Elective Share in Arizona
State-specific overview · Estate & Probate
Arizona treats most property as community property, eliminating traditional elective share rights.
How Arizona treats Elective Share
Arizona is a community property state, meaning most property acquired during marriage belongs equally to both spouses regardless of the will. This system largely replaces the need for an elective share right. The surviving spouse automatically owns their half of community property and may receive additional property through intestacy or the will. Separate property (owned before marriage or acquired by gift or inheritance) passes according to the will.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Arizona.