What documents make up an Arizona estate plan?

Commonly a will (A.R.S. § 14-2502), often with a revocable trust (§ 14-10402, § 14-10602), beneficiary designations, a beneficiary deed for real property (§ 33-405), a power of attorney, and a health care power of attorney, with or without a living will (§ 36-3262).

Does an Arizona trust avoid probate?

Property titled to the trust passes under its terms without probate — real property by a deed to the trustee that discloses the beneficiaries and identifies the trust (A.R.S. § 33-404). Property left in the decedent's own name may need probate or, for a small estate, the affidavits of § 14-3971 ($200,000 of personal property thirty days after the death; $300,000 of real property six months after it).

Arizona Estate Planning: Wills, Trusts, Probate, Protection

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The building blocks of a Arizona estate plan

A Arizona will

A will directs who receives your property and names a personal representative, but it generally must pass through Arizona probate to take effect. It can also name guardians for minor children.

A revocable living Trust

A revocable living Trust holds your assets during life and passes them to your beneficiaries at death — generally outside probate — while you keep full control and can change it anytime. It is an administration and probate-avoidance tool, not asset protection.

Probate

Probate is the court process that settles a decedent's estate — proving the will, paying creditors, and distributing what remains. In Arizona the superior court appoints the personal representative, who publishes a notice to creditors (A.R.S. § 14-3801) and prepares the inventory (A.R.S. § 14-3706); small estates pass on affidavits (A.R.S. § 14-3971), and many plans aim to reduce or avoid probate.

Asset protection

Arizona protects some property by statute — the homestead exemption (A.R.S. § 33-1101), retirement plans and the cash value of life insurance and annuities for family (A.R.S. § 33-1126) and life insurance proceeds payable to a beneficiary (A.R.S. § 20-1131) — but each depends on facts, timing and titling, and a revocable Trust does not by itself shield assets from creditors (A.R.S. § 14-10505). This is an area to review with an Arizona attorney.

Powers of attorney & advance directives

A complete plan usually also includes a power of attorney for finances, a health care power of attorney and, if you wish, a living will (A.R.S. § 36-3262) — so someone you trust can act for you if you cannot, rather than the surrogate the statute names (A.R.S. § 36-3231).

Which plan is right in Arizona?

There is no single best plan for everyone — the right mix of will, Trust, and directives depends on your assets, your family, and your goals. This page is general information, not legal advice. A free role check can show you where you stand, and a Arizona attorney can recommend what fits your situation.

General information about Arizona law, not legal advice.

Frequently asked questions

What documents make up an Arizona estate plan?: Commonly a will (A.R.S. § 14-2502), often with a revocable trust (§ 14-10402, § 14-10602), beneficiary designations, a beneficiary deed for real property (§ 33-405), a power of attorney, and a health care power of attorney, with or without a living will (§ 36-3262).
Does an Arizona trust avoid probate?: Property titled to the trust passes under its terms without probate — real property by a deed to the trustee that discloses the beneficiaries and identifies the trust (A.R.S. § 33-404). Property left in the decedent's own name may need probate or, for a small estate, the affidavits of § 14-3971 ($200,000 of personal property thirty days after the death; $300,000 of real property six months after it).