Legal Question in Wills and Trusts in Arizona
Personal Property division when there is no will
A close friend of mine recently past away. He did not have a formal or informal will that was left behind. He did in fact have some personal property such as a motorcycle, a couply of vehicles, a house, etc. Does the property, since there was no will, go to his family? Even though there was no written will, is a verbal agreement just as good? Does his property go up for auction? Can his friends be given any of his property or try to claim ownership, such as the vehicles or the motorcycle? How is the distribution of one's personal property when there is no will handled in the state of Arizona?
Thank you
2 Answers from Attorneys
Re: Personal Property division when there is no will
When a person dies intestate (without a Will, which must be written), then state law determines who are the heirs of the decedent. All of the decedent's property, both real and personal, will be distributed to the heirs according to law. A statement by a person that he is going to leave someone a piece of property in his Will, is looked upon as an "intent" to make a gift, and if the person really wanted to make a gift, he would have done so, therefore, it is not enforceable.
You can always go to the heirs and offer to buy the property you want.
Re: Personal Property division when there is no will
Thank you for your inquiry. In Arizona, when a person dies without a will, the property generally passes according to the laws of intestate succession:
1. Spouse; 2. if no spouse, then kids; 3. if no kids, then parents; 4. if no parents, then siblings; 5. if no siblings, then children of siblings, etc.
The persons who receive the property are entitled to keep it or sell it or give it away.
I hope this information is helpful.
Monica Donaldson
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