About Brian Russell
Brian Russell is an estate planning attorney at Walker Estate Attorneys serving Arizona, Arizona. Arizona estate planning is governed by Title 14 of the Arizona Revised Statutes, which includes the Probate Code and the Arizona Trust Code, addressing wills, revocable trusts, powers of attorney, beneficiary deeds under ARS § 33-405 (an Arizona-specific tool), and the small-estate procedures under § 14-3971. See contact information below.
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Education
- Law School: Pepperdine
Common questions about Estate Planning in Arizona
Answered by Arizona Attorney Search Network
How long does probate take in Arizona?
An informal probate of an uncontested estate typically closes within 6-12 months. Formal probate runs 1-2 years. Supervised probate or contested matters can extend 2 or more years. The mandatory creditor-claim period of 4 months from publication of notice (ARS § 14-3801) sets a floor on how quickly any probate can close.
Do I need a living trust in Arizona?
Not necessarily. A revocable living trust avoids probate, provides incapacity planning, and offers privacy, but adds cost ($1,500-3,500 above a basic will package) and complexity (assets must be retitled into the trust). For Arizonans whose main probate concern is a single home, a beneficiary deed under § 33-405 often does the same job for a small fraction of the cost. Trusts make more sense with multiple properties, out-of-state real estate, or special-needs beneficiaries.
What happens if I die without a will in Arizona?
Your assets pass under Arizona's intestate succession statutes (ARS § 14-2102 and following). For a married decedent, the surviving spouse inherits all community property and all separate property if there are no children outside the current marriage. If there are children from prior relationships, the surviving spouse takes one-half of separate property and the children take the rest. Intestate distribution is rarely what people would have chosen.