Are Beneficiary Designations Protected in Arizona?
Arizona automatically revokes an ex-spouse as beneficiary at divorceA.R.S. § 14-2804Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
A beneficiary designation on life insurance, a retirement account, a payable-on-death bank account or a transfer-on-death brokerage account decides who receives that asset at death, in Arizona as everywhere. The designation controls over the will or trust, and an outdated one stays in force whatever the other documents say.
Yes. Arizona automatically revokes an ex-spouse as beneficiary on divorce for these asset types: life insurance, retirement accounts, pod accounts, tod accounts, annuitiesA.R.S. § 14-2804Verified Sep 15, 2026View source. An ERISA-governed employer plan (a 401(k), a pension) follows federal law instead and must be updated by hand whatever the state rule says.
Arizona is a community property state, but it does not require a spouse's consent to name a non-spouse beneficiaryA.R.S. §§ 25-211, 25-214(C), 14-6216; A.R.S. §§ 38-755(C), 38-776 (ASRS members only); 29 U.S.C. § 1055 (ERISA § 205)Verified Sep 15, 2026View source: each spouse manages their own community property, and the other spouse's claim to half of a community-funded asset is raised after death rather than through a consent form. The federal Employee Retirement Income Security Act (ERISA) preempts state law for an employer-sponsored plan such as a 401(k), a pension or group life insurance: the plan pays the designation on file with the plan administrator, and a qualified plan requires the spouse's consent to name anyone else (Egelhoff v. Egelhoff, 2001; Kennedy v. Plan Administrator, 2009).
Yes. Arizona gives inherited IRAs full statutory protection from creditorsA.R.S. § 33-1126(B)Verified Sep 15, 2026View source. After Clark v. Rameker (2014) held that federal bankruptcy law does not protect an inherited IRA, the state statute is the shield.
Yes. Arizona applies a per stirpes default to beneficiary designationsA.R.S. § 14-2706; § 14-2709Verified Sep 15, 2026View source: when a named beneficiary dies before the account holder, that beneficiary's share passes to their descendants rather than to the other named beneficiaries.
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Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
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Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn moreForms for Planning Your Estate in Arizona
Free forms for planning your estate in Arizona: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Arizona, a will is signed before 2A.R.S. § 14-2502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyA.R.S. § 14-2502Verified Oct 18, 2026View source.
Healthcare Power of Attorney
Arizona allows a choice for a healthcare power of attorney: 1ARS § 36-3224Verified Oct 15, 2026View source witness or a notary.
Financial Power of Attorney
Arizona requires explicit durability language for a power of attorney to survive incapacityA.R.S. § 14-5501 through § 14-5506; A.R.S. §§ 14-13109, 14-13110 (RUFADAA)Verified Sep 18, 2026View source, and it is signed before 1A.R.S. § 14-5501 through § 14-5506; A.R.S. §§ 14-13109, 14-13110 (RUFADAA)Verified Sep 18, 2026View source witness and a notary.
Transfer on Death Deed
In Arizona, a beneficiary deed is signed before a notaryA.R.S. 33-405Verified Oct 18, 2026View source, then recorded with the county before the owner's deathA.R.S. 33-405Verified Oct 18, 2026View source.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
Living Will
In Arizona, the living will is the Living WillAriz. Rev. Stat. title 36, ch. 32, art. 5 (§§ 36-3261, 36-3262); general provisions art. 1 (§§ 36-3201 to 36-3211)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Tools for Planning Your Estate in Arizona
Free tools for planning your estate in Arizona: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Arizona runs $3,760Estimate: 10 hours at $376, Clio's Arizona Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,640Estimate: 15 hours at $376, Clio's Arizona Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,173Estimate: 3 hours at $391, Clio's Arizona Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,346Estimate: 6 hours at $391, Clio's Arizona Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Arizona, four years at a public university cost about $103,336NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax. Arizona's estate and generation-skipping tax (A.R.S. Title 42, Chapter 4) was repealed outright by Laws 2006, Ch. 262, § 3 (S.B. 1170), retroactive to taxable years beginning after Dec. 31, 2005 — Title 42 has no Chapter 4 today. Arizona imposes no inheritance or gift tax (ADOR Publication 900).Verified Sep 15, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Arizona costs an estimated $27,670A.R.S. §§ 14-3719, 14-3721 (reasonable compensation; court review of reasonableness)Verified Sep 8, 2026View source. Attorney fees run 2.2%A.R.S. §§ 14-3719, 14-3721 (reasonable compensation; court review of reasonableness)Verified Sep 8, 2026View source to 3.5%A.R.S. §§ 14-3719, 14-3721 (reasonable compensation; court review of reasonableness)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Arizona, a surviving spouse takes the entire estateA.R.S. § 14-2102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita at each generationA.R.S. § 14-2106Verified Sep 10, 2026View source.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Arizona runs $3,760Estimate: 10 hours at $376, Clio's Arizona Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,640Estimate: 15 hours at $376, Clio's Arizona Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Arizona runs $1,173Estimate: 3 hours at $391, Clio's Arizona Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,346Estimate: 6 hours at $391, Clio's Arizona Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $27,670A.R.S. §§ 14-3719, 14-3721 (reasonable compensation; court review of reasonableness)Verified Sep 8, 2026View source.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
How Do I Name a Guardian for My Minor Children?
In Arizona, a parent names a guardian for a minor child in a willA.R.S. §§ 14-5202, 14-5203, 14-5204(B), 14-5410(A)(6)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18A.R.S. § 1-215(19)Verified Sep 15, 2026View source.
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Arizona Estate Planning Resources
In-depth guides covering Arizona probate laws, trust requirements, and estate planning strategies.