Arizona State Specific Information

Will, Trust, Power of Attorney, and Estate Planning

Official state laws:

Minimum age requirement to:

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
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
- 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)