Dying Without A Will
A.R.S. 14-2102 — all to the spouse unless a child is not the spouse's, and who takes the rest
In Arizona, when a person dies without a will, the surviving spouse takes the entire intestate estate, both separate property and the person's half of the community property, if there are no surviving issue or all of them are also the spouse's.
A child who is not the spouse's. If one or more of the surviving issue is not also the spouse's, the spouse takes one-half of the separate property and no interest in the person's half of the community property.
- What does not go to the spouse, or all of it if there is none, goes to the descendants.
- With none, to the parents equally, or the surviving parent.
- With neither, to the parents' descendants.
- Then half to each side's grandparents or their descendants, and all to one side if the other has none.
Sources for this section (2)
- A.R.S. 14-2102 — Intestate share of spouse
- A.R.S. 14-2103 — Shares of heirs other than surviving spouse
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.