What "By Representation" Means
Representation is the method used to distribute an inheritance when a person who would have inherited has already passed away. Rather than letting that share disappear, state law passes it down to the next generation of family members.
Here is how it works. The estate is divided into equal shares at the first generation level that has at least one surviving member. Each living person at that level receives one share. Any shares that would have gone to a deceased member are combined. They are then divided the same way among their surviving descendants.
If under section 14-2103, paragraph 1 all or part of a decedent's intestate estate passes by representation to the decedent's descendants, that estate is divided into as many equal shares as there are surviving descendants in the generation nearest to the decedent that contains one or more surviving descendants and to deceased descendants in the same generation who left any surviving descendants.
A.R.S. § 14-2106(A)A Practical Example
Imagine a parent dies with three children. Two are still living, but the third passed away years earlier. The third child left two children of their own (the grandchildren). Under representation, the estate splits into three equal shares. The two living children each receive one-third. The remaining third is split equally between the two grandchildren.
This same method applies further down the family tree. It also applies when the estate passes to siblings, nieces, nephews, or more distant relatives. The goal is to keep each branch of the family proportionally represented.
How This Affects Different Types of Property
Representation applies to both community property and separate property that passes through the probate process. If a person dies intestate, this formula controls how each type of asset is split among family members. Under Arizona law, the calculation is the same whether the estate holds real estate, financial accounts, or personal belongings.
For families with complex structures, this default formula may not match what the deceased person wanted. A will or living trust can accomplish a similar result with the ability to customize. Spouses' children from prior relationships can be addressed directly in an estate plan.