Every state has some rules about who may serve as the executor of an estate that goes through probate. Here are the requirements in Arizona.
Your executor must be:
(Ariz. Rev. Stat. §§ 1-215, 14-3203 (2024).)
Many states prohibit people who have felony convictions from serving as executor. In Arizona, however, there is no statute prohibiting you from naming an executor who has been convicted of a felony. But someone who “feloniously and intentionally” kills another person can’t be the deceased person’s executor. (Ariz. Rev. Stat. § 14-2803 (2024).)
In addition to the restrictions above, an Arizona probate court will reject a potential executor found to be “unsuitable in formal proceedings.” It’s highly unlikely, but if a question arises about the qualifications of the person you’ve named as your executor, the court will hold a formal hearing in front of all “interested persons”—such as your spouse, heirs, creditors, and other potential executors. At the hearing, a judge will determine who is best suited to serve as executor and terminate any appointment found to be improper. (Ariz. Rev. Stat. §§ 14-1201, 14-3203, 14-3414 (2024).)
In Arizona, your executor can't be a “foreign corporation.” This means that a corporation based outside of the state of Arizona would be ineligible to serve as your executor. (Ariz. Rev. Stat. § 14-3203 (2024).)
You'e free to appoint an individual who lives out of state to serve as your executor. But think carefully before naming someone who lives far away. For practical reasons, it’s usually best to name an executor who lives near you. Your executor might have to handle day-to-day matters for weeks, months, or sometimes longer.
If you want to know more about an executor’s duties and responsibilities, the Arizona Judicial Branch offers online training for personal representatives.
For more information about choosing your executor and making your will, see the Wills section of Nolo.com.
]]>The catalyst for greater national attention to this issue was 29-year-old Brittany Maynard, a woman diagnosed with terminal brain cancer who moved from California to Oregon to end her life in 2014. Maynard chose Oregon because California had not yet passed its aid-in-dying law, and Oregon is one of just a few other states to allow terminally ill patients to legally end their lives.
Arizona legislators have tried to pass aid-in-dying legislation for years. Now in the 2024 legislative session, lawmakers are considering another death with dignity bill, called the End-of-Life Decisions Act (numbered SB1530 in the state senate and HB2878 in the house of representatives). If passed, the law would allow terminally ill patients who meet certain requirements to request life-ending medication. This article first clarifies some confusing language related to death with dignity laws and then sets out the basics of Arizona’s proposed law.
“Death with dignity” and "medical aid in dying" are two of the most commonly accepted phrases describing the process by which a terminally ill person ingests prescribed medication to hasten death. Many people still think of this process as “assisted suicide” or “physician assisted suicide.” However, proponents of death with dignity argue that the term “suicide” doesn’t apply to terminally ill people who would prefer to live but, facing certain death within months, choose a more gentle way of dying. In fact, Arizona’s proposed law states that terminating one’s life under the law is not suicide. (See SB1530, Section 36-3317 and HB2878, Section 36-3317.)
Increasingly, health organizations are turning away from the term “suicide” to describe a terminally ill patient’s choice to reduce the suffering of an inevitable death. The phrase “aid in dying” is becoming a more accepted way to refer to this process. Arizona's proposed End-of-Life Decisions Act uses the phrase "aid in dying" throughout the text of the bill.
You may also see the phrase “right to die” used in place of “death with dignity” or "medical aid in dying." However, “right to die” is more accurately used in the context of directing one’s own medical care—that is, refusing life-sustaining treatment such as a respirator or feeding tubes when permanently unconscious or close to death. You can provide your own health care directions by completing an Arizona advance health care directive. (See the end of this article for more information.)
Arizona’s proposed law is modeled closely on Oregon’s Death With Dignity Act, which took effect in 1997. If Arizona's law passes, a patient requesting aid-in-dying medication must be:
A patient who meets the requirements above will be prescribed aid-in-dying medication only if:
To use the medication, the patient must be able to ingest it on their own. A doctor or other person who administers the lethal medication may face criminal charges.
You can read the full text of Arizona's proposed End-of-Life Decisions Act on the Arizona legislature's website.
