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Arizona Intestacy Laws

The following are excerpts from Arizona’s intestacy laws. Please reference the full body of the Trusts, Estates and Protective Proceedings title of the Arizona Revised Statutes at the Arizona State Legislature for any changes to those laws that may not be reflected below.

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Arizona Intestate Laws

14-1201. Definitions
In this title, unless the context otherwise requires:
6. “Child” includes a person who is entitled to take as a child under this title by intestate succession from the parent whose relationship is involved. Child excludes a person who is only a stepchild, a foster child, a grandchild or a more remote descendant.
8. “Community property” means that property of a husband and wife that is acquired during the marriage and that is community property as prescribed in section 25-211.
12. “Descendant” means all of the decedent’s descendants of all generations, with the relationship of parent and child at each generation.
17. “Estate” includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. As it relates to a spouse, the estate includes only the separate property and the share of the community property belonging to the decedent or person whose affairs are subject to this title.
25. “Heirs”, except as controlled by section 14-2711, means persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a decedent.
29. “Issue” of a person means descendant as defined in this section.
37. “Parent” includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent or grandparent.
43. “Property” has the same meaning prescribed in section 14-10103.
48. “Separate property” means that property of a husband or wife that is the spouse’s separate property as defined in section 25-213.
55. “Survive” means that a person has neither predeceased an event, including the death of another person, nor is deemed to have predeceased an event under section 14-2104 or 14-2702.

14-2101. Intestate estate; modification by will
A. Any part of a decedent’s estate not effectively disposed of by will passes by intestate succession to the decedent’s heirs as prescribed in this chapter, except as modified by the decedent’s will.
B. A decedent by will may expressly exclude or limit the right of a person or class to succeed to property of the decedent that passes by intestate succession. If that person or a member of that class survives the decedent, the share of the decedent’s intestate estate to which that person or class would have succeeded passes as if that person or each member of that class had disclaimed that person’s intestate share.

14-2102. Intestate share of surviving spouse
The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse:
1. If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate.
2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.




14-2103. Heirs other than surviving spouse; share in estate
Any part of the intestate estate not passing to the decedent’s surviving spouse under section 14-2102 or the entire intestate estate if there is no surviving spouse passes in the following order to the following persons who survive the decedent:
1. To the decedent’s descendants by representation.
2. If there is no surviving descendant, to the decedent’s parents equally if both survive or to the surviving parent.
3. If there is no surviving descendant or parent, to the descendants of the decedent’s parents or either of them by representation.
4. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent’s paternal grandparents equally if both survive or to the surviving paternal grandparent or the descendants of the decedent’s paternal grandparents or either of them if both are deceased with the descendants taking by representation. The other half passes to the decedent’s maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent’s relatives on the other side in the same manner as the half.

14-2104. Heirs; surviving of decedent; time requirement; presumption; exception
A. A person who does not survive the decedent by at least one hundred twenty hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property and intestate succession, and the decedent’s heirs are determined accordingly.
B. If it is not established by clear and convincing evidence that a person who would otherwise be an heir survived the decedent by at least one hundred twenty hours, it is deemed that the individual failed to survive for the required period.
C. This section does not apply if its application would result in a taking of intestate estate by the state under section 14-2105.

14-2105. Unclaimed estate; passage to state
If no one is qualified to claim the estate under this article, the intestate estate passes to the state.

14-2106. Passing of estate by representation; assigning of shares; definitions
A. If under section 14-2103, paragraph 1 all or part of a decedent’s intestate estate passes by representation to the decedent’s descendants, that estate is divided into as many equal shares as there are surviving descendants in the generation nearest to the decedent that contains one or more surviving descendants and to deceased descendants in the same generation who left any surviving descendants. Each surviving descendant in the nearest generation is allocated one share. Any remaining shares are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
B. If under section 14-2103, paragraph 3 or 4 all or part of a decedent’s intestate estate passes by representation to the descendants of either of the decedent’s deceased parents or to the descendants of either of the decedent’s deceased paternal or maternal grandparents, all or part of the estate is divided into as many equal shares as there are surviving descendants in the generation nearest the deceased parents or either of them, or the deceased grandparents or either of them, that contains one or more surviving descendants and to deceased descendants in the same generation who left any surviving descendants. Each surviving descendant in the nearest generation is allocated one share. Any remaining shares are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.
C. For the purposes of this section:
1. “Deceased descendant”, “deceased parent” or “deceased grandparent” means a descendant, parent or grandparent who either predeceased the decedent or is deemed to have predeceased the decedent under section 14-2104.
2. “Surviving descendant” means a descendant who neither predeceased the decedent nor is deemed to have predeceased the decedent under section 14-2104.

14-2107. Kindred by half blood; right of inheritance
Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.

14-2108. After-born heirs; requirements
A child in gestation at a particular time is treated as living at that time if the child lives at least one hundred twenty hours after its birth.

14-2113. Heirs related to decedent through two lines; single share
A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the person to the larger share.

14-2114. Parent and child relationship; intestate succession; adopted children
A. Except as provided in subsections B and C of this section, for the purposes of intestate succession, a person is the child of that person’s natural parents, regardless of their marital status. If this issue is in dispute the court shall establish that relationship under title 25, chapter 6, article 1.
B. An adopted person is the child of that person’s adopting parent or parents and not of the natural parents. Adoption of a child by the spouse of either natural parent has no effect on the relationship between the child and that natural parent or on the right of the child or a descendant of the child to inherit from or through the other natural parent.
C. Inheritance from or through a child by either natural parent or the natural parent’s kindred is precluded unless that natural parent has openly treated the child as a natural child and has not refused to support the child.

14-10103. Definitions
In this chapter, unless the context otherwise requires:
13. “Property” means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest in anything that may be the subject of ownership.