Death is never an easy topic to discuss, but it’s a reality we all face. For Arizona residents, especially those with blended families, understanding the consequences of dying without a will is crucial. This process, known as intestate succession, can be complex and emotionally draining for your loved ones. Fortunately, there are ways you can prevent this from happening – but it takes a little planning and preparation. 

So, what happens when you die without a will in Arizona, and how can you avoid this?

The Emotional Toll of Intestate Succession

Losing a family member is heart-wrenching. The grief can be overwhelming, leaving you feeling lost and vulnerable. Now imagine compounding that pain with the stress of navigating a complex Arizona legal system to determine how your loved one’s assets should be distributed. This is the reality for many families when someone dies without a will.

For blended families, the situation can be even more fraught. Stepchildren, half-siblings, and ex-spouses may all have different expectations about inheritance. Without clear instructions from the deceased, these situations can quickly turn contentious, straining relationships at a time when family support is needed most.

Arizona’s Intestate Succession Laws: The Basics

When someone dies, we need to first look at how the asset is titled. Is there a joint owner? Is there a right of survivorship? Is there a beneficiary designated?  Keep in mind that assets subject to right of survivorship agreements, beneficiary deeds, joint tenancy, and payable upon death agreements often are not subject to the intestacy laws because they do not end up a part of your probate estate. 

When you die without a will in Arizona, any assets in your probate estate are distributed according to the state’s intestate succession laws. These laws aim to distribute your assets in a way that the state assumes most people would want. However, these assumptions may not align with your personal wishes or family situation.

According to Arizona Revised Statutes § 14-2102, if you die with a surviving spouse but no children, your entire probate estate goes to your spouse.  If you die with a surviving spouse, and your children are all “common” children, your entire probate estate goes to your spouse. If you die and you’re either divorced or your spouse is deceased, your children would receive your probate estate, per stirpes. For example, if you have three children, each child would receive ⅓ of the probate estate. But if you have two living children, and one child who predeceased you and left two of their own children, your two living children would each receive ⅓ and your two grandchildren from your deceased child would each get ⅙. 

The Complexity of Blended Families

Blended families face unique challenges when it comes to intestate succession. If you have children with a different partner, the situation becomes more complex. Your spouse receives ½ of the community property and half of your separate property, while your children (that are not children of your spouse) split the other half of your community property and one half of your separate property.

This can create unintended consequences for blended families. Suppose you have two children from a previous marriage and a current spouse. If you die without a will, your current spouse will receive only half of all of the community property and half of your separate property. This might not be what you’d want, especially if your spouse needs all of your community property to live on.

Arizona law doesn’t recognize stepchildren in intestate succession unless they’ve been legally adopted. If you die without a will, your stepchildren won’t inherit anything from your estate, even if you raised them as your own.

Arizona Revised Statutes § 14-2114 addresses the inheritance rights of adopted children. Under this law, adopted children have the same inheritance rights as biological children. This can be particularly relevant for blended families where stepchildren have been legally adopted.

Real World Example

You’ve been married for 20 years to your second spouse. You have two biological children from your first marriage and two stepchildren whom you’ve raised since they were toddlers. You think of all four as your children. However, only your biological children will inherit from your estate if you die without a will. Your stepchildren, despite your close relationship, will be left out entirely.

This situation can create deep rifts in families, pitting siblings against each other and potentially damaging relationships that you spent years nurturing. It’s a painful legacy to leave behind, especially when it could have been avoided with proper estate planning.

The Importance of Having an Arizona Estate Planning Attorney on Your Side

Navigating intestate succession can be a legal minefield, especially for blended families. An experienced estate planning law firm in Tempe can be invaluable during this difficult time. They can help interpret the complex intestate succession laws of Arizona and guide your family through the probate process.

More importantly, an estate planning attorney can help you avoid intestate succession altogether by creating a comprehensive estate plan tailored to your unique family situation. They can draft a will that clearly outlines your wishes, ensuring that all your children – biological and step – are provided for according to your desires.

An Arizona estate planning attorney can also help you explore other estate planning tools that might be beneficial for your situation. For instance, trusts can provide more control over how and when your assets are distributed. They can also avoid the public process of probate.

Remember, estate planning isn’t just about distributing assets. It’s about providing for your loved ones, maintaining family harmony, and leaving a positive legacy. An experienced Tempe estate planning lawyer can help you achieve these goals, giving you peace of mind and sparing your family unnecessary stress and conflict during an already difficult time.

Contact Our Arizona Estate Planning Attorneys Today

Estate planning isn’t just for the wealthy. Everyone can benefit from having a clear plan in place. It’s one of the most caring things you can do for your loved ones, sparing them additional stress and potential conflict during an already difficult time.

Don’t leave your family’s future to chance. Take control of your legacy today. Contact Blake & Pulsifer, PLC today to learn more about your estate planning options. Our Tempe estate planning lawyers can help you through this difficult time. Call our estate planning law firm today at 480-838-3000 or fill out our confidential contact form.