Why a Residuary Clause Matters
Most assets in a typical estate flow through the residue. The residuary clause is the catchall that distributes everything not handled by a specific gift. Without it, anything left over would pass under Arizona's intestate succession statutes, which may send assets to people the testator never intended to inherit.
Drafting Considerations
A clear residuary clause names primary and contingent beneficiaries, addresses what happens if a beneficiary predeceases, and specifies whether shares pass per stirpes or per capita. A pour-over will can also direct the residue into a living trust for unified administration.
Arizona Distribution Order
Distribution from the residue follows Arizona's residuary and remainder rules in A.R.S. 14-7406.