Does a spouse automatically inherit everything?

Question

Accepted Answer

No — under Arizona law, a surviving spouse does not automatically inherit everything, and the answer depends on whether the decedent left a will and whether there are surviving children.

If there is no will (intestacy): Any part of the estate not disposed of by will passes by intestate succession . The surviving spouse receives the entire intestate estate only if there is no surviving issue, or if all surviving issue are also issue of the surviving spouse . If the decedent has surviving issue who are not also issue of the surviving spouse (for example, children from a prior relationship), the spouse receives only one-half of the intestate separate property and no interest in the decedent's one-half of the community property . The remainder passes to other heirs in a statutory order — first to the decedent's descendants, then parents, then descendants of parents, then grandparents and their descendants .

If there is a will: A decedent may by will expressly exclude or limit a person's right to inherit . However, a spouse who married the testator after the will was executed is generally entitled to at least the share the spouse would have received had the testator died intestate, subject to exceptions — such as where the will was made in contemplation of the marriage, the will states it remains effective despite a later marriage, or the spouse was provided for by a transfer outside the will .

Other protections and limits: Regardless of a will or intestacy, a surviving spouse is entitled to a homestead allowance of $18,000 , exempt property up to $7,000 in value in household furniture, automobiles, furnishings, appliances, and personal effects , and a reasonable family allowance for maintenance during administration of the estate . These rights can be waived by a written contract or agreement signed by the spouse, and a waiver using "all rights" or equivalent language generally renounces benefits that would otherwise pass by intestate succession or under a pre-waiver will .

In short, the spouse inherits everything only in specific circumstances — such as intestacy with no issue outside the marriage  — and the sources provided do not address every possible scenario, so consulting a licensed Arizona attorney about a specific estate is advisable.