What Happens If You Die Without an Estate Plan in Arizona?

Dying “intestate” means the state decides

If you pass away without a valid will or trust in Arizona, you die “intestate.” Arizona’s intestacy statutes—not you—determine who inherits your property, in what shares, and who is put in charge of settling your estate.

Who inherits under Arizona law

Arizona is a community property state. If you are married and all of your children are also your spouse’s children, your spouse generally inherits everything. But if you have children from another relationship, your separate property and your share of the community property are divided between your spouse and those children—an outcome many people would never have chosen.

The costs of no plan

• A judge, not you, may decide who raises your minor children.
• Your estate must pass through probate, which takes time and money.
• Assets can land with relatives you would not have chosen.
• There is no plan for incapacity if you become unable to manage your affairs.

The good news

Intestacy is entirely avoidable. A basic estate plan—at minimum a will, powers of attorney, and healthcare directives—lets you name your own beneficiaries, choose a guardian for your children, and decide who acts for you. It replaces the state’s default rules with your actual wishes.