For many Arizona families, probate is something they only learn about after the loss of a loved one. Unfortunately, it’s often a surprise—and not a pleasant one. Probate is the legal process for administering a person’s estate, and it can be slow, public, and expensive.
The good news? You can avoid it—with the right planning.
What Is Probate and Why Do People Want to Avoid It?
Probate involves proving a will in court, notifying creditors and heirs, managing estate taxes, and distributing assets. In Arizona, this process can take several months to more than a year, especially if there are disputes or missing information.
Probate is:
- Public: Everything filed in court becomes public record.
- Time-consuming: Delays are common, even in uncontested cases.
- Costly: Legal fees and court costs reduce the value of the estate.
That’s why many families choose to avoid probate entirely.
Strategies to Avoid Probate in Arizona
- Create a Revocable Living Trust A properly funded living trust allows your assets to transfer privately and efficiently outside of probate.
- Use Beneficiary Designations Bank accounts, retirement plans, and life insurance policies can pass directly to named beneficiaries.
- Title Assets with Rights of Survivorship For couples, jointly owned property with rights of survivorship automatically passes to the surviving owner.
- Use Transfer-on-Death (TOD) Deeds Arizona allows property owners to record a deed that transfers property to a beneficiary upon death.
Why a Will Alone Isn’t Enough
A will does not avoid probate. In fact, it guarantees it. While a will is an important document, it still must be submitted to probate court for validation and enforcement. That’s why it should be part of a larger estate plan—not the whole plan.
Modern Law Makes It Easy
At Modern Law, we help Arizona families design estate plans that skip the courtroom and go straight to the people they love. Our estate planning attorneys will work with you to:
- Create a living trust tailored to your goals
- Coordinate your beneficiary designations
- Ensure all legal documents are current and compliant
