Do my husbands children of prior marriage get anything if he died intestate?

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: 04/07/2025
• State: Arizona

Answer:

The laws that govern intestacy laws are provided in A.R.S. § 14-2101 through A.R.S. § 14-2114. In a situation where the decedent has multiple issues who are not from the surviving spouse, the division of the estate shall be done per the provisions laid out in A.R.S. § 14-2102. It reads:
“The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse:
     1. If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate.
     2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.”
 
Therefore, per the provision in A.R.S. § 14-2102, the decedent’s property shall be divided among the surviving members in the following manner:
1. The surviving spouse shall receive half of the decedent’s separate property. She does not get her husband’s share of community property.
2. The four issues get an equal share in the remaining half of the separate property together with half of community property that belonged to the decedent.