If you live in Arizona, creating a well-rounded estate plan is one of the most important things you can do to protect your assets, make your wishes known, and ensure your loved ones are taken care of. But what exactly should an Arizona estate plan include?
Whether you’re just getting started or reviewing an older plan, this guide will walk you through the key components every Arizona resident should consider—including documents required by law, tools to avoid probate, and plans for incapacity.
Why Estate Planning Is Important in Arizona
Estate planning isn’t just for the wealthy—it’s for anyone who wants a say in what happens to their assets, health care, and family after death or during incapacity. In Arizona, failing to create a valid plan means the state’s intestacy laws and court system will make those decisions for you.
A well-crafted Arizona estate plan can:
- Avoid probate
- Minimize taxes and legal fees
- Protect your privacy
- Prevent family disputes
- Plan for incapacity and long-term care
- Appoint guardians for minor children
Core Documents to Include in Your Arizona Estate Plan
#1-Last Will and Testament
A will allows you to:
- Name who will receive your assets after death
- Nominate a personal representative (executor)
- Appoint a guardian for your minor children
- Make gifts or charitable donations
Note: Wills must go through probate in Arizona, and only control assets in your name without beneficiary designations.
#2-Revocable Living Trust
A trust helps:
- Avoid probate for most or all of your assets
- Maintain privacy (trusts are not public like wills)
- Provide ongoing management of assets for young or vulnerable beneficiaries
- Plan for incapacity
In Arizona, a fully funded revocable living trust is one of the most popular and effective ways to streamline the transfer of assets.
#3-Durable Financial Power of Attorney
This document allows someone (your “agent”) to manage your financial affairs if you become incapacitated.
Your agent can:
- Pay bills
- Access bank and retirement accounts
- Handle real estate transactions
- Work with government agencies on your behalf
Without this, your family may need a court-appointed conservatorship.
#4-Health Care Power of Attorney
This document authorizes someone to make medical decisions for you if you can’t communicate.
Arizona requires a specific statutory format to ensure this power is recognized by hospitals and providers.
#5-Living Will (Advance Directive)
A living will outlines your wishes regarding end-of-life medical care, such as:
- Resuscitation
- Artificial nutrition and hydration
- Life-sustaining treatment
It guides your health care agent and doctors when you can’t express your preferences.
#6-HIPAA Authorization
A HIPAA release form allows designated people to access your medical records and health information. Without this, even close family members may be denied access due to privacy laws.
Other Important Tools and Considerations
#7-Beneficiary Designations
Many assets—like life insurance, retirement accounts, and bank accounts—pass directly to named beneficiaries.
Regularly review and update these to:
- Avoid conflicts with your will or trust
- Prevent accidental disinheritance or outdated names (e.g., ex-spouses)
#8-Deeds and Real Estate Planning
Consider using:
- Beneficiary deeds (also called “transfer-on-death” deeds) to transfer property outside probate
- Trust-owned real estate to consolidate control
Arizona allows beneficiary deeds, which are simple tools to pass real estate to heirs without probate—but they must be properly recorded before death.
#9-Letter of Instruction or Legacy Letter (optional but helpful)
This informal document can:
- Provide funeral or memorial preferences
- Offer personal messages to loved ones
- List key contacts, advisors, or accounts
It’s not legally binding, but can be a meaningful and practical supplement to your plan.
Arizona-Specific Estate Planning Tips
Arizona is a community property state, so ownership between spouses is treated differently than in common law states.
If you own out-of-state property, you may need additional planning to avoid multiple probates.
A valid Arizona will must be signed and witnessed according to state law (A.R.S. § 14-2502).
Trusts should be properly funded—simply signing the document is not enough.
Final Thoughts: A Complete Arizona Estate Plan Should Include
| Document | Purpose |
|---|---|
| Will | Name heirs, guardians, and executor |
| Trust | Avoid probate, manage wealth, ensure privacy |
| Financial Power of Attorney | Appoint someone to manage your finances |
| Health Care Power of Attorney | Designate a medical decision-maker |
| Living Will | Express your end-of-life wishes |
| HIPAA Authorization | Allow access to medical information |
| Beneficiary Designations | Transfer accounts outside probate |
| Real Estate Plan | Use deeds or trust to transfer property |
| Legacy or Instruction Letter | Provide helpful, personal guidance |
Ready to create or update your Arizona estate plan? Consider working with an experienced estate planning attorney to ensure your plan is valid, complete, and tailored to your needs.
Need a free estate planning checklist for Arizona residents? Just ask—I’d be happy to send one your way.