Ariz. Rev. Stat. » Title 14
Arizona Revised Statutes

Ariz. Rev. Stat. § 14-2102 (2026)

Intestate share of surviving spouse

✓ current as of May 2026
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The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse:

1. If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate.

2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.

Notes of Decisions
Cited in 6 cases, 1977–2014 · leading case: Dueñas v. Life Care Centers of Am., Inc., 336 P.3d 763 (Ariz. Ct. App. 2014).
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Dueñas v. Life Care Centers of Am., Inc., 336 P.3d 763 (Ariz. Ct. App. 2014). · cites it 2× “who are entitled under the statutes of intestate succession to the property of a decedent”); A.R.S. § 14-2102 (including “surviving issue” in intestate succession scheme); A.”
Matter of Est. of Wood, 710 P.2d 476 (Ariz. Ct. App. 1985). · cites it 2× “A.R.S. §§ 14-2102, 14-2103. In a letter dated January 23, 1984, Fenton McDonough, Esq.”
Beauchamp v. Eichenberger, 564 P.2d 908 (Ariz. Ct. App. 1977). · cites it 2× “” (Emphasis added) An omitted spouse is entitled to one-half of the separate estate by virtue of the provisions of A.R.S. § 14-2102(2). A.R.S. § 14-2301 is similar to § 2-301 of the Uniform Probate Code which states in its comment that this section reflects the view that the…”
Hunt v. Wood, 710 P.2d 476 (Ariz. Ct. App. 1985). · cites it 2× “A.R.S. §§ 14-2102, 14-2103. In a letter dated January 23, 1984, Fen-ton McDonough, Esq.”
Metro. Life Ins. v. Parker, 436 F.3d 1109 (9th Cir. 2006). “See Ariz. Rev. Stat. § 14-2102 (1). A wrinkle appeared when Parker’s son from a different relationship was born on December 6, 2000, more than five months after Parker’s death.”
In re the Est. of Fishman, 30 P.3d 140 (Ariz. Ct. App. 2001). · cites it 2× “Thus, Carol retained 5,000 shares as her one-half of the community, and the other 5,000 shares, James’s one-half of the community, passed to his estate pursuant to A.R.S. § 14-2102. ¶ 5 In April 1996, after Carol had received the $250,000 in insurance proceeds from the insurance…”
— Ariz. Rev. Stat. § 14-2102(2) — 1 case
Beauchamp v. Eichenberger, 564 P.2d 908 (Ariz. Ct. App. 1977). “” (Emphasis added) An omitted spouse is entitled to one-half of the separate estate by virtue of the provisions of A.R.S. § 14-2102(2). A.R.S. § 14-2301 is similar to § 2-301 of the Uniform Probate Code which states in its comment that this section reflects the view that the…”
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