FAQ

Estate planning is the process of legally arranging how your assets will be managed, protected, and distributed during your lifetime and after your death. Without a plan, Arizona’s intestacy laws decide who inherits your property — and there’s a good chance these default rules do not reflect your wishes.

A comprehensive estate plan typically includes a revocable living trust, a last will and testament (or pour-over will), a durable financial power of attorney, a healthcare power of attorney, a living will, and a HIPAA authorization.

A will takes effect only at death and usually must go through probate. A revocable living trust takes effect immediately, allows you to manage assets during your lifetime, and avoids the probate process entirely when properly funded.

For many Arizona residents, a revocable living trust is the better choice. It avoids probate, provides for management of your assets if you become incapacitated, and offers greater privacy than a will, which becomes a public record upon probate.

The cost varies based on complexity and whether we are planning for spouses or an unmarried person. A basic will package for an elderly widow would cost a lot less than a trust-based estate plan for high-net-worth or blended-family situations. The cost of not planning, through probate fees and family conflict, is almost always greater.

You die “intestate,” and Arizona’s intestacy statutes in A.R.S. Title 14 control who receives your assets. The result may lead to unintended disinheritance, especially for blended families or for unmarried partners.

A durable power of attorney authorizes a person you choose (your “agent”) to manage your financial affairs if you become incapacitated. Without one, your family may need to petition the court for a conservatorship, a costly and time-consuming process we sometimes call a “living probate.”

A living will sets out your wishes for end-of-life medical care. It guides your healthcare agent and physicians when you cannot speak for yourself. Despite its name, it is a completely different document from a last will and testament.

You should name someone who is trustworthy, organized, and capable of handling financial and legal matters. Many clients name a spouse or adult child, with a professional corporate trustee as a backup for larger or more complex estates.

A trust allows you to hold assets for your children until they reach a responsible age, rather than distributing a lump sum at 18. You can also designate a guardian for minor children in your will — one of the most critical decisions a parent can make.

Yes — beneficiary designations on life insurance, retirement accounts (IRAs, 401(k)s), and payable-on-death accounts pass outside of your will entirely. Keeping these updated and aligned with your overall estate plan is essential.

A revocable living trust is a legal agreement you create to hold title to your assets. You serve as your own trustee during your lifetime, retaining full control. At your death, the successor trustee distributes the assets according to the trust terms — without probate or court involvement.

Yes. A trust that holds no assets is essentially an empty shell. Funding means re-titling your real estate, bank accounts, and investments into the name of the trust. An unfunded trust does not avoid probate.

Unlike a revocable trust, an irrevocable trust generally cannot be modified after it is created. It is used for specific planning goals such as estate tax reduction, Medicaid planning, asset protection, or charitable giving.

Blended families require careful drafting to balance the needs of a surviving spouse against the interests of children from a prior relationship. Without an estate plan, blended families would be subject to intestate succession which could omit your spouse or children.

Probably not. In Arizona, there is no estate or inheritance tax. The federal estate tax exemption as of 2026 is $15 million per individual and $30 million for married couples. For those whose estates are over the exemption amount, there are many techniques we can use to help you avoid estate taxes on your passing, including irrevocable trusts and lifetime gifting.

A pour-over will works in tandem with a living trust. It directs that any assets held outside the trust at your death be “poured over” into the trust and administered under its terms. It acts as a safety net for assets that were not transferred to the trust during your lifetime.

You should review your plan after any major life event — marriage, divorce, the birth of a child or grandchild, a death in the family, a significant change in assets, or a move to a new state. As a general rule, a review every three to five years is prudent.

Online forms can produce documents, but they rarely account for Arizona-specific law, your unique family dynamics, or the coordination of beneficiary designations, titling, and tax planning. An improperly drafted or unfunded plan can be worse than no plan at all. As Estate Planning attorneys, we don’t just fill out forms. We review your situation and talk through your goals, sometimes raising issues you never thought about. Estate planning is an intimate process. When you work with an experienced attorney, you’re not just getting legal documents, you’re getting guidance, empathy, perspective, and a plan that will truly serve you.

Probate is the court-supervised legal process of validating a will, paying debts, and distributing a deceased person’s assets. In Arizona, it is administered through the Superior Court in the county where the decedent resided, under A.R.S. Title 14.

An informal probate typically takes six to twelve months, depending on the size of the estate, the complexity of the assets, and whether any creditors or heirs contest the proceedings. Formal or contested probates can take several years.

Probate costs include court filing fees, personal representative fees, attorney fees, and appraisal costs. These can range from a few thousand dollars for a simple estate to tens of thousands for a complex one — and are paid from estate assets before distribution.

Assets titled solely in the decedent’s name, without a surviving joint owner or beneficiary designation, are generally subject to probate. Assets held in a living trust, joint tenancy, or with a named beneficiary (life insurance, IRAs, POD accounts) typically pass outside of probate.

Yes. Under A.R.S. § 14-3971, estates with personal property valued at $200,000 or less (and equity in real property of $300,000 or less) may qualify for a simplified affidavit procedure, bypassing formal probate entirely. However, if there are multiple heirs, this may not be the best option because everyone must sign the affidavit.

Informal probate is an administrative process handled largely without court hearings, and is available when there is a valid original will and no disputes. Formal probate requires court hearings and is used for contested matters, missing or invalid wills, or other complications.

The personal representative (called an executor in other states) is the court-appointed individual responsible for gathering assets, paying valid debts and taxes, filing required notices, and distributing the estate to beneficiaries according to the will or Arizona law.

