The Order of Inheritance Under Arizona Law
Arizona follows a straightforward priority system when distributing an intestate estate. The law starts with the closest relatives and works outward. The first group to have a living member takes the entire share.
Any part of the intestate estate not passing to the decedent's surviving spouse under section 14-2102 or the entire intestate estate if there is no surviving spouse passes in the following order to the following persons who survive the decedent: 1. To the decedent's descendants by representation.
A.R.S. § 14-2103(1)Children and grandchildren come first. If the deceased had no descendants, the estate passes to the parents equally, or to the surviving parent if only one is living. If neither parent survives, the estate goes to the descendants of the parents, meaning siblings, nieces, and nephews.
What Happens When Closer Relatives Are Gone
If there are no descendants, parents, or siblings, the law looks to grandparents and their descendants. The estate splits in half: one half to the paternal side and one half to the maternal side. Each side follows the same pattern of grandparents first, then their descendants by representation.
If one side of the family has no surviving members at all, the entire estate passes to the other side. This can mean a distant cousin inherits everything, even if the deceased had no meaningful relationship with that person.
For families where the default order does not match what the deceased would have wanted, this statute illustrates exactly why having a will or living trust matters. Without one, the law makes the decision.
