by Patricia Glover, CLDP, CP/ACP, CNSA Certified Legal Document Preparer, Glover Court Solutions & Estate Planning
In Arizona, a last will and testament by itself is not enough to avoid probate. It accomplishes the exact opposite when 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 and 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.
