When Escheat Applies
Arizona's inheritance rules cast a wide net. Before escheat can happen, the court must confirm no qualifying heir exists. That means no surviving spouse, children, grandchildren, parents, or siblings. It also means no nieces, nephews, grandparents, or their descendants. Only when every category of heir under A.R.S. § 14-2103 is exhausted does the estate go to the state under A.R.S. § 14-2105.
In practice, escheat is rare. The succession rules reach far enough through the family tree that someone almost always qualifies.
How to Prevent Escheat
The simplest way to prevent escheat is to have a valid will or living trust. Either document lets you name exactly who receives your assets. You can choose family members, friends, or charitable groups. Without estate planning papers, the state's default rules apply. If no heir qualifies, the state becomes the final recipient.