The Basic Rule: Property Goes Where the Will Directs
This statute sets the foundation for all of Arizona's probate law. At death, a person's separate property and their share of community property pass to the people named in their will. If there is no will, the property passes to heirs under intestate succession rules. Either way, the transfer is subject to creditor claims, family allowances, and the administration process outlined in Title 14.
Upon the death of a person, his separate property and his share of community property devolves to the persons to whom the property is devised by his last will, or to those indicated as substitutes for them in cases involving lapse, renunciation or other circumstances affecting the devolution of testate estates, or in the absence of testamentary disposition to his heirs.
A.R.S. § 14-3101(A)One detail that surprises many families: the surviving spouse's share of community property is also subject to administration until the deadline for creditor claims has passed. After that window closes, the surviving spouse's community property is only subject to administration if needed to pay community debts.
When Both Spouses Die
The statute also addresses the difficult situation where a husband and wife both pass away. If the administration of one estate has not been completed before the other begins, the two estates may be combined into a single proceeding with one personal representative. This simplifies what would otherwise be two parallel probate cases.
If a husband and wife both die, and the administration of one of their estates is not completed prior to commencement of administration of the other, their estates may be combined in a single administration with the same personal representative, if feasible.
A.R.S. § 14-3101(B)For families with a properly funded living trust, most or all of this process can be avoided entirely. Assets held in trust do not go through probate administration and are not subject to these rules.