What Happens If You Die Without a Will in Arizona?
What Happens to Your Legacy If You Die Without a Will in Arizona?
If you pass away without a valid will in Arizona, you die "intestate." This means the state legislature—not you—decides how your home, bank accounts, and personal belongings are distributed. While Arizona’s default laws (ARS Title 14) provide a safety net, they often lead to unintended consequences, including:
Complex Distributions: Assets may be split between a surviving spouse and children from a previous relationship in ways you didn't intend.
Mandatory Probate: Your family will likely face months of stressful, expensive, and public court proceedings in the Arizona Superior Court.
Guardianship Uncertainty: Without a will, a judge decides who raises your minor children, and an ex-spouse could end up managing your assets.
Family Conflict: Default distributions are "one-size-fits-all" and frequently spark disputes that can permanently damage family relationships.
How to Take Control: You can bypass these default laws by utilizing a Revocable Living Trust, setting POD/TOD designations, and establishing Powers of Attorney. Planning ahead ensures your legacy is defined by your wishes, not by a court’s default checklist.
Do I Need a Will or a Trust in Arizona?
Estate planning can feel overwhelming — especially when you’re faced with legal terms like “will” and “trust.” Which one do you really need? And what’s the difference?
If you live in Arizona and are thinking about creating or updating your estate plan, this article breaks down the pros and cons of wills vs. trusts in plain English. You’ll walk away knowing what each one does, how they work in Arizona, and which may be right for your family’s goals.