What Happens if You Die Without a Will in Arizona?
Dying without a will in Arizona doesn't mean your estate is left to chance. It means Arizona law decides for you, depending on your marital status and family. Here's how that plays out. Because Arizona is a community property state, the rules here work a little differently than in most of the country.
If You are Married with Children
Your spouse already owns half of everything acquired during your marriage, since it is one of nine community property states. What happens to your half, and any separate property, depends on whether your children are also your spouse's children.
- If all of your children are also your spouse's children, your spouse inherits everything: your entire half of the community property plus all of your separate property.
- If you have children from a prior relationship, your spouse inherits half of your separate property and none of your half of the community property. Your children inherit the other half of your separate property plus your entire half of the community property.
If You are Married Without Children
Your spouse inherits everything including your half of the community property as well as all of your separate property.
If You Don't Have a Spouse, but Have Children
Your children inherit everything equally if you have no living spouse.
If You Don't Have a Spouse or Children
Your parents inherit your estate. If neither parent is living, it passes to your siblings, then to more distant relatives.
If No Living Relatives Can Be Found
Your property reverts to the state of Arizona, which happens infrequently because the state looks broadly for relatives first.
Other Things to Know about Dying Without a Will in Arizona
- Only your separate property and your half of community property pass through intestate succession. Your spouse's own half of the community property was never yours to give away.
- Stepchildren and unmarried partners generally don't inherit unless legally adopted or specifically named.
- Real property titled as community property with right of survivorship passes directly to the surviving spouse, bypassing this entire process.
When Does an Estate Go Through Probate Without a Will
For estates that do not have a will in Arizona, your estate may still avoid formal probate if it qualifies for the state's small estate affidavit: personal property of $200,000 or less after a 30-day wait, or real property with $300,000 or less in equity after six months. Larger estates go through the Superior Court.
To learn more about probate in Arizona, check out our article detailing the probate process.
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