To find out more about the history and current status of death with dignity laws in the United States, visit the website of the Death With Dignity National Center.
For information about appointing a health care agent and making known your own wishes for medical care at the end of life, see the Living Wills & Medical Powers of Attorney section of Nolo.com.
Updated March 1, 2024
]]>In all states, it is legal to have your loved one’s body at home after they die. Arizona does not require you to involve a licensed funeral director in the final arrangements. In fact, an Arizona statute explicitly allows a body disposition permit (see below) to be issued to “a funeral director or other responsible person.” (Ariz. Rev. Stat. § 36-326 (2024).)
Arizona law determines who has the right to make final decisions about a person’s body and funeral services. This right and responsibility goes to the following people, in order:
(Ariz. Rev. Stat. § 36-831 (2024).)
If there is more than one member of a category listed above, final arrangements may be made by any member of that category unless that person knows of another member of the category who objects. If there is an objection, decisions must be made by a majority of the members of the category who are reasonably available at the time. (Ariz. Rev. Stat. § 36-831 (2024).)
For more information about making an advance directive in Arizona, see Living Wills & Medical Powers of Attorney.
Note that, if you are in the military, you may name the person who will carry out your final wishes in the Record of Emergency Data provided by the Department of Defense.
Who pays for your funeral arrangements? You can either pay for your plans before you die, or you can set aside money for your survivors to use for this purpose. If you don’t do either of these things, and there’s not enough money in your estate to pay for funeral goods and services, your survivors must cover the costs.
Arizona law requires a body to be embalmed or refrigerated only if final disposition does not occur within 24 hours. (Ariz. Admin. Code § 4-12-303 (2024).)
Refrigeration or dry ice can usually preserve a body for a short time. There are resources available to help you learn to prepare a body at home for burial or cremation. The website of the National Home Funeral Alliance is a good place to start.
If the person died of a contagious disease, you should consult a doctor.
If you will not be using a funeral director, you must complete and file the death certificate yourself. Arizona law requires you to file the death certificate with the local or state registrar within seven days of the death. (Ariz. Rev. Stat. § 36-325 (2024).)
A doctor, health care provider designated by a hospital, medical examiner, or alternate medical examiner must complete the medical portion of the death certificate within 72 hours of the death. If the death occurs on an Indian reservation in Arizona and no medical examiner or alternate medical examiner is available, the tribal law enforcement authority may complete the medical certification. (Ariz. Rev. Stat. § 36-325 (2024).)
Arizona has implemented an electronic system for registering deaths. You go to the county health department to initiate the death certificate. After you supply the necessary information, the health department will contact the doctor electronically to notify him or her of the pending death certificate. The doctor will supply the cause of death and any other necessary medical information online.
You will need certified copies of the death certificate to carry out other tasks after the death, such as arranging for the disposition of the body and transferring the deceased person’s property to inheritors. You may be able to file the death certificate and get certified copies on the same day. If not, you will have to make a return trip to pick up the copies. Be prepared to pay a small fee for each copy.
You must obtain a disposition-transit permit before:
You will need a certified copy of the death certificate to obtain the burial transit permit. (Ariz. Rev. Stat. § 36-326 (2024).)
For information about how to obtain the permit, contact the Arizona Office of Vital Records or your county health department.
There are no laws in Arizona that prohibit home burial, and you are not likely to find local zoning laws on the matter. That said, it’s always a good idea to check zoning rules before establishing a family cemetery. You may be able to create a home cemetery if you live in a rural area.
Note that, by law, you must record the location of the cemetery with the county recorders office before burial. The local or state registrar is not supposed to issue a disposition-transit permit for interment in a cemetery unless the cemetery is on file with the county recorder or located on federal or tribal land. (Ariz. Rev. Stat. § 36-326 (2024).)
Unfortunately, in Arizona, crematories may not enter into contracts with members of the public. This means you will have to go through a funeral director to arrange cremation. A medical examiner must grant approval before a body can be cremated.
For more information about cremation, including information on scattering ashes, see Burial & Cremation Laws in Arizona.
