Dying Without a Will or Trust: Protect Your Legacy Today

Dying without a will or trust creates uncertainty for your family and puts your estate in the hands of state law. Most people avoid thinking about death, but failing to plan can lead to long delays, court fees, and outcomes you never intended. If you live in Arizona, here’s what happens when no plan is in place.

What Is Intestate Succession?

If you die without a will also known as dying “intestate”, the state decides who receives your assets. Every state has its own laws about this, and Arizona follows its own rules under intestate succession.

You lose control over:

• Who receives your assets
• Who manages the estate (your personal representative)
• When and how things are distributed

And if you have minor children, the court also decides guardianship—possibly ignoring your preferences.

What Is Probate?

Probate is the legal process where the court oversees the distribution of your assets. If you die without a trust, or even with just a will, your estate typically goes through probate. Creating a trust can help you avoid this entirely.

Probate can be:

• Time-consuming (can take 6–18 months)
• Expensive (court costs, attorney fees, appraisals)
• Public (everything is a matter of public record)

Dying without a will or trust also means this process is less efficient and often more stressful for loved ones.

Arizona’s Intestate Succession Rules

Here’s how Arizona probate court distributes assets if no will or trust exists:

If You’re Married:

• No children or only children with your spouse: spouse inherits everything
• Children from a prior relationship: spouse gets half, children split the other half

If You’re Unmarried:

• Children inherit equally
• If no children: parents inherit
• If no parents: siblings inherit
• If no siblings: more distant relatives inherit
• If no relatives: estate goes to the State of Arizona

What About Guardianship?

If you don’t name a guardian in a will or trust, the court picks who raises your children. Even with the best of intentions, they may not choose who you would have.

How to Avoid Intestate Succession

To avoid dying without a will or trust, take action now:

• Create a revocable trust to avoid probate
• Update beneficiary forms on accounts and life insurance
• Keep all estate planning documents up to date and accessible

Final Thoughts

Dying without a will or trust leaves your family in legal and emotional limbo. Instead of letting the state decide who gets what—and who raises your children—make your wishes clear now.

TrustHandled makes it easy to create a plan that protects your family, avoids probate, and ensures your legacy is handled exactly how you want.