Estate Planning After Divorce in Arizona: What Needs to Change?

Divorce changes everything — including your estate plan.

If you’ve recently divorced in Arizona (or are in the process), your estate planning documents may no longer reflect your wishes. Your former spouse may still be listed as a beneficiary, a trustee, or even someone who can make financial or medical decisions on your behalf.

Here’s what you need to review — and update — to protect yourself and your loved ones after a divorce.

1. Update Your Will

After divorce:

• Your ex-spouse is automatically disinherited under Arizona law (A.R.S. § 14-2804), but only if your will was written before the divorce.
• If your will names your ex-spouse as a personal representative or guardian for your kids, you’ll need to change that.

Why it matters:
If you don’t create a new will, your estate may be handled by someone you didn’t choose, or your kids could inherit under unclear terms.

2. Revoke or Amend Your Trust

If you had a Revocable Living Trust during your marriage:

• You may need to amend it or revoke it and start fresh.
• If your ex is named as a trustee or beneficiary, those roles may still be in effect unless changed.

Tip:
Consider creating a new trust that protects your children’s inheritance from your ex or from creditors.

3. Change Your Beneficiary Designations

Certain assets pass outside of probate, meaning your will or trust won’t control them. These include:

• Life insurance policies
• Retirement accounts (401(k), IRA, etc.)
• Payable-on-death (POD) bank accounts
• Transfer-on-death (TOD) investment accounts

If your ex-spouse is still named, they might still receive the funds, even after a divorce — especially if the financial institution hasn’t been notified.

Action Step:
Contact each institution and file a new beneficiary form.

4. Update Powers of Attorney

Your Durable Financial Power of Attorney and Health Care Power of Attorney may still list your ex-spouse as the person authorized to:

• Handle your finances
• Make medical decisions for you

After divorce, most people want someone else in that role — like a trusted adult child, parent, or sibling.

5. Consider a Guardian or Trustee for Minor Children

You may still want your ex-spouse to be your child’s guardian — but not necessarily the person who controls the money.

In your updated estate plan, you can:

• Name a different trustee to manage your child’s inheritance
• Ensure your child’s inheritance is held in trust, protected until adulthood
• Set specific terms for how the money can be used

This protects your child from financial mismanagement — even if your ex is a loving parent.

What Happens If You Don’t Update?

• Your ex could still receive money from outdated policies or accounts.
• A court could appoint someone you didn’t choose to handle your estate.
• Your children’s inheritance could be tied up in legal disputes.

What You Should Do Now

After divorce, your estate plan should reflect your new goals, your new relationships, and your legal status. This is the perfect time to start fresh and ensure your family is protected.

Need Help Updating Your Estate Plan After Divorce?

At Larson Law Office, we help Arizona residents navigate post-divorce estate planning with clarity and care. Whether you need to revoke old documents or create a brand-new plan, we’ll make the process simple and affordable.

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