Even the staunchest home funeral advocates know that learning to care for one’s own dead can be difficult, especially during a time of grief. If you need help, there are people available to coach you through this process. You can find local guides, consultants, and other resources by visiting the website of the National Home Funeral Alliance. The book Final Rights, by Joshua Slocum and Lisa Carlson, also offers extensive information on the subject.
For more information about final arrangements and documenting your final wishes in advance, see Nolo’s section on Getting Your Affairs in Order.
]]>In Arizona, many types of assets don’t need to go through probate. These assets automatically pass to their new owners without oversight from the probate court.
To learn more about how to avoid probate, see Avoiding Probate in Arizona.
Some estates can take advantage of shortcuts that avoid the full probate procedure.
Claiming property with an affidavit. Beneficiaries of small estates can claim their inheritance using a “small estate affidavit.” To use this simplified procedure, you fill out a small estate affidavit form, attach a death certificate (to learn how to obtain a death certificate, see the Arizona Department of Health Services website), and then present the affidavit to the person or institution—such as a bank or broker—holding the asset. Learn more about Claiming Property with Affidavits.
Here are the requirements for using a small estate affidavit in Arizona:
Personal property: To use an affidavit to claim personal property:
Arizona Revised Statutes §14-03971
Real estate: To use an affidavit to claim real estate:
Arizona Revised Statutes §14-03971
Simplified probate for all estates. Some small estates qualify for a simplified version of the probate process, called summary probate An estate will qualify for simplified probate if its value (less mortgages and liens) is less than the total value of:
After distributing all assets, the person appointed by the court to handle the estate—the personal representative (PR)—can close the estate by filing a petition with the court.
Arizona Revised Statutes §14-03973
For more information on probate shortcuts, see Probate Shortcuts in Arizona.
If property must go through probate, Arizona provides several options.
Informal probate. Informal probate is the simplest form of probate, used when there is a valid will that has not been challenged. The personal representative appointed by the court administers the estate with minimal court supervision.
Formal probate. The court uses formal probate to resolve an estate’s legal issues – for example, if the validity of a will is contested, there is a dispute over who should be appointed personal representative, or there are conflicting interpretations of a will.
Learn more about Contesting a Will.
Supervised probate. Some estates require supervised probate, in which the court oversees every step of the probate process. This means the personal representative must go to the court and ask for approval before taking any actions, such as paying creditors or distributing assets. Any person who has an interest in an estate can request supervised probate. Probate courts usually require supervised probate when it is necessary to protect an inheritor, creditor, or other interested party.
In Arizona, probate gets started when the person who wants to be appointed as personal representative files the will (if any) and a petition with the probate court. The court will appoint the person named as executor (personal representative) in the will, unless there's a very good reason why that person can't or shouldn't serve. If there's no will or the will doesn't name a PR, the court turns to state law, which lists who has priority for appointment. The surviving spouse is first on the list.
The court determines the validity of the will and gives the personal representative “letters of administration,” an official document showing the PR’s right to manage the estate.
Next, the personal representative notifies inheritors and creditors about the estate administration as part of the executor’s job. The personal representative notifies inheritors within 30 days of death. The personal representative publishes a notice to creditors in a local newspaper for three weeks, and mails notice to all known creditors. Creditors must make claims within four months after the notice is published. Known creditors who received the mailed notice can make claims within 60 days of the mailed notice, even if it falls outside the four-month period.
After notice, the personal representative gathers all the assets of the estate. The personal representative inventories, manages, and protects these assets. After creditors have been paid, the personal representative can distribute the assets to the beneficiaries. The personal representative then closes the estate by filing a petition for closing with the court. Arizona Revised Statutes §14-03801
Learn more about Estates, Executors, and Probate Courts.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Arizona.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
a spouse and descendants from you and that spouse | spouse inherits everything |
a spouse and descendants from you and someone other than that spouse | spouse inherits 1/2 of your separate property but no interest in the 1/2 of the community property that belonged to you children inherit 1/2 of separate property and the 1/2 of the community property that belonged to you |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Ariz. Rev. Stat. §§ 14-2102; 14-2103 (2023).)
