AZ risk areas
Arizona estate risk areas
These pages explain how default state rules in Arizona shape inheritance, probate, guardianship, taxes, and complexity. Start with the risk area that matches your biggest concern.
How to use this guide
- Read the risk summaries to understand default outcomes.
- Open a risk guide for state-specific details and sources.
- Use this as education, not legal advice.
Intestacy risk
Arizona intestacy rules apply to separate property and the decedent's half of community property, with spouse shares based on whether all descendants are joint.
- If there are no descendants or all descendants are also the spouse's, the spouse receives the entire intestate estate.
- If any descendant is not the spouse's, the spouse receives one-half of separate property and no interest in the decedent's half of community property.
- Remaining estate passes to descendants, then parents, then siblings, then grandparents and their descendants.
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Probate risk
Arizona allows collection by affidavit for small estates, with separate thresholds and waiting periods for personal and real property.
- Personal property affidavit: after 30 days, personal property of $200,000 or less and no personal representative pending.
- Real property affidavit: after six months, Arizona real property of $300,000 or less, filed in the county of domicile or where the property is located.
- Affidavit can be used to transfer vehicle titles or securities.
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Tax exposure
Arizona does not impose a state estate or inheritance tax for deaths after 2004.
- Estate tax provisions were repealed; no inheritance or gift tax is imposed.
- Federal estate tax may apply based on estate size.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
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Guardianship risk
In Arizona, courts appoint guardians for minor children when no legal parent can act. State statutes outline eligibility, notice, and court oversight.
- Court appointment is required to grant a non-parent legal authority.
- Statutes define who may petition, notice requirements, and hearing steps.
- Temporary or emergency guardianships may be available in urgent cases.
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Complexity triggers
Arizona's community property rules and homestead allowance affect distribution when a spouse or children survive.
- Property acquired during marriage is presumed community property except for statutory exceptions.
- A homestead allowance for a surviving spouse or minor/dependent children has priority over claims and is chargeable against the recipient's share unless otherwise provided.
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