Probate Guidelines For Transfer of Assets
If a person dies without a will or trust (intestate), probate proceedings will determine the transfer of assets to their heirs. The most common guidelines that the probate court will follow when distributing the assets are:
- The spouse receives all of the deceased’s assets if they were married and had no children.
- The spouse receives all of the deceased’s assets if they were married and only had children with one another.
- If the deceased was married and had children with former partners or spouses, the current spouse would be awarded 50% of the estate. The deceased’s children from other relationships would equally split the remaining half.
- If the deceased had children and was unmarried, the entire estate would be divided equally among the children.
- If the deceased had children and was in an unmarried relationship, all assets would be awarded to the children. According to Arizona law, the unmarried partner would have no rights or claims to the deceased’s estate.
- If the deceased had no children and was in an unmarried relationship, that unmarried partner would have no claims to the estate. All assets would pass to the deceased’s family members in the order established by Arizona law.