Probate is the legal process that manages the distribution of an individual’s assets after their death. In Arizona, the process can be complex due to various factors such as the size of the estate, the deceased’s marital status, whether they left behind surviving descendants, and whether they had a valid will. Understanding Arizona’s inheritance laws is crucial for anyone who is an executor, heir, or beneficiary of a loved one who passed away in the state of Arizona.
This is a general overview of Arizona’s probate inheritance laws and how they may apply to you.
When a person dies with a valid will in Arizona, their property is distributed according to their wishes as laid out in the will. However, if a person dies without a valid will, the distribution of their assets follows Arizona’s intestate succession laws, which may or may not align with the person’s final wishes. It’s important to note that these rules only apply to assets that must go through probate in Arizona. Non-probate inheritances, such as retirement accounts, life insurance payments, and revocable trusts, have beneficiaries already named and are not subject to these laws.
Arizona’s division of property is also heavily influenced by the decedent’s marital status at the time of death. Community property is any property acquired during the marriage, and the surviving spouse is heir to one-half of it. The other half is distributed to heirs based on the wishes laid out in the decedent’s will or through state intestacy laws. On the other hand, separate property is property the decedent owned before marriage, received as a gift, or inherited. This property goes to the estate and is distributed based on who is named in the will or the laws of intestate succession in Arizona.
Deciding who qualifies as a descendant and understanding Arizona’s next-of-kin laws can be confusing. Qualifying descendants could include children, including adopted children or ones conceived before marriage, grandchildren and great-grandchildren, parents, and siblings. If you have any questions about whether you are an eligible heir to an estate, it’s best to consult with a knowledgeable attorney.
If the will does not name an executor to administer the estate, the probate court in Arizona will appoint one. The executor or personal representative is responsible for managing the deceased’s assets, paying their debts, and distributing the inheritance to their beneficiaries. The distribution of inheritance can take several months, depending on how long it takes to locate the will and settle the estate.
When someone dies without a will, the probate court will distribute their assets to their next of kin according to Arizona’s laws of intestate succession. The court will also appoint someone to be in charge of distributing the inheritance to the heirs. Due to the court’s need to determine and locate the heirs, it can take much longer to receive an inheritance when someone dies without a will in Arizona.
It’s important to note that if you have a small estate, a living trust, joint property, accounts with payable-on-death or transfer-on-death designations, or have given assets away before your death, your estate might be able to avoid probate proceedings in Arizona. Regardless of the size of your estate, it’s always a good idea to make a will to ensure that your loved ones and pets are taken care of after you’re gone.
If you are an executor or a beneficiary in Arizona, it is important to seek legal advice from a licensed attorney to ensure that the estate is settled correctly and efficiently.