Craig Wisnom

About Craig Wisnom

Craig Wisnom is an estate planning attorney at Bogutz & Gordon PC serving Tucson, 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: U of Arizona

Common questions about Estate Planning in Arizona

Answered by Arizona Attorney Search Network

How does Arizona's small estate affidavit work?

Under ARS § 14-3971, an heir may collect personal property (banks accounts, vehicles, etc.) of a decedent using a sworn affidavit instead of opening a probate, provided the value falls below statutory thresholds and a 30-day waiting period after death has passed. A separate provision allows transfer of small real property holdings via affidavit after a longer waiting period. This procedure resolves many smaller Arizona estates without ever filing a probate.

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 is community property with right of survivorship in Arizona?

Under ARS § 33-431, married couples can hold real estate as community property with right of survivorship - combining the probate-avoidance of joint tenancy with the full step-up in capital-gains basis at first death that is unique to community property. This is the optimal way for most married Arizona couples to title their home, but many older deeds still hold property as plain joint tenants and miss the tax benefit.

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