Do I Need a Will or a Trust in Arizona?
Estate planning can feel overwhelming—especially when you're faced with legal terms like "will" and "trust." Which one do you really need? And what’s the difference?
If you live in Arizona and are thinking about creating or updating your estate plan, this article breaks down the pros and cons of wills vs. trusts in plain English. You’ll walk away knowing what each one does, how they work in Arizona, and which may be right for your family’s goals.
What is a Will in Arizona?
A Last Will and Testament is a legal document that outlines who will inherit your assets when you pass away. It also allows you to name a guardian for your minor children and appoints a personal representative (also called an executor) to handle your estate. This could include things like dealing with taxes, mail, final arrangements, and the business side of dying. Without proper estate planning, your personal representative may also be in charge of carrying out the probate of your estate. Many people do not realize that a will must go through probate, which is a court-supervised process for validating the will, paying any debts, and distributing assets. This means your estate will be part of the public record, and your loved ones will face delays and expenses.
What is a Trust in Arizona?
Our clients commonly use a tool called a Revocable Living Trust. A Revocable Living Trust is a legal entity that you are in charge of, that you own, and control for your whole life. It can be changed (amended) or cancelled completely (revoked) if you ever change your mind (or your kids make you mad). You can place your assets in the trust during your lifetime. You retain control as the trustee while you’re alive and well, but if you become incapacitated or pass away, a successor trustee takes over without the need for court involvement. Because a Revocable Living Trust is a legal entity, it can never die which means there is no probate.
Trusts are especially popular because they avoid probate, maintain privacy, and allow for detailed planning about how and when your assets should be distributed. They can be especially useful if you own real estate, have minor children, or want to prevent future legal disputes.
Wills vs. Trusts: A Quick Comparison
Avoids Probate?
Wills: ❌ No
Trusts: ✅ Yes
Private?
Wills: ❌ No
Trusts: ✅ Yes
Guidelines About How Funds are Used?
Wills: ❌ No
Trusts: ✅ Yes
Easy to Set Up?
Wills: ✅ Yes
Trusts: ⚠️ More complex
Best for Minor Children?
Wills: ✅ Yes
Trusts: ✅ Yes
Do I Need Both a Will and a Trust?
Usually. Most comprehensive estate plans include both:
A trust to manage and distribute your assets outside of probate
A pour over will to name guardians for minor children and cover any assets not titled to your trust. A pour over will is a catch all. It says, anything not in my trust moves to my trust when I die. The downside is that a probate will still be required so it is important to work with a lawyer who will guide you on making sure that all of your assets are part of your estate plan. If you happen to miss something though, your pour over will is there as a back-up.
This combination ensures that nothing slips through the cracks.
What Happens If You Don’t Have Either?
If you pass away without a valid will or trust in Arizona, your estate is handled under Arizona intestacy laws. This means the state decides who receives your assets, regardless of your personal wishes.
Your family may face:
Court delays
Legal expenses
The government default applies and your inheritance is likely to go to unintended recipients
Setting up a valid will is not just as simple as writing your wishes down. Wills must meet a number of legal requirements in order to be valid.
Which Option is Right for You?
You might be fine with just a will if:
You have minimal assets
You don’t mind your estate going through probate
You likely need a trust if:
You own a home or real estate
You want to avoid probate and maintain privacy
You have a blended family or complex financial picture
You want more control over how and when beneficiaries inherit
Common Arizona Scenarios
Young families: Need a guardian named in a will and a trust to manage a child’s inheritance
Retirees in Peoria: Want to avoid probate and set up health care documents
Professionals in Scottsdale: Prefer privacy, asset protection, and multi-generational planning
Recently divorced clients: Need to revoke old documents and protect new beneficiaries
Ready to Choose the Right Plan?
Not sure whether you need a will, a trust, or both? We can help you decide based on your unique situation.