Skip to main content
Skip to explanation
A.R.S. § 33-231

Rule in Shelley's Case Abolished

Verified April 4, 202657th Legislature, 1st Regular Session

Arizona has abolished the old common law Rule in Shelley's Case. When a property owner creates a life estate for someone and directs the remainder to that person's heirs, the heirs take the property as separate owners in their own right, not as an extension of the life tenant's estate.

Title 33, ESTATES

azleg.gov

What the Old Rule Did

The Rule in Shelley's Case was one of the oldest property doctrines in English law. Under the old rule, if a grantor gave someone a life estate and then directed that the remainder go to that person's heirs or heirs of the body, the law merged the two interests. The life tenant was treated as owning the full fee simple. This effectively cut the heirs out of an independent interest.

Arizona has the Shelley case abolished entirely through this statute.

When a remainder is limited to the heirs or heirs of the body of a person to whom a life estate in the same premises is given, the persons who, on the termination of the life estate, are the heirs or heirs of the body of the life tenant shall take as purchasers by virtue of the remainder so limited to them.

A.R.S. § 33-231

What This Means for Families Today

The practical effect is straightforward. If a deed or trust gives someone a life estate with the remainder going to "their heirs" or "heirs of the body," Arizona treats the heirs as independent owners. They take the property when the life estate ends.

The heirs receive the property as purchasers, not as part of the life tenant's estate. This means the life tenant cannot sell or encumber the full property on their own. The remainder interest belongs to the heirs as a separate right.

Families who use life estate arrangements can rely on the fact that the intended beneficiaries will actually receive the property when the life tenant passes away.

When a remainder is limited to the heirs or heirs of the body of a person to whom a life estate in the same premises is given, the persons who, on the termination of the life estate, are the heirs or heirs of the body of the life tenant shall take as purchasers by virtue of the remainder so limited to them.

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.

Get Started Today

Need Help With Your Estate Plan?

Whether you are just getting started or reviewing an existing plan, RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

(480) 346-3570