Most people have a pretty clear sense of who they’d want to inherit their belongings if something happened to them. The house should go to the kids, maybe some special items to close friends, and certainly that one relative who’s been nothing but trouble shouldn’t get their hands on anything important.
But here’s what many Arizona residents don’t realize: without a proper will in place, those personal wishes become completely irrelevant. Arizona state law takes over, and it follows a rigid formula that has nothing to do with family dynamics, personal relationships, or individual preferences.
It’s a situation that catches more families off guard than most people expect, and the consequences can create lasting problems for the people left behind.
When the State Becomes Your Estate Planner
Estate planning attorneys have a term for dying without a valid will: dying “intestate.” When this happens in Arizona, the state’s intestate succession laws—spelled out in Arizona Revised Statutes § 14-2101 through 14-2114—automatically kick in to determine who gets what.
These laws follow a strict hierarchy that’s designed to be fair in a general sense, but they can’t account for the complexities of real families. The legal system doesn’t know that one child has been the primary caregiver while another hasn’t visited in years, or that a spouse might not be the best choice to manage certain assets.
How Arizona Divides Things Up
The state’s distribution formula is straightforward, but it often surprises people who haven’t thought through the implications.
For married couples without children, the surviving spouse inherits everything, which is usually what most people would want anyway (Arizona Courts). The same is true if the couple has children together and no children from previous relationships.
But situations get more complicated when there are children from earlier marriages or relationships. In those cases, Arizona gives half the estate to the surviving spouse and divides the other half among all the children—including those who might not have any relationship with the stepparent.
Single parents see their entire estate divided equally among their children, regardless of age, financial need, or circumstances. And for people without spouses or children, the estate goes to parents, then siblings, then extended family members who might be complete strangers to the deceased person’s daily life.
What’s particularly important to understand is that Arizona’s intestate laws don’t recognize some relationships that matter deeply to many people. Unmarried partners get nothing, regardless of how long they’ve been together. Stepchildren who weren’t legally adopted have no inheritance rights. Close friends who might have been like family receive nothing. And charitable causes that were important to someone get no consideration
The Hidden Costs of Not Planning
Beyond the question of who inherits what, dying without proper estate planning creates a host of practical problems that can make an already difficult time even harder for families.
The probate process typically takes longer when there’s no will, partly because the court has to appoint someone to manage the estate and partly because family members might disagree about who should take on that responsibility. Extended probate proceedings mean higher legal and administrative costs, which come out of the estate before anyone inherits anything.
Family conflicts often arise when the state’s distribution formula doesn’t match what family members think the deceased person would have wanted. These disputes can destroy relationships and drag on for months or years.
For parents of minor children, dying without a will means the court decides who becomes the guardian. Even if parents have talked about their preferences with family members, those conversations have no legal weight without proper documentation.
The Trust Alternative
Many Arizona families find that trusts offer advantages that go beyond what a basic will can provide. Estate planning attorneys often recommend trusts because they can help families avoid probate entirely, which saves both time and money.
Trusts also offer more flexibility in how assets are distributed. Instead of just naming beneficiaries, parents can set up trusts that distribute funds when children reach certain ages or achieve specific milestones. This can be particularly valuable for families concerned about young adults inheriting large sums before they’re ready to manage them responsibly.
Privacy is another consideration. While wills become public records through the probate process, trusts remain private documents. For families who prefer to keep their financial affairs confidential, this can be an important benefit.
Arizona law recognizes both revocable living trusts, which can be changed during someone’s lifetime, and irrevocable trusts, which offer certain tax and asset protection advantages. The right choice depends on each family’s specific circumstances and goals.
Estate Planning for Everyone
One of the biggest misconceptions estate planning attorneys encounter is the idea that only wealthy people need wills or trusts. The reality is that anyone who owns a home, has children, or cares about what happens to their possessions should have some form of estate planning in place.
It’s not just about the financial value of assets—though for most families, even modest estates represent significant value. It’s about ensuring that family members aren’t left to guess what someone would have wanted, or to deal with unnecessary legal complications during an already emotional time.
Even young, healthy people can benefit from basic estate planning. Accidents happen, and having documents in place means families can focus on grieving and healing rather than navigating legal uncertainties.
Taking Control of the Process
The good news is that creating a proper estate plan doesn’t have to be complicated or expensive, especially when compared to the potential costs and conflicts of dying intestate. Arizona law provides several options for people who want to ensure their wishes are honored.
For some families, a straightforward will that names beneficiaries and guardians might be sufficient. Others might benefit from more sophisticated trust-based planning that provides ongoing management and protection for their assets.
At Gravis Law, the estate planning team works with Arizona families from our Scottsdale and Mesa offices to create plans that actually reflect their values and circumstances. Whether someone needs a basic will, a comprehensive trust strategy, or something in between, the focus is on making sure their wishes—not the state’s default rules—guide what happens to their legacy.
The process starts with understanding each family’s unique situation and goals, then crafting documents that provide both legal protection and peace of mind. Because when it comes to something as important as caring for loved ones and protecting what families have worked to build, leaving those decisions to chance isn’t really an option.
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