Protecting Your Estate: Last Will vs. Living Trust in Arizona: Which Is Right for You?

When it comes to protecting your assets and ensuring your wishes are carried out after you're gone, two documents dominate the conversation: the last will and testament and the revocable living trust. Both are legitimate, legally recognized estate planning tools in Arizona, but they work very differently, serve different purposes, and come with different advantages and drawbacks depending on your situation.

For Phoenix residents and Maricopa County homeowners, the choice between a will and a trust is one of the most consequential estate planning decisions you'll make. In this guide, The Legal Pass breaks down both options in plain language so you can make an informed decision, or have a more productive conversation with an estate planning attorney.

What Is a Last Will and Testament?

A last will and testament (commonly just called a "will") is a legal document that expresses your wishes about how your property should be distributed after your death, who should raise your minor children (the guardian), and who is responsible for administering your estate (the personal representative, formerly called the executor).

In Arizona, a valid will must meet the requirements of A.R.S. § 14-2501 through § 14-2517:

The person making the will (the testator) must be at least 18 years of age or a legally emancipated minor
The testator must be of sound mind at the time of signing
The will must be in writing
The will must be signed by the testator (or by another person at the testator's direction and in their conscious presence)
The signature must be made or acknowledged in the presence of at least two adult witnesses who also sign the will

Self-Proving Wills in Arizona

Arizona allows "self-proving wills," which include a notarized affidavit signed by the testator and witnesses at the time of execution. A self-proving will can be admitted to probate without requiring the witnesses to testify in court, making the probate process faster and less complicated for your family.

The Legal Pass recommends always notarizing your will to create a self-proving document, even though notarization is technically optional in Arizona.

Holographic Wills

Arizona also recognizes holographic wills, entirely handwritten and signed by the testator, with no witnesses required. While convenient in theory, holographic wills are prone to challenges and ambiguity and are generally not recommended for complex estates or families with potential disputes.

What Is a Revocable Living Trust?

A revocable living trust (RLT) is a legal arrangement in which you (the grantor or settlor) transfer ownership of your assets into a trust that you control during your lifetime. You typically serve as the trustee of your own trust, retaining full control over your assets while you are alive and competent. Upon your death or incapacity, a successor trustee you have named steps in to manage and distribute the trust assets according to your instructions.

"Revocable" means you can change, amend, or revoke the trust at any time during your lifetime, as long as you have legal capacity.

In Arizona, living trusts are governed by A.R.S. § 14-10101 et seq. (the Arizona Trust Code, based on the Uniform Trust Code).

The Critical Difference: Probate

The single most important distinction between a will and a living trust in Arizona is how each interacts with probate.

What Is Probate?

Probate is the court-supervised legal process through which a deceased person's estate is administered, debts are paid, and assets are distributed. In Arizona, probate cases are handled by the Maricopa County Superior Court (or the Superior Court in whichever county the deceased resided).

Arizona has two types of probate:

Informal probate: a streamlined, largely administrative process used when there are no disputes and the estate is relatively straightforward
Formal probate: a more involved, court-supervised process required when there are disputes, creditor claims, or other complications

Even "informal" probate in Maricopa County takes a minimum of four to six months to complete and involves filing fees, publication costs (a legal notice must be published in a Phoenix-area newspaper for a statutory period), and sometimes attorney fees.

Key point: A will goes through probate. A properly funded living trust does not.

When all of your assets are held in (or properly payable to) a living trust, there is nothing for the probate court to administer: the successor trustee can distribute assets directly to your beneficiaries without going to court at all.

Comparing Wills and Living Trusts in Arizona: A Detailed Breakdown

Probate

	Last Will	Living Trust
Goes through probate?	Yes	No (if properly funded)
Timeline	4–18 months minimum	Weeks to a few months
Cost	Court fees + potential attorney fees	No court costs for distribution
Privacy	Public record	Private

Winner for most Phoenix residents: Living Trust

Privacy

A will becomes a public document once it is filed with the Maricopa County Superior Court for probate. Anyone, including relatives, business competitors, creditors, and the general public, can access it. A living trust is a private document that is never filed with a court and never becomes public record.

For Phoenix business owners, high-net-worth individuals, and anyone who values privacy, this distinction matters enormously.

Winner: Living Trust

Control During Your Lifetime

Both a will and a living trust allow you to change your instructions at any time while you're alive and competent. A will can be amended with a codicil or replaced with a new will. A revocable living trust can be amended or revoked entirely.

However, a living trust also provides a major advantage for incapacity planning: because the trust owns your assets and your successor trustee is named in the document, your family can continue managing your finances seamlessly if you become incapacitated, without needing to go to court for a conservatorship.

A will only takes effect at death. If you become incapacitated with only a will (and no durable power of attorney), your family may have to go to the Maricopa County Superior Court for conservatorship.

Winner: Living Trust (for incapacity planning)

Ease of Creation and Cost

Wills are generally simpler and less expensive to create than living trusts. A basic will can be prepared relatively quickly. A living trust requires more planning and, critically, must be funded (meaning your assets must actually be transferred into the trust) to work properly.

Many people create a living trust but fail to fund it, meaning their assets still go through probate. This is one of the most common and costly estate planning mistakes in Phoenix.

Winner: Last Will (for simplicity and upfront cost)

However, keep in mind that the short-term savings from choosing a will over a trust are often dramatically outweighed by the long-term costs of probate, which in complex estates can run thousands of dollars.

Guardianship for Minor Children

If you have minor children, a will is the only place to name a guardian. A trust cannot name a guardian. If you have both a will and a living trust, your will handles the guardian designation (and is often called a "pour-over will," which "pours" any assets not already in the trust into the trust upon your death).

