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Arizona Estate Planning: What Happens If You Don’t Have a Will?

| Jan 28, 2025 | Arizona Estate Planning

What Happens if you Die without a Valid Will in Arizona? 

If you die without a will in Arizona, your property will be distributed according to the laws of intestate succession found at ARS 14-2102 and ARS 14-2103. What does intestate succession mean? Intestate means dying without a will. Succession means how your property will pass. When you die without a valid will, Arizona’s laws of intestacy determine who will receive your assets.  Here is how those laws work: 

Scenario 1: Married with No Children 

When you are married, do not have any children, and die without a valid Arizona will, your spouse will receive your entire estate. 

Scenario 2: Married with Children You Share with Your Spouse

When you are married and you only have children with your spouse (i.e., no children from any previous relationships), and die without a valid Arizona will, your spouse will receive your entire estate. 

Scenario 3: Married with Children from a Previous Relationship

When you are married and have children from a previous relationship, i.e., that you do not share with your spouse, and die without a valid Arizona will,  your surviving spouse will only receive ½ of your separate property and NONE of your share of the community property. Instead, your children will receive the other ½ of your separate property and your half of the community property.  

Scenario 3: Not Married 

When you are not married and die without a valid Arizona will, your estate will be distributed to the following people: 

  1. Your kids 
  2. If you do not have any kids then to your parents 
  3. If you do not have any children or surviving parents then to your siblings 

There are some other what-ifs to consider, like what if one of your children or siblings die and they leave behind children, but this is the jist of how your estate would be distributed

Avoiding Arizona Laws of Intestacy 

As you can see when you die without a valid Arizona will, Arizona’s intestacy laws follow a rigid structure that may not align with your wishes. On the other hand, you can completely avoid these default rules with a valid will.  Although only having a valid will does not avoid probate, it at least does enable you to decide specifically who you want to receive your assets. A valid, well-drafted will will ensures that:

  • Your spouse, children, or other loved ones receive the assets you intend for them.
  • You name a guardian for minor children instead of leaving it up to the courts.
  • You can include stepchildren or friends who would otherwise inherit nothing under intestacy laws.
  • You avoid unnecessary legal conflicts and complications for your family.

Take Control of Your Estate Plan

If you don’t want the state to decide how your assets are distributed, creating an estate plan is the best way to ensure your wishes are honored. At Windrose Law Center, we help Arizona families protect their legacy with personalized estate plans.

Take the first step today—schedule a consultation with us: 📞 602-457-1846
💻 www.windroselawcenter.com
📅 Book a consultation: www.calendly.com/kristinmoye/newconsult

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