Arizona Life Estate Without Will
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FAQ
After the life tenant passes away, the remainderman inherits the property and avoids probate. This is a popular estate planning tool that automatically transfers ownership at the life tenant's death to their heirs. The life estate deed shows the terms of the life estate.
To open probate proceedings, a family member or friend will need to file a petition with the county court. If the family members are in agreement, the court can appoint one of them to serve as the estate's executor or personal representative.
In Arizona, the surviving spouse will always receive 50% of the decedent's estate; the remaining 50% usually passes to the surviving spouse as well, unless the decedent has any children from a separate relationship. In that case, the remaining 50% would be given to the decedent's other children.
If you are survived by descendants but no spouse, your descendants will inherit all of your estate. If you die with no surviving spouse or descendants, your parents will inherit all of your estate. If you die with no surviving spouse, descendants or parents, your siblings will inherit all of your estate.