What Happens If You Die Without a Will in Arizona?

If you pass away without a will in Arizona, you don’t just leave behind your belongings — you also leave behind a legal mess for your loved ones to sort out.

When someone dies without a valid will, they are said to have died “intestate.” And in Arizona, that means the state decides who inherits your property, how it’s divided, and who will handle your affairs.

Here’s what you need to know.

⚖️ Arizona’s Intestate Succession Laws

In Arizona, the distribution of your property without a will is governed by A.R.S. § 14-2101 et seq. These laws create a default inheritance plan — whether it fits your family or not.

Who gets your property depends entirely on your legal relationships:

???? If You’re Married…

• With no children: Your surviving spouse gets everything.
• With children from only that spouse: Your spouse still gets everything.
• With children from a previous relationship: Your spouse gets half, and your children get the other half.

???? This surprises many blended families — your spouse may not receive everything unless you say so in writing.

???? If You’re Single…

• Property goes to your children.
• If no children, then to your parents.
• If no parents, then to siblings.
• And so on, down the line of next of kin.

If you have no living relatives, your property may go to the State of Arizona — something called escheat.

???? What About Guardians for Children?

Without a will:

• The court decides who becomes the guardian of your minor children.
• That might be a relative you wouldn’t have chosen.
• Or worse — it could lead to a dispute between family members.

If you want to choose who raises your kids, a will is the only place to do it.

???? Probate Is Still Required — With or Without a Will

Whether you have a will or not, your estate will likely go through probate — a court-supervised process to transfer property and pay debts.

But dying without a will makes probate more complicated:

• The court must appoint a personal representative (executor).
• That person may not be who you would have chosen.
• Your estate may be delayed or tied up in disputes.

???? Common Myths About Dying Without a Will

❌ “My spouse will automatically get everything.”
Not always true in blended families.

❌ “It doesn’t matter — I don’t have much.”
Even modest estates (especially those with a house or car) go through probate.

❌ “I told my family what I want.”
Verbal instructions mean nothing without a valid will.

???? What’s the Solution?

Creating a simple estate plan — even just a basic will — allows you to:

• Choose who gets your assets
• Name guardians for minor children
• Appoint someone you trust to handle your affairs
• Avoid unnecessary confusion and stress for your loved ones
• If you create a Trust as part of your comprehensive estate plan, you can avoid probate also

It’s easy, affordable, and one of the most loving things you can do for your family.

???? Need Help Writing a Will in Arizona?

At Larson Law Office, we help Arizona families create clear, legally valid estate plans that avoid conflict and confusion. Whether you need a simple will or a full estate plan, we’ll guide you every step of the way.

???? Schedule a consultation today: www.arsenallawaz.com/book-a-call
???? Call us: 480-582-5228