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Estate planning cases we handle.
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Wills
Drafting and updating your last will and testament.
Trusts
Revocable living trusts, irrevocable trusts, special-purpose trusts.
Probate
Settling an estate after a loved one's death.
Power of Attorney
Authorizing someone to act on your behalf.
Advance Directives
Healthcare directives and living wills.
Guardianship
Caring for minors or incapacitated adults.
Estate Tax Planning
Reducing estate and inheritance tax exposure.
Estate Administration
Managing an estate through to distribution.
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Get legal helpUnderstanding estate planning in Arizona
What does estate planning cover?
Estate planning is the work of deciding, in advance, two things: what happens to your property after you die, and who makes decisions for you if you are alive but cannot make them yourself. The first is handled through documents like wills, trusts, and beneficiary designations. The second is handled through powers of attorney and health care directives. Together they make up a plan.
It is not only for the wealthy, and it is not really about death. The practical purpose of an estate plan is to take hard decisions off the plate of people who will be grieving, and to keep private family matters out of a public court process. Anyone with a home, savings, young children, or strong preferences about their own medical care has an estate to plan, whether or not they think of it that way. The questions below cover how the pieces work in Arizona.
What documents make up an estate plan?
A few core documents do most of the work, and each does a different job. A will directs who receives your property, names a personal representative to carry out your wishes, and, for parents, nominates a guardian for minor children. To be valid in Arizona a typed will must be signed by you and by two witnesses, though Arizona also recognizes a handwritten, or holographic, will as valid without witnesses if the signature and the key provisions are in your own handwriting.
A revocable living trust holds your assets during life and passes them at death without going through probate, which is the main reason people use one. It only covers assets actually titled in the trust's name. A durable financial power of attorney lets someone you choose manage money and property if you become unable to. A health care power of attorney does the same for medical decisions, and a living will records your wishes about end-of-life care. Beneficiary designations on retirement accounts and life insurance pass those assets directly, outside the will entirely.
Which of these a given person needs, and how they should fit together, depends on the family, the assets, and the goals. That is a question for an attorney, not a form.
What happens if you die without a will in Arizona?
Your property still goes somewhere; it just goes where the state's default rules send it rather than where you might have chosen. Dying without a will is called dying intestate, and Arizona's intestacy statute, A.R.S. § 14-2102, decides who inherits.
For many families the result is straightforward: if you are married and all of your children are also your spouse's children, or you have no children, your spouse inherits everything. The surprise is in blended families. If you have a child from another relationship, your spouse keeps their own half of the community property but takes only half of your separate property, and your share of the community property passes to your children rather than your spouse. In practice that can mean the home a surviving spouse lives in becomes partly owned by stepchildren. Without a will, the court also decides who raises minor children, rather than a guardian you named. A minor also cannot manage an inheritance directly. Without a trust or similar arrangement in place, the court appoints someone to hold those assets under its supervision until the child turns 18, at which point the child receives whatever remains outright. None of this is anyone's plan; it is the absence of one. How Arizona's default rules would apply to a particular family, and what a will or trust would change, is something an attorney can walk through.
How does probate work in Arizona, and can it be avoided?
Probate is the court-supervised process of proving a will, paying debts, and transferring what is left to the people who inherit it. Arizona offers an informal version for uncontested estates, which moves with limited court involvement, and a formal version for estates that are disputed or complicated. Even a straightforward probate has a built-in floor: the personal representative must give creditors four months to come forward before the estate can close, so an uncontested case commonly runs about six months to a year, and a contested one longer.
A good deal of property can pass without probate at all. Arizona's small estate affidavit, under A.R.S. § 14-3971, lets heirs collect assets without opening a probate case when the estate is modest: as of a 2025 change, up to $200,000 in personal property, claimed after 30 days, and up to $300,000 in real property equity, claimed after six months. Beyond that, several tools move specific assets directly. A beneficiary deed under A.R.S. § 33-405 passes Arizona real estate to a named person at death. Payable-on-death and transfer-on-death designations do the same for bank and investment accounts, and a living trust avoids probate for everything titled in it. Which of these fits a given estate is a question for an attorney with the full picture.
