QUESTION

Do you have to be blood related to inherit from estate without a will?

Asked on May 27th, 2014 on Estate Planning - Arizona
More details to this question:
Can DNA testing be done to determine if a person is a child of the deceased? If they are not related by DNA, can they inherit anything? Thank you for your time and looking forward to hearing back from you on this.
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1 ANSWER

Divorce Attorney serving Phoenix, AZ at Heller Law Office, PLC
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I pasted below the most applicable statute to your question that shows the general relationships required. Of course there may be a need to establish oneself as a surviving heir. If someone is not a surviving heir, and there is no will, then they would need to ascertain if there were named as a beneficiary, i.e. on life insurance or a bank account. For specifics of your question you should consult with an probate litigation attorney. 14-2103. Heirs other than surviving spouse; share in estate Any part of the intestate estate not passing to the decedent's surviving spouse under section 14-2102 or the entire intestate estate if there is no surviving spouse passes in the following order to the following persons who survive the decedent: 1. To the decedent's descendants by representation. 2. If there is no surviving descendant, to the decedent's parents equally if both survive or to the surviving parent. 3. If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation. 4. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive or to the surviving paternal grandparent or the descendants of the decedent's paternal grandparents or either of them if both are deceased with the descendants taking by representation. The other half passes to the decedent's maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.
Answered on May 30th, 2014 at 2:06 PM

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