Can I disinherit my spouse or child in Arizona?

1. Spousal Disinheritance. Arizona is a community-property state. Under A.R.S. § 25-211, property acquired during marriage is community property, owned in equal undivided shares. A decedent may devise only their one-half of community property and their separate property. Arizona has no elective share statute.

2. Augmented Estate. Arizona has not adopted the UPC augmented-estate framework. Community-property classification serves the partnership-theory purpose.

3. Election Procedure. No formal election; the surviving spouse asserts community-property rights through probate or non-probate administration.

4. Pretermitted Child. Under A.R.S. § 14-2302, a child born or adopted after execution of the will and not provided for receives a share equal to their intestate share unless the omission was intentional or provided for outside the will.

5. Intentional Disinheritance of Child. Adult and known children may be entirely disinherited; no forced heirship.

6. Louisiana Forced Heirship. Does not apply in Arizona.

7. Prenuptial / Postnuptial Waiver. Arizona has adopted the Uniform Premarital Agreement Act at A.R.S. § 25-201 et seq.; waivers are enforceable with voluntary signing and adequate disclosure.

8. Homestead, Family Allowance, Exempt Property. Homestead allowance of $18,000 under A.R.S. § 14-2402, exempt property up to $7,000 under § 14-2403, and family allowance under § 14-2404, all in addition to community-property rights.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, or improper execution under A.R.S. § 14-3407; contest period limited by probate code procedures.

This is legal information, not legal advice.