The Lowdown on Arizona Next of Kin Laws
The term "next of kin" refers to an individual’s closest living blood relatives. It is important to note that next of kin does not include step-relatives, in-laws or otherwise non-blood relatives. Arizona’s law regarding next of kin is codified under the intestate succession statutes. When someone with an estate plan dies, it is the estate plan that governs how and to whom the decedent’s assets are distributed. In the absence of an estate plan, which can be a trust and/or a will, the next of kin laws apply. It is from this system of the law that a decedent’s affairs can be managed and any inherited assets can be passed to the next of kin.
The importance of next of kin laws can be seen by considering what happens if an individual dies without leaving a formal estate plan behind . In such situations, the government creates a distribution chain to govern the transfer of that decedent’s assets to their next living blood relatives. This framework is generally beneficial because it protects a decedent’s loved ones from being taken advantage of by others who have no legal claim to the deceased individual’s estate.
The length of the distribution chain from the estate to those entitled to receive assets from it can vary, depending on the individual who passed away. For example, if a person is married and passes away with no estate plan, their spouse and/or children may receive all of their estate. On the other hand, if a person dies unmarried and without children, his estate may be inherited by more distant relatives.
The primary statutes that define next of kin laws in Arizona are found in Title 14, Section 2101 through Section 2105 of the Arizona Revised Statutes.
Who Counts as Arizona Next of Kin?
Arizona law identifies a number of relatives as "next of kin," a category within which enumerated classes of people are eligible to inherit when another next of kin has died without a valid probate will. In addition, actions taken by "next of kin" can fall under the supervision of the probate court, primarily when no other person takes on the responsibility of personal representative of the deceased’s estate.
This section, entitled "Who is Considered Next of Kin in Arizona?" delves deeper into Arizona’s delineation of next of kin. The class of legal relationships covered includes immediate family members, such as the decedent’s spouse, child or parent; but the list also extends to include cousins, aunts and uncles, orphaned grandchildren, half-siblings and half-blood relatives of any sort, also known as half-relations.
The order of priority for determining next of kin under Arizona law depends on the number of relatives of each type who have survived the decedent. In other words, even though the decedent might be survived by a spouse, child and both parents, the spouse and children take precedence as the primary relatives in line for distributions from his or her estate.
Only if all spouses and children are dead would the parents then be eligible for distribution. The order of preference under Arizona law is:
• Surviving spouse;
• Devisee or beneficiaries of the estate who survive the decedent;
• Children;
• Parents;
• Siblings;
• Grandchildren and great-grandchildren;
• Other lineal descendants;
• The grandparents of the decedent;
• Aunts or uncles of the decedent or their children (first cousins of the decedent); and
• Convicted felons who cared for the decedent.
Arizona’s classification system determines priority for inheritance. For instance, while the decedent could have had 16 siblings who survived them and thus are eligible to inherit under the law, none of them would receive anything from the estate unless all surviving parents, grandparents, uncles, aunts, nieces, nephews and cousins are deceased. At the same time, they can be tasked with assuming general duties of personal representative if no other person eligible for those tasks accepts that responsibility.
In other words, even if siblings, nieces, nephews and cousins of the decedent are among the relatives who inherit when there is no will or other estate plan in place, any action they take during the probate stage requires the supervision of the probate court.
Legal Rights and Duties of Next of Kin
The legal rights and responsibilities of "next of kin" in Arizona are governed by a series of statutes that dictate who is entitled to make health care decisions for an incapacitated person and who has priority in administering a decedent’s estate. The Uniform Health-Care Decisions Act, found in Title 36, Chapter 32 of the Arizona Revised Statutes, identifies the hierarchy of surrogate decision-makers. Under this statute, a health-care surrogate with priority to make decisions on behalf of an incapacitated adult may be the patient’s spouse, or in the absence of a spouse, a close relative such as a parent or sibling. If there is no person with priority to act on behalf of the incapacitated adult, then the court may appoint a temporary guardian upon petition by a person interested in the adult’s health care, such as a family member or close friend. This hierarchy for making health-care decisions does not apply to minors, or to health care decisions made by a guardian under a guardianship.