Does Arizona have an estate or inheritance tax?
No. Arizona does not impose a state estate tax, an inheritance tax, or a gift tax. The only death tax that can reach an Arizona estate is the federal estate tax, and it applies to very few people.
Under federal law for 2026, the estate and gift tax exemption is $15 million per person, or about $30 million for a married couple, a level set by a 2025 federal tax law and adjusted for inflation going forward. An estate pays federal tax only on the amount above the exemption, at rates topping out at 40 percent. The result is that the large majority of Arizona estates owe no estate tax at all. For the few estates approaching those figures, the planning is real and specific, and it is a question for an attorney working alongside a tax professional rather than something to settle from a web page.
What does an estate planning lawyer cost?
It splits cleanly by the kind of work. Planning documents are usually handled for a flat fee, so you know the cost up front: a basic will package costs less than a full revocable trust package, and the price reflects the complexity of the estate rather than its size. Probate and estate administration, which happen after a death, are usually billed by the hour or as a fee the court reviews for reasonableness. Arizona does not set probate fees as a fixed percentage of the estate the way some states do, which tends to keep costs tied to the actual work involved.
Unlike injury or many employment cases, estate work is not taken on contingency, because it is about arranging or settling property rather than recovering an award. Fees and scope are set in the agreement between you and the attorney you hire, and an attorney explains the cost before any engagement begins.
How does a lawyer referral service work for an estate matter?
A lawyer referral service connects people with attorneys who have already been screened against objective standards. The model has run for decades, mostly through bar associations, and the American Bar Association publishes the model standards that legitimate referral services are built to meet.
Estate matters call for different lawyers at different moments. The attorney who drafts a clean trust is not necessarily the one who handles a contested probate or a will dispute, and the work of planning ahead is not the work of settling an estate under deadline. A referral service built to ABA standards confirms what a family cannot easily check from the outside: state bar standing, malpractice insurance, real experience with the kind of matter at hand, and a court history consistent with that experience. LegalHelp.ai runs that screening on every attorney in the network before they ever receive a referral. The attorneys stay independent, and when you hire one, the representation is between you and them.
Matching through LegalHelp.ai costs the consumer nothing. The service is paid by the attorneys in the network, not by the people it matches. Whether you are planning ahead with time to think or settling a loved one's estate on a clock, the practical difference is footing: the search happens once, against real standards, and the first conversation starts with your case instead of a stranger's resume.
Common questions about estate planning.
Estate planning is typically billed at flat fees for specific documents or hourly rates for complex plans. Simple wills and powers of attorney are often flat-fee. Complex trusts, tax planning, and probate administration are usually billed hourly. Initial consultations through our network are free.
A will directs how your assets are distributed after death and typically goes through probate. A trust can hold assets during your lifetime and pass them to beneficiaries without probate. Many people use both, with the right combination depending on your assets, family situation, and goals. An attorney can walk you through what fits your situation.
You're considered to have died "intestate," and your assets are distributed according to Arizona's intestate succession laws under A.R.S. Title 14. Who inherits depends on your family situation, including whether you have a surviving spouse, children, parents, or other relatives, and on whether assets are community or separate property. An attorney can explain how the rules apply to your situation.
Informal probate typically takes six months to a year. Formal probate, which involves disputes or court hearings, can take a year or longer. Arizona law requires a minimum four-month creditor claim period, which sets the floor for how quickly an estate can close. An attorney can give you a clearer estimate based on the estate.
Sometimes. Arizona allows simplified transfer through a small estate affidavit when personal property is at or below $200,000 and real property equity (value minus liens) is at or below $300,000. Trusts, beneficiary designations, and joint ownership can also pass assets outside of probate. An attorney can help you understand what applies to your situation.
That depends on your goals and the complexity of your estate. Estate planning attorneys handle everything from simple wills to complex trusts and probate matters. A consultation is the right way to find out if your situation fits. Initial consultations through our network are free.
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