The Order of Inheritance Under Intestate Succession Laws
When spouses or children are not in the picture, who gets the estate? The probate process follows a clear priority system. The law starts with the closest family members and works outward. The first group with 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. If only one parent is living, that parent inherits. If neither parent survives, the estate goes to siblings, nieces, and nephews.
What Happens When Closer Relatives Are Gone
If there are no descendants, parents, or siblings, the intestate succession laws look further out. The estate splits in half: one half to the paternal side and one half to the maternal side. Each side follows the same pattern. Grandparents come 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. That may happen even if the deceased had no real relationship with that person.
For family members where the default order does not match what the deceased would have wanted, this statute shows exactly why having a will or living trust matters. Without one, the probate process follows the rules set by Arizona intestate succession law. Both separate property and community property pass through this same fixed order when there is no spouse to inherit.