[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.phoenixlawteam.com\/blog\/can-you-contest-an-estate-if-theres-no-will\/#BlogPosting","mainEntityOfPage":"https:\/\/www.phoenixlawteam.com\/blog\/can-you-contest-an-estate-if-theres-no-will\/","headline":"Can You Contest an Estate If There\u2019s No Will?","name":"Can You Contest an Estate If There\u2019s No Will?","description":"Losing a loved one can be an emotional and challenging experience. In addition to the grief and heartache that accompanies a loved one\u2019s death, though, disputes may arise between family members regarding what the deceased would have wanted when it comes to a funeral and burial and distribution of assets....","datePublished":"2019-08-07","dateModified":"2022-09-13","author":{"@type":"Person","@id":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam\/#Person","name":"Mushkatel, Gobbato, & Kile, P.L.L.C.","url":"https:\/\/www.phoenixlawteam.com\/blog\/author\/phoenixlawteam\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/1e4dc39d74dcc876245d4603866817c2b3e4a9be1d45c3ef67992bd821d77cbb?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/1e4dc39d74dcc876245d4603866817c2b3e4a9be1d45c3ef67992bd821d77cbb?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Mushkatel, Gobbato, & Kile","logo":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2021\/02\/Mushkatel-robbins-becker-pllc-logo.png","width":459,"height":157}},"image":{"@type":"ImageObject","@id":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2019\/08\/lastwill.jpg","url":"https:\/\/www.phoenixlawteam.com\/wp-content\/uploads\/2019\/08\/lastwill.jpg","height":666,"width":1000},"url":"https:\/\/www.phoenixlawteam.com\/blog\/can-you-contest-an-estate-if-theres-no-will\/","about":["Estate Planning"],"wordCount":1246,"articleBody":"Losing a loved one can be an emotional and challenging experience. In addition to the grief and heartache that accompanies a loved one\u2019s death, though, disputes may arise between family members regarding what the deceased would have wanted when it comes to a funeral and burial and distribution of assets. Often, a simple reading of the decedent\u2019s will can resolve these issues.What happens when no Will exists? If this is the case, family members may speculate about what the deceased would have wanted, and that confusion may lead to more disputes and hurt feelings. However, as it pertains to the distribution of property in Arizona, the law is clear: If there is no Will, then the state\u2019s intestacy laws will apply.At the law offices of Mushkatel, Gobbato, & Kile, P.L.L.C., our\u00a0estate lawyers\u00a0can help you to understand intestacy laws, what happens if a loved one dies without a Will, and the probate process. Contact us today if you have lost a loved one and want to learn more about this process.Table of ContentsWho Is in Charge of the Estate?What Is Intestate Succession?What is \u201cBy Representation?\u201dHow To Provide Care to a Minor After Parents\u2019 Deaths?How Our Phoenix Estate Lawyers Can HelpWho Is in Charge of the Estate?If the decedent had a Will, then the person who was named as the personal representative of the estate will be responsible for managing the affairs of the estate at the time of the decedent\u2019s death. If no Will exists, then the court will appoint a personal representative based in part on the priority for appointment established by A.R.S. \u00a7 14-3203. A person who wishes to be the personal representative of a deceased person\u2019s estate will initiate the process by filing a petition or application which requests to serve in this role. A spouse or another surviving family member typically takes on this role.What Is Intestate Succession?In the event a person passes away without a will, the personal representative must divide the estate in accordance with the rules of intestate succession as set forth in A.R.S. \u00a7 14-2101 et seq. Intestacy laws in Arizona require the following:If the Decedent was married at the time of his death and did not have surviving issue or descendants from a prior relationship, the entire estate will pass to the surviving spouse.If the Decedent was married at the time of his death and he had surviving issue or descendants from a prior relationship, one-half of the Decedent\u2019s separate property will pass to the surviving spouse and one-half of the Decedent\u2019s separate property and all of the Decedent\u2019s interest in community property will pass to the surviving issue or descendants from the prior relationship(s).If the Decedent was not married at the time of his death, the entire estate will pass to the surviving issue by representation.If the Decedent was not married at the time of his death and he did not have surviving issues, the entire estate