When a Surviving Spouse Does Not Inherit Everything
Many people assume that if they pass away without a will, their spouse gets it all. In many cases, that is true. But not always. Arizona's intestacy rules draw a clear distinction based on one key question: are all of the deceased person's children also children of the surviving spouse?
If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate.
A.R.S. § 14-2102(1)If every child in the picture belongs to both spouses, the surviving spouse inherits the entire intestate estate. That includes the deceased person's separate property and their half of community property.
How Blended Families Change the Equation
When the deceased had children from a prior relationship, Arizona law splits the inheritance. The surviving spouse receives one-half of the intestate separate property, and the children from the prior relationship share the other half. The surviving spouse does not receive any portion of the deceased person's half of community property in this situation.
If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.
A.R.S. § 14-2102(2)This can create unexpected results for blended families. A surviving spouse who expected to keep the family home or retirement accounts may find that a significant portion passes to stepchildren instead. For families with children from prior relationships, having a properly funded living trust or a clear will is especially important to avoid these default rules.
