The trust library

The living trust in Arizona: what it is, what it costs, and the step that makes or breaks it

A revocable living trust is a container you create for your assets while you are alive. You keep full control - you are the trustee, you can change or cancel it anytime - and when you pass, your successor trustee distributes everything privately, in weeks, with no court involved. It is the most complete answer Arizona planning offers, and also the most misunderstood.

The same estate, two paths

No plan: probate

6 to 12 months on a court calendar, $5,000 to $15,000 in typical attorney fees, all of it public record.

Funded living trust

Distributed privately in weeks. One-time setup: $1,500 to $3,000.

What Arizona law requires

Under A.R.S. § 14-10402, a trust needs a settlor with capacity and intent, a definite beneficiary, a trustee with real duties, and the same person not serving as sole trustee and sole beneficiary. And Arizona's default answers the question everyone asks: under A.R.S. § 14-10602, unless the trust document expressly says it is irrevocable, the settlor may revoke or amend it. You are not locking anything away - see the revocable trust guide for how control works day to day.

The funding step everyone skips

A trust only controls assets actually titled into it. The house must be deeded to the trust. Accounts must be retitled or aimed at it. An unfunded trust - signed, notarized, and never funded - is an expensive stack of paper, and the estate it was meant to protect goes through probate anyway. If you take one sentence from this library, take that one.

Do you actually need one?

Honest answer: not everyone does. A modest estate with adult beneficiaries can often route around probate with a beneficiary deed and current designations - compare in trust vs will. The trust earns its cost when any of these apply: minor or spendthrift beneficiaries, blended families, more than one property, incapacity planning, or privacy across the whole estate. The cost guide puts real numbers on both sides.

The trust library

Sources

Educational information only, not legal advice. Trust drafting and funding are legal work - Heirworth connects you with licensed professionals for that.

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