Arizona Estate Planning Basics: Will vs. Trust — Which One Is Right for You?

If you own a home, have children, or simply want to make life easier for your loved ones, you need an estate plan. One of the most common questions we hear is:

“Should I get a Will, a Trust, or both?”

In this article, we break down the key differences between a Last Will and Testament and a Revocable Living Trust under Arizona law to help you decide what’s right for your situation.

What Is a Will?

A Will is a legal document that:

• Names who should receive your property after death
• Appoints guardians for your minor children
• Nominates a personal representative (executor)

In Arizona, a Will must go through probate — a court-supervised process that can take several months and cost your estate money in fees.

What Is a Revocable Living Trust?

A Revocable Living Trust is a legal tool that:

• Holds your assets during your lifetime
• Names someone to manage your affairs if you become incapacitated
• Allows your estate to be distributed without going through probate

If the trust is properly set up and funded, it can keep your estate private and efficient — and make things far easier for your loved ones.

Will vs. Trust: A Quick Comparison

Arizona-Specific Considerations

• Probate in Arizona is often less burdensome than in other states, but it’s still avoidable with a trust.
• Community property laws affect how your estate is divided without a plan.
• Arizona allows small estate affidavits, but only for estates below specific limits ($75,000 in personal property or $100,000 in real estate although a newly passed Arizona law will increase those amounts to $200,000 and $300,000).

If you own a home, you likely exceed these limits — which means a trust may be the better option.

Should You Choose a Will or a Trust?

Use a Will if:

• You want a simple plan
• You have minor children and need to name guardians
• Your estate is small and won’t trigger probate

Use a Trust if:

• You own real estate
• You want to avoid probate and keep things private
• You want to plan for incapacity

Often, the best estate plan includes both — a Revocable Living Trust to manage your assets and a Will to name guardians and catch anything outside the trust.

Let’s Build a Plan That Works for You

At Arsenal Law, we help Arizona families create customized, effective estate plans that work — not just on paper, but in the real world. We make the process easy to understand and easy to complete.

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