Will vs Trust: Which is right for you in Arizona?
Wills vs. Trusts in Arizona | Estate Planning Attorney in Fountain Hills
Introduction
When it comes to estate planning, one of the first decisions Arizona residents face is whether to create a will, a trust, or both. These tools serve different purposes, but both ensure that your assets are distributed the way you want and your loved ones are protected.
At Sternfels and White Law in Fountain Hills, we help Arizona families make confident choices about their future by explaining these options in clear, simple terms, not legal jargon.
What Is a Will?
- Who should receive your property when you pass away.
- Who will serve as the executor (the person managing your estate).
- Who you want to be guardian of your minor children (if applicable).
Pros of a Will:
- Simple and affordable to create.
- Lets you name guardians for children.
- Can include personal wishes, like funeral preferences or gifts.
Cons of a Will:
- Must go through probate, a court-supervised process that can take months.
- Becomes a public record, so anyone can view the details.
- Offers limited protection if you become incapacitated before death.
What Is a Trust?
A Revocable Living Trust is a more comprehensive estate planning tool. You transfer your assets (like your home, bank accounts, and investments) into the trust while you’re alive, and you maintain full control of them. When you pass away, your successor trustee distributes the assets according to your instructions without probate.
Pros of a Trust:
- Avoids probate entirely, saving time and money.
- Keeps your estate private (no public court filings).
- Can manage your assets if you become incapacitated.
- Easier for families to handle transitions smoothly.
Cons of a Trust:
- Slightly higher upfront cost than a will.
- Must be properly “funded” (you need to transfer ownership of assets into it).
How Arizona Law Impacts Your Choice
Arizona has its own rules for probate and estate administration. While probate here can be simpler than in some states, it can still take months to complete and may involve court fees and attorney costs.
A trust-based plan can completely avoid this process, which is especially valuable if:
- You own real estate in more than one state.
- You want to pass assets quickly to beneficiaries.
- You prefer privacy or wish to minimize legal complications.
Plan for Peace of Mind
Whether you choose a will, a trust, or both, the most important step is getting started. Estate planning is not just about transferring assets — it’s about protecting your loved ones and reducing stress when life changes unexpectedly.
At Sternfels and White Law, we make estate planning straightforward and personal. Our team will explain every option, help you understand Arizona’s requirements, and create documents tailored to your family’s needs.