Arizona recognizes the complexities faced by unmarried couples. These couples might have different legal protections than married couples enjoy, so estate planning becomes even more essential. From designating beneficiaries to understanding property rights and establishing healthcare proxies to creating living wills, these tools allow partners to ensure that their wishes are honored, and their loved one’s rights are protected, even in the face of unforeseen circumstances.

Navigating the Legal Hurdles: Unmarried Couples and Estate Planning in Arizona

To navigate these challenges successfully, unmarried couples in Arizona must be proactive. Seeking a professional estate planner familiar with the intricacies of Arizona’s estate laws can provide invaluable guidance. Let’s dive deeper into these essential instruments and understand their significance for cohabiting couples.

  1. Wills: Often the cornerstone of any estate plan, a will provides a clear roadmap of how an individual wants their assets distributed upon death. For unmarried couples, this is particularly vital. Without a will, the state’s default intestacy laws dictate asset distribution, which might bypass the surviving partner in favor of blood relatives.
  2. Living Trusts: While wills declare how assets should be divided, living trusts dictate how those assets are managed both during one’s lifetime and after. For unmarried couples, establishing a trust ensures that assets are directly transferred to the surviving partner without the lengthy and sometimes costly probate process. Plus, trusts offer an additional layer of privacy, as their contents aren’t public records.
  3. Power of Attorney (POA): Life can be unpredictable, and there might come times when one partner cannot make financial or legal decisions. A power of attorney grants one partner the legal authority to act on behalf of the other. This provision ensures that decisions can be made even in the face of adversity without unnecessary legal hindrances.
  4. Healthcare Directives and Medical POA: Medical crises can strike unexpectedly, rendering someone incapable of expressing their health-related preferences. Healthcare directives specify an individual’s wishes regarding medical interventions, life-sustaining measures, and other healthcare decisions. Coupled with a medical power of attorney, which allows one partner to make medical decisions for the other, these tools ensure that both partners’ health preferences are respected even when they cannot speak for themselves.
  5. Beneficiary Designations: Often overlooked but immensely significant, many assets, like life insurance policies, retirement accounts, and certain bank accounts, are transferred based on beneficiary designations. Unmarried couples should regularly review and update these designations to ensure their partner is the intended recipient.
  6. Guardianship Wishes: For couples with minor children, it’s pivotal to establish who will assume guardianship if both parents pass away. Without clear documentation, the state might step in to decide, potentially sidelining the surviving partner if they aren’t the biological parent.
  7. Cohabitation Agreements: A proactive step for unmarried couples, this agreement outlines each partner’s financial and property rights. It can stipulate how assets and responsibilities are divided during the relationship and in the event of separation or death.

By carefully crafting and regularly updating these documents, unmarried couples can build a robust safety net. It ensures that their wishes, and those of their partner, are protected and upheld in various scenarios. Consulting with estate planners familiar with Arizona’s estate planning laws can further solidify this foundation, providing peace of mind in an often-complex legal landscape.

Frequently Asked Questions

  1. What does estate planning entail? Estate planning encompasses organizing your assets and determining their distribution after your death or in the case of your incapacity.
  2. Why is estate planning important for unmarried couples in Arizona? Without a legal marriage, unmarried couples don’t have the automatic inheritance rights that married couples do. Estate planning can protect partners’ rights and properties.
  3. What are the critical estate planning documents for unmarried couples? The key documents include wills, trusts, power of attorney, and health care directives.
  4. What are the tax implications for estate planning? The tax implications can vary based on factors like the total estate value, type of assets, and the beneficiary’s relationship to the deceased.
  5. How can an estate planning attorney help? An estate planning attorney can provide legal advice, help draft critical documents, and ensure your estate plan aligns with Arizona laws.
  6. Should unmarried couples opt for joint property ownership? While joint property ownership can simplify the transfer of assets, it has potential drawbacks. It’s best to consult with a legal professional to understand all implications.

Estate planning for unmarried couples in Arizona is a crucial but often overlooked aspect of safeguarding partners’ rights and properties. With the proper knowledge and professional advice, you can ensure that your estate plan aligns with your wishes and provides for your loved ones.


Mark Fishbein, owner of ALTA Estate, has emphasized the importance of meticulous estate planning for unmarried couples in Arizona. His profound understanding of the intricate legalities involved has aided numerous couples in navigating the complexities of estate planning without the legal safety net marriage traditionally offers. As Mr. Fishbein frequently states, “Your relationship status shouldn’t deter you from ensuring your partner’s future security.” Every relationship is unique, and in a state with such specific laws as Arizona, it’s imperative to have a tailored estate plan that stands up to potential challenges. Thanks to professionals like Mark, unmarried couples can confidently safeguard their shared future, knowing their rights and properties are protected regardless of marital status. As Mr. Fishbein often advises, “Plan for tomorrow today, so you can continue living in the moment together.”

The text above is for general informational purposes and should not be considered legal advice. For more information, click Contact Us. Follow Mark Fishbein Tucson on LinkedIn or Facebook.