The short answer
Without a will, Arizona law supplies the inheritance rules for probate property. It does not automatically send every asset to probate or to the state.
First separate probate and nonprobate assets
Intestacy applies to the portion of an estate that is not effectively disposed of by will and does not move through another valid transfer path. A named beneficiary, survivorship ownership, trust title, or another controlling document may transfer an asset without using the intestate distribution order.
That means the same family can receive some property directly and handle other property through a probate case or affidavit. Build the asset list and verify the controlling records before deciding who receives what.
What a surviving spouse receives
Arizona is a community-property state, and the spouse’s intestate share depends on the surviving family structure. These outcomes come from A.R.S. §14-2102:
There is no surviving issue, or every surviving issue of the person who passed away is also issue of the surviving spouse.
The surviving spouse receives the entire intestate estate.
At least one surviving issue of the person who passed away is not issue of the surviving spouse.
The surviving spouse receives one-half of the intestate separate property and no interest in the one-half of community property that belonged to the person who passed away.
This describes the intestate estate. It does not reassign an asset already controlled by a valid beneficiary, survivorship feature, or trust.
Who inherits beyond the spouse
Any intestate portion not passing to the surviving spouse—or the entire intestate estate when there is no surviving spouse—passes in the order stated in A.R.S. §14-2103.
- 1descendants by representation
- 2parents
- 3descendants of the person’s parents, including siblings and their descendants
- 4grandparents and their descendants, divided between the paternal and maternal sides as the statute directs
“By representation” has a statutory meaning for how a deceased relative’s branch is represented. Parent-child status can also require the separate analysis described in A.R.S. §14-2114. Property reaches Arizona only when no person qualifies under the chapter, as stated in A.R.S. §14-2105.
Who may handle the estate
An heir does not gain authority over probate assets just because there is no will. The Superior Court appoints the personal representative. Arizona’s order under A.R.S. §14-3203 is:
- the person given priority by a probated will
- the surviving spouse who is a devisee
- other devisees
- the surviving spouse
- other heirs
- the Arizona Department of Veterans’ Services when the statute applies
- a qualifying creditor after the statutory waiting period
- the public fiduciary
Some categories only apply in specific circumstances. Shared priority, an objection, or a person with higher priority who has not renounced can require formal proceedings.
Could the estate avoid probate?
No will does not disqualify an estate from Arizona’s small-estate procedures. The value, waiting period, appointment status, expenses, debts, and other statutory conditions control. Use this wizard as a screening tool, not a legal determination.
Every threshold and condition below comes from A.R.S. §14-3971, verified against the statute text at azleg.gov as of 2026-08-17. The caps were raised substantially effective September 26, 2025. For a death before that date, the wizard flags an estate that fits only under the expanded limits for confirmation instead of assuming a transition rule.
Sets the waiting periods: 30 days (personal property) · 6 months (real estate).
Frequently asked questions
Does no will mean the state gets everything?
No. Arizona’s intestacy rules first look to a surviving spouse and family in the order set by A.R.S. §14-2102 and A.R.S. §14-2103. Property passes to the state only when there is no person entitled to take under the intestacy statutes.
Does no will automatically mean probate?
No. A beneficiary designation, survivorship title, trust, or another valid nonprobate path may control an asset. Arizona’s affidavit procedures under A.R.S. §14-3971 may also apply when every condition is met.
Who becomes the personal representative?
No one receives authority merely by being a relative. Appointment comes from the court, and A.R.S. §14-3203 supplies the priority order. Competing priorities or objections can require a formal proceeding.
Do stepchildren inherit under Arizona intestacy law?
A family label alone does not answer the question. Parent-child relationships for intestate succession are governed by A.R.S. §14-2114, including rules involving adoption and other relationships. A specific family history may need individual legal analysis.
