If you die without a will in Arizona, the state’s intestate succession laws decide who gets your property. This often doesn’t match what people really want, and can lead to confusion and fights. Taking the time to create a will or trust can save your loved ones from a lot of stress and give you control over who gets what.
For example: If you have a spouse and children from a previous marriage, you might think everything goes to your spouse. But without a will, the state’s intestate rules may split things between your spouse and children, creating tension and confusion.
Arizona intestate laws dictate what happens to your assets if you don’t have a will.
These laws apply to assets that go through probate, not those with named beneficiaries.
Arizona intestate inheritance laws put assets to your spouse and/or other heirs first.
They get your property to anyone related to you. Period.
Arizona is a community property state, where property acquired during marriage is joint.
Separate property includes assets acquired before marriage, inheritances, and gifts.
Community property is split 50/50 between spouses, separate property is split according to the owner’s wishes.
Knowing the difference between separate and community property is key in Arizona intestate succession.
The intestate estate only includes assets that go through probate, not those that transfer non-probate or are in a trust.
Assets with named beneficiaries, like life insurance, are not affected by intestate succession laws.
The intestate estate includes personal property, real property and other probate assets.
If there is no spouse, the entire intestate estate goes to the deceased’s heirs.
If there is a spouse but no descendants, the spouse gets everything.
If there is a spouse and descendants not related to the spouse, the estate is split between the spouse and descendants.
Children get an “intestate share” of the property, with the size of each child’s share dependent on the number of children and the spouse’s relationship to them.
Example: If you have a spouse and one child from a previous marriage, the state may give part of the estate to your child instead of everything going to your spouse. This can come as a surprise and cause family disagreements.
When a parent dies without a will in Arizona, the intestate laws can impact minor children. According to Arizona’s intestate statutes, if a parent dies intestate, the entire estate will go to the minor children. This can get messy if the children are too young to manage their inheritance.
In this case, the probate court will appoint a guardian to manage the child’s estate until they turn 18. This guardian will make decisions about the child’s property, including managing assets, paying debts and using the property for the child’s benefit.
If the deceased parent had a surviving spouse, the spouse may also have a claim to part of the estate, depending on whether the property was community or separate.
In Arizona, community property is property acquired during marriage and separate property is property acquired before marriage or by gift or inheritance.
Keep in mind that Arizona’s intestate laws do not automatically appoint a guardian for minor children. The court will decide who is best for the child and sometimes that can lead to family feuds.
To avoid these headaches, parents should have a will that names a guardian for their minor children. This way the child’s interests are protected and the estate is managed according to your wishes. Parents might also consider a trust to manage their estate, a more flexible and efficient way to handle assets and minor children.
If a parent dies without a will in Arizona, the entire estate goes to the minor children.
The probate court will appoint a guardian to manage the child’s estate until they turn 18.
Arizona’s intestate laws do not automatically appoint a guardian for minor children.
Have a will and name a guardian to protect the child’s interests and manage the estate according to your wishes.
A trust is a more flexible and efficient way to manage the estate and minor children.
In intestacy, the personal representative is responsible for the probate process which includes state administration and property division.
The personal representative can assume the role if there is no will.
The personal representative must follow Arizona’s intestate laws and distribute assets accordingly.
Dying without a will can lead to family feuds.
Good estate planning can avoid these headaches by giving your family clear instructions on what you want to happen after you die.
Having a will ensures your wishes are respected and your loved ones are spared the added stress of legal mess.
Estate planning is important in Arizona so your assets go to who you want.
A will lets you name a trusted person as personal representative and how you want your property distributed and avoid probate, estate taxes and protect your loved ones.
Dying without a will in Arizona leaves your family’s future in the hands of the court. Intestate succession laws may not align with your wishes, especially if you have blended families or minor children.
By taking the time to create a will or trust, you can:
Creating a will doesn’t have to be time-consuming or expensive. At Walk-in Wills, we can help you create a legally binding will or trust in as little as an hour. Don’t wait—protect your family and your legacy today.
Call us now or book an appointment online to take the first step toward peace of mind.
