One big difference between a trust and a will is what happens to your privacy after you die. A will becomes a public record once it goes through probate. A trust stays private because it never goes through court. For Arizona families who want to keep their money matters private, this is an important point.
What Probate Makes Public in Arizona
When a will goes through probate in Arizona, everything becomes part of the public court record. Anyone can look up:
- The full text of your will and every instruction you left
- A full list of your assets and their values
- The names and addresses of your heirs (the people who receive your assets)
- Any debts or claims against your estate
- Court filings, objections, and family disputes
All of this is open to creditors, marketers, distant relatives, and anyone who checks the court records. In some cases, this has led to junk mail, family fights going public, and even scams aimed at surviving family members.
Arizona probate records are kept by the Superior Court in each county. Once filed, anyone can view them in person or online.
Why a Trust Stays Private
A trust is a private deal between you (the person who made the trust) and your trustee. It is never filed with the court. The only people who see the details are the people you choose to share them with.
Your successor trustee must notify your heirs under A.R.S. 14-10813. But this notice only shares basic facts, like the trust's existence and the trustee's contact details. The public has no access to the terms, asset values, or payout instructions.
This privacy matters most for:
- Business owners who do not want others to see their personal finances
- Blended families where different shares to different children could cause tension if made public
- High-profile people or anyone who wants to keep money matters in the family
- Families with young children where you do not want the size of a child's inheritance known before they are old enough to handle it
Real-World Example of Why Privacy Matters
Think about a family where a parent leaves different amounts to each child. Maybe one child has special needs. Or maybe one child received money while the parent was alive. If that plan goes through probate with a will, every detail is public. Other family members, neighbors, and even strangers can see who got what. This often leads to hard feelings and strained ties.
With a trust, the successor trustee hands out assets based on the plan. Only the heirs know the details. The family's private choices stay private.
Privacy Is Not the Only Difference
Privacy is one reason many families pick a trust over a will. But it is not the only one. Trusts also skip the time and cost of probate. They provide a plan if you become unable to act. And they allow for more detailed payout terms, like staged payouts to young heirs.
For a full side-by-side look, read our guide on trusts vs. wills in Arizona. And if you wonder whether your estate is big enough for a trust, see our article on whether a $250K estate is too small for a trust.
At RJP Estate Planning, we help Arizona families choose the right plan. Whether privacy is your top concern or you want to avoid probate, our team will walk you through your options.