Name: John Even
Address: 1221 East Osborn Road, Phoenix, Arizona, 85014
Telephone: 602-277-7000
Price range: Free 30 Minute Consultation
Rating: 4.9

Free 30 Minute Consultation 602-663-9263

What Happens to My Estate If I Don’t Have a Will?

Clients ask me this question all the time. Although I always recommend hiring a qualified attorney to draft a Will or a Trust for them to avoid this situation, this blog gives the framework for how to handle an estate when someone dies without a will (i.e., intestate).

Who is the Personal Representative?

Under Arizona law, the person in charge of administering the probate estate is called the personal representative. Arizona law provides for the following priority for appointment as a personal representative:

The person with priority as determined by a probated will including a person nominated by a power conferred in a will.
The surviving spouse of the decedent who is a devisee of the decedent.
Other devisees of the decedent.
The surviving spouse of the decedent.
Other heirs of the decedent.
If the decedent was a veteran or the spouse or child of a veteran, the department of veterans’ services.
Forty-five days after the death of the decedent, any creditor.
The public fiduciary.

Thus, the personal representative of the estate would be the person with the highest priority in the Arizona statute. Sometimes, this is consistent with what the family wants, and sometimes it isn’t. In general, the personal representative is a fiduciary, and, as such, has fiduciary responsibilities to the beneficiaries of the probate estate with respect to administration of the estate.

Next, if there is no Will, then there is no waiver of bond in the Will. If all of the heirs will sign a waiver of bond and file it in the probate court, then the bond can be waived by the court. If not, the personal representative will need to obtain a bond (i.e., an insurance policy to protect the estate against improper actions by the personal representative) before the court will appoint that person as a personal representative.

What is the Distribution from the Estate?

According to Arizona law, the estate is distributed to persons who are determined to be heirs of the estate. The heirs are determined according to Sections 14-2102 and 14-2103 of the Arizona Revised Statutes. According to Arizona’s intestate succession laws, if the decedent left a spouse and no issue (i.e., children, grandchildren, etc.), then the spouse takes all of the estate. If the decedent left a spouse and issue, all of whom are also the issue of the surviving spouse, then the spouse takes all of the estate. Moreover, if the decedent left a spouse and issue, one or more of whom is not the issue of the surviving spouse (i.e., children from the decedent’s prior marriage), then the spouse takes the spouse’s half of the community property and one-half of the decedent’s separate property, with the decedent’s issue from the prior marriage taking one-half of the decedent’s community property and one-half of the decedent’s separate property. These two Arizona statutes go on from there to handle all other family circumstances that may come up. Although the intestate succession statutes work well in most families, they certainly do not work well in every circumstance.

Can the Heirs Change the Distribution from the Estate?

Yes, if the heirs are all in agreement, they can sign a Family Distribution Agreement to change the distribution that occurs from the estate. However, this is a BIG IF. Most of the time, it is extremely difficult to get all of the heirs to be in agreement about such a change.

Importance of Getting Your Will Drafted to Avoid These Intestate Issues.

With all of that said, I strongly recommend that all of my clients hire a qualified attorney to help them draft a Will or a Trust so that they can spell out exactly what their wishes are and can avoid the many pitfalls that arise when relying on Arizona’s intestate statutes.

Need help? Please call me today – 602.277.7000

John Even Our firm has helped hundreds of families just like yours handle a wide variety of estate planning, business planning, probate, trust, and elder law issues. When families or business owners are not getting along, we can also handle any disputes and litigation related to their businesses, wills, trusts, guardianships, or conservatorships. Please give me a call, so that I can help you work through these difficult issues with confidence.

By John Even | Published October 1, 2020 | Posted in Estate Planning

Testimonials

"Thank you for my peace of mind, knowing that my estate and medical attention are in place for my children to handle easily. I appreciate your expertise covering areas I was unaware I should address. John and his staff were very professional and efficient in my estate amendment. I highly recommend this office." -Chris February 28, 2025
"One of the best decisions I ever made was selecting John Even to oversee settlement of my mom’s estate/trust. His wisdom and insight on reaching a positive outcome for each family member was priceless. Without his patient encouragement over three years, I would have settled for a bad compromise early on. Each meeting was concise and educational. John only proposed a meeting when necessary, saving our estate thousands of dollars. " -Bradley December 03, 2024
"It was a pleasure to work with Attorney John B. Even and his excellent legal assistant, Emily, and paralegal, Jacqueline. This competent team seamlessly worked to develop our Will and Family Trust. Mr. Even patiently explained each document to us. John is a knowledgeable and compassionate attorney with a deep understanding of the law and a great ability to clearly explain complex legal issues. " -Rita November 22, 2024
"I enjoyed working with him and his team - everybody was delightful, and they made the process very easy. John is warm and friendly, impressively knowledgeable and explained all the details in simple terms for me to understand. I now have peace of mind about how my assets will be distributed and wishes will be carried out and know that my loved ones won't be burdened by debate, hassle, or financial hardship if I ever end up incapacitated." -Mirelle April 18, 2024
"We have known John Even for many years. So, I will say that he was our first choice. I get many advertisements in the mail for trusts and estate planning and at various prices. I called a few of them. We stayed with John for several reasons. He had a flat fee with us. So there was NO chance of getting billed extra hours for this and that. Which is often the cast once you sign on the dotted line. John was very explanatory about the process of setting up a trust, He looked at all our information. our children, accounts, and many things I had never considered. This was what I needed to get clear on the whole process. " -Thomas January 28, 2024
"Attorney Even and his staff are professional, personable, responsive, and clearly expert in the estate planning world. The time spent gathering our information allowed Mr. Even to produce thoughtful, custom documentation that will serve us well. The print and electronic versions of our records that were provided will make maintaining them, and sharing them as appropriate, very easy...a real plus." -Larrh January 24, 2024
"Our Estate Planning journey with John B. Even and his team was a “5 Star” experience! John’s character, values, and knowledge was evident throughout the entire process. John and his team listened carefully to our wishes, and yet, asked great questions to help us collaborate on exactly the right Estate Plan. We would highly recommend John and his team!" -Rob & Terri September 25, 2023
"Once I made my initial call to Mr. Even‘s office I never looked back – great decision! His staff is courteous, caring and efficient. Mr. Even is professional, highly knowledgeable, good listener and adviser. I highly recommend Mr. Even. It is a privilege to have him on my team!" -Trusts & Estates May 14, 2018
"John is an excellent wordsmith, and did a great job of putting my thoughts, ideas, and issues into a clear legal document. I have known and worked with him for 25 years on business issues, including business purchases, of two companies and then selling them for retirement. He is also a delightful person to work with and has an excellent group of to-workers." -Estate Planning May 3, 2018
"He was willing to spend time explaining things." -Estate Planning February 24, 2018

Reviews and Ratings

5.0/5.0

I have known John Even professionally for 20+ years and he displays the highest level of integrity and honesty in serving his clients.

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Marketing Partner
5.0/5.0

He is an excellent attorney, very knowledgeable, and very helpful to the community.

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Managing Partner
5.0/5.0

I have always been very impressed with John as an attorney, but perhaps most importantly, as a really great person of the highest ethics. I highly recommend John for the highest Martindale Hubbell rankings.

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Partner
5.0/5.0

John is a highly competent and ethical attorney working in the area of estate planning. I have worked with Mr. Even on several cases, both on opposite sides and the same side of issues. He is very professional, thorough and fair.

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Partner
5.0/5.0

i would hire this lawyer for my mother

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Managing Partner