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 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 receives at least what they would have inherited if there had been no will at all. The calculation excludes property that was specifically 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 testator provided for the spouse through transfers outside the will, such as life insurance, retirement accounts, or joint property, and intended those transfers 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, except for devises to children from before the marriage.
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, and without an update, the law steps in with its own solution.