In Arizona, if you are married and you die without a will, what your spouse gets depends in part on how the two of you owned your property—as separate property or community property. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. There are a couple of big exceptions: Gifts and inheritances given to one spouse are separate property, even if acquired during marriage.
If you want to learn more about how community property works, read Separate and Community Property During Marriage: Who Owns What?
You can find Arizona's community property laws here: Arizona Revised Statutes §§ 25-211 to 25-218.
In Arizona, your surviving spouse will automatically inherit your half of the community property if you have no descendants or if you have descendants—children, grandchildren, or great grandchildren—resulting only from your relationship with your surviving spouse. If you have descendants from another relationship, your spouse will automatically inherit your half of the community property only if you hold that property as “community property with the right of survivorship.” Otherwise, your half of the community property will be distributed among your descendants. (Ariz. Rev. Stat. § 14-2102 (2023).)
If you have separate property (many spouses mix everything together and don’t have any separate property) your spouse will inherit all or a portion of it. As with your community property, the size of your spouse’s share of your separate property depends on whether or not you have living descendants—children, grandchildren, or great grandchildren—from a previous relationship. If you do, those descendants and your spouse will share your separate property.
If you die without a will in Arizona, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether you are married, and whether your children are also your spouse's children. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Arizona must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Ariz. Rev. Stat. § 14-2105 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles or cousins.
Here are a few other things to know about Arizona intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Arizona's intestate succession laws here: Arizona Revised Statutes §§ 14-2101 to 14-2114.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>You can make several different types of POAs in Arizona. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Arizona.
For your POA to be valid in Arizona, it must meet certain requirements.
The person making a power of attorney must be of sound mind. In other words, at the time you make a POA, you must be "capable of understanding in a reasonable manner the nature and effect of the act of executing and granting the power of attorney." (Ariz. Rev. Stat. § 14-5506(D).) If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
Arizona law requires that you sign your POA in the presence of a notary public. A witness must also sign a statement before a notary. This witness cannot be:
While Arizona does not set out sample language for your entire POA in its state laws, the laws do provide some guidelines for what your document must contain. For example, your power of attorney must:
(See Ariz. Rev. Stat. § 14-5501(D) for the exact language.)
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, you can try a software program like WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire an Arizona lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will likely include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power:
In Arizona, unlike many other states, a power of attorney is not durable by default (meaning it won't remain effective after your incapacitation). To be durable, your power of attorney must include words such as, “This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time.” (Ariz. Rev. Stat. § 14-5501(B)(1).)
As mentioned above, you can't simply sign the document and call it a day. In Arizona, you must also have your POA notarized and witnessed.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document and can use it when needed.
If you gave your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the recorder's office in Arizona) in the county or counties where you own real estate. This will allow the recorder's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Arizona allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
For more on Arizona estate planning issues, see our section on Arizona Estate Planning.
]]>Filing the death certificate. Typically, the funeral home, mortuary, cremation organization, or other person in charge of the deceased person’s remains will prepare and file the death certificate. In Arizona, a death must be registered with the local or state registrar within seven days. (Ariz. Stat. § 36-325(A).) If someone dies in a hospital, nursing home, or hospice or is under treatment for an acute or chronic medical condition and dies from that condition, a health care provider designated by the treating doctor or facility must complete the medical certification of death on the death certificate within 72 hours of death.
Getting copies of the death certificate. You may need to obtain copies of a death certificate for a number of reasons. You may simply want to keep a copy for your personal records or, if you are in charge of wrapping up the deceased person’s affairs, you may require multiple, official copies to carry out your job. You will need to submit a certified copy of the death certificate each time you claim property or benefits that belonged to the deceased person, including life insurance proceeds, Social Security benefits, payable on death accounts, veterans benefits, and many others.
The easiest way to get copies of a death certificate is to ask the person or organization that files the certificate (often the funeral home) to order them for you at the time of the death. If you are the executor of the estate, you should ask for at least 10 certified copies.
If you need to order copies of a death certificate after the time of death has passed, contact the health department in the county where the death occurred or visit the Arizona Department of Health Services. When you apply for the death certificate, you must provide a copy of a signed photo ID (front and back) or a notarized copy of your signature, along with proof of eligibility (see below).
