What Happens If You Pass Away Without a Will?

If you do not have a will created, here are a few things you should understand and know about, when you pass away without a will.

1. If you die and do not have a will, the Arizona, or whatever state you live in at the time, will decide on how your property and assets will be distributed.

2. In some community property states, your spouse or domestic partner will be given your property and assets.

3. Depending on Arizona’s laws your separate property will be distributed based on those laws. For example, if you have a spouse, domestic partner, he or she will receive all of your property, that is if you do not leave any children, grandchildren, or siblings. Your spouse or domestic partner will only receive half of your property if you leave one child behind, if you leave two or more children, your spouse or domestic partner will only receive one-third of your property.

4. For any property that is not given to your spouse, your property will be distributed in the order of your children, and if your children are not alive, but have children, then it will go to them. If you have no children or they have no children, then your property will be given to your parents, then down the line it would be your siblings, and if they were not alive, then it would be their children that receive your property and continuing down the line it would then be your grandchildren.

5. If you have no close or surviving relatives to receive your property, all of your property will go to the state.

6. If you do not have a will, not only will the state decide who gets your property, but they will also decide who will take care of your children, if the other parent is found unfit to do so.

7. If you happen to be in a same-sex unmarried relationship, your partner will not receive anything, unless you happen to live in a state that allows domestic partners to inherit like spouses.

Need Help?

If you are not sure as to what legal document you currently have contact one of our professionals to help you with your planning needs. They will make sure you have all of your grounds covered and have the right legal documents that best suite your wants and needs.