Q: What will happen to my estate should I die without a will

A: When a person dies in Arizona without a will, they are considered "intestate." The estate is then divided up according to a set of rules set by statute, with a hierarchy of who gets what based upon the familial relationship (wife, kids, grandkids, parents, siblings, etc). If married, the Arizona community property laws also control how the estate will be divided, as half of the assets of the husband and wife (the "community") belong to the other spouse, assuming there is no contract that changes that division, such as a prenuptial agreement.

Of course, if you are asking this question, then you still have time to avoid the mess of intestate succession, and control where how your estate is divided. And, for many people, a will isn't the best option. Estates controlled by wills still have to go through a public probate process, which can be very expensive and time consuming. A properly established trust can avoid the probate process, while still controlling how the estate is distributed.

***Please note the important disclaimers set forth at the bottom of this page.***

A: If you die in Arizona without a will, your estate will pass to your heirs at law under Arizona's statute dealing with intestate succession. This means, generally, that your assets will pass to your wife or, if there is no wife, to your children in equal shares. If no wife or children, then to your parents or to descendants of your parents. There are exceptions to this so I recommend that you speak with an estate planning attorney to learn what the outcome will be in your specific situation.