22 May Does Marriage Override a Will in Arizona?
Marriage changes a lot about your life, including what happens to your assets when you pass away. But if you already have a will, does getting married override it? 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. Here’s what you need to know about how marriage affects a will in Arizona.
Does a Spouse Automatically Inherit Everything?
A marriage does not override a will, but it can affect how that will is interpreted. If the will was written before the marriage and hasn’t been updated since, the spouse is protected under Arizona law.
A spouse who was unintentionally left out of a will because it was drafted before the marriage is known as a “pretermitted spouse.” In most cases, the court assumes that the deceased intended to include their spouse, even if they’re not named in the will.
This is one reason why updating your estate plan after major life events like marriage is so important.
What Does Community Property Mean?
Because Arizona is a community property state, any assets acquired during a marriage belong equally to both spouses. After you pass away, your spouse typically inherits your half of the community property, but what happens to the rest of your assets depends on your will.
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 excluded
- Homestead, exempt property, or a family allowance
When a will is vague or outdated, probate can get complicated and emotionally draining. The best way to prevent unnecessary stress for your family is to make sure your plan is clear and up to date.
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. Whether you’re newly married, remarried, or blending families, reviewing your will can help you avoid costly legal surprises and protect the people you care about most.
At Phelps LaClair, we make estate planning a straightforward process that’s personal and tailored to your life right now. Contact us today to schedule a review and keep your estate plan current for the life you’re living.