What a Child Is Entitled to When a Parent Dies Without a Will

When a parent dies without a will, the distribution of their property is handled by state intestate succession laws. These laws decide who inherits the estate and in what proportions. For families, especially those with minor children or blended family structures, understanding these rules is essential. This guide explains how intestate succession works and what a child is entitled to when a parent passes away without a will, with a focus on Arizona law.

What Intestate Succession Means

Intestate succession refers to the legal process that determines how a person’s assets are distributed when they die without a valid will. These laws apply only to property that does not pass through beneficiary designations or other non probate transfers.

Probate vs Non Probate Property

Not all assets are distributed through intestate succession. Only probate property is affected. The following table helps clarify the difference:

Asset Type	Passes Through Probate	Controlled By
Property without beneficiary	Yes	Intestate succession laws
Bank accounts with TOD/POD	No	Beneficiary designation
Life insurance	No	Named beneficiary
Retirement accounts	No	Beneficiary designation
Property held in a trust	No	Trust instructions
Joint tenancy property	No	Right of survivorship

If an asset has a beneficiary listed or is held in joint ownership, intestate rules do not apply.

Who Inherits First Under Intestate Laws

Every state has its own order of heirs, but the general hierarchy is similar across the United States. Understanding this order helps determine what children may receive.

General U.S. Rules

If a parent dies without a will, the following order typically applies:

1. Surviving spouse or legal partner.

2. Biological and legally adopted children.

3. Parents if no spouse or children exist.

4. Siblings if parents are deceased.

5. Extended relatives such as grandparents or cousins.

The presence of a spouse significantly affects what a child inherits. If there is no spouse, children usually inherit the entire estate in equal shares.

What a Child Is Entitled To: Key Factors That Affect Distribution

A child’s inheritance depends on various factors. Competitors often list these factors, but they rarely explain how they work in different real situations. This section covers the major factors that influence a child’s entitlement when a parent dies without a will.

1. Whether the Parent Was Married

Inheritance changes based on marital status at the time of death.

• Unmarried parent
  Children inherit the entire probate estate.

• Married parent with children from the same spouse
  The spouse may inherit most or all property depending on state rules.

• Married parent with children from a prior relationship
  Children may inherit separate property. The surviving spouse usually keeps their share of community property.

2. Number of Children

All children generally inherit equal shares. If a deceased child has descendants, those descendants may inherit the share that child would have received.

3. Type of Child

Different categories of children have different rights under intestate law.

• Biological children
  Always have inheritance rights unless their rights were legally terminated.

• Legally adopted children
  Have full inheritance rights equal to biological children.

• Stepchildren
  Do not inherit unless there was a legal adoption.

• Foster children
  Do not inherit under intestacy laws.

• Children born outside marriage
  May inherit if legal paternity is confirmed.

• Posthumous children
  Children conceived before the parent died but born afterward have inheritance rights in many states, including Arizona.

4. Type of Property Owned

Inheritance also depends on whether property is separate property or community property. This is especially important in community property states like Arizona.

Arizona Specific Rules Under ARS 14 2101 to 2103

CLF USA serves clients in Arizona, and Arizona intestacy rules have unique features that affect what a child may receive.

Community Property in Arizona

Arizona classifies property acquired during marriage as community property. This influences inheritance significantly.

If the Parent Was Unmarried

Children inherit the entire estate equally. A court will oversee the process if the children are minors.

If the Parent Was Married and All Children Are With the Surviving Spouse

The spouse may inherit all community property and often all or most separate property. In this situation, children may not receive an immediate share.

If the Parent Was Married and Has Children From a Previous Relationship

This is one of the most important Arizona rules. Children from outside the marriage may inherit the deceased parent’s share of separate property. The spouse keeps their portion of community property.

Rights of Adopted Children in Arizona

Adopted children have full inheritance rights under Arizona intestacy law.

Stepchildren in Arizona

Stepchildren do not inherit from a stepparent unless they were legally adopted.

When There Are No Children, Spouse, or Parents

The estate may go to siblings, grandparents, or eventually to the state if no relatives exist.

Inheritance Rights of Minor Children

Competitor articles rarely explain how minors receive inherited property. However, this area is crucial and directly affects families.

Minors Cannot Manage Inherited Assets

If a child inherits property and is under the age of 18, the court will take steps to ensure the assets are protected.

The court may appoint one of the following:

• A conservator to manage money.

• A guardian for physical care.

• A custodian under the Arizona Uniform Transfers to Minors Act.

Access to Funds May Be Restricted

Funds may be placed in restricted accounts. Annual reporting or court approval may be required before money can be used.

If Both Parents Die Without a Will

The court selects a guardian. Relatives may contest guardianship. Without a will, parents lose the ability to choose who raises their children.

What Children Are Not Automatically Entitled To

Some assets do not automatically pass to children, and competitors often overlook these distinctions.

Children do not automatically inherit the following:

• Life insurance policies where they are not named as beneficiaries.

• Jointly owned property that transfers to the surviving owner.

• Retirement accounts with beneficiary designations.

• Property placed in a trust.

• Step parent property unless adopted.

These assets do not follow intestate succession rules and pass based on ownership or beneficiary paperwork.

Examples of Real Life Situations

Concrete examples help families understand how intestate laws apply in practice.

Example 1: Unmarried Parent With Two Children

Both children inherit equal shares of the probate estate. A court will appoint someone to manage the assets if they are minors.

Example 2: Married Parent With One Child From a Previous Relationship

The spouse keeps their half of community property. The child may inherit the deceased parent's separate property.

Example 3: Single Parent With One Minor Child

The child inherits everything, but the court appoints a guardian or conservator until the child turns 18.

Example 4: Blended Family With Stepchildren

Stepchildren receive nothing unless they were legally adopted.

Example 5: Unmarried Couple Living Together

A partner does not inherit under intestate law. Children inherit the estate.

Why Relying on Intestate Law Can Lead to Unintended Outcomes

Intestate succession laws provide a default system. However, they do not reflect every family's wishes. For many parents, especially in blended families or those with minors, intestate rules can create significant problems.

Potential Issues Include

• Delays because of probate.

• Unintended distribution where spouse receives everything.

• Lack of guardianship instructions for minors.

• Stepchildren unintentionally excluded.

• Ex spouse complications if children are from previous relationships.

• Financial decisions made by court appointed individuals.

Planning ahead with a will or trust allows parents to control how their children are protected.

Protecting Children Through Proper Estate Planning

Parents can take several steps to make sure their children receive the inheritance and care they intended.

Recommended Steps

1. Create a will that names beneficiaries and guardians.

2. Use a trust if children are minors or need long term financial protection.

3. Add beneficiary designations on bank accounts and retirement accounts.

4. Update estate documents after marriage, divorce, or birth of a child.

5. Seek legal guidance for blended families or complex property situations.

Estate planning gives parents control and reduces the risk of disputes, delays, or unintended outcomes.

Frequently Asked Questions

Do children automatically inherit everything if there is no spouse?

In most states children inherit the entire estate if the parent was unmarried, although probate is required.

Can a stepchild inherit without a will?

Stepchildren usually cannot inherit unless adopted or specifically named in an estate plan.

What happens to minor children who inherit property?

 A guardian or conservator will manage the assets until the child reaches legal adulthood.

 Does life insurance go to children under intestate law?

 Life insurance passes according to the beneficiary form, not intestate rules.

Can a partner inherit if the couple was never married?

Unmarried partners do not inherit under intestate succession unless named in an estate plan.