[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.penningtonestateplanning.com\/blog\/what-happens-if-you-die-without-a-will-in-arizona\/#BlogPosting","mainEntityOfPage":"https:\/\/www.penningtonestateplanning.com\/blog\/what-happens-if-you-die-without-a-will-in-arizona\/","headline":"What Happens If You Die Without a Will in Arizona?","name":"What Happens If You Die Without a Will in Arizona?","description":"Many people don\u2019t realize what happens when a person dies without a will in Arizona. In the absence of a will, the state decides who inherits your property, which may lead to unintended consequences. Your assets could go to a relative you would have preferred to disinherit simply because that\u2019s what the law dictates. Dying […]","datePublished":"2025-07-16","dateModified":"2025-07-16","author":{"@type":"Person","@id":"https:\/\/www.penningtonestateplanning.com\/blog\/author\/penningtonlaw\/#Person","name":"Pennington Law, PLLC","url":"https:\/\/www.penningtonestateplanning.com\/blog\/author\/penningtonlaw\/","identifier":6,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/35dc6853b9d9833af8623c784bd8cc1436ceca0be7925133d99c37afece2b1e9?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/35dc6853b9d9833af8623c784bd8cc1436ceca0be7925133d99c37afece2b1e9?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Pennington Law, PLLC","logo":{"@type":"ImageObject","@id":"https:\/\/www.penningtonestateplanning.com\/wp-content\/uploads\/2023\/05\/logo-2.png","url":"https:\/\/www.penningtonestateplanning.com\/wp-content\/uploads\/2023\/05\/logo-2.png","width":209,"height":126}},"image":{"@type":"ImageObject","@id":"https:\/\/www.penningtonestateplanning.com\/wp-content\/uploads\/2025\/07\/blog-What-Happens-If-You-Die-Without-a-Will-in-Arizona-featured-image.png","url":"https:\/\/www.penningtonestateplanning.com\/wp-content\/uploads\/2025\/07\/blog-What-Happens-If-You-Die-Without-a-Will-in-Arizona-featured-image.png","height":800,"width":1200},"url":"https:\/\/www.penningtonestateplanning.com\/blog\/what-happens-if-you-die-without-a-will-in-arizona\/","about":["Estate Planning"],"wordCount":624,"articleBody":"Many people don\u2019t realize what happens when a person dies without a will in Arizona. In the absence of a will, the state decides who inherits your property, which may lead to unintended consequences. Your assets could go to a relative you would have preferred to disinherit simply because that\u2019s what the law dictates. Dying intestate can also spark disputes among family members and lead to a prolonged probate battle.To minimize the risk of legal disputes, it\u2019s important to understand Arizona\u2019s intestacy laws.What Is Intestate Succession in Arizona?Intestate succession in Arizona is the legal process the probate court uses to distribute property after someone passes away without a will. The court cannot consider the decedent\u2019s wishes because they didn\u2019t legally document them. Instead, the court divides assets according to an order of priority dictated by Arizona law. In a nutshell, if you don\u2019t make a will, the state makes one for you.Arizona Intestacy LawsArizona intestacy laws outline who can inherit property when someone dies without a will and explain how the estate is distributed among surviving family members.Under Arizona intestacy laws, only biological and legally recognized relationships \u2014 such as spouses, children, and other relatives \u2014 are considered when distributing an estate. This means that friends, caregivers, or charitable organizations will not receive anything unless they are specifically named in a valid will.In addition, not all assets are subject to Arizona\u2019s intestate succession laws. Understanding how these statutes operate can help you make informed decisions that will guide the distribution of your assets after your death.Which Assets Are Affected by Arizona Intestacy Laws?Arizona\u2019s intestacy laws only consider the assets titled in your name with no designated beneficiaries. That means intestate succession laws do not apply to all your property. Assets that are affected include:Real estate titled in your name aloneBank accounts in your name aloneVehicles without a transfer-on-death provisionAssets that usually avoid probate include:Jointly owned propertyLife insurance policies with a named beneficiaryRetirement accounts with a valid beneficiary named on the accountProperty transferred into the ownership of a trustBy writing a will, you can direct decisions about your property that the state would otherwise make.Who Inherits When There Isn\u2019t a Will?Arizona law establishes the following order of priority for asset distribution in an intestate estate:Surviving spouseSurviving childrenIf you are unmarried and have no children, other relatives such as grandparents, siblings, and other descendants can inherit under Arizona\u2019s intestate succession laws. However, these laws can get complex. If you have a blended family, minor children, or specific wishes regarding particular assets, planning ahead is crucial.Here\u2019s one example of why: Adopted children have the same place in the order of priority as biological children. However, stepchildren cannot inherit unless they were legally adopted by the decedent or named as a beneficiary in their estate plan. Without a will, children you cared for but came from your spouse\u2019s prior relationship will not inherit from your estate. A skilled estate planning attorney can guide you in drafting a will that clearly expresses your intentions for your loved ones.Talk to Our Arizona Estate Planning AttorneyThoughtful planning is crucial for protecting your assets and final wishes. At Pennington Law, PLLC, we strive to assist Arizona families in achieving just that. We offer:Customized estate plans that aim to bypass probateGuidance with probate law if your family member has passed away without a willCompassionate care throughout the entire processTake control of your estate and your legacy today. Contact us today for a free consultation with one of our experienced estate planning lawyers."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.penningtonestateplanning.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Happens If You Die Without a Will in Arizona?","item":"https:\/\/www.penningtonestateplanning.com\/blog\/what-happens-if-you-die-without-a-will-in-arizona\/#breadcrumbitem"}]}]