Winner: Last Will (for naming a guardian)

This means most people with minor children in Phoenix should have both a will and a trust.

Handling Out-of-State Property

If you own real property in another state, a vacation cabin in Colorado, rental property in California, or an investment parcel in Nevada, and you only have a will, your family will likely need to go through ancillary probate in each state where you own real property, in addition to the probate in Arizona. This multiplies complexity and cost.

If that same property is transferred into your living trust, it avoids ancillary probate entirely.

Winner: Living Trust (for multi-state property owners)

Phoenix's growth and its proximity to vacation destinations like Flagstaff, Sedona, and out-of-state properties makes this especially relevant for Maricopa County residents.

Arizona's Small Estate Procedures: An Alternative to Full Probate

Arizona does offer simplified procedures for small estates that can reduce or eliminate the need for formal probate in some cases:

Affidavit for Collection of Personal Property (A.R.S. § 14-3971): If an estate's personal property (bank accounts, vehicles, etc.) is valued at $75,000 or less, a successor can collect these assets using a sworn affidavit: no court involvement required. The affidavit cannot be used until 30 days after the decedent's death.
Affidavit for Transfer of Real Property (A.R.S. § 14-3971(E)): If the equity in Arizona real property is $100,000 or less, a simplified affidavit procedure may be available.

These procedures are helpful for modest estates but do not eliminate the complexities of probate for larger estates, which is where the majority of Maricopa County homeowners find themselves, given the Phoenix real estate market.

What Assets Does a Trust Cover?

One of the most important things to understand about a living trust is that it only controls assets that have been transferred into the trust (or that name the trust as beneficiary). Assets commonly held in an Arizona living trust include:

Your home and any other real property in Arizona (transferred via a deed recorded with the Maricopa County Recorder)
Bank accounts (re-titled in the trust's name)
Investment and brokerage accounts
Business interests
Valuable personal property
Out-of-state real property (via deed recorded in the applicable county)

Assets that generally pass outside of a trust (and outside of your will) by operation of law include:

Retirement accounts (IRAs, 401(k)s, 403(b)s): pass by beneficiary designation
Life insurance policies: pass by beneficiary designation
Jointly owned property with right of survivorship
Payable-on-death (POD) or transfer-on-death (TOD) bank or investment accounts

For these assets, the beneficiary designation controls the outcome, not your will or trust. Keeping your beneficiary designations up to date is one of the most overlooked but important aspects of estate planning for Phoenix residents.

Arizona Community Property Laws and Your Estate Plan

Arizona is one of nine community property states in the United States. Under Arizona law, most assets acquired during a marriage are considered community property, owned equally by both spouses.

This has significant implications for estate planning:

Community property assets receive a full step-up in cost basis at the death of either spouse, which can dramatically reduce capital gains taxes if appreciated assets (like a Phoenix home purchased decades ago) are eventually sold
Joint tenancy assets only receive a half step-up in basis, meaning the surviving spouse could owe more in capital gains tax upon sale
Community property with right of survivorship combines the tax advantages of community property with the automatic survivorship feature of joint tenancy, a popular option for married Phoenix couples

A well-drafted Arizona living trust can hold community property and preserve these important tax advantages. If you're married and own significant appreciated assets, including Phoenix real estate, make sure your estate plan accounts for community property rules.

Which Is Right for You? A Quick Guide for Phoenix Residents

Consider a Last Will if you:

Have a small or straightforward estate (under Arizona's small estate thresholds)
Have minor children and need to designate a guardian
Want the simplest, least expensive option upfront
Don't own significant real property or out-of-state property

Consider a Revocable Living Trust if you:

Own a home in Phoenix or elsewhere in Maricopa County
Want to avoid the time, cost, and public nature of probate
Own real property in multiple states
Want seamless management of your assets if you become incapacitated
Value privacy
Have a blended family or complex beneficiary situation
Want to minimize estate administration costs for your heirs

Consider Both if you:

Have minor children (always include a will to name a guardian)
Want the trust to be the primary vehicle but use a pour-over will as a safety net
Have complex or mixed asset portfolios

How The Legal Pass Helps Phoenix and Maricopa County Residents

The Legal Pass is a professional document preparation and mobile notary service serving residents throughout the Phoenix metropolitan area. We assist with the preparation of:

Last will and testament (including self-proving wills with notarization)
Revocable living trust agreements
Pour-over wills (companion wills for trust-based estate plans)
Durable financial power of attorney
Healthcare power of attorney
Arizona advance directives / living wills
Deed preparation to fund your trust (quitclaim deeds recorded with the Maricopa County Recorder)
Affidavit of trust / certification of trust
Beneficiary designation review and updates

We are not a law firm and do not provide legal advice. For complex estates, blended families, business succession planning, or tax minimization strategies, we always recommend consulting a licensed Arizona estate planning attorney. However, for straightforward document preparation and notarization throughout Phoenix, Mesa, Scottsdale, Tempe, Chandler, Gilbert, Glendale, Peoria, and Surprise. The Legal Pass is here to help.

Protect Your Family. Start Your Estate Plan Today.

The best estate plan is the one that actually gets done. Don't leave your family guessing or fighting over your wishes. Whether you start with a simple will or a comprehensive trust package, The Legal Pass makes the process easy, affordable, and professional, with mobile notary services available throughout Maricopa County at your convenience.

📞 Call or text us to schedule your consultation today.
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The Legal Pass is a document preparation service. We are not attorneys and do not provide legal advice. For personalized legal counsel, please consult a licensed Arizona estate planning attorney.