Creating a revocable living trust is one of the most effective ways to manage your estate and avoid probate in Arizona. But many people are surprised to learn that even with a trust in place, you still need a will as part of your estate plan.
Why? Because trusts and wills serve different but complementary purposes. Let’s break it down so you understand exactly why having both is important—even in Arizona.
First, What Does a Revocable Living Trust Do?
A revocable living trust:
- Lets you transfer ownership of your assets into the trust during your lifetime
- Allows you to manage those assets as the trustee
- Names a successor trustee to manage and distribute your assets after your death (or if you become incapacitated)
- Avoids probate for assets properly titled in the name of the trust
- Provides privacy and flexibility in how your estate is handled
That’s a powerful tool—but it doesn’t cover every possible situation.
Why You Still Need a Will—Even With a Trust
A Will Covers Assets Not Titled in the Trust
Even with the best planning, it’s common for people to forget to transfer all their assets into the trust. A “pour-over will” acts as a safety net—it directs any assets still in your individual name at death to be transferred into your trust.
Without a will, those leftover assets would:
- Go through Arizona probate
- Be distributed under state intestacy laws, not your trust or wishes
A Will Names Guardians for Minor Children
Trusts are excellent for managing assets, but they do not allow you to name guardians for your minor children. That’s something you can only do in a will. If you have children under 18, this alone is a compelling reason to have a valid will in place.
A Will Can Cover Personal Wishes Not Addressed in a Trust
Some people use a will to express additional wishes, such as:
- Burial or cremation instructions
- Who should receive personal items or family heirlooms
- Ethical or moral statements to be shared with family
These items often don’t belong in a trust or may not be appropriate for inclusion there.
What Happens If You Only Have a Trust—No Will?
If you die with a trust but no will:
- Assets in the trust will be distributed according to its terms (which is good)
BUT any assets not titled in the trust at the time of your death will be:
- Subject to probate
- Distributed under Arizona intestacy laws, which may not align with your intentions
That can lead to delays, confusion, and even disputes among heirs.
| Purpose | Revocable Living Trust | Will |
|---|---|---|
| Avoids Probate | ✅ Yes (for trust assets) | ❌ No (probate required) |
| Controls Distribution of Assets | ✅ Yes | ✅ Yes (but via probate) |
| Names Guardians for Minor Children | ❌ No | ✅ Yes |
| Manages Assets at Incapacity | ✅ Yes | ❌ No |
| Transfers “Leftover” Assets to Trust | ❌ No | ✅ Yes (via pour-over will) |
| Becomes Public Record | ❌ No (keeps privacy) | ✅ Yes (probate is public) |
Will vs. Trust: What Each Covers
The Pour-Over Will: A Trust’s Best Friend
If you have a revocable living trust in Arizona, you should also have a pour-over will. This simple but essential document ensures that any assets not already in your trust “pour over” into it after your death.
Think of it as the backup plan that keeps your estate plan intact—even if you missed something.
Final Thoughts
Even with a revocable living trust in Arizona, a will is still essential. It ensures your remaining assets are properly transferred, allows you to name guardians for children, and fills in any gaps your trust doesn’t cover.
Your estate plan should include both documents—working together to give you peace of mind and give your loved ones a clear path forward.
Next Steps:
If you’re not sure whether your assets are properly titled or if you have a valid will in place, it’s a good time to meet with an Arizona estate planning attorney. They can review your trust, prepare a pour-over will, and ensure your entire plan works together seamlessly.
Need help reviewing your current plan? Let me know and I can provide a checklist or referral to a trusted Arizona estate planning professional.