Families in Arizona often wonder whether a will is enough, whether a trust adds essential protection, or whether combining both offers the strongest plan. These questions aren’t abstract. They shape how quickly heirs receive assets, how private the process remains, and how disputes are resolved in court. Are you asking, Do you need a will and a trust? If so, you are really asking how to safeguard both wealth and family relationships.
Theut Scaringelli & Kupiszewski P.L.C. has answered these questions for decades within Arizona probate courts. With judicial insight from Stephen Kupiszewski’s years on the Superior Court Bench and Paul Theut’s recognition from the State Bar of Arizona, the firm helps families choose the right structure—and defend it if challenged.
Key Takeaways: Do You Need a Will and a Trust in Arizona?
- A will and a trust do different jobs. A will typically directs what happens at death and can name guardians, while a trust can manage assets during life and help assets transfer with more privacy and control.
- Many Arizona families use both, because a trust can handle major assets and the will can act as a backstop for anything that is not properly aligned to the trust.
- The best choice depends on your assets, your family dynamics, and how much control and privacy you want around distributions.
- Planning now can reduce delays, reduce conflict, and give your family a clear roadmap when the future feels uncertain.
Do You Need a Will and a Trust?
A will names beneficiaries, appoints guardians for children, and directs how property passes. A trust can manage assets during life, bypass probate at death, and impose conditions on distributions. Together, they create a more complete plan.
Key differences include:
- Wills. Become effective at death and must pass through probate.
- Trusts. Operate during life and after death, avoiding probate if properly funded.
- Both. Used in tandem, where the will covers what the trust does not.
Many families find that using a will and a trust is the best approach because each tool serves a different purpose.
It Is Normal to Feel Unsure About the “Right” Choice
Most Arizona families are not trying to create a complex plan. They are trying to protect people, avoid conflict, and make the future easier. A clear explanation of what a will does, what a trust does, and how both tools can work together often brings immediate peace of mind.
Request a Confidential ConsultationA Closer Look: Will or Trust or Both?
The decision between a will, or trust, or both depends not just on assets, but also on family dynamics, future tax exposure, and how much control you want to exert after death. For example:
- Simple estates. A will alone may suffice when assets are modest, debts are minimal, and heirs are few. Arizona’s simplified probate procedures can make this an efficient option.
- Larger or blended families. A trust often prevents conflict by specifying conditions for inheritance, protecting children from prior marriages, or shielding inheritances from creditors. Unlike a will, a trust keeps terms private and avoids the delays of probate.
- Business owners or high-net-worth individuals. A revocable living trust can manage business succession and major assets, while a pour-over will captures any unintentionally left-out assets. This streamlines administration while reducing the likelihood of litigation.
Arizona law does not impose an estate tax, but federal estate tax thresholds ($13.990 million per person in 2025) make trust planning critical for wealthier households. At Theut Scaringelli & Kupiszewski, our attorneys work with clients to evaluate their full picture: asset size, family needs, and long-term goals. We understand how the wrong choice today can spark costly battles tomorrow, and we tailor solutions to prevent that outcome.
Do I Need a Will or a Trust or Both: How Do I Decide?
This question sits at the heart of estate planning. A will and a trust serve different functions, and the right path depends on your family dynamics, the nature of your assets, and your long-term goals.
Ask yourself:
- Do you want heirs to avoid probate court? In Arizona, probate is a public process, and while it can be straightforward for smaller estates, larger or contested matters often stretch for months.
- Do you need privacy regarding your estate’s size and terms? Wills become public records once filed with the court. If properly funded, trusts allow families to settle affairs outside that spotlight.
- Do you anticipate family disputes over assets? A carefully drafted trust can minimize conflict by clearly outlining the conditions under which distributions occur.
- Do you own property in multiple states? Without a trust, heirs may face probate in each state where you hold property, multiplying costs and delays.
For many Arizona residents, the safest solution is both a revocable living trust for major assets and a will to handle everything else. The combination helps ensure privacy, efficiency, and comprehensive coverage.
