If you live in Tucson and are thinking about estate planning, one of the most common questions is whether a simple will is enough—or if a living trust is really necessary. While both tools play important roles, they serve very different purposes under Arizona law. Understanding the difference can help you make the right decision for your family, assets, and long-term peace of mind.
A will is a legal document that outlines how your assets should be distributed after you pass away. In Arizona, however, a will alone does not avoid probate. Probate is a court-supervised process that validates the will, pays debts, and distributes assets. In Pima County, probate can take months—or longer—depending on the complexity of the estate, and it becomes part of the public record. Even well-written wills must go through this process.
A living trust works differently. When assets are properly placed into a trust during your lifetime, they are no longer required to pass through probate after death. Instead, a successor trustee can manage and distribute those assets privately and efficiently according to your instructions. For many Tucson families, this privacy and speed are major advantages of a living trust.
Another important consideration is incapacity planning. A will only takes effect after death, but a living trust can help manage your affairs if you become incapacitated due to illness or injury. Your chosen successor trustee can step in immediately to handle financial matters without the need for court involvement. While powers of attorney can help, trusts often provide a more seamless and comprehensive solution.
Living trusts are especially useful for Tucson homeowners. Real estate held in a trust can transfer to heirs without probate, avoiding delays and additional court costs. This is particularly valuable if you own multiple properties, have blended family dynamics, or want to ensure a smooth transition for loved ones.
That said, a will is still important—even if you have a trust. In Arizona, most estate plans include both. A “pour-over will” acts as a safety net, directing any assets not already in the trust into it after death. For individuals with very modest estates, limited assets, or simple family situations, a will may be sufficient, but it often provides less control and fewer protections.
So, do you really need a living trust in Tucson? The answer depends on your goals. If you want to avoid probate, protect your privacy, plan for incapacity, and make things easier for your family, a living trust is often the better option. A will alone may be enough in some situations, but for many Arizona residents, a trust offers greater flexibility and long-term peace of mind.
Working with an experienced Arizona estate planning professional can help you determine which approach best fits your circumstances—and ensure your plan is structured correctly from the start.
For more information on Best Estate Planner in Tucson, or if you would like to know more about Asset Protection Advisor, or Living Trust Attorneys, call Marc Fishbein at (520) 797-1400 for a courtesy conversation.
The text above is for general informational purposes and should not be considered legal advice.