The Uniform Health-Care Decisions Act is concerned only with making medical decisions for an incapacitated adult. Next of kin play a more prominent role in the administration of a decedent’s estate. In the Arizona Revised Statutes, Article 1 of Title 14 governs the administration of estates and has jurisdiction over proceedings for either testate or intestate estate administration. When the decedent had a will, the proceeding to open the estate is initiated by filing the decedent’s will with the court pursuant to A.R.S. § 14-3101. If the decedent died without a will, a petition for appointment of personal representative must be filed with the court, pursuant to A.R.S. § 14-3201. It is through these statutory proceedings that persons are nominated, appointed and become responsible for the administration of the decedent’s estate.
In Arizona, a decedent’s will nominates a personal representative to administer the estate. The nominated personal representative is identified in the decedent’s will, if any. If the decedent died intestate, the decedent’s next of kin is entitled to priority to be appointed as personal representative. Pursuant to A.R.S. § 14-3203, the persons who are entitled to priority to be appointed personal representative of a decedent’s estate, in order of preference, are (1) the person with priority under the will, if a will was made; (2) the surviving spouse if the spouse is the sole devisee under the will and also the sole heir if there is no will or if the will does not devise all of the decedent’s property; (3) the surviving spouse of the decedent if the spouse is an heir, but not the sole heir; (4) other heirs of the estate; (5) a public fiduciary if the decedent’s estate will lose benefits if a personal representative is not appointed quickly; (6) any other person requested by two or more persons with equal priority, or who joins the petition. In order to be awarded the appointment of personal representative, the proposed personal representative must be a resident of Arizona unless they are a non-resident corporation that is authorized to conduct business in Arizona.
In some cases the appointment of an executor or administrator may be contested or challenged. Grounds for contesting or challenging the nominated executor or administrator of an estate include the following: (1) another person has been appointed personal representative of the decedent’s estate in another county; (2) a prior personal representative resigned in Arizona; (3) the nominated executor withdraws their nomination in writing; (4) the nominated executor refuses to perform the duties of a personal representative; (5) the nominated executor is not entitled to appointment; (6) the nominated executor was incompetent at the time of nomination; (7) the nominated executor was a convicted felon at the time of nomination; and (8) the nominated executor is deceased.
Managing Arizona Estates Without a Will
For those who die without a will, Arizona intestacy laws dictate the distribution of their assets. Assets of an individual who dies without a will will pass to individuals classified as "next of kin." The definition of "next of kin" in Arizona is similar to that under California law. It includes: parents, stepchildren, grandparents, siblings, half-siblings, step-siblings, children, grandchildren, and great grandchildren.
In most situations, it is the successors at law who must petition the court for formal administration of the estate of a decedent who died intestate (i.e. without a will), or informally administer the estate, depending on the value of the estate and income of the decedent at the time of death.
When intestacy occurs, statutory law acts to divide the estate of the decedent among the next of kin. Arizona Revised Statutes §§ 14-2103 and 14-2104 govern distributions to heirs other than a surviving spouse. These sections divide the estate of a decedent into six classes, and successively distributes the estate to each class in the exact order as set forth below:
Class One: issue (children, grandchildren or great grandchildren) of the decedent;
Class Two: parents of the decedent;
Class Three: brothers and sisters (children of the decedent’s parents);
Class Four: other kindred of the decedent, or kindred of the father (if the decedent has no mother);
Class Five: kindred of the decedent’s mother;
Class Six: kindred of the decedent’s father.
Arizona’s intestacy laws emphasize preference for lineal relatives. The estate will first be distributed to the issue of the decedent before the estate is distributed to any of the decedent’s ancestors. It will then be distributed to the decedent’s other kindred and lastly, to the decedent’s kindred of the mother or father.
