When the Document Does Not Say How to Divide
Estate documents sometimes use broad language. A trust might say "distribute to my descendants" without explaining how grandchildren and children share.
When the document is silent on the method, Arizona law provides the answer.
If a class gift in favor of descendants, issue or heirs of the body does not specify the manner in which the property is to be distributed among the family members who comprise that class, the property that comprises the class gift is distributed among the class members who are living when the interest is to take effect in possession or enjoyment.
A.R.S. § 14-2708Living class members receive shares as if the named ancestor had died without a will. This means the distribution follows intestate succession rules.
In practice, Arizona uses a per capita at each generation approach.
Why the Default Method Matters
The method used can change who gets what. Under per capita at each generation, descendants in the closest living generation each get an equal share.
Any leftover shares from deceased members in that generation are pooled. They are then split equally among descendants in the next generation.
This default rule applies only when the document does not name a method. If a will or trust says "per stirpes" or "equally among my children," those instructions control.
What This Means for Personal Representatives
A personal representative managing an estate needs to know this rule. When the will or trust is silent, the personal representative follows intestate succession rules.
The same default applies if the residuary clause uses class gift language without naming a method. The property goes to descendants under the per capita approach.
For families with many generations of heirs, stating the method in the document avoids confusion. It also saves the personal representative from having to research default rules.