Can I Contest An Estate If There’s No Will?

The death of a loved one is an emotional and stressful experience. Quite often, this stress is compounded when disputes arise between family members about funeral decisions or the distribution of assets. These disputes are usually resolved by following the deceased’s will, but what happens if there’s no will?

In Arizona, if no will exists, the state’s intestacy laws will apply. These intestacy laws will determine the distribution of property and assets.

At the law offices of Brown & Hobkirk, PLLC our estate lawyers can help you to understand these intestacy laws, and what happens if a loved one dies without a will. Contact us today if you’ve lost a loved one and need help with this process.

Who Is In Charge Of The Estate?

If a person dies without a will, the Court will appoint a personal representative based on the priority for appointment established by Arizona law.

A person who wishes to be the personal representative of an estate can initiate the process by filing a petition or application with the Court. Typically, a surviving spouse or family member takes on this role. The Court then approves or denies this application.

What Does Intestate Succession Mean?

In the event a person passes away without a will, the appointed personal representative must divide the estate in accordance with the rules of intestate succession as set forth in Arizona law.

Arizona law requires:

• If the deceased was married at the time of death and didn’t have any surviving children from a prior relationship:
  • the entire estate will pass to the surviving spouse.
• If the deceased was married at the time of death and had surviving children from a prior relationship:
  • one-half of the deceased’s separate property will pass to the surviving spouse
  • one-half of the deceased’s separate property and all of the deceased’s interest in community property will pass to the surviving children from the prior relationship(s).
• If the deceased wasn’t married at the time of death:
  • the entire estate will pass to the surviving children.
• If the deceased wasn’t married at the time of death and didn’t have any surviving children:
  • the entire estate will pass to the deceased’s surviving parents.

Please keep in mind the above list isn’t exhaustive. Arizona law also accounts for someone passing away without surviving parents, siblings, or grandparents. In most instances, there will be at least one living relative. Arizona law was designed to ensure that property is distributed to the surviving family. However, in the event there are no living relatives, your property may pass to the State of Arizona.

How Are Shares Divided?

The estate is divided into as many equal shares as there are surviving descendants and any deceased descendants that left surviving descendants of their own in the generation closest to the starting point.

Each surviving descendant in the closest generation receives a share. The remaining share(s) are then divided in a similar manner among the deceased descendant’s surviving issue.

The easiest way to illustrate this law would be to review the following example:

• Bill and his late wife (Beth) had four children (A, B, C, and D).
• Two (2) of their children (A and B) each had two (2) children of their own, Bill’s grandchildren.
• Two (2) of their children (C and D) did not have any children.
• Prior to Bill’s death, B and C died.
• Bill died without a will.

How Will Bill’s Estate Be Divided?

• Bill’s estate will be divided into 3 equal shares:
  • 2 shares will go to his surviving children (A and D)
  • 1 share will be split equally between B’s two surviving children

The process of dividing shares under Arizona’s intestate laws can get very confusing. If you’ve been appointed as a personal representative, it’s a good idea to consult with an estate lawyer to make sure the estate is being properly distributed. Also, if you aren’t happy with how the state of Arizona would potentially divide your estate, now is the time to make sure you have a valid will in place.

Contact Us

At Brown & Hobkirk, PLLC we know that it can be difficult to navigate the intestate laws when your loved one dies without a will. We also understand there may be family members who feel they’re entitled to a share of the deceased’s estate.

We can help guide you through the process. When you work with our office, we will explain the laws that apply to your case, we will handle all the heavy work of distributing your loved one’s estate, and we will help you navigate any family disputes concerning the estate.

Contact us today to learn more about the intestate laws of Arizona. We are ready to serve you in one of our conveniently located offices in Scottsdale, Phoenix, Peoria, Chandler or Tucson.