If you pass away without a will in Arizona, the state’s intestate succession laws determine how your assets are distributed and who will care for your minor children. This process can lead to outcomes that may not align with your personal wishes.
What Happens to Minor Children Without a Will in Arizona?
#1-Guardianship Determined by the Court
In the absence of a will naming a guardian, Arizona courts are responsible for appointing one for your minor children. While the court often gives preference to close family members, disputes among relatives can lead to contentious custody battles, prolonging the process and adding stress during an already difficult time.
The appointed guardian will have the authority to make decisions regarding your child’s education, healthcare, and general welfare. However, without your explicit input, the court’s decision may not reflect your preferences or values.
#2-Inheritance Managed Through Conservatorship
Minor children cannot directly inherit property. If you die intestate, the court will appoint a conservator to manage your child’s inheritance until they reach adulthood. This conservatorship is subject to court oversight, including annual accountings, which can be both time-consuming and costly.
Alternatively, assets can be managed through a custodianship under the Arizona Transfers to Minors Act or placed in a trust. Trusts offer more flexibility, allowing you to set terms for how and when your children receive their inheritance, potentially extending beyond the age of 18.
Why Creating a Will Is Crucial
Drafting a will allows you to:
- Appoint a Guardian: Ensure your children are cared for by someone you trust.
- Establish Financial Plans: Set up trusts or designate custodians to manage your children’s inheritance according to your wishes.
- Minimize Family Disputes: Provide clear instructions to prevent potential conflicts among surviving relatives.
Without a will, you relinquish control over these critical decisions to the state, which may not align with your personal desires or your children’s best interests.
Taking Action
To protect your minor children and ensure your wishes are honored, consider consulting with an estate planning attorney in Arizona. They can assist you in drafting a comprehensive will that addresses guardianship and the management of your children’s inheritance.
For more information on guardianship proceedings, you can visit the Maricopa County Superior Court’s Juvenile Department.
Remember, proactive planning provides peace of mind and safeguards your children’s future.