Intestate Succession

The process through which a Court determines the heirs of someone who died without a will. When a married person dies without a will, their spouse (the surviving spouse) keeps their half of the community property and inherits at least half of deceased’s separate property. If the deceased is married with either no kids or all the deceased children are the children of the spouse, the spouse inherits everything. See A.R.S. § 14-2102(1). But if the married spouse has children that are not the surviving spouse’s children, those children and the spouse divide the deceased’s separate property, and the children get the deceased’s half of the community property. A.R.S. § 14-2102(2). See Intestacy.