{"id":409,"date":"2013-10-16T14:28:26","date_gmt":"2013-10-16T14:28:26","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/?p=409"},"modified":"2022-06-16T16:24:18","modified_gmt":"2022-06-16T16:24:18","slug":"what-happens-if-you-dont-have-a-will","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/blog\/what-happens-if-you-dont-have-a-will\/","title":{"rendered":"What Happens If You Don\u2019t Have a Will"},"content":{"rendered":"
All too often, individuals die before making a will and estate plan. Even if you don\u2019t have children, a large estate, or a spouse, it is important to have a will that designates what happens to your property after your death. Most people understand that they need a will, but never take the time to create one, leaving the courts to decide who gets what when someone dies.<\/p>\n
What are the consequences for those individuals?<\/strong><\/p>\n When someone dies without a will or some other legal method to transfer property when one dies, state law will determine what happens to his or her property. In Arizona, this is called \u201cintestate succession<\/strong>.\u201d Intestate succession laws affect only assets that would have passed through your will. Usually, that includes assets that you own alone, in your name.<\/p>\n Generally, these assets will go to the spouse or children, or if there is neither, a close relative. If no relatives can be found to inherit the property, it will go to the state. Also, if no will has been created, a court will decide who will care for young children and their property if the other parent is unavailable or unfit to do so.<\/p>\n In Arizona, if someone is part of a same-sex relationship, the surviving partner will not inherit anything because Arizona doesn\u2019t recognize same-sex marriage.<\/p>\n Typically, property distribution (without a will) depends on whether one is married or single, and whether you or your spouse has any children.<\/p>\n Nolo provides a visual on scenarios of who would inherit what if no will was in place. See below:<\/p>\n