Property Inheritance Law in Arizona

Arizona inheritance laws outline what happens to an individual’s estate after their death. Handling assets and property distribution can get complex due to numerous factors. The size of the estate, the deceased’s marital status, whether they left behind surviving descendants, and whether they had a valid will can all impact how family members inherit property.

If you are the executor, heir, or beneficiary of a loved one who passed away in Arizona, it’s crucial to understand the state’s property inheritance laws and how they apply to you. Here’s a general overview from the estate planning attorneys at Brown & Hobkirk, PLLC. Call or contact us today for a free consultation* for specific advice about your case.

How Do Inheritance Laws in Arizona Work?

Inheritance laws direct how a person’s estate should be settled upon their death. The best-case scenario is when the decedent (the person who died) had a valid will. In a will, the decedent specifies what happens to their property after death. Without a will, asset distribution decisions follow Arizona’s intestate succession laws, which may or may not have aligned with the person’s final wishes.
Property distribution gets trickier when a person dies intestate ― without a valid will. In those cases, assets go to family members and heirs in an order set forth by the state. Intestate succession rules only apply to assets that must go through probate in Arizona. They do not apply to non-probate inheritances with beneficiaries already named in them, such as retirement account funds, life insurance payments, revocable trusts, and joint tenancy real estate.

Community Property vs. Separate Property in Arizona

In Arizona, property division is strongly influenced by the decedent’s marital status at the time of death. Community property is any property acquired during the marriage. The spouse is heir to one-half of the community property after their spouse’s death. The other half is distributed to heirs based on the wishes laid out in the decedent’s will or through state intestacy laws.
By contrast, separate property is property the decedent owned before marrying, received as a gift by a third party, or inherited. Upon their death, separate property goes to the estate and is distributed based on who is named in the will or the laws of intestate succession.

Who Qualifies as a Descendant?

Arizona inheritance laws specify that a decedent’s property passes to their spouse and/or descendants. Qualifying descendants could include:

• Children, including adopted children or ones conceived before marriage
• Grandchildren and great-grandchildren
• Parents
• Siblings

Figuring out who counts as a descendant and understanding Arizona next-of-kin laws can get confusing. If you have questions about whether you are an eligible heir to an estate, it’s best to get advice from a knowledgeable lawyer.

What To Do If You Need Help

Arizona inheritance laws are full of caveats and exceptions. Knowing how to settle an estate and ensure that assets and property get distributed properly is no easy task. Let a skilled estate planning lawyer from Brown & Hobkirk, PLLC help. Our full-service law firm can help you understand your rights to property under the state’s inheritance laws so that your loved one’s wishes are carried out according to plan.

For more than 20 years, our highly skilled attorneys have been helping Arizonans with their wills, estate planning, probate, and trust needs. Call or contact us today for a free consultation*.