When someone passes away without a will, Arizona law decides how their property is divided. This process is called intestate succession. It applies to families in Oro Valley and throughout Pima County.
If real estate is involved, intestate succession can affect how quickly a home can be transferred or sold.
What Does Intestate Succession Mean?
Intestate succession happens when a person dies without a valid will.
In these cases:
- The court steps in
- An administrator is appointed
- Probate is usually required
- Assets are distributed based on family relationships
Why This Matters in Oro Valley
Many Oro Valley families own valuable real estate. Without a will, this can lead to:
- Delays in selling or transferring a home
- Confusion about who inherits what
- Disagreements between family members
- Extra stress during a difficult time
Knowing how the process works can help families prepare.
Who Inherits Under Arizona Law?
Arizona law follows a clear order.
If There Is a Surviving Spouse
- No children → the spouse usually inherits everything
- Children only with the spouse → the spouse usually inherits everything
- Children from another relationship → the spouse gets community property and part of separate property
If There Are Children
- Children inherit in equal shares
- If a child has passed away, their share goes to their children
If There Is No Spouse or Children
The estate may go to:
- Parents
- Siblings
- Other close relatives
If no relatives are found, the estate may go to the State of Arizona.
What Assets Do Not Follow Intestate Rules?
Some assets pass directly to beneficiaries, including:
- Life insurance policies
- Retirement accounts
- Jointly owned property
- Transfer-on-death deeds
These assets usually do not go through probate.
Real Estate and Probate in Oro Valley
Before an inherited home in Oro Valley can be sold or transferred:
- Probate usually must be completed
- The court must approve the estate administrator
- Title issues must be cleared
This process can take time, especially with multiple heirs.
How a Local Realtor Can Help
A Realtor experienced with probate can help by:
- Pricing the property correctly
- Preparing the home for sale
- Coordinating with heirs and attorneys
- Guiding the family through the sale process
Work With a Trusted Oro Valley Realtor
If you’re dealing with intestate succession and real estate in Oro Valley, Ryan Comstock can help guide you through the process.
Ryan Comstock – Oro Valley Area Realtor
📞 (520) 261-4669
📧 ryancomstock@ryancomstock.com
🌐 www.ryancomstock.com
Ryan works closely with families to make the process clear, respectful, and as smooth as possible.