Arizona Last Will and Testament

Intestacy: Dying without a will

When someone dies without a will, he is said to be “intestate,” and the laws of intestacy kick in. In Arizona, in the absence of a will, if a decedent is survived by only a spouse and no children or by only a spouse and descendants who are also descendants of the spouse, the spouse inherits everything; alternatively, if the decedent is survived by only children but no spouse, the children inherit everything.

The surviving spouse would have to share the estate, however, if the decedent leaves behind descendants who are not also descendants of the surviving spouse.

Exceptions to the ability to distribute property

Only property titled in your name at your death may be distributed according to an Arizona will; jointly held property with the right of survivorship, then, does not. Community property also passes directly to the surviving spouse.

Other restrictions on the ability to distribute property include the following:

Homestead allowance: A decedent's surviving spouse is entitled to a homestead allowance of $18,000. If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to $18,000 divided by the number of minor and dependent children of the decedent.

Exempt property: The decedent's surviving spouse is entitled to a value not to exceed $7,000 in household furniture, automobiles, furnishings, appliances, and personal effects from the estate. If there is no surviving spouse, the decedent's children are entitled to share the same value.

Spousal share: The share of an estate that a surviving spouse receives depends on both how the property in question was owned (separate or community property) and also which other family members the decedent leaves behind.

Form a last will in Arizona

The basic requirements for an Arizona will include the following:

• Age: The testator must be at least 18 years old.
• Capacity: The testator must be of sound mind.
• Signature: The will must be signed by one of the following:
• Testator
• Someone else in the testator’s name in the testator’s conscious presence, by the testator’s direction.
• Witnesses: The will must be signed by at least two individuals, each of whom signed within a reasonable time after having witnessed either the signing of the will or the testator’s acknowledgment of the signature or of the will itself.
• Writing: An Arizona will must be in writing to be valid.
• Beneficiaries: Arizona does not limit to whom property may be left in a last will.