Is there a law that determines how an estate gets divided up?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is there a law that determines how an estate gets divided up?

Cannot locate law stating how a personal representative divides small estate between beneficiaries in informal probate; no will. Is it automatically divided equally?

Asked on December 9, 2010 under Estate Planning, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When there is no will, a decedent's (deceased person's) belongings are divided up according to what's known as "intestate succession." Intestate succession can be complex, though it is formulaic; by that, I mean there are rules who gets how much, which rules depend on the relationship of the survivors to the deceased. Everyone does not get things equally, unless they are all of equal relationship (e.g. the only survivors are the deceased's children). Below is a link to the Arizona statutes containing intestate succession rules; you should look under Article 1 of Chapter 2 and apply the rules thereunder to find out who gets how much. The biggest kicker is usually if there's a surviving spouse; a suriving spouse gets the lion's share.

Here's the link: http://www.azleg.state.az.us/arizonarevisedstatutes.asp?title=14


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption