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FAQ Topic

Funding Your Trust

A trust only protects what it owns. These Arizona FAQs from our team cover how to retitle real estate, vehicles, and harder assets so your trust actually does its job (6 questions).

Start with our guide

For the full step-by-step on funding an Arizona trust, asset class by asset class, read our complete guide. Then dig into the focused questions below for specific assets.

Read the step-by-step trust funding guide

All 6 questions in this topic

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Why is funding your trust so important?

An unfunded trust provides no probate protection because it only controls assets it actually holds. Every asset must be retitled into the trust for the plan to work.

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What happens to my house if it is not in my trust?

If your house is not in your trust when you die, it will likely go through probate in Arizona. The trust only controls assets it holds. Check your deed and retitle your home into the trust.

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Can I sell my house if it is in a living trust?

Yes. You sign the sale documents as trustee instead of personally. A revocable trust is tax-invisible, so the $250K/$500K capital gains exclusion still applies. There is no need to remove the property from the trust before selling.

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Can I set up my car title to transfer automatically when I die, without going through probate?

Yes. Arizona allows a transfer-on-death (TOD) designation on your motor vehicle title. When the vehicle owner dies, the beneficiary can complete the title transfer with just a death certificate, skipping the probate process entirely.

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What happens to my timeshare when I die? Can my family just walk away from it?

Your timeshare becomes part of your estate when you die, and the maintenance fees and obligations pass to your heirs. Your family may be able to disclaim the inheritance, but walking away is not always simple. Address it in your estate plan now.

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I live in a manufactured or mobile home in Arizona. Does it go through probate the same way a regular house does?

In Arizona, a manufactured or mobile home can be classified as real estate or personal property depending on whether it has been permanently affixed to land. The classification determines how the probate process works and what options are available to avoid it.

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