Arizona State Specific Information
Will, Trust, Power of Attorney, and Estate Planning
Official state laws:
- Arizona Revised Statutes Annotated
- Probate jurisdiction rests with the Superior Court
- Probate laws are primarily in Title 14, Article 5
Minimum age requirement to:
- Distribute property by will: 18 (Section 14-2501)
- Which minor gets property: 21
Holographic will recognized (Section 14-2503)
State taxes:
- Estate tax: Equal to federal credit for state death taxes (Section 42-4051 and 42-4052)
- State gift tax:Inheritance tax: No inheritance tax (Section 42-4051 and 42-4052)
- No state gift tax (Section 42-4051 and 42-4052)
- Anatomical Gift Act (Sections 36-841 through 36-850)
- Inheritance tax: No inheritance tax (Section 42-4051 and 42-4052)
Default Rules: How property is distributed if there is no will, i.e. laws of intestate succession: (Section 42-2102 and 42-2103)
- No surviving spouse, but there are surviving children:
- All of the estate goes to the surviving children split equally among them or to their children in accordance to their per stirpes share
- Surviving spouse and
- Children of surviving spouse:
- All of your separate property and one-half (1/2) of your community property to your surviving spouse, and
- The other one-half (1/2) of your community property goes to equally to your surviving children
- Children not of the surviving spouse (for example your children from a previous marriage):
- All of your separate property and one-half (1/2) of your community property to your surviving spouse, and
- The other one-half (1/2) of your community property goes to equally to your surviving children
- No children and both of your parents of deceased:
- All of your estate will pass to your spouse
- No children, but at least one of your parents survives you:
- All of your estate will pass to your spouse
- Children of surviving spouse:
- At least one parent survives you, but no surviving spouse or children:
- All of your estate will pass to your surviving parents equally
- No spouse, children, or parents:
- Siblings (brothers and sisters) according to their per stirpes share. If none, then to next of kin
Who must be named as a beneficiary in your will:
- Surviving spouse (Section 14-2302), andChildren, born or adopted (Section 14-2301)
- Surviving spouse must be given:
- One-time allowance of $18,000 (Section 14-2402), and
- One-half of your community property
- Surviving spouse must be given:
-
- Children, born or adopted (Section 14-2301)
Effects of changes in your marital status on your will:
- You are divorced from the surviving spouse:
- Revokes will as to divorced surviving spouse, unless will expressly provides for divorced surviving spouse (Section 14-2802)
- You get married without changing your will that does not provide for your new spouse:
- Revokes will as to spouse, unless will expressly provides for spouse, but surviving spouse may still be entitled to shares under state intestate law (Section 14-2301)
Witnesses:
- Minimum number of witnesses required: Two (Section 14-2502)
- Are witnesses allowed to be beneficiaries?: Yes (Section 14-2505)
- Requirements to be a witness, witnesses must:
- sign in front of at least two witnesses or in front of a notary public
- not be related to you by blood, adoption, or marriage,
- not be entitled to anything in your will, and
- not be finically responsible for you healthcare
Property Ownership (Section 25-211 and 33-431):
- Community property state
- Property acquired out of state before moving in-state during the marriage is considered quasi-community property
- Joint tenancy among spouses is allowed, but only if in a written agreement
- Bank account deposits held jointly are payable to any survivor named in the bank account, unless there is clear and convincing evidence that the deposit is payable only to a specified survivor
- Tenancy by the entirety is not recognized in this state
Other types of wills:
- Self-proving wills recognized: Yes, recognized (Section 14-2504)
- Living will: Living Will (Section 36-3261 and 36-3262) requires physician must certify you as being terminal, irreversible, or incurable
- Durable Power of Attorney: Durable Power of Attorney Act (Section 14-5501)
- Healthcare Power of Attorney (Section 36-3224)