What Happens If You Die Without a Will in Arizona?

Many people don’t realize what happens when a person dies without a will in Arizona. In the absence of a will, the state decides who inherits your property, which may lead to unintended consequences. Your assets could go to a relative you would have preferred to disinherit simply because that’s what the law dictates. Dying intestate can also spark disputes among family members and lead to a prolonged probate battle.

To minimize the risk of legal disputes, it’s important to understand Arizona’s intestacy laws.

What Is Intestate Succession in Arizona?

Intestate succession in Arizona is the legal process the probate court uses to distribute property after someone passes away without a will. The court cannot consider the decedent’s wishes because they didn’t legally document them. Instead, the court divides assets according to an order of priority dictated by Arizona law. In a nutshell, if you don’t make a will, the state makes one for you.

Arizona Intestacy Laws

Arizona intestacy laws outline who can inherit property when someone dies without a will and explain how the estate is distributed among surviving family members.

Under Arizona intestacy laws, only biological and legally recognized relationships — such as spouses, children, and other relatives — are considered when distributing an estate. This means that friends, caregivers, or charitable organizations will not receive anything unless they are specifically named in a valid will.

In addition, not all assets are subject to Arizona’s intestate succession laws. Understanding how these statutes operate can help you make informed decisions that will guide the distribution of your assets after your death.

Which Assets Are Affected by Arizona Intestacy Laws?

Arizona’s intestacy laws only consider the assets titled in your name with no designated beneficiaries. That means intestate succession laws do not apply to all your property. Assets that are affected include:

• Real estate titled in your name alone
• Bank accounts in your name alone
• Vehicles without a transfer-on-death provision

Assets that usually avoid probate include:

• Jointly owned property
• Life insurance policies with a named beneficiary
• Retirement accounts with a valid beneficiary named on the account
• Property transferred into the ownership of a trust

By writing a will, you can direct decisions about your property that the state would otherwise make.

Who Inherits When There Isn’t a Will?

Arizona law establishes the following order of priority for asset distribution in an intestate estate:

• Surviving spouse
• Surviving children

If you are unmarried and have no children, other relatives such as grandparents, siblings, and other descendants can inherit under Arizona’s intestate succession laws. However, these laws can get complex. If you have a blended family, minor children, or specific wishes regarding particular assets, planning ahead is crucial.

Here’s one example of why: Adopted children have the same place in the order of priority as biological children. However, stepchildren cannot inherit unless they were legally adopted by the decedent or named as a beneficiary in their estate plan. Without a will, children you cared for but came from your spouse’s prior relationship will not inherit from your estate. A skilled estate planning attorney can guide you in drafting a will that clearly expresses your intentions for your loved ones.

Talk to Our Arizona Estate Planning Attorney

Thoughtful planning is crucial for protecting your assets and final wishes. At Pennington Law, PLLC, we strive to assist Arizona families in achieving just that. We offer:

• Customized estate plans that aim to bypass probate
• Guidance with probate law if your family member has passed away without a will
• Compassionate care throughout the entire process

Take control of your estate and your legacy today. Contact us today for a free consultation with one of our experienced estate planning lawyers.