Detailed answer — how Arizona law treats an estranged spouse when the divorce isn’t final

1. Marriage status at death controls legal rights

Arizona law looks to the decedent’s marital status at the moment of death. If the divorce action was still pending and no final decree or annulment had been entered, the deceased was still legally married. A pending divorce or separation does not, by itself, end the spouse’s legal status or most of the spouse’s statutory probate rights.

2. Intestate succession — the surviving spouse’s share

If the decedent died without a valid will (intestate), Arizona’s probate statutes govern who inherits. The surviving spouse is a primary heir and will generally inherit either the entire estate or a large portion of it depending on whether the decedent left surviving children or parents. These rules apply when the decedent was still married at death.

See Arizona Revised Statutes, Title 14 (Probate) for the statutory framework: https://www.azleg.gov/arsDetail/?title=14

3. Wills, trusts, beneficiary designations and divorce

Because the estranged spouse remained a spouse until a final decree, any existing will, trust, life‑insurance beneficiary designation, or retirement account that names the spouse will generally remain effective unless a statute, contract, or plan document provides otherwise. In many cases, the protections that would cut off a former spouse only apply after the divorce is final.

Example: If a decedent named his wife as the beneficiary of his life‑insurance policy but the divorce was still pending, the insurance company will usually pay the named beneficiary (the wife) unless the policy or law provides a contrary rule.

4. Community property and separate property

Arizona is a community‑property state. Property acquired during the marriage is presumptively community property. A pending divorce does not automatically transform community property into separate property. Upon death before the divorce is finalized, the surviving spouse typically retains the spouse’s community property interest and any community‑property half is not part of the decedent’s probate estate.

That means the surviving spouse may already own half of the community estate outside probate, and may also claim the decedent’s share of community property through the estate process.

5. Court‑approved separation agreements and property settlement agreements

If the parties signed a binding marital settlement or separation agreement that disposed of property and was enforceable even before the final decree, that agreement can change who gets what — even if the divorce is not finalized. Whether a signed agreement is enforceable depends on its terms and on Arizona contract and family law rules. A judge may enforce a valid settlement even before entry of the final divorce decree.

6. Practical consequences for heirs, personal representatives, and creditors

– Personal representative: The personal representative (executor/administrator) must recognize the surviving spouse’s rights and follow statutory claims such as homestead allowances, exempt property, and family allowance under Arizona probate law.

– Creditors: The surviving spouse may also face creditor claims against the estate; community property shares may be reachable for community debts depending on the circumstances.

– Disputes: If someone believes the decedent intended to disinherit the spouse, or there is a signed settlement that should control, those disputes often require a probate or family law court to resolve.

7. Where Arizona statutes and rules are most relevant

Key legal areas and statutes to consult include Arizona probate statutes (Title 14) and Arizona domestic relations statutes (Title 25), which address intestate succession, probate procedure, and marriage/divorce effects on property and testamentary documents. You can begin at these official statute pages:

• Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14
• Arizona Revised Statutes, Title 25 (Domestic Relations): https://www.azleg.gov/arsDetail/?title=25
• Arizona Courts: Probate self‑help information: https://www.azcourts.gov/selfservice/Probate

8. Typical hypotheticals

• If a husband and wife are separated and a divorce petition is filed but not finalized when the husband dies, the wife is still the surviving spouse. She can inherit under intestate statutes and remains named beneficiary of policies that list her by name.
• If the spouses signed a full property‑settlement agreement that clearly transferred all assets to the husband and the wife later died before the divorce was final, a court may enforce that agreement — but enforcement depends on whether the agreement was properly executed and intended to be binding.
• If a decedent executed a will leaving everything to a new partner but the decedent died before the divorce from the first spouse was final, the law may treat the first spouse as the surviving spouse with certain statutory protections. A court could still interpret the will, but contested distributions often go to litigation.

Helpful hints — steps to take and what to look for

• Confirm the marital status at death. Check whether a final divorce decree was entered before the date of death.
• Locate key documents: marriage certificate, any signed separation or property‑settlement agreement, wills, trusts, life‑insurance policies, retirement beneficiary forms, deeds and account statements.
• Determine community vs. separate property. Gather records showing when assets were acquired and whether funds came from community or separate sources.
• If you are the personal representative, protect the estate by giving required notices, filing an inventory, and addressing homestead/exempt property/family allowance claims available to the surviving spouse under Arizona probate law.
• If you are a potential heir or an estranged spouse, consider immediate legal advice before the estate distributes assets — issues can be time‑sensitive.
• If there was a signed settlement or written agreement, bring it to a probate or family law attorney for review — it may change enforceable rights even without a final decree.
• Update estate planning documents and beneficiary designations after a divorce is final to make your intentions clear going forward.