How to Avoid Probate Court in Arizona- The Documents You Need Now

The probate court process (the time in which a deceased person’s property and assets are transferred to their beneficiaries) can be long, stressful, and very costly. Different states have different ways to avoid probate; here is some information on how you can avoid the probate process in Arizona.

1. In Arizona you can create a living trust, which will allow you to avoid probate for any assets you may own. For example, bank accounts, retirement accounts, insurance policies, and vehicles. With a living trust you will need to name someone as a successor trustee, a person who will take over after your death. You will then need to transfer ownership of all of your property to yourself as the trustee of the trust. Once this is completed, all of your property will be controlled by the terms of your trust. After your death, the person you named as the successor trustee will then be able to transfer your assets to your beneficiaries according to your trust without having to go through probate.

2. If you happen to own property jointly with someone, the property will automatically be transferred to the survivor after your death. This is because the ‘right of survivorship,” is included in the joint ownership and probate will not be necessary in order to have the property transferred.

3. Arizona does allow you to leave your real estate with transfer-on-death deeds. These deeds are also known as beneficiary deeds, which you will sign and record now, but does not take effect until after your death. You are able to revoke the deed or sell your real estate at any time because the beneficiary of the deed has no right to the real estate until after your death.

4. You are able to do the same with any vehicles that you own. In Arizona you can register your vehicle with a transfer-on-death registration and the beneficiary you name will automatically inherit your vehicle, after your death, without having to go through probate.

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If you are not sure as to what legal document you currently have contact one of our professionals to help you with your planning needs. They will make sure you have all of your grounds covered and have the right legal documents that best suite your wants and needs.