Who Inherits Property of an Arizona Resident Who Dies without a Will or a Trust?

Which Statement Applies to You?*

I am a resident of Arizona.
I am not a resident of Arizona.

This Questionnaire is Only for Arizona Residents*

Sorry, but this questionnaire can only be used for residents of Arizona.

Family Information

About Property that Can Be Inherited*

This questionnaire will tell you who will inherit your property if you were to die without a Will that specifies who inherits the property. Property that may be inherited does not include any property that: (i) is owned by you as joint tenants with right of survivorship, (ii) community property with right of survivorship, (iii) is subject to a beneficiary deed or beneficiary vehicle title, or (iv) is subject to a pay on death or transfer on death designation. The property that goes to your heirs under this questionnaire is property that remains in your name after death because it does not transfer automatically to others on your death.

Meaning of Your Property Goes to as Used Herein*

Whenever this questionnaire uses the phrase "your property goes to" or similar wording it means the property goes to who is specified in this questionnaire only if you do not have a Will that specifies who inherits your property.

Your Marital Status*

I am single
I am married

Select the Statement that Applies to You?*

I am single and never had any children or I had one or more children but all of them are deceased and no deceased child has any living descendants.
I am single and have one or more children are are alive now.
I am single and all of my children are deceased, but I have one or more living descendants of my children.

Which Statment is True?*

Both of my parents are alive.
One of my parents is alive.
Both of my parents are deceased.

Your Parents Will Inherit Your Property*

Because you are single and do not have any children or descendants your parents will equally inherit your property not disposed of by a Will if they are alive at the time of your death. If only one parent is alive, that parent will inherit all of your property. If neither of your parents is alive when you die then your property will be inherited equally by your siblings who are alive when you die. If you do not have any living parents or living siblings when you die then your property will be inherited equally by your parents' siblings.

Your Living Parent Will Inherit Your Property*

Because you are single and do not have any children or descendants your sole living parent will inherit all of your property not disposed of by a Will if he or she is alive at the time of your death. If neither of your parents is alive when you die then your property will be inherited equally by your siblings who are alive when you die. If you do not have any living parents or living siblings when you die then your property will be inherited equally by your parents' siblings.

Your Living Siblings Will Inherit Your Property Equally*

Because you are single and do not have any children or descendants and both of your parents are deceased your siblings who are alive at the time of your death will inherit all of your property not disposed of by a Will. If none of your siblings are alive when you die then your property will be inherited equally by your parents' siblings.

Your Children Inherit Your Property Not Disposed of by Your Will*

Because you are single all of your property not disposed of by your Will will be inherited equally by your children who are living at the time of your death. If a child is deceased at the time of your death the share that would have gone to the deceased child will go equally to the children of the deceased child who are alive at the time of your death.. If a child who is deceased at the time of your death has one or more children the share of your property that would have gone to the deceased child will go equally to the children of the deceased child who are alive at the time of your death.

Your Descendants Inherit Your Property Not Disposed of by Your Will*

Because you are single and don't have any living children all of your property not disposed of by your Will will be inherited equally by your grandchildren who are living at the time of your death. If a grandchild is deceased at the time of your death the share that would have gone to the deceased grandchild will go equally to the children of the deceased grandchild who are alive at the time of your death.. If a grandchild who is deceased at the time of your death has one or more children the share of your property that would have gone to the deceased grandchild will go equally to the children of the deceased grandchild who are alive at the time of your death.

Which Statement Applies to You?*

I do not have any children.
I have children all of which are also children of my spouse.
I have one or more children who are not children of my spouse.

Adopted Children Are Children of the Parent Who Adopts*

Arizona Revised Statutes Section 14-2114.A states, "An adopted person is the child of that person's adopting parent or parents and not of the natural parents."

All of Your Property Will Be Inherited by Your Spouse*

If your spouse is alive when you die your all of your separate property and your community property will be inherited by your spouse. If your spouse does not survive you then all of your property will go to your parents if they are alive, but if one is deceased the other will inherit everything. If your spouse and both of your parents do not out live you then your property will be inherited by your siblings equally, but if you do not have any living siblings your property will go equally to your parents' living siblings.

Your Property Will Be Inherited by Your Spouse*

If your spouse is alive when you die all of your separate property and your community property will be inherited by your spouse. If your spouse does not survive you then all of your property will go equally to your children who are living at the time of your death, but if any child does not survive you the share that would have gone to the deceased child will go equally to the children of the deceased child or equally to your living children if a deceased child does not have any children. If your spouse and all of your children do not survive you and your children do not have any living children or grandchildren then your property will go equally to your parents if they are alive, but if one is deceased the other will inherit everything. If your parents would inherit if they were alive, but both of them are deceased then your property will be inherited equally by your siblings who survive you, but if you do not have any living siblings your property will go equally to your parents' living siblings.

Your Property May Be Inherited by Your Spouse & Children Who Are Not Your Spouse's Children*

If your spouse is alive when you die one half of your separate property will be inherited by your spouse, but your spouse will not inherit any of your community property. If your spouse is alive when you die ALL of your community property will go equally to your children who are alive, but if any child does not survive you the share that would have gone to the deceased child will go equally to the children of the deceased child or equally to your living children if a deceased child does not have any children. If your spouse does not survive you then all of your property will go equally to your children who are living at the time of your death, but if any child does not survive you the share that would have gone to the deceased child will go equally to the children of the deceased child or equally to your living children if a deceased child does not have any children. If your spouse and all of your children do not survive you and your children do not have any living children or grandchildren then your property will go equally to your parents if they are alive, but if one is deceased the other will inherit everything. If your parents would inherit if they were alive, but both of them are deceased then your property will be inherited equally by your siblings who survive you, but if you do not have any living siblings your property will go equally to your parents' living siblings.

A Common Nightmare Caused by the Lack of a Will*

Consider Homer who has a daughter Jane who he has not spoken to in years who was raised by her mother. Homer is married to Marge and they have one child named Linda. Homer and Marge own their Arizona home as community property, not as community property with right of survivorship. The home is valued at $300,000. Homer also has a $100,000 bank account that is his separate property. Homer dies.
Homer's separate property bank account is inherited as follows: (i) Marge gets $50,000, (ii) Jane gets $25,000, and (iii) Linda gets $25,000. Homer's community property interest in the home goes one half to Jane and one half to Linda, which means that the home will be owned one half by Marge, 25 percent by Jane and 25 percent by Linda.
If he were alive to see the results of his failure to plan Homer would not be happy. He wants Marge to inherit everything. For that to happen, Homer needs a Will or a Trust that contains his inheritance plan.

120 Hour Survival Requirement*

Whether a person is considered alive and survives you so as to inherit your property depends on whether the person survives you by 120 hours. Arizona Revised Statutes Section 14-2104 states: "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 . . . intestate succession, and the decedent's heirs are determined accordingly. . . . 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."

Wills, Trusts & Estate Planning

Do your loved ones a big favor and sign a Will or a Trust that contains your plan on who will inherit your property rather than the State of Arizona's plan. A Will or a Trust can insure that the person or people you want to inherit your property will actually inherit the property rather than somebody you don't want to inherit, but who inherits under the State of Arizona's plan.

Learn About Wills & Trusts*

If you want to learn more about wills, trusts and estate planning go to our online ebook called "Family Asset Protection."

Contents of Our Estate Plan*

See the contents & prices of our estate plan.