Arizona Estate Planning for Unmarried Couples

Arizona intestacy law does not give an unmarried partner an automatic share of assets that pass through the estate. If you die without a will, your partner may inherit nothing from those assets — regardless of how long you've lived together or whether you have children together. Jointly owned property with survivorship rights and other non-probate transfers are exceptions. Assets passing through the estate follow A.R.S. § 14-2103.

Living together for years does not by itself create an inheritance right. Arizona generally does not recognize a new common-law marriage formed here, and there is no "we've been together 20 years" override.

What Happens Without a Plan

If one unmarried partner dies intestate (without a will), the estate passes in this order:

1. Children (all of it, if no surviving spouse)
2. Parents
3. Siblings
4. More distant relatives
5. The state of Arizona (if no relatives at all can be found)

Your partner of 15 years is not on this list at any position. They generally get nothing from assets that pass through the estate.

Even worse: without a Healthcare Power of Attorney, your partner's authority depends on Arizona's statutory surrogate list under A.R.S. § 36-3231. It prioritizes spouse, adult children, parents, domestic partners, and siblings, so an unmarried partner may rank below your estranged parents.

The Minimum Protection Plan

At an absolute minimum, unmarried couples need:

1. A will naming each other as beneficiaries. Without this, intestacy rules control. The will should explicitly state your partner's role and your intention, making it harder for family members to challenge.

2. Healthcare Power of Attorney designating your partner. This overrides the statutory surrogate list and gives your partner the legal authority to make medical decisions if you're incapacitated.

3. A Living Will and mental-health-specific authority when needed. Without appropriate documents, your parents or siblings (not necessarily your partner) may make decisions under the statutory fallback.

4. A Durable Financial Power of Attorney naming your partner. Without this, your partner cannot access your bank accounts, pay your bills, or manage your property if you become incapacitated — even if both your names are on the mortgage.

Protecting the Shared Home

How you title the home determines what happens when one partner dies:

Title as Joint Tenants with Right of Survivorship (JTROS): The surviving partner automatically gets the deceased partner's share outside probate. This is the strongest protection for the home.

Title in one name only: The home goes through probate. Even if you have a will leaving it to your partner, the executor must file with the court, wait for creditor claims, and potentially defend against challenges from your blood relatives.

Title as Tenants in Common: Each partner owns their share separately. When one dies, their share goes through their estate (to whoever the will names, or to blood relatives if no will). The surviving partner does not automatically receive the deceased partner's share.

For unmarried couples who own a home together: JTROS is the minimum. Alternatively, one partner can record a beneficiary deed naming the other as the grantee beneficiary — this works for property titled in one person's name only.

Financial Accounts

• Add POD (payable-on-death) designations on all bank accounts naming your partner
• Add TOD (transfer-on-death) designations on brokerage accounts
• Update retirement account beneficiaries — unlike married spouses, unmarried partners have no automatic rights to a deceased partner's 401(k) or IRA
• Life insurance — name your partner as primary beneficiary (no spousal consent requirement since you're not married)

Why Unmarried Couples Face Higher Contest Risk

Family members who would inherit under intestacy have standing to challenge your will. Common challenges:

• "They weren't competent when they signed it"
• "The partner exercised undue influence"
• "The will wasn't properly witnessed"

To reduce contest risk:

• Execute the will with a self-proving affidavit (notarized, with two disinterested witnesses)
• Consider adding a "no contest" clause (though Arizona's enforcement of these clauses is limited)
• Document your wishes in a separate letter of intent — not legally binding but persuasive evidence of your state of mind
• Use non-probate transfers (JTROS, beneficiary deeds, POD designations) whenever possible — these are much harder to challenge than a will

Tax Differences for Unmarried Couples

Married couples benefit from the unlimited marital deduction — any amount can transfer between spouses tax-free. Unmarried partners don't qualify.

However, with the federal estate tax exemption at $15 million per person (2026), this only matters for very large estates. For most unmarried couples, the more immediate concern is ensuring their partner actually inherits anything at all.

Arizona has no state estate or inheritance tax, so transfers between unmarried partners face no state-level tax regardless of amount.

CPWROS Is Not Available to You

Community Property with Right of Survivorship (CPWROS) is only available to married couples. Unmarried partners cannot hold property as community property in Arizona. Your options are Joint Tenancy (JTROS) or Tenancy in Common.

The Arizona Basic Estate Planning Kit includes specific checklists for unmarried-couple households — covering all the transfers, designations, and documents needed to protect a partner who has zero default legal rights.

See more Arizona guides →