This article is updated monthly and curated from various sources. If you know of any missing information, please share a link or submit a request. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by using the site. The attorney listings on this site are voluntary attorney listings.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy, and Cookie Policy.
In the News
None reported.
The Legal Summary: Heirs' Property in Arizona
Sources: HeirShares, SmartAsset, Heins Law
Inheritance Laws
When a person dies owning real estate, their heirs inherit their real estate and other assets. Heirs are determined by a will and/or the state law. Transfers through inheritance, whether through a will or state law, typically creates heirs’ property- multiple family member co-owners.
There are no inheritance taxes or estate taxes in Arizona.
What happens if you die with a will?
The will must be filed with the local authority to create a record of who inherited your assets. In Arizona, wills must be filed within two years in order to be effective (Arizona Legislature).
What happens if you die without a will?
If you die without a will or your will does not fully dispose of your assets, the state laws determine who inherits your real estate and other assets.
Eligible heirs for inheritance when someone dies without a will are the spouse, children, parents, siblings, grandparents, aunts/uncles, then cousins. If none of those relatives survive, the estate goes to the state.
For real estate, the state's inheritance laws, where any deceased person’s real estate is located, govern who inherits unless the person has a will and the will is filed.
Decision-Making / Authority
Heirs’ property owners own real estate as “tenants in common.” This is a specific bundle of legal rights.
Any decisions about the property require unanimous decisions from all owners.
Decisions made without a 100% agreement of the owners can be voided. This includes contracts such as leases to others, loan applications, sales of timber, etc.
Succession Planning for Family Real Estate
Physical Division and Sales
How Can You Get Help?
Information
Item | Link | Sources | |
Heirs' Property 101 Courses | HeirShares | ||
HeirShares Podcast | Anywhere | HeirShares | |
Title 14 - Trust, Estates and Protective Proceedings | Arizona State Legislature |
Legal Assistance
N/A
Funding
N/A