Arizona does not allow common-law marriage. It does not treat unmarried couples the same as married couples when it comes to passing on assets. If your partner dies without a will or trust naming you, you have no right to inherit anything. Estate planning for unmarried couples is the only way to protect the person left behind.
What Happens Without a Plan
When a person dies without a will in Arizona, their property passes through intestacy rules. Under A.R.S. 14-2103, assets go to the spouse first. Then to children. Then to parents. Then to more distant relatives. An unmarried partner is not in that line at all.
Even after decades together, the surviving partner gets nothing by default. The home you share, bank accounts, personal items, all of it could pass to your partner's blood relatives. The law does not care how long you lived together. It does not care how close you were. Without a legal tie like marriage, you are not part of the picture.
How Unmarried Couples in Arizona Can Protect Each Other
The only way for unmarried partners to inherit from each other is through planning. You must put it in writing. The most common tools include:
- A will or trust naming your partner as a beneficiary (the person who gets your assets)
- Beneficiary designations on retirement accounts, life insurance, and bank accounts
- Joint ownership with right of survivorship on real estate and money accounts
- A durable power of attorney so your partner can manage your money if you become too sick to act
- A health care power of attorney so your partner can make medical choices for you
Without these papers, your partner has no legal standing. They cannot make choices for you. They cannot claim any part of your estate. In the eyes of the law, they are treated like a stranger.
Cohabitation Agreements
Some unmarried couples in Arizona also create living-together agreements. These are contracts that spell out how property, costs, and debts are handled while you are together. They also cover what happens if the bond ends.
Think of it as a clear deal between partners who want fairness and structure. It puts both people on the same page about who owns what and how things get split.
This kind of agreement does not replace a will or trust. But it adds another layer of safety for shared assets. It can also help avoid fights if the relationship ends.
Why This Matters More Than You Think
Estate planning for unmarried couples is not something to put off. Without legal papers in place, the surviving partner could lose the home. They could be shut out of medical choices. They could get nothing from the estate.
Family members of the deceased partner may not share your wishes. And the law will side with them unless your paperwork says otherwise. That is not a risk worth taking.
For more on how to build a plan that guards both partners, read what happens when there is no estate plan in Arizona. Get the papers in place now. The plan handles everything later. That is the peace of mind you are after.