How Antilapse Works in Arizona
Under A.R.S. 14-2603, if a beneficiary dies before the testator (the person who wrote the will) and that beneficiary was a grandparent, a descendant of a grandparent. Or a stepchild of the testator, the gift does not automatically fail. Instead, it passes to the deceased beneficiary's own surviving descendants. They receive the gift by representation, meaning each branch of the family takes an equal share.
For example, if a mother's will leaves property to her son. And the son passes away before the mother, the son's children (the mother's grandchildren) would receive his share under the antilapse rule.
When Antilapse Does Not Apply
Antilapse protection does not apply to every beneficiary. Gifts to unrelated friends or organizations are not covered. The rule also yields to the testator's own stated intentions. If the will includes an alternative beneficiary or uses survivorship language like "if he survives me," the antilapse rule generally does not override those instructions.
Clear drafting in your will can prevent uncertainty about whether antilapse applies. Naming backup beneficiaries for every gift is one of the most effective ways to ensure your wishes are followed.