Kelly Hodge
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About Kelly Hodge
Kelly Hodge is an estate planning attorney in solo practice 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: Arizona Summit Law School
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.
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.
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.