Strife Between Next of Kin
While Arizona law clearly designates who is considered next of kin, the term is relatively vague. It could apply to a number of family members, including a spouse, an adult child, a parent, a sibling, or any descendant or relative within blood or document-based kinship. Depending on the specific situation and the particulars of the family involved, untimely death may result in a conflict between these different categories of next of kin from time to time. Specifically, legal challenges may arise if a deceased person’s next of kin cannot agree on who is responsible for taking charge of the estate. Next-of-kin legal matters can be further complicated by factors like mental incapacity or a conflict of interest, which call into question a relative’s ability to handle someone’s affairs .
If you are part of the next of kin group whose loved one has passed away, you should be prepared for some of the most common challenges related to the process:
There are options for next of kin in Arizona who have met resistance in the handling of an immediate family member’s estate. Solutions include:
The rules for decedent next-of-kin are very specific but not absolute. In addition to the above-mentioned order of priority, all next of kin must also be competent and willing to serve in the role. If you haven’t been designated in a will or other legal instrument, you should still seek counsel to determine whether you can still take charge of the estate.
How to Legally Determine Next of Kin Status
To legally establish your or a family member’s next of kin status within the context of Arizona law, you will typically be required to provide a series of documents. This process is both time-consuming and, often, emotional. But it can be simplified by adhering to the following steps.
The next step is to secure documentation evidencing the deceased relative’s death, such as a death certificate or funeral home statement.
Importantly, whether you are related to the decedent by blood, marriage or civil union, you must be over the age of 18 to act as next of kin.
In some rare cases, a deceased individual’s wishes — as outlined in an advanced health care directive — can overrule the state’s approval of a next of kin decision-maker.
Conversely, if you are not the same as the designated authority stipulated in the deceased’s legal document, you may be able to challenge their decision, provided there is evidence that they did not act in the best interests of the deceased.
It can be difficult to advance through the state’s next of kin hierarchy, as you may need to file a petition to the state court asserting your status as an appropriate decision-maker.
Unlike many other areas of U.S. law, there is no financial threshold for those wishing to establish their status as a surviving next of kin. This means that there is no need to prove monetary stability, so long as you are prepared to abide by the responsibilities that come with next of kin status.
When you attain next of kin status in Arizona, you may be able to make a wide range of medical decisions on behalf of the person you are caring for, including those related to end-of-life situations. However, in order to legally establish yourself as a decision maker, you will need to provide your caregivers with legal documentation.
This documentation can include a certificate of marriage or a domestic partnership license. Once you have the appropriate paperwork prepared, you can begin executing the duties that come with being a legal next of kin.
Implications in Medical Decision Making
When it comes to healthcare decisions, next of kin laws can have a significant impact on actions taken on behalf of the person for whom care is required. The Health Care Power of Attorney is used by healthcare professionals to verify that the person making decisions about the medical treatment of the declarant has the authority to do so. The declaration is often supported by a copy of the declarant’s Living Will, which contains the Advance Medical Directive if there is one. In Arizona, the Living Will and Medical Power of Attorney are effectively provided on the same form. However, the decedent can have either a Living Will or a Medical Power of Attorney or both.
When a person is physically unable to make a healthcare decision, the hospital social worker checks whether a directive exists naming someone as a Medical Power of Attorney or the declarant. As of this time, Arizona courts routinely accept the Health Care Power of Attorney as an acceptable verification of authority to make medical treatment decisions by persons enumerated as Health Care Agents in the document . However, Advance Medical Directives are not automatically accepted by Arizona courts.
The living will states the declarant’s advance medical directive. The directive gives instructions to the family members and the attending physician to refrain from acting on behalf of the declarant to further life artificially in the event of a terminal condition, an irreversible condition or in a persistent vegetative state. This is a directive to healthcare providers as to where the declarant wants end-of-life decisions to be made regarding medical treatment, but only where both the physician and the attending physician concur that no artificial life-sustaining measures should be taken.
If a court determines that the declarant is incapable of completing a declaration or has only a partial understanding of the Advance Medical Directive, the court may designate a healthcare provider. Arizona law directs the hospital social worker to seek an Arizona judge to appoint someone to act on behalf of the declarant unless the declarant had sufficiently indicated a preference otherwise.
