Full question:
My father passed away last week due to liver cirrhosis. My mom had died 6 years ago due to multiple organ failures. The only surviving members of my family are my elder brother and myself. My father also had a daughter from a relationship before he married my mother. He had subsequently acknowledged her paternity. He hasn’t left any will and has a substantial amount of property in his name. How will it be divided among the surviving descendants in Arizona?
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: Arizona
Answer:
In Arizona, when someone dies without a will, their property is divided according to intestacy laws (A.R.S. § 14-2101 through A.R.S. § 14-2114). Since your father did not have a surviving spouse, the property will be divided as follows under A.R.S. § 14-2103:
- The entire estate will be divided among the decedent's descendants.
In your case, this means the property will be shared equally among you, your elder brother, and your father's acknowledged daughter from his previous relationship. This division is done per stirpes, meaning each descendant receives an equal share of their parent's portion.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.