When a Will Does Not Cover Everything
A will might be valid, properly witnessed, and clearly written. But that does not mean it accounts for every asset the deceased person owned. Bank accounts opened after the will was signed, real estate acquired late in life, or assets simply overlooked during estate planning can all fall outside the will's reach.
If it becomes evident in the course of a formal testacy proceeding that, though one or more instruments are entitled to be probated, the decedent's estate is or may be partially intestate, the court shall enter an order to that effect.
A.R.S. § 14-3411When this happens during testacy proceedings, the court does not ignore the gap. It enters an order declaring that part of the estate is intestate. That triggers intestate succession rules for the uncovered assets, while the rest of the estate follows the will. The personal representative must then administer both portions under the applicable rules.
Why This Matters for Estate Planning
Partial intestacy is more common than most people expect. It can create a situation where your will distributes most of your property as intended. But a forgotten account or newly acquired real estate goes to someone determined by state law rather than your wishes.
Under the Arizona Revised Statutes, the court has no discretion here. Once the gap is identified during the probate process, intestate succession applies automatically. This outcome differs from informal probate, where the issue may not surface until later in estate administration.
A properly funded living trust helps avoid this outcome. Because a trust holds assets directly, there is no gap for the court to fill. Pour-over wills provide an additional safety net by directing any remaining personal property or real estate into the trust at death. Without these tools, the risk of partial intestacy remains real.