How does divorce affect my estate plan in Arizona, and how do I update it?

The first 30 days after an Arizona divorce decree are the highest-risk window. You no longer want your ex inheriting from you, but old documents may still name them — and the protections in A.R.S. 14-2804 do not cover everything. Start here:

1. Revoke your old powers of attorney in writing (general durable POA and health care POA). A.R.S. 14-2804 treats these as revoked, but third parties — banks, hospitals — do not always know your divorce is final. A signed revocation removes any doubt.
2. Sign new powers of attorney naming a current agent.
3. Sign a new will or restate your trust so the document on its face matches your new wishes.
4. Pull and replace every non-probate beneficiary form — 401(k), pension, IRA, life insurance, POD/TOD bank and brokerage accounts. These do not pass through your will and the statute may not revoke them.
5. Reconcile your estate plan with the divorce decree — anything the decree assigned to your ex should be removed from your trust schedule and your beneficiary forms.

A.R.S. 14-2804 revokes any revocable provision in a governing instrument that favors a former spouse once the divorce or annulment is final. It covers:

• Gifts and bequests to the former spouse in your will or trust
• Appointments of the former spouse as trustee, personal representative, or agent under a power of attorney
• Powers of appointment held by or in favor of the former spouse
• Provisions favoring the former spouse's relatives
• Joint tenancy and community property with right of survivorship — these convert to tenancies in common

The law treats your former spouse as if they had died before you. The same automatic revocation reverses if you remarry your former spouse or a court nullifies the divorce.

This is where Arizonans get hurt. The statute is a probate-law tool, so it does not reach assets controlled by federal law or contract:

• ERISA retirement plans (401(k), 403(b), pensions). Federal law preempts state revocation. If your ex is still the named beneficiary on the plan, the plan administrator generally pays them. Use a QDRO during the divorce to handle plan division and re-designate the beneficiary on every form afterward.
• Life insurance policies. Beneficiary designations are contracts. Call the insurer, file a change-of-beneficiary form, and get written confirmation.
• IRAs (traditional and Roth). Not governed by ERISA, but the safest move is the same — file a new beneficiary form with the custodian.
• Payable-on-death and transfer-on-death accounts. Banks and brokerages handle these on a per-account basis. Update each one.
• Real estate held outside a trust. If the decree assigned the property to one spouse, record a new deed reflecting the assignment.

Beneficiary designations are the single most common failure point in post-divorce Arizona estate plans. The Arizona Court of Appeals and federal cases (notably Egelhoff v. Egelhoff) have repeatedly held that ERISA and contract terms beat state revocation statutes. Make a written list of every account that has a beneficiary form attached to it — retirement plans, IRAs, life insurance, annuities, HSAs, 529 plans, POD and TOD accounts — and update each one. Keep the confirmation letters with your estate plan.

Arizona is a community property state. Under A.R.S. 25-318, the court divides community, joint tenancy, and other shared property equitably (not necessarily equally) without regard to marital misconduct. Separate property — assets owned before the marriage, gifts, and inheritances — stays with the original owner. Property settlement agreements approved under A.R.S. 25-317 become enforceable court orders. Your estate plan after divorce should match the decree exactly: if the decree gave your ex the house, it should not appear on your trust schedule; if you got an equalization payment, it needs to be retitled into your name and your trust.

If your ex was named as your agent under a financial or health care power of attorney, those documents need to be replaced the day the decree is entered. A.R.S. 14-2804 revokes the appointment, but you do not want a hospital or bank guessing about your marital status. Sign new POAs naming an agent you trust today, and deliver a written revocation of the old POAs to anyone who has a copy on file (your bank, your doctor, your CPA).

The right answer is: as soon as the decree is entered. Practical timeline:

• Day of decree: Sign new financial and health care POAs. Revoke the old ones in writing.
• Within 30 days: Update every beneficiary form (retirement plans, IRAs, life insurance, POD/TOD accounts).
• Within 60 days: Sign a new will or restate your trust. Update guardian nominations for minor children. Reconcile trust funding with the divorce decree.
• Annually thereafter: Confirm every beneficiary form still names the right person.

Divorce changes the foundation of your original estate plan. Act fast, update everything, and protect the people you care about most. That is how you avoid the worst outcome — an ex you have not seen in ten years inheriting because nobody updated the paperwork.

Related guide: For a complete 30-day cleanup checklist after a decree, read our guide on Estate Planning After a Divorce in Arizona.