When someone passes away without a valid will, they are considered to have died intestate. In these cases, Arizona law determines how the person’s property is distributed. This process is called intestate succession, and it applies to residents of Tucson and Pima County.
Understanding how intestate succession works can help families avoid confusion, delays, and unexpected outcomes during an already difficult time.
What Is Intestate Succession?
Intestate succession is the legal system Arizona uses to decide who inherits a person’s assets when no will exists. Instead of personal wishes guiding the process, the state follows a strict order of inheritance outlined in Arizona law.
This means:
- The court appoints an administrator to manage the estate
- Assets are distributed according to family relationships
- Probate is usually required
Why Intestate Succession Matters in Tucson
Dying without a will can create challenges for loved ones, especially when real estate is involved. In Tucson, intestate estates often face:
- Court-supervised probate, which can take months
- Delays in selling or transferring property
- Family disagreements, especially in blended families
- Outcomes that may not reflect the deceased person’s wishes
Understanding these rules ahead of time can help families plan better and reduce stress.
How Intestate Succession Works in Arizona
Arizona law determines inheritance based on the deceased person’s closest surviving relatives.
Surviving Spouse
- If there are no children, the spouse usually inherits the entire estate.
- If all children are shared with the spouse, the spouse typically inherits everything.
- If the deceased has children from another relationship, the spouse may receive all community property but only a portion of separate property.
Children and Descendants
If there is no surviving spouse (or if some assets are not inherited by the spouse), children inherit in equal shares. If a child has passed away, that child’s share goes to their own children (grandchildren).
Other Relatives
If there is no spouse or children, inheritance passes to:
- Parents
- Siblings
- Extended family such as nieces, nephews, aunts, uncles, or cousins
If no relatives are found, the estate may eventually go to the State of Arizona.
Assets That May Avoid Intestate Succession
Some assets pass outside of intestate laws and probate, including:
- Life insurance policies with named beneficiaries
- Retirement accounts (401(k), IRA)
- Property held in joint tenancy
- Transfer-on-death deeds or accounts
These assets go directly to the named beneficiary.
Probate and Real Estate in Tucson
Real estate is often one of the most valuable assets in an intestate estate. Before a home can be sold or transferred:
- Probate must usually be completed
- The court must approve the administrator
- Title issues must be resolved
Working with a knowledgeable local Realtor can make this process smoother and help families understand their options.
How a Tucson Realtor Can Help During Probate
A Realtor experienced in probate and intestate situations can assist with:
- Property valuation
- Preparing the home for sale
- Coordinating with attorneys and heirs
- Navigating court timelines
- Helping families sell or transfer property efficiently
Work With a Trusted Tucson Realtor
If you’re dealing with intestate succession or probate real estate in Tucson, Ryan Comstock is a knowledgeable local Realtor who understands the unique challenges families face during these situations.
Ryan Comstock – Tucson Realtor
📞 Phone: (520) 261-4669
📧 Email: ryancomstock@ryancomstock.com
🌐 Website: www.ryancomstock.com
Ryan works closely with families to provide clear guidance, compassionate support, and professional real estate expertise during probate and intestate property matters.