In Arizona, you must be at least 18 years old to order a certified copy of a death certificate. The following individuals and organizations are permitted to apply for a certified copy of a death certificate:
A genealogical researcher, under limited conditions, can receive a non-certified copy of a death certificate.
For details, see the Arizona Department of Health Services page on Who Can Obtain a Death Certificate.
Embalming is a process in which blood is drained from the body and replaced with fluids that delay disintegration. Though it is still a common procedure, embalming is rarely necessary; refrigeration serves the same purpose.
In Arizona, embalming isn't required except when burial or cremation won't occur within 24 hours or when the body isn't refrigerated immediately after death. (Section R4-12-303.) In addition, if the body is being shipped, embalming is usually required.
A casket is often the single greatest expense incurred after a death. The average cost of a casket is more than $2,000, and the price can run into the $10,000-$20,000 range for more elaborate designs and expensive materials. Whether due to the cost or for other reasons, some people prefer to forgo a casket altogether.
Burial. No law requires a casket for burial. However, you should check with the cemetery; it may have rules requiring a certain type of container. (For more information on burial containers, see the Consumer Guide to Arizona Funerals, published by the Arizona Board of Funeral Directors and Embalmers.)
Cremation. No law requires a casket for cremation. On the contrary, federal law requires a funeral home or crematory to inform you that you may use an alternative container, and to make such containers available to you. An alternative container may be made of unfinished wood, pressed wood, fiberboard, or cardboard.
No. Although funeral homes may sometimes be very pushy about getting you to buy caskets from them, federal law requires funeral homes to accept caskets that consumers have purchased from another source, such as an online retailer. (Learn more about your consumer rights under the FTC Funeral Rule.) You may also build your own casket, if you prefer.
Alkaline hydrolysis (more informally called "water cremation," "flameless cremation," "aquamation," and many other terms) is a chemical process that reduces a body to components of liquid and bone. It's considered a greener alternative to cremation because it uses less energy than cremation and does not release matter into the atmosphere.
In 2023, Arizona recognized water cremation as an acceptable form of disposition when it adopted laws setting out licensing requirements for alkaline hydrolysis facilities and operators. (Ariz. Stat. §§ 32-1341 to 32-1347.)
While water cremation or aquamation is recognized by law, you might be able to find only a small number of facilities offering the service in Arizona, which might mean traveling a distance to access it. The equipment is expensive and public demand is still small, though it's growing. With time, facilities offering water cremation are likely to become more commonplace.
If you're interested in this option for yourself, you may want to explore pre-planning your final arrangements. Water cremation tends to cost a little more than traditional cremation. (For example, see this 2023 NPR interview on water cremation in which one funeral home prices its water cremation service at $1,000 more than traditional cremation.)
Learn more about alkaline hydrolysis.
Most bodies are buried in established cemeteries, but there are no state laws in Arizona that prohibit burial on private property. Local governments may have rules governing burials, however. Before burying a body on private land or establishing a family cemetery, you should check county and city zoning rules.
In addition, in Arizona, before a body is buried, the location of the cemetery must be filed with the county recorder's office. The local or state registrar is not supposed to issue a burial permit unless the cemetery is on file with the county recorder or located on federal or tribal land. (Ariz. Stat. § 36-326(I).)
In Arizona, there are no state laws governing where you may keep or scatter ashes. But the county medical examiner must approve of cremation, and an authorizing individual (like the executor or next-of-kin) must sign a form authorizing cremation within 15 days of the death.
Generally, use common sense and refrain from scattering ashes in places where they would be obvious to others.
Scattering ashes on private land. You are allowed to scatter ashes on your own private property. If you want to scatter ashes on someone else’s private land, it’s wise to get permission from the landowner.
Scattering ashes on public land. You may wish to check both city and county regulations and zoning rules before scattering ashes on local public land, such as a city park. However, many people simply proceed as they wish, letting their best judgment be their guide.
Scattering ashes on federal land. Officially, you should request permission before scattering ashes on federal land. As with local or state land, however, you will probably encounter no resistance if you conduct the scattering ceremony quietly and keep the ashes well away from trails, roads, facilities, developed areas, campgrounds, and waterways. You can find guidelines for scattering ashes on the websites of some national parks. For more information, begin your search at the National Park Service website.
