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A.R.S. § 14-3901

Successors' Rights Without Probate

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

Arizona law recognizes that heirs and devisees are entitled to estate property even without a formal probate proceeding. Devisees can establish title through a probated will. Intestate heirs can prove their right through ownership records, the death certificate, and proof of relationship. Successors still take property subject to creditor claims.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

Inheriting Without Formal Administration

Not every estate goes through full probate. This statute confirms that heirs and beneficiaries still have a legal right to the property. Their assets do not sit in limbo because no one filed court paperwork.

In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession.

A.R.S. § 14-3901

If there is a probated will, the named devisees can use it to establish title. If there is no will, heirs can show the deceased owned the property. They must also show proof of death and their family relationship under Arizona's intestacy rules.

Rights Come With Responsibilities

This statute does not mean successors receive property free and clear. The property remains subject to creditor claims and the surviving spouse's allowances. It is also subject to dependent children's protections, abatement, retainer, advancement, and ademption.

Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement and ademption.

A.R.S. § 14-3901

Inheriting without probate does not erase the deceased person's debts. Creditors can still pursue what they are owed. Arizona's protections for a surviving spouse and dependent children remain in effect.

How This Applies to Different Types of Property

This statute covers personal property, real estate, and bank account funds. It also covers other assets that would normally go through probate.

Some assets pass outside of probate on their own. For example, transfer on death (TOD) accounts, retirement accounts with named beneficiaries, and living trust property follow their own rules.

For a small estate, family members may handle the transfer without opening a probate case. If the estate is larger or involves properties in multiple locations, opening probate may still protect everyone's rights. Arizona law does not require formal steps before successors can claim what is theirs.

In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by allowance in lieu of homestead, exemption or intestacy may establish title thereto by proof of the decedent's ownership, his death and their relationship to the decedent. Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement and ademption.

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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