will pass to the Decedent\u2019s surviving parents.If the Decedent was not married at the time of his death, he did not have surviving issues and he was not survived by his parents, the entire estate will pass to the Decedent\u2019s surviving siblings and the surviving descendants of deceased siblings.If the Decedent did not have a surviving spouse, surviving issue, surviving parents, surviving siblings or surviving nieces and nephews, the entire estate will pass to the surviving common descendants of the Decedent\u2019s grandparents by representation.If the Decedent has no surviving family members that descend from common grandparents (spouse, children, grandchildren, parents, siblings, nieces\/nephews, aunt\/uncles, cousins, etc.), then the estate will \u201cescheat\u201d to the State of Arizona. However, this situation is rare. Most people have at least one living relative, and the law is designed to ensure that the property is distributed to family.What is \u201cBy Representation?\u201dA.R.S. \u00a7 14-2106 sets forth how an intestate estate is divided among the surviving descendants.\u00a0 The estate is divided into as many equal shares as there are surviving descendants, and any deceased descendants that left surviving descendants of their own in the generation closest to the starting point.\u00a0 Each surviving descendant in the closest generation receives a share. The remaining share(s) are divided in a similar manner among the deceased descendant\u2019s surviving issue.Example:\u00a0 Decedent and his late wife had six children.\u00a0 Three (3) of the children, A, B, and C, each had two (2) children of their own, the Decedent\u2019s grandchildren, and three (3) of the children, D, E, and F, did not have children.\u00a0 Prior to Decedent\u2019s death, A, B, F, and A\u2019s eldest child died.After Decedent\u2019s death without a will, his estate will be first be divided into five (5) shares \u2013 one (1) share for the three (3) surviving children, C, D, and E, and two (2) shares for the deceased children that left surviving grandchildren, A and B.\u00a0 The three (3) surviving children, C, D, and E, will each receive a full share. The remaining two (2) shares will be divided into three (3) shares for the three (3) surviving grandchildren.As a result of the intestate succession, Decedent\u2019s Estate is distributed as follows:C receives 1\/5 or 20%;D receives 1\/5 or 20%;E receives 1\/5 or 20%;A\u2019s surviving child receives 2\/15 or 13.3333%;B\u2019s oldest child receives 2\/15 or 13.3333%; andB\u2019s youngest child receives 2\/15 or 13.3333%.How To Provide Care to a Minor After Parents\u2019 Deaths?Few things are more tragic than losing your parents before reaching adulthood. When this occurs, the parents\u2019 wills will guide the Court as to who should be appointed as guardian and\/or conservator.If the will is silent to the issue of guardian, then the interested parties can petition the court for guardianship of the child. The Court will ultimately appoint a person who will serve the child\u2019s best interests.In addition to the issue of guardianship, there is also the management of the minor\u2019s inheritance to consider. Until a child is eighteen (18) years of age, the child control or manage his or her inheritance. The property may be held in a trust, in a custodial account, or managed by the child\u2019s conservator until the child reaches age eighteen (18).How Our Phoenix Estate Lawyers Can HelpAt Mushkatel, Gobbato, & Kile, P.L.L.C., we know how heartbreaking it is to lose a loved one. We also know that the probate process can be difficult to navigate as administering a decedent\u2019s estate can be a complicated job. We also understand that these issues can be contentious for family members who feel as though they have been left out of a will or who believe they are entitled to a share of the decedent\u2019s estate.When you work with our lawyers, we will calmly guide you through the process and help you to make sense of Arizona\u2019s laws regarding probate and intestacy. Will or no will, we are here to represent you and handle all of the logistics of dividing and distributing an estate.To learn more about probate and intestate succession laws in Arizona, please call our experienced and compassionate estate lawyers today or reach us online to request more information. We are here to serve you in\u00a0Glendale,\u00a0Peoria, Sun City, Surprise, and the greater Phoenix area.Visit Our Sun City Estate Planning Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.phoenixlawteam.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Can You Contest an Estate If There\u2019s No Will?","item":"https:\/\/www.phoenixlawteam.com\/blog\/can-you-contest-an-estate-if-theres-no-will\/#breadcrumbitem"}]}]