Arizona’s Intestate Succession Laws
When someone passes away in Arizona without a valid will, their estate is distributed according to the state’s intestate succession laws. These laws establish a fixed order of inheritance based on family relationships. The formula does not account for the closeness of relationships, the needs of specific family members, or anything the deceased person might have wanted if they had planned ahead.
What Intestate Succession Looks Like in Practice
In Arizona, community property passes to the surviving spouse automatically. Separate property is divided between the spouse and children in proportions set by law. If there is no spouse, separate property passes to children. If there are no children, it passes to parents, then siblings, then more distant relatives. Domestic partners who were never legally married, stepchildren who were never legally adopted, and close friends receive nothing under the intestate formula regardless of the actual relationship.
The Blended Family Problem
Arizona’s intestate succession laws were not written with modern blended families in mind. If you have stepchildren you consider your own but never legally adopted, they have no inheritance rights under the intestate formula. If you and your current spouse each have children from prior relationships, the distribution of assets may look very different from what either of you would have chosen.
Minor Children and Guardianship
If you have minor children and pass away without a will, an Arizona court will appoint a guardian for them. The court tries to act in the children’s best interests, but the guardian appointed may not be the person you would have chosen. A will allows you to name your preferred guardian directly, giving the court strong guidance that is typically followed in uncontested situations.
The Simple Solution
A will is one of the most straightforward legal documents available. It does not have to be long or complicated. It simply needs to say who you want to receive your assets and, if you have minor children, who you want to care for them. Pair that with a durable power of attorney and a healthcare directive and you have a complete basic estate plan that removes the most significant risks of dying without one.
If you have been putting off estate planning, this is a good reason to stop. Kierman Law makes the process simple and affordable for Arizona families at every stage of life. If you are in Arizona, call us at 480-719-7333 or visit kiermanlaw.com to get started.
This content is for informational purposes only and does not constitute legal advice. Please consult an attorney for guidance specific to your situation.