You still need a will even with a Living Trust. Your trust handles most of your assets and skips probate. But there are key things only a will can do. Most estate planning lawyers in Arizona pair your trust with a pour-over will so your plan has no gaps.
What a Pour-Over Will Does
A pour-over will is a special will that works with your trust. It acts as a safety net. It catches any assets that were not moved into your trust while you were alive.
Here is how it works. Say you open a new bank account, buy a car, or get an inheritance. If you forget to retitle it in your trust's name, that asset sits outside your trust when you pass away. Without a will, those assets go by Arizona intestacy laws. That may not match your wishes at all.
A pour-over will catches those stray assets and sends them into your trust. They then get passed along based on the rules you set up in your trust. The assets caught by your pour-over will do go through a short probate process. But they end up where you meant them to go.
For a step-by-step look at making sure your assets are titled the right way, see our guide on how to fund your trust in Arizona.
Guardian Nominations for Minor Children
This is one of the biggest reasons to have a will, even with a trust. Only a will can legally name a guardian for your minor children. A trust cannot do this.
If you have kids under 18, your will is where you name who will raise them. You do this in case both parents pass away. You can also name a backup guardian. This covers the case where your first choice cannot or will not serve. Without this step, the court picks who raises your children. The result may not be what you would have chosen.
The Personal Representative Role
Your will is the paper that names your personal representative. Some states call this person the executor. This is the person who handles tasks outside your trust, such as:
- Funeral and burial plans. Your trust does not cover this. Your personal representative carries out your wishes for burial, cremation, or a memorial service.
- Filing your final tax returns. Your personal representative works with your tax advisor to file your last income tax return. They also handle any estate tax duties.
- Handling assets outside the trust. If a bank account, car, or piece of personal property was never moved into your trust, the personal representative handles those items through probate.
- Closing personal accounts. This means ending subscriptions, telling creditors, and wrapping up loose ends not covered by the trust.
What Happens Without a Will
If you have a trust but no will, any assets outside the trust are treated as if you died with no plan at all. Under Arizona law (A.R.S. 14-2101), the court uses a set formula to decide who gets those assets. The results may not match what you wanted.
You also lose the right to name a guardian for your kids and a personal representative. The court picks someone for both roles. Family fights over these choices can lead to costly legal battles. For a wider look at the risks, read about what happens without an estate plan in Arizona.
How Your Will and Trust Work Together
Think of your trust as the main vehicle that carries your estate plan. Your will is the safety net under it. Together, they cover every case:
- Your trust handles titled assets, skips probate, and gives you protection if you get too sick to manage things yourself.
- Your will catches anything missed, names guardians, picks your personal representative, and handles final affairs.
At RJP Estate Planning, we always create both papers as part of a full plan. If you have a trust but are not sure your will is up to date, or if you do not have one at all, a review with attorney Clint Smith can find any gaps. He will make sure your family is fully covered.