No one likes to think about what happens after they’re gone, but planning ahead is one of the greatest gifts you can give to your family. In Arizona, if someone passes away without a will, the state decides how their assets are divided. This process, known as intestate succession, can leave your loved ones facing uncertainty and unexpected challenges. 

The good news? Understanding these laws empowers you to make informed choices now, avoiding future stress for those you care about most.

Let’s explore how Arizona handles inheritance when there’s no will—and why taking action today can make all the difference.

Intestacy in Arizona

Arizona follows specific rules for distributing an estate when someone dies intestate (without a will). These rules create a hierarchy of who inherits, prioritizing immediate family members.

Surviving Spouse and Descendants

• If there’s only a spouse: The surviving spouse inherits everything if there are no descendants or if all descendants are from the marriage.
• If there are children from another relationship: The spouse receives half of the deceased’s separate property and the deceased’s share of community property. The other half of the separate property is divided among the children.

No Surviving Spouse

• Children but no spouse: The descendants inherit everything, divided equally.
• No children, no spouse: The deceased’s parents inherit the estate.
• No children, spouse, or parents: Siblings inherit.
• No close relatives: The estate goes to extended family, like nieces and nephews.
• No family at all: The estate “escheats” to the State of Arizona.

Community vs. Separate Property in Arizona

Arizona is a community property state, which influences how assets are divided. Here’s how the distinction works:

Community Property

Community property includes assets acquired during a marriage, such as income or property bought together. These are often shared equally between spouses.

Separate Property

Separate property covers assets owned before the marriage or acquired as a gift or inheritance. These are treated differently under intestacy laws, often split among multiple relatives.

Assets Subject to Intestate Succession

Not all assets go through intestacy. Some bypass this process entirely, depending on how they’re owned or designated. Here are key points to keep in mind:

What’s Included

Assets without designated beneficiaries or special ownership arrangements typically go through intestacy. Examples include real estate solely in the deceased’s name or personal belongings like furniture and jewelry.

What’s Not Included

These assets avoid intestacy:

• Life insurance policies with a named beneficiary.
• Retirement accounts, like 401(k)s or IRAs, with designated beneficiaries.
• Property held in a trust, which is managed according to the trust terms.
• Payable-on-death accounts, which transfer directly to a named individual.
• Jointly owned property with right of survivorship, which goes to the surviving owner.

Ensuring assets are titled properly or have clear beneficiary designations can save your family from unnecessary legal hurdles.

Potential Problems with Intestacy

When someone dies intestate, the process can lead to unintended outcomes. Here are some common issues families face:

• Guardianship disputes: Without a will, a court decides who will care for minor children.
• Unintended beneficiaries: Assets might go to estranged relatives or those the deceased didn’t intend to benefit.
• Stepchildren left out: Arizona’s intestacy laws don’t recognize stepchildren unless legally adopted.
• Family conflict: Disputes over inheritance can strain relationships.
• Extended probate: Intestacy often results in a lengthier, more expensive probate process.

Real-Life Example

At PayneLess Law, we helped a family find their way through Arizona’s intestacy laws after their father passed unexpectedly. Without a will, the estate was divided between his spouse and children from a prior marriage, creating both confusion and tension. Thoughtfully preparing a will earlier in life could have ensured his intentions were honored and reduced this emotional strain.

Special Considerations

Some unique situations impact how Arizona’s intestacy laws are applied. Here are a few to consider:

Adopted Children

In Arizona, adopted children inherit the same as biological children under intestacy laws. This ensures they’re treated equally, regardless of their biological relationship to the deceased.

Parents Inheriting from Children

Parents can inherit from a child if the child has no spouse or descendants. However, a parent may be disqualified if they failed to provide support or openly acknowledge the child.

Why a Will is Essential

While intestacy laws offer a default solution, they may not align with your wishes. Creating a will allows you to maintain control over your assets and avoid common pitfalls.

Peace of Mind

Having a will ensures your loved ones are cared for according to your wishes. It also reduces the burden on your family during an already emotional time.

Control

A will lets you:

• Choose guardians for minor children.
• Distribute assets how you see fit, avoiding unintended outcomes.
• Reduce conflict among family members.
• Potentially save time and money by simplifying the probate process.

Take Action Today – Contact PayneLess Law!

Life can be unpredictable, but your estate plan doesn’t have to be. Don’t let the state decide what happens to your hard-earned assets or who will care for your children. At PayneLess Law, we make it simple to create a plan that protects your family and reflects your values.

Call us at 480-420-7199 or fill out our Schedule A Consultation form to schedule a consultation. Let’s work together to ensure your wishes are honored, and your loved ones are cared for—because peace of mind starts with a plan.