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.
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.
A 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.
Theut 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.
