Porter Mountain Advisors, CPA and attorney in Mesa, AZ
Estate Planning November 12, 2026 · 3 min read

Do I Need a Will or a Trust in Arizona?

Probate, privacy, and cost — how to tell which document your situation actually calls for.

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Short answer

For most Arizona families, a will is the bare minimum — but a trust is often worth it if you own a home, want to avoid probate, or want your affairs kept private. The right choice comes down to your assets and your goals. Here’s how to tell which one you actually need.

What a will does

A will directs who receives your property and names guardians for your minor children. It’s the foundation of any estate plan. The catch: in Arizona, a will still has to go through probate — the court process of settling your estate.

What a trust does

A revocable living trust does everything a will does, and adds three things a will can’t: it avoids probate, keeps your affairs private (a will becomes public record; a trust doesn’t), and lets someone manage your assets if you become incapacitated while you’re still living.

The real difference — probate

Probate in Arizona can take several months, cost money, and put your estate on the public record. A properly funded trust skips probate entirely, so your family receives what you left them faster and more privately. (Note the word funded — a trust only works if your assets are actually retitled into it, which is where a lot of DIY plans fall apart.)

You probably want a trust if…

  • You own a home or other real estate
  • You want to avoid probate and keep things private
  • You have young children or a blended family
  • You want a plan for what happens if you’re incapacitated, not just when you pass

A simple will plus powers of attorney may be enough if your estate is small and straightforward.

Don’t forget powers of attorney

Whichever you choose, pair it with a financial power of attorney and a healthcare power of attorney. These handle decisions while you’re alive but unable to act — something neither a will nor a trust does on its own.

Why it helps to work with a CPA and an attorney

Estate planning touches your taxes as much as the law — inherited accounts, capital-gains basis, and estate-tax exposure all matter. Because our founder is both a CPA and an attorney, we build a plan that’s legally sound and tax-smart, in one place.

Key takeaways

  • A will names who gets what but goes through probate.
  • A trust also avoids probate, adds privacy, and plans for incapacity.
  • Most Arizona homeowners benefit from a trust; everyone needs powers of attorney.
  • And a trust only protects you if it’s actually funded.

Not sure which fits your family? Request a free consultation — we’ll tell you honestly, in plain English. See also Estate Planning and our Free Estate Planning Guide.

This article is for educational purposes only and is not legal or tax advice. Every situation is different — talk to a professional about yours. Read the full disclaimer.

Good to know

Questions on this topic

Do I need a trust in Arizona?

You probably want a trust if you own a home or other real estate, want to avoid probate and keep things private, have young children or a blended family, or want a plan for what happens if you’re incapacitated. A simple will plus powers of attorney may be enough if your estate is small and straightforward.

How long does probate take in Arizona?

Probate in Arizona can take several months, cost money, and put your estate on the public record. A properly funded trust skips probate entirely, so your family receives what you left them faster and more privately.

Do I still need powers of attorney if I have a trust?

Yes. Whichever you choose, pair it with a financial power of attorney and a healthcare power of attorney. These handle decisions while you’re alive but unable to act — something neither a will nor a trust does on its own.

See all FAQs

Luke Tingey, Attorney & CPA at Porter Mountain Advisors in Mesa, AZ
Written by

Luke Tingey, Attorney & CPA

Luke holds both a CPA license and a law license, and advises Arizona and New Mexico families on the tax and legal sides of the same plan. Meet the team.

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