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Real Estate: Arizona/Who gets the house if spouse dies?


Hello Bill,
My wife owns a house in Phoenix, Arizona, that she rents out. The house is in her name only. If she should die, and we don't have a will, would I get the house. I want to know if I should have her make a will just in case something should ever happen.
Best wishes,

Arizona is a Community Property state. All property acquired during marriage, except that is acquired by gift, devise or descent, is presumed to be Community Property.  If she acquired it before marriage that is a different story.

When a spouse dies, the surviving spouse takes one-half of all Community Property and the other half goes to the deceased's estate and passes to whoever is named in will or through intestate succession.

If she acquired as her separate property, it would go to the deceased's estate and passes to whoever is named in the will.

This is not intended to be legal advice.

Real Estate: Arizona

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Bill Iannelli


Anything to do with residental real estate: Disclosure, title issues, buyer and seller representation, foreclosure, ethics, rentals, landlord rights, evictions, inspection, time frames, Arizona purchase contract. For buying and selling in Arizona contact me at


27 years in the business. Broker owner of Iannelli and Associates. Radio host, expert witness and certified real estate instructor at the Arizona School of Real Estate and Business. Own my own portfolio of real estate, developer of apartments, commercial real estate and single family homes.

National Association of Realtors, Member of both the Phoenix and Prescott multiple listing service.

Desert Advocate Newspaper Carefree Arizona. Question and answer column. Broker agent news, TV and radio stations.

Licensed Real Estate Broker, BS in Education, certified real estate instructor for the Arizona School of Real Estate.

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Don't want to brag. Not important to the public. They want answers and advice not me telling them how many millions of dollars of real estate I have sold.

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