⚖️ What Happens If You Die Without a Will in Arizona?
A will is one of the most basic—but powerful—tools in estate planning. Yet many people put it off, thinking they’re too young, too busy, or don’t have “enough” assets to worry about.
But here’s the truth: If you die without a will in Arizona, state law—not you—decides what happens to your money, your property, and even your children.
Let’s walk through what actually happens when someone dies intestate (without a will) in Arizona—and why it’s critical to have a plan in place.
📜 What Does It Mean to Die "Intestate"?
If you die intestate, it means you passed away without a valid will. When that happens, the Arizona intestate succession laws kick in. These laws control:
Who inherits your property
Who gets appointed to manage your estate
How assets are distributed
What happens to minor children if no guardian is named
And none of these decisions are based on personal wishes—they’re based on the Arizona Revised Statutes.
👨👩👧 Who Gets What Under Arizona Intestacy Laws?
Here’s how property is distributed if you die without a will in Arizona:
1. If You’re Married (No Kids from Other Relationships)
Your spouse inherits everything, including:
Community property (shared property during marriage)
Separate property (only if no other heirs)
2. If You’re Married With Children from Another Relationship
Your spouse gets half of the community property, and your children from a previous relationship get the other half.
This often surprises people—especially in blended families. Your current spouse may not automatically inherit everything.
3. If You’re Single With Children
Your children inherit everything, divided equally.
If any of your children are deceased, their children (your grandchildren) inherit their share.
4. If You’re Single With No Children
Your assets go to the following relatives, in this order:
Your parents
Your siblings
Your nieces and nephews
More distant relatives (if no immediate family)
If no relatives can be found, the State of Arizona may eventually inherit your property.
5. What About Minor Children?
If you die without a will and you have minor children, a court decides who becomes their legal guardian.
Even if there’s a clear “unofficial” family preference, a judge will make the decision based on what they determine is in the child’s best interest.
Without a will, you lose the opportunity to name a guardian yourself.
🧾 What Assets Are NOT Controlled by a Will (or Intestacy)?
Some assets pass outside of your will, even if you die intestate. These include:
Retirement accounts with a beneficiary
Life insurance policies
Jointly owned property with rights of survivorship
Payable-on-death (POD) or Transfer-on-death (TOD) accounts
Make sure your beneficiary designations are up to date—they override your will.
⚠️ Risks of Dying Without a Will
Probate delays and legal costs
Unintended heirs receiving property
No guardian named for minor children
Family conflict or confusion
A judge appoints a personal representative to manage your estate
Loss of privacy (probate is public record)
✅ What a Will Can Do That State Law Can’t
Creating a valid will gives you control. You can:
Decide who inherits what
Leave gifts to stepchildren, friends, or charities
Name a guardian for your kids
Appoint someone you trust to manage your estate
Minimize the need for probate with a pour-over will and trust
🧠 Final Thoughts
If you don’t make a plan, Arizona will make one for you.
Dying without a will means:
Less control
More stress for your family
Higher legal costs
And potentially outcomes you never intended
Don’t wait for a wake-up call.
Hurley Law Group
Estate Planning for Families, Professionals & Small Business Owners
📞 308-383-1867
🌐 hurleylawgroup.com
✉️ eric@hurleylawgroup.com