Question: If a person dies and does not leave a will, can a family member take over the dead persons home.
Generally, when a person dies without leaving a will, the intestacy laws will determine who the rightful heir is, and that person would have the right to the home. These laws are found in A.R.S. §§ 14-2101 through 14-2114. The way the deceased family member held title to the home may affect who is going to receive possession of the home as well. This refers to whether or not the family member held title as a joint tenant with right of survivorship or as community property with right of survivorship. Depending on the size of the deceased person's estate and the way the deceased held title to the property in the estate, a court proceeding to determine who gets to keep the property will be needed.