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Home→Tools→Trust or Will Decision Tool→Arizona

Should You Get a Trust or a Will in Arizona?

Compare probate costs, trust administration fees, and digital signing options for your state.

Frequently Asked Questions

Arizona uses reasonable compensation for probate fees, typically 2-4% of the estate value.A.R.S. §§ 14-3719, 14-3721 (reasonable compensation; court review of reasonableness)Verified May 31, 2026 A trust avoids probate entirely and distributes assets faster than the 4-6 month probate timeline.

Probate in Arizona typically costs 2-4% of the estate value in attorney fees alone.A.R.S. §§ 14-3719, 14-3721 (reasonable compensation; court review of reasonableness)Verified May 31, 2026 A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Arizona probate calculator.

No. A will must go through probate in Arizona. However, estates with personal property under $200,000 may qualify for simplified probate, which is faster and less expensive than full probate.A.R.S. §§ 14-3719 (PR compensation — "reasonable compensation"; no statutory percentage), 14-3721 (court review of compensation of agents/attorneys employed by PR), 14-3971 (small estate affidavit; HB 2116 / Ch. 24, Laws 2025, 57th Leg. 1st Reg. Sess., eff. Sept. 26, 2025: personal property $200K per subsec. B, real property $300K per subsec. E; 30-day wait personal property, 6-month wait real property), 14-3603 (bond required by default; 4 exceptions: will waiver, all-heir/devisee written waiver, institutional-PR, surviving-spouse small estate; court may impose bond even after waiver per subsec. B), 14-3801 (notice to creditors: publish once/week 3 successive weeks; 4-month claim bar from first publication; mailed-notice creditors: later of 4 months or 60 days from mailing), 14-3803 (nonclaim deadlines), 14-3301 (informal probate — who may apply), 14-3715 (independent administration — PR powers without court order); azleg.gov announcements (57th Leg. 1st Reg. Sess. adjourned June 27, 2025; General Effective Date Sept. 26, 2025)Verified May 31, 2026

Simple estates in Arizona typically take 4-6 months through probate. Complex or contested estates can take 9-18 months or longer.A.R.S. §§ 14-3719 (PR compensation — "reasonable compensation"; no statutory percentage), 14-3721 (court review of compensation of agents/attorneys employed by PR), 14-3971 (small estate affidavit; HB 2116 / Ch. 24, Laws 2025, 57th Leg. 1st Reg. Sess., eff. Sept. 26, 2025: personal property $200K per subsec. B, real property $300K per subsec. E; 30-day wait personal property, 6-month wait real property), 14-3603 (bond required by default; 4 exceptions: will waiver, all-heir/devisee written waiver, institutional-PR, surviving-spouse small estate; court may impose bond even after waiver per subsec. B), 14-3801 (notice to creditors: publish once/week 3 successive weeks; 4-month claim bar from first publication; mailed-notice creditors: later of 4 months or 60 days from mailing), 14-3803 (nonclaim deadlines), 14-3301 (informal probate — who may apply), 14-3715 (independent administration — PR powers without court order); azleg.gov announcements (57th Leg. 1st Reg. Sess. adjourned June 27, 2025; General Effective Date Sept. 26, 2025)Verified May 31, 2026 A revocable trust avoids probate entirely, with assets typically distributed within weeks.

Yes. A will becomes a public court record once it enters probate in Arizona. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.

Use the Arizona probate calculator to estimate attorney fees, executor fees, court costs, and the probate timeline.A.R.S. §§ 14-3719 (PR compensation — "reasonable compensation"; no statutory percentage), 14-3721 (court review of compensation of agents/attorneys employed by PR), 14-3971 (small estate affidavit; HB 2116 / Ch. 24, Laws 2025, 57th Leg. 1st Reg. Sess., eff. Sept. 26, 2025: personal property $200K per subsec. B, real property $300K per subsec. E; 30-day wait personal property, 6-month wait real property), 14-3603 (bond required by default; 4 exceptions: will waiver, all-heir/devisee written waiver, institutional-PR, surviving-spouse small estate; court may impose bond even after waiver per subsec. B), 14-3801 (notice to creditors: publish once/week 3 successive weeks; 4-month claim bar from first publication; mailed-notice creditors: later of 4 months or 60 days from mailing), 14-3803 (nonclaim deadlines), 14-3301 (informal probate — who may apply), 14-3715 (independent administration — PR powers without court order); azleg.gov announcements (57th Leg. 1st Reg. Sess. adjourned June 27, 2025; General Effective Date Sept. 26, 2025)Verified May 31, 2026

Whether a trust is cost-effective depends on estate size, property types, and Arizona's probate costs. The Arizona trust need assessment evaluates these factors against your specific situation.

Trust vs Will in Arizona

The will route in Arizona pays attorney fees on a reasonable-compensation basis, typically 2%A.R.S. §§ 14-3719, 14-3721 (reasonable compensation; court review of reasonableness)Verified May 31, 2026 to 4%A.R.S. §§ 14-3719, 14-3721 (reasonable compensation; court review of reasonableness)Verified May 31, 2026 of the estate. There's negotiation room, but probate still takes time. The trust route is a higher upfront effort (the trust has to be funded), in exchange for skipping that fee entirely. The Arizona probate calculator shows the dollar gap on your estate size; the Arizona will cost calculator covers what each provider charges to draft the will itself.

Because Arizona is a community-property state, much of a married couple's estate already passes to the surviving spouse outside probate by operation of law. That tilts the will-vs-trust decision: at first death the trust adds less; at second death (or for unmarried owners), the gap re-opens.

If the estate stays under $200,000A.R.S. § 14-3971Verified May 31, 2026 in Arizona, the will-only path is short and inexpensive — a small-estate affidavit handles the transfer without formal probate. The trust route only pulls ahead at higher estate values where probate's cost and timeline start to bite.

Beyond cost, Arizona probate is a public proceeding: the will, asset inventory, beneficiary identities, and distribution amounts all become court records. A trust keeps the same information private. For some families that's the deciding factor regardless of dollar math.

If the trust route fits, the Arizona revocable trust builder handles the document. If you want a quick gut-check first, the trust need assessment walks through the size, complexity, and family-structure factors that swing the answer.

SimplyTrustSimplyTrust Editorial·Updated May 31, 2026

Legal Sources

  • A.R.S. § 14-3971
  • A.R.S. §§ 14-3719, 14-3721 (reasonable compensation; court review of reasonableness)

Data sourced from Arizona statutes and official state code. How we research.

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Arizona Estate Planning Resources

In-depth guides covering Arizona probate laws, trust requirements, and estate planning strategies.

$

Arizona Last Will and Testament

Arizona Revocable Living Trust

Nevada Revocable Living Trust

Estimated Net to Beneficiaries

$1,250,000

Estimated Net to Beneficiaries

$1,244,375

Estimated Net to Beneficiaries

$1,244,375

Probate fees are typically calculated on gross estate value before deducting debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.

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