Planning for the future isn’t always easy, but failing to create a will can leave your loved ones in a difficult position.
If you pass away without a valid will in Arizona, your estate will be distributed according to the state’s intestate succession laws—a legal framework determining who inherits your assets.
Understanding how Arizona intestate laws work is essential to ensuring your wishes are honored, and your family is protected.
What is Intestate Succession in Arizona?
Intestate succession is the legal process determining how your property will be distributed when you die without a will. Rather than allowing you to decide who gets what, Arizona law follows a specific hierarchy to distribute your estate to closest living relatives.
Who Inherits Under Arizona Intestate Laws?
The order of inheritance under Arizona intestate succession laws (A.R.S. § 14-2102 and § 14-2103) depends on your family situation at the time of your death.
If You Are Married (With or Without Children)
- Community Property: In Arizona, most property acquired during marriage is community property, meaning it’s owned equally by both spouses. Your spouse inherits everything if all your children are from your current marriage.
- Separate Property: If you have children from a previous relationship, your spouse may split your separate property with those children, meaning your spouse gets half and the children split the other half.
If You Have Children but No Spouse
- Your children inherit everything, divided equally.
If You Have No Spouse and No Children
- Your parents inherit everything.
- If your parents are deceased, your siblings inherit the estate equally.
- If there are no siblings, it could pass to nieces and nephews or even extended family.
What Property Passes Through Intestate Succession in Arizona?
Not all property automatically goes through intestate succession. Some assets pass directly to named beneficiaries or joint owners, regardless of whether you have a will. Examples include:
- Life insurance proceeds with a named beneficiary.
- Retirement accounts with a designated beneficiary.
- Property held in joint tenancy with right of survivorship.
- Payable-on-death bank accounts.
Why Relying on Arizona Intestate Laws Can Be Risky
While intestate laws provide a default plan, they may not reflect your wishes. Without a will:
- Unmarried partners receive nothing under Arizona intestate laws.
- Stepchildren do not automatically inherit.
- You lose control over who manages your estate (the court will appoint someone).
- Family disputes may arise when assets are divided according to rigid rules, not personal relationships.
Special Considerations for Community Property in Arizona
Arizona is a community property state, meaning assets acquired during the marriage belong equally to both spouses. However, separate property (owned before marriage or received as a gift/inheritance) follows different rules. Intestate succession only applies to your share of community and separate property.
What Happens if There Are No Heirs?
If you pass away without a will and no legal heirs can be found under Arizona intestate succession laws, your estate will escheat to the State of Arizona. This means the state becomes the legal owner of your assets since no rightful heir can claim them. While escheatment is rare, it highlights the importance of having a valid estate plan to ensure your assets go to the people or causes you care about most, rather than becoming property of the state.
How to Avoid Intestate Succession in Arizona
The best way to avoid intestate succession and ensure your assets go to the right people is to create a comprehensive estate plan. This includes:
- A legally valid will that clearly states your wishes.
- Beneficiary designations on financial accounts.
- Trusts to bypass probate and manage assets efficiently.
- Powers of attorney to manage finances and healthcare if you become incapacitated.
Protect Your Legacy with Wesbrooks Law
At Wesbrooks Law, we help Arizona families create personalized estate plans that protect assets and honor your wishes. Don’t leave your family’s future up to the default laws—take control by creating a legally valid will with the guidance of our experienced Arizona estate planning attorneys.
Final Note & Legal Disclaimer
The information provided in this article is for educational purposes only and does not constitute legal advice. Each estate and family situation is unique, and Arizona laws are subject to change. Contact Wesbrooks Law for a free consultation for personalized legal guidance.
Ready to Secure Your Family’s Future?
Contact Wesbrooks Law to schedule a consultation and build your estate plan today. Visit wesbrookslaw.com/contact-us or call (602) 262-4357.