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Contrary to popular belief, not everyone needs a will.
Arizona law has a plan for estate distribution. It applies to those who die without a valid will.
Identify the category among the following that applies to you. This is the manner in which your
property will pass if you have no will when you die.
- Not married, no surviving children, grandchildren, etc.
All your property will go to your surviving parent(s) in equal shares. If neither of your parents
is living, your property will go in equal shares to your brothers and sisters who are living.
- Not married, with surviving children
Everything goes to your children in equal shares. If any of your children dies before you, leaving
their children (your grandchildren) surviving, the share of your estate that would have gone
to the deceased child will go instead to his or her children (your grandchildren).
- Married, no surviving children, grandchildren, etc.
All your property goes to your surviving spouse.
- Married with children, all of whom also are the children of your present spouse
Your surviving spouse gets everything.
- Married with at least one child, grandchild, etc. who is not also the child, etc. of
your present spouse
One-half of your separate property goes to your surviving spouse. The remaining one-half of your
separate property and all your half interest in your community property goes to your children in
equal shares.
Most married people have little or no separate property. Generally, it is property
that was owned before marriage or property received by gift or inheritance.
There are other reasons you may wish to have a will. If your estate is very large,
a will can be an important tool in a planning package to minimize estate taxes.
A will also is a convenient way to nominate a guardian or conservator (trustee) for
your children.
Otherwise, if you are satisfied with the state's plan for distribution, you may not
need a will. If you need one, attend to it promptly.
Lawyer fees for will preparation vary widely. Use the telephone to obtain information
about fees and services.
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