Phoenix inheritance laws are based on the state of Arizona’s inheritance laws. Arizona is a community property state which makes Phoenix inheritance laws a bit more complicated than other states. But, it also allows for married couples to jointly own property and receive inheritance without probate court.

What is Community Property?

Community property simply means that any property acquired during a marriage is owned by both spouses equally.  When it comes to the distribution of community property for inheritance there are a few Phoenix inheritance laws that are always followed. Each spouse owns a 50% share of the community property acquired during the marriage.

In accordance to Phoenix inheritance laws, a spouse can only leave his or her share of community property to any beneficiary, and cannot leave the other spouse’s community property share to anyone else. In other words, the maximum amount of community property that a spouse can leave to another person is 50%. Phoenix inheritance laws allow one spouse to leave the other spouse his or her share of community property in a will, and many couples commonly do this.

Phoenix inheritance laws recognize personal property as separate from community property. This property does not have to be given to a spouse after death or a divorce. Personal property includes property that was acquired prior to the date of the marriage. Phoenix inheritance laws allow personal property to be left to any other person, so personal property does not necessarily have to be left to a spouse.

If a spouse dies without leaving a will, the surviving spouse will receive the deceased’s community property share, as well as all of their personal property by default. This ruling applies for Phoenix inheritance laws even if the couple had children. However, if the deceased spouse had children from another relationship, the surviving spouse would inherit just half of their personal property by default, with the other half going to the deceased spouse’s children.

Phoenix inheritance laws have been created for many other aspects of estate planning including estate taxes, wills, trusts, property distribution through probate court, and more. Phoenix inheritance laws can be complicated and it’s recommended to consult with an estate law professional if you have questions on your specific circumstance.

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