What the rule says
Arizona's intestacy framework, Ariz. Rev. Stat. § 14-2102, reflects Arizona's status as a community property state and its adoption of the Uniform Probate Code. The formula treats community property and separate property differently and distinguishes between mutual and prior-relationship descendants:
Community property
The surviving spouse takes the entire community property — both halves. The decedent's one-half community interest passes to the surviving spouse, who already owns the other half.
Separate property
The decedent's separate property is distributed by formula:
- Spouse and no descendants survive, or all descendants are mutual children of decedent and surviving spouse: The surviving spouse takes the entire separate property. - Spouse and at least one descendant from prior relationship of decedent survives: The surviving spouse takes one-half of the separate property. The descendants take the other half by representation. - Spouse but no descendants: The surviving spouse takes the entire separate property (parents do not share when there's a spouse — different from some UPC states). - Descendants but no spouse: The descendants take the entire estate by representation.
What this means in practice
Arizona's framework is among the most spouse-favorable in the country for both community property and separate property:
- AZ resident dies without a will, leaving a surviving spouse and three mutual children. Estate: $300,000 community property + $200,000 separate property. Spouse takes all $300,000 community property + all $200,000 separate property = $500,000. The mutual children inherit through the spouse on the spouse's later death. - AZ resident dies without a will, leaving a surviving spouse and one child from prior relationship. Estate: $200,000 community property + $200,000 separate property. Spouse takes all $200,000 community property + one-half of $200,000 separate property = $300,000. Child takes $100,000 of separate property. - AZ resident dies without a will, no descendants, surviving spouse and parent. Spouse takes the entire estate (community and separate); parent takes nothing under intestacy.
The Arizona framework reflects a strong policy preference for the surviving spouse, particularly for mutual-descendants families and families without descendants from prior relationships.
What you can do about it
A valid Arizona will gives complete control:
- AZ will requirements (Ariz. Rev. Stat. § 14-2502). A will must be in writing, signed by the testator, and signed by two witnesses. - AZ recognizes holographic wills under § 14-2503 — a will signed by the testator with material provisions in the testator's handwriting is valid even without witnesses. - AZ recognizes harmless-error doctrine under § 14-2503. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Community property with right of survivorship. Covered separately as AZ's distinctive rule. CPRS allows community property to pass automatically to the surviving spouse without probate.
Who this affects most
AZ intestacy is most consequential for:
- Married AZ residents whose intestate distribution would not match their preferences - Mutual-descendants families who benefit from the all-to-spouse rule - Blended families with prior-relationship descendants where the one-half rule applies - Out-of-state relocators with substantial separate property accumulated before AZ residency
Arizona's framework produces among the most spouse-favorable intestacy outcomes in the country. A will is the only mechanism to direct different distribution.