We regularly guide clients through this decision. Our experience in state probate courts, combined with Stephen Kupiszewski’s years on the Superior Court Bench, gives families confidence that every angle—legal, financial, and practical—is thoroughly considered.
Get Clear Answers About Whether You Need a Will and a Trust in Arizona
You do not need to know the “perfect” solution before you reach out. You just need a clear conversation about your goals, your assets, and the people you want protected. Some families only need a will, while others benefit from a trust that brings privacy and long-term control. Many families choose both because each tool covers a different risk, and together they create a more complete plan. When planning is done right, your family is not left guessing, fighting, or stuck in avoidable delay. Theut Scaringelli & Kupiszewski P.L.C. focuses exclusively on probate, trust, guardianship, and estate matters in Arizona. Request a confidential consultation to get real answers and a clear next step.
Request a Confidential ConsultationTheut Scaringelli & Kupiszewski P.L.C.: Arizona Counsel for Estates
For Arizona families asking whether they need a will, a trust, or both, guidance from seasoned attorneys can mean the difference between smooth administration and courtroom conflict. Theut Scaringelli & Kupiszewski P.L.C. focuses exclusively on probate, trust, estate planning, and guardianship law. Our lawyers have appeared before every probate judge in Maricopa County and handled some of the state’s most complex cases.
With decades of combined experience spanning contested estates, high-value trusts, guardianships, and financial exploitation matters, the firm provides counsel rooted in legal precision and courtroom-tested strategies. Call today to schedule a consultation.
Frequently Asked Questions: Do You Need a Will and a Trust in Arizona?
These answers help Arizona families decide whether a will is enough, whether a trust adds meaningful protection, and when using both can create a stronger plan.
1) Do you need a will and a trust in Arizona, or is one enough?
Many people can use either tool, but a lot of Arizona families choose both because each solves different problems. A will often provides core direction at death, while a trust can help manage assets during life and streamline how assets transfer later.
2) What does a will do that a trust does not?
A will can name key decision-makers and clarify intentions at death, and it is commonly used to address guardianship planning for minor children. It can also provide direction for assets that are not otherwise aligned with your overall plan.
3) What does a trust do that a will does not?
A trust can be used to manage assets while you are living and after you pass away. If assets are properly aligned to the trust, it can help your family avoid unnecessary delay and can keep the details of the plan more private.
4) If I have a trust, do I still need a will in Arizona?
Many people still keep a will even with a trust. It can serve as a safety net for assets that were never properly aligned to the trust and can provide additional clarity for the court process if something is challenged.
5) What is a pour-over will and why do Arizona families use it?
A pour-over will is commonly used alongside a trust to “catch” assets that are not aligned to the trust. It helps keep the plan cohesive and reduces the risk that a forgotten asset creates confusion for the people you leave behind.
6) What does “trust funding” mean, and why does it matter?
Trust funding means aligning assets so the trust actually controls them. A trust is only as effective as the assets that are properly aligned to it, which is why funding and coordination are often the difference between a smooth plan and a messy one.
7) When does a trust make more sense than a will in Arizona?
Trust planning is often considered when privacy, long-term control, or family dynamics create additional risk. It is also common when you want structured distributions, creditor-aware planning, or a smoother process for heirs.
8) Can a will or trust help reduce family conflict?
Clear planning often lowers conflict because people are not forced to guess what you wanted. A well-structured plan can reduce misunderstandings, reduce power struggles, and give decision-makers clear authority to act.
9) Do I need a will and a trust if I have beneficiary designations?
Beneficiary designations can transfer certain assets, but they do not cover everything and they do not automatically coordinate your overall plan. Many Arizona families use wills and trusts to create one strategy that aligns ownership, beneficiaries, and decision-making.
10) What is the best first step to decide between a will, a trust, or both?
Start with a consultation focused on your assets, family dynamics, and the outcomes you care about most. From there, you can choose the structure that protects your family and reduces the chance of delay or disputes later.
