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A.R.S. § 14-2102: Spousal Intestate Share

Intestate share of surviving spouse

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Who inherits a spouse's estate in Arizona with no will?

In Arizona, a surviving spouse inherits the entire intestate estate under A.R.S. § 14-2102 if the deceased left no children or only children shared with that spouse, but if the deceased had children from another relationship, the spouse receives half of the separate property and none of the deceased's half of the community property.

Full statute text

Official text last checked against azleg.gov:

14-2102. Intestate share of surviving spouse

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.

Drafted by AI from the official text and checked sentence by sentence against azleg.gov. ClearStatute is run by David Bartlett, who is not an attorney. Legal information, not legal advice — consult a licensed attorney for your situation.

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