The personal representative must publish a notice to creditors in a local newspaper once a week for three consecutive weeks (A.R.S. § 14-3801). Creditors then have four months from first publication (or sixty days from actual notice) to present claims.

Yes. Beneficiaries are entitled to notice of the proceedings, information about the estate, and an accounting of assets and distributions. If a personal representative fails to meet these obligations, beneficiaries have legal recourse.

Yes. A will can be contested on grounds including lack of testamentary capacity, undue influence, fraud, or improper execution.

Arizona law establishes a priority order for payment of debts (A.R.S. § 14-3805), beginning with costs of administration, then funeral expenses, then taxes, then expenses of the last illness, and then general creditor claims. Beneficiaries receive only what remains after all valid claims are satisfied.

When this is the case, the estate is said to be “insolvent” and debts will be paid in order of priority from remaining funds in the estate. Personal representatives and beneficiaries are not personally responsible for these debts.

Arizona is a community property state. Property acquired during marriage is generally owned equally by both spouses. At death, the decedent’s half of community property is subject to probate or trust administration, while the surviving spouse retains their half outright.

Real property titled solely in the decedent’s name usually must go through probate (or be transferred via a court-approved affidavit for smaller estates). Property held in a living trust, as joint tenancy with right of survivorship, or with a beneficiary deed passes outside of probate.

Yes. An Arizona beneficiary deed (A.R.S. § 33-405) allows a property owner to designate a beneficiary who automatically receives the real property at death, without probate. The designation can be changed at any time during the owner’s lifetime and does not affect current ownership rights. Using a beneficiary deed may create its own set of problems, however. We recommend that you consult an estate planning attorney before deciding if this is the best option for you.

No. By adding your child to the deed you may expose yourself to their creditors, lose control of your ownership, and create otherwise avoidable tax consequences for your child.

While Arizona allows individuals to handle their own probate, the process involves strict legal deadlines, court filings, creditor notice requirements, and potential liability for the personal representative. Most families benefit significantly from working with an experienced Arizona probate attorney to avoid costly errors and delays.

A trustee must administer the trust in accordance with its terms and Arizona’s Trust Code (A.R.S. Title 14, Chapter 11). Core duties include the duty of loyalty, the duty to invest prudently, the duty to account to beneficiaries, and the duty to treat beneficiaries impartially.

Arizona law does not set a rigid deadline, but trustees are expected to administer and distribute the trust within a reasonable time. Some trusts may be fully administered within six to twelve months; taxable estates often take longer due to estate tax return requirements.

Yes. Arizona law allows a trust to be challenged on grounds similar to those for wills — lack of capacity, undue influence, or fraud. Under A.R.S. § 14-10604, a trust contest must generally be brought within one year of the grantor’s death or 4 months after receiving a copy of the trust, notice of the trust’s existence, and the identity of the trustee.

A trustee’s accounting is a detailed financial report showing all income, expenses, and distributions of the trust. Under Arizona law, a trustee must provide an accounting to qualified beneficiaries at least annually and upon termination of the trust.

Trustees must immediately take control of all trust property, including real estate, securities, and tangible items, and keep them secure. This first step may require the Trustee to provide documentation qualifying them to serve. This is where we come in! We can help the successor trustee review the trust document in full, prepare a new certificate of trust that shows their authority to serve, and obtain a tax ID number from the IRS. From there, the trustee must open a trust administration bank account, notify beneficiaries and relevant institutions of the death and their role, and inventory and secure trust assets.

Yes. Under A.R.S. § 14-10813, a trustee must notify all qualified beneficiaries within 60 days of the grantor’s death. The notice must inform them of the trust’s existence, the trustee’s identity and contact information, and their right to request a copy of the relevant portions of the trust, and the right to a trustee’s report or accounting.

Potentially, yes. A trustee who breaches a fiduciary duty — through self-dealing, imprudent investment, failure to account, or improper distributions — can be held personally liable to beneficiaries for resulting losses. This is one of the most important reasons why successor trustees should work closely with an experienced trust administration attorney throughout the process.

Yes. Under A.R.S. § 14-10706, a court may remove a trustee who has committed a serious breach of trust, is unfit or unwilling to administer the trust effectively, has a persistent conflict of interest with the beneficiaries, or has so seriously damaged the beneficiary relationship that removal is in the best interest of the trust. Beneficiaries may also petition for removal.

A revocable living trust uses the grantor’s Social Security number during their lifetime. At the grantor’s death, the trust becomes irrevocable and must obtain its own EIN from the IRS. We don’t recommend doing this on your own, as it is easy to mess up and difficult to correct.

A trustee is typically responsible for filing: (1) the decedent’s final individual income tax return (Form 1040); (2) annual fiduciary income tax returns for the trust (Form 1041) for each year the trust earns income during administration; and (3) if applicable, a federal estate tax return (Form 706) if the gross estate exceeds the applicable exemption.

Trust assets cannot simply be distributed outright to a minor, as minors lack legal capacity to manage property. The Trust document may provide specific guidance on how the assets are to be managed for a minor or incapacitated person. Generally, a trustee should hold and manage the assets in trust until the beneficiary reaches the age specified in the trust. For a beneficiary with special needs, the trustee must take special care to preserve the beneficiary’s eligibility for government benefits such as SSI and Medicaid — ideally within a properly structured special needs trust.

Trust administration is complete when all debts and taxes have been paid, all required tax returns have been filed, and all assets have been properly distributed to the beneficiaries. Before making final distributions, a prudent trustee obtains signed receipts and releases from each beneficiary, which confirm receipt of their share and release the trustee from further liability.