When a Document Says "To My Heirs"
Estate planning documents frequently use phrases like "to my heirs," "to my next of kin," or "to my family" without naming specific individuals. This statute tells courts exactly how to interpret that language. Instead of guessing who the creator meant, Arizona applies the intestate succession law of the designated person's home state.
If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual's heirs, heirs at law, next of kin, relatives, or family, or by similar language, the property passes to those persons, including the state, who would inherit the designated individual's intestate estate under the intestate succession law of the designated individual's domicile if the designated individual died when the disposition is to take effect in possession or enjoyment.
A.R.S. § 14-2711(A)The timing matters. The law identifies heirs based on who would qualify at the moment the distribution is supposed to happen, not when the document was signed. Family circumstances can change over decades. This rule keeps the distribution current.
The Remarried Spouse Exception
There is one notable exception built into this statute. If the designated person's surviving spouse has remarried by the time the distribution takes effect, that spouse is not treated as an heir.
If the designated individual's surviving spouse is living but is remarried at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual.
A.R.S. § 14-2711(B)This provision reflects a practical reality. When a surviving spouse remarries, they typically build a new financial life with a new partner. The statute ensures that distributions intended for the original family line go to descendants and other relatives rather than to a spouse who has moved on. For families with complex trust structures, understanding this rule helps prevent surprises down the road.
