Guides
Long-form guides to Arizona estate planning, written by the firm.
Quick Answers
Common questions answered briefly. Each entry links to the full write-up with statute citations.
- 01
Should I roll over my 401(k) into an IRA after I retire in Arizona?
For most Arizona retirees, rolling a 401(k) into an IRA provides more investment options, lower fees, and easier estate planning coordination. Use a direct rollover to avoid the 20% federal withholding and any tax penalty.
- 02
What is the difference between a will and a trust in Arizona?
A will goes through probate after death. A trust avoids probate and transfers assets privately. Most Arizona families use both together for full protection.
- 03
What is probate, and how long does it take in Arizona?
Probate is a court-supervised process to validate a will, pay debts, and distribute assets. In Arizona, it typically takes 8 to 12 months and costs $10,000 to $15,000.
- 04
Why do I need a financial power of attorney in Arizona?
A financial power of attorney lets you choose who manages your money if you cannot. Without one, your family faces a costly court conservatorship in Arizona.
- 05
What is a living trust in Arizona and how does it work?
A living trust in Arizona lets you transfer assets into a trust you control during your lifetime. When you pass, a successor trustee distributes assets privately, without probate.
- 06
Do I need life insurance if I have an estate plan?
Life insurance provides immediate cash after death, while an estate plan handles long-term asset distribution. Most families benefit from both working together.
Glossary
Short definitions for the legal and financial terms used throughout this site.
By Life Event
Estate planning typically begins with a life event. Pick the moment that matches.
Estate Planning When You Get Married in Arizona
Estate Planning After a Divorce in Arizona
Estate Planning for a Child with Special Needs in Arizona
Estate Planning When You Inherit Property in Arizona
Estate Planning When You Retire in Arizona
Estate Planning for Blended Families in Arizona
Estate Planning When a Spouse Dies in Arizona
Estate Planning After a Serious Diagnosis in Arizona
Arizona Law Library
Summaries of the Arizona Revised Statutes governing wills, trusts, probate, powers of attorney, and protected proceedings. Each entry links to the official A.R.S. text.
- A.R.S. §33-271
What Counts as a Conservation Easement in Arizona
A conservation easement is a recorded, nonpossessory interest that limits how land may be used in order to protect its natural, scenic, agricultural, or historic value. This section defines the easement, the conservation purposes it can serve, who is allowed to hold one, and what a third party right of enforcement is.
- A.R.S. §33-272
Creating and Recording a Conservation Easement in Arizona
A conservation easement may be created, conveyed, modified, or terminated much like other easements, but only voluntarily and only with the right parties signing. It takes legal effect once the holder accepts it and the acceptance is recorded. Unless the document says otherwise, the easement lasts indefinitely.
- A.R.S. §33-273
Court Actions Over Arizona Conservation Easements
This section lists who may bring a court action affecting a conservation easement, including the owner, the holder, and any third party with enforcement rights. Courts keep their power to modify or terminate an easement under principles of law and equity, while weighing the public interest the easement was created to serve.
- A.R.S. §33-274
When an Arizona Conservation Easement Is Valid and Assignable
A conservation easement is valid only if it is recorded, and third party enforcement rights cannot be assigned without the holder's written consent. The law makes clear the easement stays valid even though it breaks several traditional common law rules about easements.
- A.R.S. §33-275
How Other Arizona Laws Apply to Conservation Easements
A conservation easement has the same standing as any other recorded interest in real property and is subject to Arizona's recording and adverse possession laws. If the land is taken by eminent domain, the easement itself is not treated as a separate interest entitled to extra compensation.
- A.R.S. §33-276
What the Arizona Conservation Easement Law Covers
This section sets the reach of the conservation easement article. It applies to qualifying interests created after the law took effect, whatever they are labeled, and it does not invalidate older preservation interests that remain enforceable under other Arizona law.
Arizona Estate Planning Forms
Direct links to the official court, IRS, and state agency forms used in estate planning and probate, with plain-English explanations of when each one applies.
- FormAOC PBSEA1F
Affidavit for Collection of Personal Property (Arizona Small Estate Affidavit)
The Arizona small estate affidavit (AOC PBSEA1F) lets a successor collect a decedent's personal property without opening probate when the personal property value is $200,000 or less, a cap raised by HB 2116 effective September 26, 2025. The successor signs the affidavit 30 days after death, attaches a certified death certificate, and presents it directly to the bank or institution holding the asset.
Arizona Administrative Office of the Courts
- FormAOC PBSEA2F
Affidavit for Transfer of Real Property (Arizona Small Estate Affidavit)
Arizona's small estate affidavit for real property (AOC PBSEA2F) transfers a decedent's home to heirs without full probate when the net equity is $300,000 or less, a cap raised by HB 2116 effective September 26, 2025. The successor waits six months after death, then files the affidavit in the superior court of the county where the property sits, attaches a certified death certificate, and records the court-certified copy with the county recorder.
Arizona Administrative Office of the Courts
- FormIRS Form SS-4
Application for Employer Identification Number (Estate or Trust EIN)
IRS Form SS-4 applies for an Employer Identification Number for an estate, an irrevocable trust, or a revocable trust that became irrevocable at the grantor's death. The personal representative or trustee applies online at IRS.gov and receives the EIN immediately. Every Arizona estate and most post-death trusts need one before opening an estate bank account or filing Form 1041.
Internal Revenue Service
- FormAOC PBF13F
Application for Informal Appointment of Personal Representative (Intestate)
AOC PBF13F is the application filed in Arizona superior court to open informal probate when the decedent died without a will. It asks the registrar to appoint a personal representative under intestate priority and issue letters of administration. The court typically issues letters within 7-14 days of filing when the application is clean.
Arizona Administrative Office of the Courts
- FormAOC PBF1F
Application for Informal Probate of Will and Appointment of Personal Representative
AOC PBF1F is the application a person nominated in an Arizona will files in superior court to open informal probate. It asks the registrar to admit the will and issue letters testamentary so the personal representative can settle the estate. Most applications are processed without a hearing within 7-14 days of filing.
Arizona Administrative Office of the Courts
- FormA.R.S. § 33-405 Beneficiary Deed
Arizona Beneficiary Deed
An Arizona beneficiary deed transfers real estate to a named beneficiary at the owner's death without probate, under A.R.S. § 33-405. The owner signs and notarizes the deed during life, then records it with the county recorder where the property sits. Title passes automatically at death once the beneficiary records a certified death certificate.
Arizona County Recorders (statutory form, A.R.S. § 33-405)
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