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A.R.S. § 14-2301

Omitted Spouse: Will Signed Before Marriage

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

If someone dies with a will signed before their current marriage, the surviving spouse may receive a share of the estate. Arizona law protects spouses left out of a premarital will. Exceptions apply if the will anticipated the marriage or the spouse was provided for outside the will.

Title 14, INTESTATE SUCCESSION AND WILLS

azleg.gov

How a Premarital Will Can Leave a Spouse Unprotected

Life moves forward, and estate plans do not always keep pace. When someone writes a will, gets married later, and never updates the document, the new spouse could end up with nothing. Arizona's omitted spouse statute, also called the pretermitted spouse rule, prevents that outcome.

If a testator's surviving spouse married the testator after the testator executed a will, the surviving spouse is entitled to receive as an intestate share that is not less than the value of the share of the estate the spouse would have received if the testator had died intestate.

A.R.S. § 14-2301(A)

In plain terms, the surviving spouse can receive a share at least equal to what they would have inherited if there had been no will at all. The calculation excludes property left to children born before the marriage who are not children of the surviving spouse.

Three Exceptions That Limit This Protection

This right is not absolute. Arizona recognizes three situations where the omitted spouse does not receive an intestate share:

First, if the will was clearly written with the upcoming marriage in mind. Second, if the will itself says it should remain effective regardless of any future marriage. Third, if the deceased spouse provided for the surviving spouse through transfers outside the will. These might include life insurance, retirement accounts, or community property arrangements. The transfers must have been intended to take the place of a will provision.

When satisfying the omitted spouse's share, any gifts the will already makes to the surviving spouse are applied first. After that, other devises in the will are reduced proportionally. Devises to children from before the marriage are not reduced. This means that separate property left to children of a prior relationship stays protected.

For couples entering a second marriage, this statute is a strong reminder to update estate plans promptly. A will signed years before a new marriage may not reflect current wishes. Without an update, the law steps in with its own solution.

14-2301. Entitlement of spouse; premarital will A. If a testator's surviving spouse married the testator after the testator executed a will, the surviving spouse is entitled to receive as an intestate share that is not less than the value of the share of the estate the spouse would have received if the testator had died intestate as to any portion of the testator's estate that neither is devised to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse nor is devised to a descendant of that child or that passes under section 14-2603 or 14-2604 to that child or to a descendant of that child, unless: 1. It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse. 2. The will expresses the intention that it is to be effective notwithstanding any subsequent marriage. 3. The testator provided for the spouse by transfer outside the will and the intent that the transfer is in lieu of a testamentary provision is shown by the testator's statements or can be reasonably inferred from the amount of the transfer or other evidence. B. In satisfying the share provided by subsection A of this section, any devises made by the will to the testator's surviving spouse are applied first. Other devises abate pursuant to section 14-3902 unless the devise is to a child of the testator who was born before the testator married the surviving spouse and who is not a child of the surviving spouse or is a devise or substitute gift under section 14-2603 or 14-2604 to a descendant of that child.
View on azleg.gov

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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