Estate Planning for Unmarried Couples in Arizona

Arizona law does not automatically protect an unmarried partner, so a written plan is the only way to ensure they inherit and can speak for you.

Short Answer

• Without a will or trust, state law favors relatives over unmarried partners, leaving your partner with nothing.
• A will names your partner but still requires probate; a living trust or beneficiary deed avoids court and passes assets directly.
• Use powers of attorney to authorize your partner to manage finances and make medical decisions during life.
• Update beneficiary designations on accounts, policies and retirement plans to reflect your partner.

What happens without a plan

When someone dies without a plan, Arizona’s intestate succession statutes direct the estate to a surviving spouse and blood relatives. Unmarried partners are not on this list, so your partner receives nothing by default. The statutes first give the entire estate to a surviving spouse if there are no children, or split it with children if there are. Any remaining estate then passes to descendants, parents or other relatives. Without clear documents, your partner may have to battle family members in probate court. See A.R.S. § 14-2103.

Planning tools to protect your partner

Write a will

Name your partner as beneficiary and personal representative, but expect a court process.

A will lets you direct property to your partner and appoint them to manage your estate. However, your executor must still file the will with the probate court. Probate can last months and allows creditors and relatives to challenge your plan. Use our Arizona wills guide to draft a valid will and coordinate other documents.

Revocable living trust

A living trust keeps you in control during life and passes assets privately and quickly at death.

Transfer your home, bank accounts and other assets to a revocable trust and name your partner as trustee and beneficiary. You remain in control while you are alive and competent, and can change the terms at any time. When properly funded, the trust bypasses probate entirely, saving time and conflict. Our guide to living trusts explains how to set one up and why it works.

Beneficiary deed

Record a beneficiary deed to transfer your home directly to your partner at death.

A beneficiary deed (transfer-on-death deed) lets you keep full control during life. You can sell, refinance or revoke the deed at any time. To work, it must be signed and recorded before death in the county where the property sits. At your death, the property transfers automatically to the named grantee beneficiary without probate. See A.R.S. § 33-405.

1. Confirm the legal description of your property from the most recent deed.
2. Prepare and sign an Arizona beneficiary deed naming your partner as the grantee beneficiary.
3. Record it with the county recorder before you pass.

Use powers of attorney

Authorize your partner to act if you cannot manage your finances or make health decisions.

Financial and medical powers of attorney let your partner manage money and make health care decisions if you are incapacitated. Without these documents, hospitals and banks follow statutory priority lists that exclude unmarried partners until after adult children, parents and siblings. Use our powers of attorney guide to prepare durable financial and health care powers naming your partner. See A.R.S. § 36-3231 for the surrogate decision list.

Update beneficiary designations and joint accounts

Coordinate your assets so everything flows according to your plan.

Review your payable-on-death (POD) and transfer-on-death (TOD) designations on bank accounts, retirement plans and life insurance policies. Designate your partner where appropriate. Remember that joint tenancy with right of survivorship can expose the account to your partner’s creditors and may complicate tax planning. A trust often provides more control.

Common mistakes and how to avoid them

Don’t assume your partner is covered; proactive planning prevents heartache.

• Counting on a non-existent common-law marriage to create rights.
• Adding your partner to your deed without understanding gift taxes or creditor risks.
• Never updating beneficiaries after marriage, divorce or a new child.
• Failing to retitle assets to your trust or to record a beneficiary deed.
• Forgetting to share copies of your documents and passwords with your partner.

What to do next

Pick one or more of these probate-free tools and put your wishes in writing.

• Already have a trust? Confirm your assets are titled properly.
• No trust yet? Compare living trusts to other options.
• Prefer a simple deed? Ask about a beneficiary deed and whether to name backup beneficiaries.
• Unsure about probate? Review our guide to Arizona probate.
• Don’t forget to prepare powers of attorney and a living will.

Key Arizona sources used

• Intestate share rules: A.R.S. § 14-2103
• Beneficiary deed law: A.R.S. § 33-405
• Health care surrogate priorities: A.R.S. § 36-3231