If you die without a will in Arizona, state intestate succession law decides who inherits your property, not you. Arizona is a community property state, so your assets split into two categories, separate property and community property, and the share your spouse and children receive depends entirely on which category applies and whether all of your children are also your spouse's children.
If you do not want Arizona default rules to decide who gets your property, you can put a valid will in place in a short online session with the FastWill will builder, covered in detail near the end of this guide.
Key Takeaways
- Arizona intestacy law under A.R.S. section 14-2102 splits your estate by whether children are shared with your spouse.
- Community property (assets acquired during the marriage) and separate property (assets you owned before marriage or received by gift or inheritance) are treated differently under Arizona law.
- Unmarried people with children have their entire estate divided among descendants under A.R.S. section 14-2103, with nothing set aside by choice.
- A signed will lets you override every one of these default outcomes.
For the broader picture beyond intestacy, see our Arizona estate planning guide and our overview of how to make a will in Arizona.
How Arizona divides property when there is no will
Arizona Revised Statutes section 14-2102 sets the surviving spouse's share, and the outcome turns on your family structure at the time of death. The scenarios below cover the situations that come up most often.
Spouse only, or spouse and shared children
If you leave a spouse and no children, or a spouse and children who are also your spouse's children, your spouse receives your entire intestate estate. That means both your separate property and your half of the community property pass to your spouse in full, with nothing carved out for descendants.
Spouse and children from another relationship
If you have children who are not your surviving spouse's children, the outcome changes sharply. Your spouse keeps their own half of the community property automatically, and receives only one-half of your separate property. Your children from the earlier relationship receive the other half of your separate property and all of your half of the community property. This is the scenario blended families most often get wrong by assuming a spouse automatically inherits everything.
Children only, no surviving spouse
If you have no surviving spouse, your children divide your entire estate under A.R.S. section 14-2103. If one of your children died before you but left children of their own, that branch splits their parent's share per stirpes rather than being cut out.
No spouse and no children
With no surviving spouse or descendants, Arizona's statute moves the estate to your parents, then to their descendants (your siblings), then further out to grandparents and their descendants. Unmarried adults without children are frequently surprised that a sibling they have not spoken to in years, rather than a close friend or partner, ends up as the legal heir.
What about unmarried partners and stepchildren
Arizona intestacy law does not recognize unmarried partners, no matter how long the relationship lasted or how intertwined your finances became. It also does not recognize stepchildren unless you legally adopted them. If you want a partner or a stepchild to inherit anything, a will is the only reliable way to make that happen.
Does the estate still have to go through probate
Yes. Dying without a will does not avoid probate in Arizona, it just means the probate court applies the state's default distribution instead of your instructions. Depending on the estate's size, it may qualify for a small estate affidavit process or need formal administration, which can take months longer. For a closer look at timelines, see our guide on how long probate takes in Arizona.
Why a will still matters even in a community property state
Community property rules only cover assets acquired during marriage. Separate property, retirement accounts with no listed beneficiary, and out-of-state real estate can all end up distributed in ways you never intended. A will lets you name exactly who inherits, name a guardian for minor children, and choose your own personal representative instead of leaving that decision to a judge. For more on why intestacy rarely matches what families actually want, see the consequences of dying without a will.
Arizona residents who want more direct control over how their property passes, and who want to keep their estate out of the more complicated formal probate track, often pair a will with a living trust. Either document beats leaving the outcome to the tables in the probate code.
How to avoid intestacy in Arizona
Writing a valid Arizona will takes care of the gaps intestate succession leaves open. You can name specific people, including a partner or stepchild, set aside personal items for particular family members, and designate a guardian for any minor children. Start with the FastWill will builder to put a signed, legally valid will in place instead of leaving the outcome to A.R.S. section 14-2102.
Frequently Asked Questions
Does my spouse automatically get everything if I die without a will in Arizona?
Only if you have no children, or if every child you have is also your spouse's child. If you have children from a prior relationship, your spouse's share drops to half of your separate property and none of your half of the community property.
What happens to community property if there is no will?
Your half of the community property passes to your spouse if all your children are shared with that spouse. If you have children from another relationship, your half of the community property goes to those children instead.
Can an unmarried partner inherit under Arizona intestacy law?
No. Arizona's intestate succession statute only recognizes legal spouses and blood or adopted relatives. An unmarried partner receives nothing without a will or other estate planning document naming them.
Who inherits if I have no spouse and no children in Arizona?
Your estate passes to your parents first, then to their descendants such as your siblings, and further out to more distant relatives if none of those survive you.
Do I still need probate if I die without a will in Arizona?
Yes. An estate without a will still goes through probate, it simply follows the state's default heirs instead of your own instructions, which can add time and cost for your family.
