Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.
Detailed Answer
What Is Intestate Succession?
Intestate succession occurs when someone dies without a valid will. In Arizona, this triggers the state’s probate statutes, which set rules for distributing a decedent’s probate assets.
Key Arizona Statutes
Arizona Revised Statutes (ARS) Title 14 contains the Uniform Probate Code. Two key provisions are:
- ARS §14-2101: Defines terms like “descendants” and “intestate.”
- ARS §14-2102: Sets shares for a decedent’s surviving spouse and descendants.
Distribution When No Spouse and Two Children Survive
Under ARS §14-2102(B), if the decedent leaves no spouse but has surviving descendants, the court distributes the entire probate estate equally per stirpes among the children. “Per stirpes” means each child’s branch of the family receives an equal share. If a child predeceases the decedent but has surviving issue, that branch inherits the original share.
Example: Jane and Mark are the only children of John, who died without a will or spouse. The probate court divides John’s probate assets into two equal shares: Jane receives 50% and Mark receives 50%. If Mark had died before John but left two children, those grandchildren would together receive Mark’s 50%, split equally.
Non-Probate Assets
Arizona intestate rules only apply to probate assets. Assets held in joint tenancy, payable-on-death (POD) accounts, life insurance policies, and retirement plans with designated beneficiaries pass directly to named survivors.
Helpful Hints
- File a probate petition in the Arizona Superior Court in the decedent’s county.
- Identify all probate assets and assemble supporting documents (titles, account statements).
- List heirs according to ARS §14-2102; verify each child’s status.
- Apply per stirpes distribution if any child predeceased the decedent.
- Check for any lifetime gifts considered advancements under ARS §14-2110.
- Review beneficiary designations on non-probate assets and update them regularly.
- Keep detailed records of all estate transactions to prevent future disputes.