When someone passes away without a valid will, they are considered to have died intestate. In these situations, Arizona law decides how the person’s property and assets are distributed. This process is known as intestate succession, and it applies to residents of Marana and Pima County.
For families in Marana, understanding intestate succession is especially important when real estate is involved, as it can affect how quickly a home can be transferred or sold.
What Is Intestate Succession?
Intestate succession is the legal process Arizona follows when a person dies without a will. Instead of personal wishes guiding the distribution of assets, the state uses a set of rules based on family relationships.
When someone dies intestate:
- The court appoints an administrator to handle the estate
- Probate is usually required
- Assets are distributed according to Arizona law
Why Intestate Succession Matters in Marana
Dying without a will can create unexpected challenges for loved ones, particularly when a home or land in Marana is part of the estate. Common issues include:
- Court delays before property can be sold or transferred
- Family disagreements, especially in blended families
- Unexpected inheritance outcomes
- Stress during an already emotional time
Knowing what to expect can help families avoid confusion and move forward with clarity.
How Arizona Intestate Succession Laws Work
Arizona law distributes assets based on the deceased person’s closest surviving relatives.
Surviving Spouse
- If there are no children, the spouse typically inherits the entire estate.
- If all children are shared with the spouse, the spouse usually inherits everything.
- If the deceased has children from another relationship, the spouse may receive all community property and part of the 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, their share goes to their children (grandchildren)
Other Relatives
If there is no spouse or children, the estate may pass to:
- Parents
- Siblings
- Extended family members such as nieces, nephews, or cousins
If no relatives can be found, the estate may eventually go to the State of Arizona.
Assets That May Not Go Through Intestate Succession
Some assets bypass intestate laws and probate altogether, including:
- Life insurance policies with named beneficiaries
- Retirement accounts (401(k), IRA)
- Jointly owned property
- Transfer-on-death deeds
These assets pass directly to the named beneficiary.
Probate and Real Estate in Marana
Real estate is often the most valuable asset in an intestate estate. Before a home in Marana can be sold or transferred:
- Probate usually must be completed
- The court appoints an estate administrator
- Title issues must be resolved
This process can take time, especially if multiple heirs are involved.
How a Local Marana Realtor Can Help
A Realtor experienced in probate and intestate situations can:
- Provide accurate home valuations
- Help prepare the property for sale
- Coordinate with attorneys and heirs
- Guide families through the probate timeline
- Assist with selling or transferring inherited property
Work With a Trusted Marana-Area Realtor
If you’re dealing with intestate succession or probate real estate in Marana, Ryan Comstock is a trusted local Realtor who understands how to navigate these situations with care and professionalism.
Ryan Comstock – Marana Area Realtor
📞 Phone: (520) 261-4669
📧 Email: ryancomstock@ryancomstock.com
🌐 Website: www.ryancomstock.com
Ryan helps families make informed decisions and move forward confidently when real estate is involved in an intestate estate.