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Estate Planning ResearchSource: Arizona Revised Statutes Title 14, Ch. 2 (Intestate Succession)

Guide to arizona intestacy law for Muslim families — primary source data

Arizona is a community-property state; intestacy rules separate community and separate property. A spouse with children from a prior relationship inherits half of the deceased's separate property and none of the deceased's half of community property.

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Analysis

Full intestacy table for Arizona (AZ) is rendered on /islamic-prenup/arizona. Arizona is a community-property state; intestacy rules separate community and separate property. A spouse with children from a prior relationship inherits half of the deceased's separate property and none of the deceased's half of community property. Notice what is missing from every U.S. state intestacy framework: Faraid. The Quranic shares for parents (each 1/6 minimum when children survive), for siblings under various configurations, and for the spouse (1/4 wife with children; 1/8 wife without; 1/2 husband with children; 1/4 husband without) are simply not implemented. The only way to bring Faraid back is a state-law-valid Islamic will, paired with an elective-share waiver for the surviving spouse (typically in an Islamic prenup or postnup). Regime classification: community-property.

Key Takeaways

  • 1Arizona is a community-property state.
  • 2Intestacy controlling statute: Arizona Revised Statutes Title 14, Ch. 2 (Intestate Succession).
  • 3Without an Islamic will, Arizona's intestacy rules will distribute the estate — Faraid is not the default.
  • 4An Islamic prenup with elective-share waiver is required to fully preserve Faraid against the surviving-spouse claim.

Key Statistics

regimecommunity-property
state codeAZ

U.S. Market Relevance

Primary source data for /islamic-prenup/arizona state page intestacy table.

Estate planning hub

Citation

State of Arizona (legislature). Arizona Revised Statutes Title 14, Ch. 2 (Intestate Succession).

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