When someone dies without a will in Arizona, the state decides how their property is distributed. This is called dying intestate (without a will). Arizona has a specific set of laws in A.R.S. Title 14, Chapter 2 that determine who inherits your assets. The results may not match what you would have chosen, and the process can also cost more and take longer than if you had a proper plan in place.
How Arizona Law Decides Who Inherits
Arizona uses a formula based on family relationships to distribute your estate. The order of priority under A.R.S. 14-2102 and 14-2103 is:
- Surviving spouse with shared children: If all of your children are also your spouse's children, your spouse gets everything.
- Surviving spouse with children from a prior relationship: Your spouse gets your half of community property plus half of your separate property. The rest goes to your children.
- Children only (no surviving spouse): Your children share equally.
- Parents: If you have no spouse or children, your parents get your estate.
- Siblings and extended family: If none of the above survive you, the court looks to siblings, then grandparents, then aunts and uncles, and so on.
- State of Arizona: If no relatives can be found, your assets go to the state. This is called escheat. It's rare, but it does happen.
Community Property vs. Separate Property
Arizona is a community property state. This has a big effect on what happens when someone dies without a will. There are two types:
Community property includes most assets acquired during marriage, such as income earned by either spouse, homes purchased together, and joint savings. Under intestacy, your surviving spouse keeps their own half and your half is then distributed based on the rules above.
Separate property includes assets you owned before marriage, as well as gifts or inheritances you received on your own during marriage. Separate property follows a different distribution path. Your spouse may receive some or all of it, depending on whether you have children from a prior relationship.
Getting these two types mixed up is a common problem. Many couples do not realize which assets are community and which are separate. Without a will or trust, a court must sort it out. This adds time, cost, and stress.
What Intestacy Means for Blended Families
Blended families face the most risk when there is no will. If you have children from a prior relationship, Arizona law does not give your spouse full control of your estate. Instead, your children from the prior relationship get a share, even if you would have wanted your spouse to inherit everything.
This can create tension and legal fights between a surviving spouse and stepchildren. A will or trust lets you spell out exactly how you want your assets split. Without one, the state's formula takes over.
What About Assets That Do Not Go Through Probate?
Not all assets follow intestacy rules. Some pass directly to a named person (called a beneficiary), no matter what a will or intestacy law says. These include:
- Life insurance policies with a named beneficiary
- Retirement accounts like IRAs and 401(k)s with a named beneficiary
- Bank accounts with a payable-on-death (POD) label
- Real estate held in joint tenancy with right of survivorship
- Assets held in a living trust
If you have named a beneficiary on these accounts, that choice overrides intestacy law. But if no beneficiary is named, or if the named person has died, those assets may fall back into your estate. Then they are subject to the same court-driven process.
The Cost and Delay of Dying Without a Will
Dying without a will almost always means your estate goes through probate. In Arizona, probate is the court process for sorting out a person's assets after death. It can take several months to over a year. It adds legal fees, court costs, and stress for your family.
With a will, probate is simpler because the court has clear orders to follow. Without one, the court must apply the state formula, settle any disputes, and appoint someone to manage the estate. All of this takes longer and costs more.
Why Every Arizona Family Needs a Plan
The biggest risk of dying without a will is losing control. You do not get to choose who gets your assets, who raises your children, or who manages your estate. The state makes those choices for you.
A basic will costs far less than the legal fees your family will pay in a contested probate. A trust-based plan can avoid probate entirely. Either way, having a plan means your wishes are followed, not the state's default rules.
At RJP Estate Planning, attorney Clint Smith and our team help Arizona families create wills, trusts, and complete estate plans that match their wishes. To learn more about the risks of not planning, read our guide on what happens without an estate plan in Arizona.