Lauren Talkington

About Lauren Talkington

Lauren Talkington is an estate planning attorney at Snell & Wilmer LLP 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

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.

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.

Does Arizona have an estate or inheritance tax?

No. Arizona repealed its state estate tax in 2005 and has never had an inheritance tax. The federal estate tax applies only to estates exceeding the federal exemption (approximately $13.99 million per individual in 2025). For the vast majority of Arizonans, federal estate tax is not a concern.

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