John Becker

About John Becker

John Becker is an estate planning attorney at Becker & House PLLC serving Scottsdale, 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: Arizona State

Common questions about Estate Planning in Arizona

Answered by Arizona Attorney Search Network

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.

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.

Are handwritten wills legal in Arizona?

Yes, under ARS § 14-2503 a holographic will is valid if the signature and the material provisions are in the testator's handwriting. Witnesses are not required for a holographic will - unusual among states. However, holographic wills are far more vulnerable to challenge than properly witnessed wills under ARS § 14-2502, and treating them as a planning method (rather than an emergency backstop) is risky.

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