Arizona living trusts & estate documents

Living trust law in Arizona

A revocable living trust holds your home, accounts, and other property during your life — you stay in full control as trustee and can change or revoke it any time — then passes it to your beneficiaries without probate when you're gone. In Arizona, trusts are governed by the Arizona Trust Code, A.R.S. Title 14, Chapter 11.

Avoiding probate in Arizona

Probate in Arizona is governed by the A.R.S. Title 14 and handled by the Superior Court. See state probate code for administration options.

Arizona allows collection by affidavit for personal property of $200,000 or less (30 days after death), and transfer of real property with equity of $300,000 or less by separate affidavit six months after death (A.R.S. § 14-3971). That simplified procedure is set out in Collection by affidavit, A.R.S. §14-3971 — $75,000 personal property / $100,000 real property. A funded living trust passes outside probate entirely, whatever the size of the estate — which is why Arizona homeowners in particular set one up. Arizona also authorizes a beneficiary deed (Ariz. Rev. Stat. § 33-405) to pass real estate outside probate — a living trust does the same for every asset, not just real estate.

In Arizona, creditors generally have 4 months after the first published notice to creditors (with a 2-year outside limit from death) to file claims against the estate (A.R.S. § 14-3803) — one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in Arizona

Arizona imposes no estate tax and no inheritance tax: Arizona has no estate or inheritance tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Community property in Arizona

Arizona is a community property state. Property acquired during marriage is generally community property, and the joint trust's Section 1.03 preserves each asset's character.

Protecting a surviving spouse in Arizona

Arizona also sets aside a homestead allowance of $18,000 for a surviving spouse and minor children (Ariz. Rev. Stat. § 14-2402), protected ahead of most creditors.

Signing your Arizona documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Advance Health Care Directive before a Notary Public.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Arizona — follow those as the authoritative guide.

Serving all of Arizona

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