Does an Arizona Estate Without a Will Go Through Probate?
When an Arizona resident passes away without leaving a will, the legal term intestate describes both the person and the estate. This discussion answers general questions about intestate estates and the applicable state laws, including whether an intestate estate must go through probate. If your loved one dies intestate (without a will), an Arizona probate lawyer can help you determine the appropriate steps to take with regard to the estate. At Peterson Law Offices, your first consultation is always free of charge, so you can talk with us about your loved one’s estate without any cost or obligation.
How Is Property in an Intestate Estate Distributed?
If a person dies without leaving a will, the Arizona laws of intestate succession determine distribution of property in the intestate estate. State statutes also establish the process for settling the estate. In addition, specific laws set a priority order of who can make funeral and burial arrangements and determine who can apply to the probate court for appointment as the personal representative of the estate.
Under the Arizona laws of intestate succession, a surviving spouse and children have priority to inherit the property of an intestate estate, in a specified order. In the absence of a surviving spouse or children, the decedent’s parents, siblings, and extended family (in that order) may be entitled to share in the estate. Unrelated individuals do not receive anything from an intestate estate under the intestate succession laws.
The laws that apply to distribution of an intestate estate are extremely complex. If you lose a loved one and there is no will, it is best to avoid jumping to conclusions about the estate. Instead, talking with a knowledgeable probate lawyer can clear away confusion about the laws that apply to administration and distribution of the estate. Contacting an attorney early in the process helps you make certain that you take all the right steps to protect and administer the estate.
Does an Intestate Estate Go Through Probate?
An important question for an intestate estate is whether Arizona law requires the estate to go through the probate process. The answer to the question depends on the nature and value of the property in the estate.
As with an estate where there is a will, certain types of property do not go through the probate process for an intestate estate. Non-probate assets (property which does not have to go through probate) include:
- Property or assets owned in joint tenancy and community property with a right of survivorship
- Accounts with named beneficiaries (other than the estate), such as life insurance policies, Individual Retirement Accounts (IRAs) and other retirement accounts, and annuities
- Pay-On-Death (POD) and Transfer-On-Death (TOD) assets like bank accounts, securities, and real estate for which there is a beneficiary deed
- Assets transferred into a living trust by the decedent during their lifetime
Probate property, which is required to go through the statutory probate process, includes virtually any other solely-owned property, such as the decedent’s share of community property and their separate property under community property laws. In an intestate estate, property inherited under the laws of intestate succession generally must go through probate before it is distributed.
Among the important concerns that a probate and estate administration lawyer can address is determining what process is required to settle and distribute an intestate estate, including the question of whether the estate must go through the probate process.
Who Administers and Distributes an Intestate Estate?
If the nature and value of property in an intestate estate require probate, someone must apply to the probate court for authority to be the personal representative of the estate, based on a priority order established in state law. The personal representative of an intestate estate has the same fiduciary duties as a person appointed as the personal representative of an estate with a will.
Due to the complexity of Arizona laws that apply to an intestate estate and to probate, the personal representative of an intestate estate — or a person considering applying for appointment — often relies on a probate lawyer to guide them through the application and probate process. Attempting to navigate administration and settlement of an estate without proper legal assistance can create significant legal issues and even legal liability.
Schedule a Free Consultation With an East Valley Probate Lawyer
Arizona probate attorney Shane Peterson assists clients with all aspects of estate administration and probate, regardless of the size and nature of an estate. If you have questions and concerns about a deceased loved one’s estate, we are here to help. We take pride in offering top-quality, affordable legal services and exceptional client service.
Peterson Law Offices welcomes inquiries from clients throughout the East Valley, including Queen Creek, San Tan Valley, Gilbert, Mesa, and Chandler. Schedule your free initial consultation by calling 480-878-5998 or using our online contact form.