Full question:
We are residents of Arizona. My husband passed away last week. I was his second wife and we have two children from our marriage. He also had two children from his first marriage. I want to know how his property will be divided among the surviving members given the fact that he did not have a will at the time of his death.
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: Arizona
Answer:
In Arizona, when a person dies without a will, intestacy laws determine how their property is divided (A.R.S. § 14-2101 through A.R.S. § 14-2114). According to A.R.S. § 14-2102, if the deceased has children from both the surviving spouse and a previous relationship, the division of the estate is as follows:
- The surviving spouse receives half of the deceased's separate property. They do not receive any share of the deceased's community property.
- The remaining half of the separate property, along with half of the community property that belonged to the deceased, is divided equally among all four children.
Thus, the surviving spouse will receive half of the separate property, while the four children will share the other half of the separate property and half of the community property.
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.