Property OwnershipIntermediateArizona Exam

In Arizona, what happens to community property when one spouse dies without a will?

AAll property goes to the surviving spouse

BThe deceased's half passes to their children, not the spouse

CThe deceased's half of community property passes to the surviving spouseCorrect

DThe state takes possession through escheat

Why The deceased's half of community property passes to the surviving spouse Is Correct

Answer C: The deceased's half of community property passes to the surviving spouse

Under Arizona intestate succession law, the deceased spouse's half of community property passes to the surviving spouse. However, separate property follows the intestate succession rules, which may divide it among heirs.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

Key Property Ownership Terms in This Question

Community Property

In community property states, most property acquired during marriage is owned equally by both spouses, regardless of who paid for it.

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Key Terms to Know

Community Property

In community property states, most property acquired during marriage is owned equally by both spouses, regardless of who paid for it.

Joint Tenancy

Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.

Deed

A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).

Easement

A non-possessory right to use another person's land for a specific purpose.