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Mark Battaglia

Battaglia & Roberts PC

Benson, Arizona • Serving Cochise County

520-586-2292

About Mark Battaglia

Mark Battaglia is an estate planning attorney at Battaglia & Roberts PC serving Benson, 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

What is a healthcare power of attorney in Arizona?

Governed by ARS § 36-3221, a healthcare power of attorney names an agent to make medical decisions for you if you cannot communicate. Combined with a living will (advance directive under § 36-3261) specifying end-of-life treatment preferences, the two documents answer the questions hospitals will ask: who decides, and what do they decide. Arizona offers free statutory forms on the Attorney General's website.

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.

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No. Arizona repealed its state estate tax in 2005 and has never had an inheritance tax.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.

Q&As answered by Mark Battaglia

Practice Areas

Wills, Probate, Trusts and Estates

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Office Location

Battaglia & Roberts PC

PO BOX 2315

Benson, AZ 85602

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