questions & answers

Question: If my 81-year-old husband predeceases me without a will, how is his estate settled? We have no children together, but he has three grown daughters. The bank accounts, house and car pass to me because we own them jointly with right of survivorship, but what about other property he owns by himself?

Answer:

When a person dies without a will it is called dying intestate and the property will pass by instestate succession.

The statues that cover intestate succession are A.R.S. § 14-2102 and A.R.S. § 14-2103. They describe how the property will be divded between the spouse and the children depeneding on your circumstances.

To learn specifics about how these laws apply to your specific situation, you may want to consult with an attorney. To find an attorney, you can search the find a lawyer page on the State Bar of Arizona website. You can also call either the Pima County Bar Association Lawyer Referral Service or the Maricopa County Bar Association Lawyer Referral Service.