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. § 14-3901If 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. § 14-3901Inheriting 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.