Create a Living Trust in Arizona

A living trust can help your estate avoid the frustrations and cost of probate. An Arizona living trust can avoid probate entirely, and offers other estate planning benefits. Find out more about living trusts and how they can help you.

Find out more about Living Trusts

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create a living trust in arizona

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Updated on: February 6, 2024
Read time: 3 min

An Arizona living trust is a legal document that allows you to transfer legal ownership of assets during your lifetime into a trust, as part of your estate planning. You can continue to use and control the assets during life. After your death, the assets in the living trust are transferred to those people you have chosen as beneficiaries. These types of trusts offer many benefits.

Living trusts in Arizona

If you create a living trust in Arizona, you are the trust grantor. Your assets become owned by the trust which will be managed by the person you choose as trustee. You can name yourself as trustee, but you need to name a successor trustee who will manage the trust after your death. The whole point of a trust is to ensure that your assets go to the people you choose, your beneficiaries, so you will want to choose them carefully. A revocable living trust allows you to change or cancel the trust at any point during your life, while an irrevocable living trust becomes permanent.

Creating a living trust in Arizona allow you to pass on your assets without having to go through the probate process. Although Arizona uses the Uniform Probate Code, a trust allows a speedy transfer of assets. If your assets pass via your will or through the state intestacy statues, there is a delay as the court approves the process. Arizona has a streamlined process for small estates (valued at under $50,000) and this method may be less expensive if you have a small estate, but does not offer all the protections of a trust.

Do I need a living trust in Arizona?

There is no requirement that anyone create a living trust, however many people choose to do so because of the many benefits it offers. Your living trust allows you to control when and how your assets pass to the people you personally select. A living trust allows you to preempt probate, so there is never a court proceeding or any public record of what property you leave at your death and to whom you leave it. The privacy this provides is important to many people.

If you do not have a living trust, your assets will be passed according to your will, if you have one. The probate process can take months or more depending on the size of your estate. A living trust allows your assets to pass immediately upon your death.

If you do not have a will or a trust, the distribution of your assets is done in accordance with Arizona’s state intestacy law, leaving specified percentages to specific types of relatives, completely outside your control.

A living trust also provides you with protection should be you become incapacitated during your lifetime. Your assets are already in trust, being managed by a trustee you have hand selected, so your affairs will be completely managed.

Living trusts and estate taxes in Arizona

There is no state estate tax in Arizona, however federal estate tax laws do apply and property placed in a trust in Arizona may be exempt from federal estate taxes if placed in an AB trust, sometimes called a marital trust or QTIP trust, which transfers the property in the trust to a surviving spouse. Because the federal tax exemption is more than $5 million per person, these types of trusts are rarely needed. Living trusts do not shelter your assets from Medicaid eligibility spend down laws.

How to create a living trust in Arizona

To create a living trust in Arizona you need to create a trust document that lays out all the details of your trust and names the trustee and beneficiaries. You will sign the document in front of a notary. To complete the process, you fund the trust by transferring the ownership of assets to the trust entity.

Living trusts are a simple way to maintain control of your assets while planning for the future. Creating one can be an important part of your estate plan.

If you're ready to create a living trust in Arizona, LegalZoom can help. Create a living trust online by completing a simple questionnaire. LegalZoom will review your answers and prepare your living trust, and you will receive your complete living trust package by mail.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

50 days ago
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Grateful to Patti Green

Patti Green helped me so much to finish my order. She was very patient and pleasant with me and guided me so well with my living trust. She made it clear and explained things that I could understand to finish this. She is an asset to your company and I would recommend her with excellence

CU
52 days ago
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I had no Idea what to do to update my…

I had no Idea what to do to update my Living Trust. They answered all my questions and they also helped me get info I did not know I needed.

Bryan Q
58 days ago
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Living Trust Premium

Our Representative, Stormy was fantastic! She stayed with us through the whole process. She was very helpful and thorough.

sremeikis
66 days ago
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I spoke to the representative today about a Trust...

