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). Assets held in a funded living trust pass to your beneficiaries without probate, whatever the size of the estate. Many Arizona homeowners set one up for that reason. 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 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 the surviving spouse, or if there is none the decedent's minor and dependent children (Ariz. Rev. Stat. § 14-2402), exempt from and with priority over all claims against the estate except expenses of administration.

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 in front of one adult witness and a Notary Public, all at the same time. The witness may not be your agent, your agent's spouse, any of your agent's children, or the notary. You sign, the witness signs the witness statement, and the notary completes the certificate for both of you.
4. Sign the health care documents. Sign and date your Advance Health Care Directive before a Notary Public. The notary may not be your health care agent and may not be anyone directly involved in providing your health care.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Arizona. Follow those as the authoritative guide.

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