About Arizona,
Arizona is a community property state, meaning assets acquired during the marriage are generally owned equally by both spouses. This classification directly shapes what passes through probate and what belongs to you outright.
Without a will, Arizona intestate law (A.R.S. § 14-2102) determines your share. The small-estate threshold is $75,000 for personal property and $100,000 for real property, and typical probate takes 6-8 months for informal probate.
Arizona does not impose a state estate tax or inheritance tax, so your exposure is limited to federal estate tax rules if applicable.
Property & Intestate Rules
How Arizona classifies marital property and what a surviving spouse typically receives if there is no will.
How Arizona Classifies Marital Property
Community Property (Ariz. Rev. Stat. § 25-211)
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | Entire estate |
| Children from marriage | Entire estate |
| Children from prior relationship | One-half of the decedent's separate property and no interest in the one-half of the community property that belonged to the decedent. |
Not applicable as Arizona is a community property state.
Deadline to File
- Arizona filing window
- Not applicable
Home Protections for Surviving Spouses
Arizona provides a homestead allowance of $18,000 for the surviving spouse (A.R.S. § 14-2402). This allowance is exempt from and has priority over all claims against the estate, except for administration expenses. This is a monetary allowance, not a right to reside in the home.
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Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | $75,000 for personal property and $100,000 for real property |
| Typical probate timeline | 6-8 months for informal probate |
| State estate tax | No |
| State inheritance tax | No |
| Tax notes | Arizona does not have a state-level estate tax or inheritance tax. |
Deadlines You Cannot Afford to Miss
Arizona-Specific Rules
Arizona offers a specific form of title for married couples called 'community property with right of survivorship,' which allows property to pass directly to the surviving spouse without probate. Arizona has also abolished the common law rights of dower and curtesy.
Arizona Legal Help Resources
Starting points for legal aid, court self-help, and local attorney referrals.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Arizona.
- Is Arizona a community property state?
- Arizona is classified as Community Property. Community Property (Ariz. Rev. Stat. § 25-211)
- What does a surviving spouse inherit without a will in Arizona?
- No children: Entire estate With children: Entire estate Stepchildren or children from a prior relationship: One-half of the decedent's separate property and no interest in the one-half of the community property that belonged to the decedent.
- What is the elective share right in Arizona?
- Not applicable as Arizona is a community property state. Deadline: Not applicable
- What is the small-estate threshold in Arizona?
- $75,000 for personal property and $100,000 for real property. Typical probate timeline: 6-8 months for informal probate
- Does Arizona have estate tax or inheritance tax?
- Estate tax: No. Inheritance tax: No. Arizona does not have a state-level estate tax or inheritance tax.
- What deadlines matter most for widows in Arizona?
- Probate filing: within 2 years of death; Creditor claims: 4 months after probate opens; Federal estate tax return: 9 months after death
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Arizona.
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Support Beyond the Paperwork
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