A. If an applicable statute or a governing instrument calls for a present or future distribution to or creates a present or future interest in a designated individual’s heirs, heirs at law, next of kin, relatives, or family, or by similar language, the property passes to those persons, including the state, who would inherit the designated individual’s intestate estate under the intestate succession law of the designated individual’s domicile if the designated individual died when the disposition is to take effect in possession or enjoyment. The property passes to those persons in the proportion described by the laws of intestate succession.

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Terms Used In Arizona Laws 14-2711

  • Governing instrument: means a deed, will, trust, insurance or annuity policy, account with pay on death designation, security registered in beneficiary form, pension, profit sharing, retirement or similar benefit plan, instrument creating or exercising a power of appointment or power of attorney or supported decision-making agreement or a dispositive, appointive or nominative instrument of any similar type. See Arizona Laws 14-1201
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Intestate: Dying without leaving a will.
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • State: means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico. See Arizona Laws 14-9101
  • Statute: A law passed by a legislature.

B. If the designated individual’s surviving spouse is living but is remarried at the time the disposition is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual.