Yes—you can generally disinherit an adult child in Arizona. Arizona law gives broad freedom to decide who inherits your property. Adult children have no automatic right to a share of your estate.
To do it effectively, the disinheritance should be clear and intentional. Simply omitting a child’s name is risky because of the “pretermitted child” rules (which can protect a child born or adopted after the will or trust was signed, or in some cases a child the parent appears to have forgotten). The stronger approach is to name the child and expressly state that you are intentionally leaving them nothing (or only a nominal amount).
Minor children are different. Arizona provides certain protections and allowances for minors, so complete disinheritance of a minor is more limited and should be handled carefully with legal advice.
Note on spouses: You cannot fully disinherit a surviving spouse in the same way. Arizona’s community property rules and elective share / homestead / family allowance protections give a surviving spouse significant rights that cannot be completely eliminated by a will or trust alone.
Clear drafting is essential. An experienced estate planning attorney can help you accomplish your wishes while reducing the risk of a successful challenge..
Legal Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship with Fountain Hills Law Firm. Legal outcomes vary based on individual circumstances, and readers should consult an attorney regarding their specific situation.
