How to Claim Your Share When a Parent Dies Intestate in Arizona

Disclaimer: This article explains Arizona procedures and is for general informational purposes only. It is not legal advice. For advice about your specific situation, contact a licensed Arizona attorney or the probate court.

Detailed answer — overview and step-by-step process

When a parent dies without a will (intestate) in Arizona, state law and probate procedures determine who inherits and how you can claim your share. The process depends on several facts: whether the decedent held community property, whether there are surviving spouses or children, the size of the estate, and whether the estate needs formal probate. Below are clear steps to follow and the basic legal principles under Arizona law.

1. Understand the basic rules of intestate succession in Arizona

Arizona handles intestate estates under the Probate Code (Arizona Revised Statutes, Title 14). The code sets the order of who inherits when there is no will (spouse, children, parents, siblings, etc.). Because Arizona is a community-property state, community property is treated differently than separate property. For the exact statutory language and order of distribution, see Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14.

2. Identify the assets and whether probate is required

Collect information about the decedent’s bank accounts, real estate, retirement accounts, life insurance, and any payable-on-death or transfer-on-death designations. Some assets pass outside probate (e.g., jointly owned property with rights of survivorship, accounts with POD/TOD beneficiaries, life insurance proceeds with named beneficiaries, retirement accounts). Assets that are solely in the decedent’s name typically must go through probate or a small-estate process.

3. Determine whether the estate qualifies for a simplified or small-estate procedure

Arizona law provides simplified procedures for smaller estates or for collecting certain personal property without formal probate. County probate court clerks and the Arizona Judicial Branch provide guidance and forms for small-estate procedures and collection of personal property. Check resources and forms at the Arizona Judicial Branch probate self-service page: https://azcourts.gov/self-service/Probate. If the estate is small and the assets you seek are personal property, you may be able to use a statutory affidavit or other expedited method to collect property without opening a full probate.

4. If formal probate is necessary, file in the appropriate county probate court

If there are significant assets in the decedent’s name only (especially real estate) or there are creditor issues or disputes among heirs, someone (usually an heir) or a creditor should petition the probate court to open a probate case and to appoint a personal representative (also called an executor or administrator). The personal representative gathers assets, gives notice to creditors, pays valid debts and taxes, and distributes the remaining assets to heirs under Arizona intestacy law.

5. Appointment of a personal representative and notices

The probate court appoints a personal representative under rules in Title 14. The personal representative will be responsible for notifying known heirs and creditors and for filing an inventory and account with the court. Heirs who want to claim a share should make their relationship known to the court and the personal representative and provide documentation (birth certificates, marriage certificates, family records) that proves heirship.

6. How shares are allocated

Intestate distribution depends on who survives the decedent. For example, heirs typically include a surviving spouse, children, parents, siblings, and more remote relatives if there are no immediate family members. Community property and separate property may be distributed differently. Consult the probate code in Title 14 to see how shares are calculated or ask a probate attorney to run the exact distribution for your family’s facts: Arizona Revised Statutes — Title 14 (Probate).

7. Collecting and receiving your share

Once the personal representative completes creditor notice, pays valid debts and taxes, and receives court approval (if required), the remaining estate is distributed to heirs under the intestate rules. If you are an heir and the personal representative resists distributing your share, you can file a petition with the probate court asking for enforcement of distribution or for removal/replacement of the personal representative if they are not acting properly.

8. If there are disputes (contested heirship, will claims, or creditor claims)

Disputes may arise over who is an heir, the nature of property (community vs. separate), creditor claims, elder abuse, or misconduct by a personal representative. These disputes are resolved in probate court; you may need an attorney to file motions, present proofs of heirship, or object to inventories. The probate court handles contested matters and enforces the probate code.

Practical documents and actions to prepare

Obtain multiple certified copies of the death certificate from the funeral home or county health department.
Gather identification documents proving family relationships (birth certificates, marriage certificates, adoption records).
Collect financial records: bank statements, deeds, titles, insurance policies, account beneficiary designations.
Check for pay-on-death/transfer-on-death beneficiaries and jointly titled assets (these can bypass probate).
Contact the county probate court where the decedent lived to learn local filing requirements and to obtain necessary forms: https://azcourts.gov/self-service/Probate.

What if you live out of state or the decedent owned property in multiple states?

If you or the decedent live in a different state or the decedent owned real estate in more than one state, you may need to open ancillary probate in the other states. Consider consulting an attorney licensed in the state where each property is located.

When to consult an attorney

Consider hiring a probate attorney if:

The estate is large or includes real estate.
There are disputes among heirs or potential heirs.
Creditors claim large debts or you suspect fraud or misconduct.
It’s unclear whether certain property is community or separate property.

A probate attorney can help you interpret Arizona statutes, prepare and file necessary petitions, and represent you in court. To find local probate guidance and court forms, visit the Arizona Judicial Branch probate pages: https://azcourts.gov/self-service/Probate.

Helpful Hints

Act promptly: contact the probate court and collect death certificates early to prevent delays when banks or title companies request proof.
Get certified death certificates — banks and agencies usually require them to release assets.
Keep careful records of communications with the personal representative and creditors (dates, names, copies of letters).
Do not accept informal promises; ask for court-approved distributions or written agreements signed by the personal representative and approved by the court when required.
If you are unsure whether probate is necessary, call the probate clerk for your county for general procedural guidance — they cannot give legal advice but can explain filing steps and local forms.
Collect and preserve evidence of your relationship to the decedent (birth or adoption records) — this is often the key proof for heirship claims.
If the estate includes a house, do not transfer title without following probate or statutory procedures; improper transfers can create later disputes.

Key legal resources:

Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14
Arizona Judicial Branch — Probate self‑help and forms: https://azcourts.gov/self-service/Probate

Again, this information is educational only. For guidance specific to your situation, contact a probate attorney licensed in Arizona or the probate court in the county where the decedent lived.