I spoke to the representative today regarding a question about an existing Living Trust. She was very helpful - told me exactly what I needed to know and how to accomplish it. As a representative in the Financial field I guide clients all the time on where to get documents done right - and its always LegalZoom - easy and effecient!

Gareth
68 days ago
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LegalZoom

I was impressed by the user-friendly interface and the outstanding support I received while creating a Revocable Living Trust. The ability to connect with support representatives in real time to address my questions was incredibly valuable. For those looking to establish a straightforward trust, I can highly recommend LegalZoom.

TDM
74 days ago
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Rida has been very helpful with respect…

Rida has been very helpful with respect o guiding me through the process of properly revising the Living trust for my elderly parents. His patience has been exemplary.

Frantz Michel
82 days ago
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Elizabeth Tisdale

Elizabeth Tisdale, knowledgeable,been having problems with the forms in my living trust,for the past two weeks and had to pay every time, Elizabeth was patient with me and explained every detail until it was corrected,she get my 5 stars

MARIA CORONA
82 days ago
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Taking the Initiative

Taking the initiative to do the info. research on our living Trust...set up back in 2016..Made the call an efficient, as well as a pleasant experience. Very thorough and friendly. Set up our atty consultation Thanks for great service!

Vicki Switzer
89 days ago
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Carmen was so patient with me

Carmen was so patient with me! Thank you for all your direction and guidance with my living Trust! Great job!

Tina Garcia
92 days ago
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Tammy was wonderful and very…

Tammy was wonderful and very knowledgeable. It's because of her that I am going to open a living trust with legal zoom. She was great. Thank You

Erin
100 days ago
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Pleasant Experience

Patience and weel given explanation about the process of how a "Living Trust" & "Deed" works after transitioning and guidance on how to contact an attorney whenever I need legal advice.

Sharron Martin
100 days ago
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Excellent LegalZoom Attorney

The LegalZoom attorney was extremely helpful in the "walk thru" assistance as I prepared the Living Trust document. The service was excellent.

customer
109 days ago
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Happy with my initial contact with Legal Zoom

Rebecca fully answered my questions about creating a living trust. She is friendly and professional, and with my mind at ease, I am looking forward to starting this process with Legal Zoom. I am confident that this will be the best route for me to take to make things a lot easier for my family when I'm gone. (And, easy for me!) I plan to be in touch in the next several weeks. Thanks, Rebecca!

Carol
127 days ago
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Michelle very professionally guided me…

Michelle very professionally guided me with her knowledge and amazing patience through the entire process of setting up my Living Trust. I am so relieved and grateful for her help. I have used LegalZoom before and you are my go to for legal advice. Thank you again Michelle.

Paula Bateman
135 days ago
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Quality Staff

I needed to revise my entire living trust and had put it off for years. Your staff member Eden walked me through the process with such patience and concern. Had I known it would be so easy, I would have never put it off this long. A testament to you quality staff.

Ady Filipescu
144 days ago
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Really great job in guiding me to…

Really great job in guiding me to finish my living trust .

Ronnie Ball
150 days ago
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5 Stars

5 Stars – Outstanding Customer Service from Tammy at LegalZoom I had the pleasure of working with Tammy from LegalZoom regarding my living trust documents, and I couldn't be more impressed. She was professional, patient, and incredibly knowledgeable. Tammy took the time to walk me through every step, answered all my questions clearly, and made a complex process feel simple and stress-free. Her attention to detail and genuine care made all the difference. LegalZoom is lucky to have someone like her on their team. Thank you, Tammy!

Cn
150 days ago
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Ease and help of making changes to my…

Ease and help of making changes to my living trust. LegalZoom rep walked me through the process without any difficulties. Really like working with LegalZoom.

Gregory Bechtol
157 days ago
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Enjoyed working with Kevin to finalize…

Enjoyed working with Kevin to finalize our Living Trust language. His knowledge on this product certainly increases our confidence in the viability of the final document.

JOHN in CALIFORNIA
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