Many Canadians enjoy spending part of the year in Arizona, escaping the cold winters up north to enjoy the desert sunshine. These “snowbirds” often purchase real estate here, whether it’s a condo, vacation home, or investment property. A common question that comes up is: if I already have an estate plan in Canada, do I also need an estate plan in Arizona?
The short answer is yes—it’s often highly beneficial to have an Arizona estate plan in place if you own property here. Here’s why.
#1-Canadian Documents May Not Be Recognized in Arizona
Canadian wills and powers of attorney are drafted according to Canadian law. While they may cover worldwide assets in theory, Arizona courts and financial institutions may not recognize them without additional steps. This can create confusion, delays, and added legal costs for your family when they need to deal with your Arizona property.
Having a valid Arizona estate plan—such as an Arizona will or revocable living trust—ensures your property can be transferred smoothly under Arizona law.
#2-Avoiding U.S. Probate for Arizona Real Estate
Without proper planning, your Arizona property will likely go through probate in Arizona after your death. Probate is the court-supervised process of settling your estate. For out-of-country families, this can be expensive, time-consuming, and frustrating.
A well-drafted Arizona revocable living trust allows your Arizona real estate to pass directly to your chosen beneficiaries without going through probate. This saves your loved ones significant hassle and expense.
#3-Coordinating with Your Canadian Estate Plan
An Arizona estate plan doesn’t replace your Canadian estate plan—it works alongside it. You want your Canadian lawyer to make sure your Canadian documents properly handle your home-country assets, retirement accounts, and taxes, while your Arizona attorney ensures your U.S. property is handled correctly under Arizona law.
Together, these plans provide comprehensive coverage and help avoid conflicts between the two legal systems.
#4-Reducing Costs, Delays, and Stress for Loved Ones
Final Thoughts
If you’re a Canadian snowbird with real estate in Arizona, it’s wise to consider an Arizona estate plan. It ensures that your property is transferred smoothly, avoids unnecessary probate, and coordinates seamlessly with your Canadian documents.
At the end of the day, an Arizona estate plan gives you peace of mind knowing your cross-border estate will be handled efficiently and according to your wishes.
Take Control of Your Future
At the Law Offices of Glenn Bishop, PLLC, we help Arizona families build estate plans that cover every aspect of life—whether those families live in Arizona full time or not.