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A.R.S. § 14-2708

Class Gifts: Distribution Not Specified

Verified April 4, 202657th Legislature, 1st Regular Session

When a will or trust leaves property to "descendants" or "issue" without saying how to divide it, Arizona law fills the gap. Living class members receive shares under the same rules as intestate succession.

Title 14, INTESTATE SUCCESSION AND WILLS

azleg.gov

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. § 14-2708

Living 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.

14-2708. Class gifts to descendants, issue or heirs of the body; form of distribution if none specified 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. These class members receive shares they would receive under the applicable law of intestate succession if the designated ancestor had died intestate owning the subject matter of the class gift.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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