Does Arizona’s Marriage Law override a Will?
22 May Does Marriage Override a Will in Arizona?
Posted at 06:53h
Wills
Marriage can change many aspects of your life, such as what happens to your assets after you die. Does getting married override a previous will? And does your spouse automatically inherit everything?
In Arizona, the answers depend on a few key factors: when your will was created, how your assets are classified, and what your estate plan says. What you need to understand about marriage and wills in Arizona. Arizona law protects a spouse if the will was drafted before the marriage, and it hasn’t since been updated.
A spouse that was accidentally left out of a previous will is called a “pretermitted” spouse. In most cases, the court assumes the deceased intended for their spouse to be included in the will, even if it’s not specifically mentioned.
This can be one of the reasons why it is important to update your estate plan following major life events such as marriage. What Does Community Property Mean in Arizona?
Because Arizona has a community property law, assets acquired during marriage belong to both spouses. Here’s a basic breakdown:If your will names your spouse
, they will inherit whatever portion you designated.
If your won doesn’t mention your spouse
, they may still be entitled to a share as a pretermitted spouse. Here’s a basic breakdown:If your will names your spouse
, they will inherit whatever portion you designated.
- If your will doesn’t mention your spouse, they may still be entitled to a share as a pretermitted spouse.
- If you don’t have a will, Arizona’s intestacy laws decide who inherits what.
- If you don’t have children from a previous relationship, your spouse usually inherits everything. But if you do have children from a prior relationship, your spouse may have to share your estate with them.What Is a Surviving Spouse Entitled to in Arizona?
Depending on the situation, your surviving spouse may be entitled to:
Your half of any community property
A share of your separate property, depending on the will or state law
- An elective share if they were
- disinherited
- or unintentionally excludedHomestead, exempt property, or a family allowanceWhen a will is vague or outdated, probate can get complicated and emotionally draining. It is important to keep your estate plan up-to-date and clear to avoid unnecessary stress on your family.
- Let’s Make Sure Your Will Still Works!
Marriage doesn’t cancel your will, but it does change your life, and your estate plan should reflect that. If you’re newlywed, remarried or blending families
reviewing will
can help you avoid expensive legal surprises and protect those you love. At Phelps LaClair we make estate planning simple and tailored to you.
Contact us today to schedule a review and keep your estate plan current for the life you’re living.Photo byThe Chaffins on
Unsplash used with permission under the creative commons license for commercial use 05/19/2025
