by Patricia Glover, CLDP, CP/ACP, CNSA Certified Legal Document Preparer,
Glover Court Solutions & Estate Planning
In Arizona, a Last Will & Testament, by itself, is not enough to avoid probate. In fact, it accomplishes the exact opposite if it is not accompanied by probate-avoidance tools.
Examples of probate-avoidance tools include, but are not limited to, a Living Trust, a beneficiary deed recorded prior to the decedent’s death, and beneficiary designations on accounts.
When a person dies, his or her Will must be filed in Probate Court (unless probate-avoidance tools are used) and Letters of Appointment must be issued before the personal representative has any power to act on behalf of the estate of the decedent.
If a person dies with only a Last Will & Testament, and his or her estate is not set up to transfer to beneficiaries through probate-avoidance means, the Will must be probated.
Working with a professional who specializes in estate planning can help to alleviate the unnecessary and expensive burden of probate.
