Skip to main content

Heir

Probate & Legal

A person legally entitled to inherit from someone who died without a will under Arizona's intestacy statutes.

An heir is a person legally entitled to inherit when someone dies without a will. Arizona's intestate succession statutes set the order: surviving spouse, descendants, parents, siblings, and so on.

Heir Versus Beneficiary

An heir takes by operation of law when there is no will. A beneficiary or devisee takes because they are named in a will or trust. The same person can be both, but the legal source of the right is different.

How Arizona Identifies Heirs

If there is a surviving spouse and all descendants are also descendants of that spouse, the spouse takes the entire intestate estate. Otherwise, the estate is split between the spouse and the deceased's children. Adopted children are treated as heirs of their adoptive parents under A.R.S. 14-2705. Stepchildren who were never adopted generally do not inherit by intestacy.

Related Services

Get Started Today

Need Help With Your Estate Plan?

RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

(480) 346-3570