Scattering ashes at sea. The federal Clean Water Act requires that cremated remains be scattered at least three nautical miles from land. If the container will not easily decompose, you must dispose of it separately. The EPA does not permit scattering at beaches or in wading pools by the sea. Finally, you must notify the EPA within 30 days of scattering ashes at sea.
The Clean Water Act also governs scattering in inland waters such as rivers or lakes. For inland water burial, you may be legally required to obtain a permit from the state agency that manages the waterway.
For more information, including the contact information for the regional EPA representative for Arizona, see Burial at Sea on the EPA website.
Scattering ashes by air. While there are no state laws on the matter, federal aviation laws do prohibit dropping any objects that might cause harm to people or property. The U.S. government does not consider cremains to be hazardous material; all should be well so long as you remove the ashes from their container before scattering.
For more information about funeral laws in Arizona, see Arizona Home Funeral Laws. To learn about the federal rule on funerals, which protects consumers in all states, visit the FTC's Funeral Rule page.
To find out more about funerals and other final arrangements, see Nolo's section on Getting Your Affairs in Order.
Get It Together, by Melanie Cullen (Nolo), helps you gather and organize the essential details of your life for yourself and your family.
]]>Arizona offers a procedure that allows inheritors to skip probate altogether. To qualify, the estate (the property you own at death) must meet these requirements:
Ariz. Rev. Stat. Ann. § 14-3971.B.
For real estate, the requirements are similar, except that the value of the real estate can't exceed $100,000, and at least 6 months must have elapsed since the death. Ariz. Rev. Stat. Ann. § 14-3971.E.
If your estate meets the requirements listed above, all your inheritor has to do is sign a simple document under oath, called an affidavit. There's a separate affidavit for collecting personal property (all property except real estate), and one for real estate only. The Affidavit for Collection of Personal Property and the Affidavit for Transfer of Title to Real Property contain statements such as:
After signing the document (and swearing to its truthfulness) and having it notarized, the inheritor simply presents the affidavit to the person or institution holding the property—for example, a bank where the deceased person had an account. The inheritor will usually also need to provide a certified copy of the death certificate. After that, the person or institution transfers the property.
Maricopa County provides small estate affidavit forms; check with your county to find out how you can obtain the right forms.
Another probate shortcut that Arizona offers is a simplified probate process for small estates called "summary administration" (or "summary probate"). Unlike the affidavit procedure discussed above, summary administration does not allow your survivors to skip probate. However, the probate process is much more streamlined than full probate, saving time, probate fees, and potentially lawyer fees.
You can use summary administration in Arizona if the value of the entire estate, less liens and encumbrances (meaning after debts are subtracted), does not exceed the value of:
Ariz. Rev. Stat. Ann. § 14-3973. So what does all this mean? It's tricky not to have an exact dollar amount to compare against the size of your estate, but it really depends on your circumstances—for example, whether you leave behind a spouse and/or children. Some of these amounts also change each year to match cost of living adjustments.
The bottom line is that if the size of your estate doesn't exceed these amounts, which can be set aside from your estate by law, your executor or personal representative can wrap up your estate in probate court very quickly because there aren't any remaining assets after these amounts are paid out.
If the estate qualifies, the executor or personal representative of the estate can use summary administration by taking the following steps:
Ariz. Rev. Stat. Ann. § 14-3974. If it's available to your estate, summary administration allows the executor or personal representative to distribute the property in the estate without having to jump through the hoops of regular probate.
For more help handling an estate in general, see The Executor's Guide, by Mary Randolph (Nolo). For an introduction to how you can plan your estate to help your survivors, try Estate Planning Basics, by Denis Clifford (Nolo).
For more on Arizona estate planning issues, see our section on Arizona Estate Planning.
]]>A "living" trust (also called an "inter vivos" trust) is simply a trust you create while you're alive. The beneficiaries you name in your living trust receive the trust property when you die. You could instead use a will, but wills must go through probate—the court process that oversees the transfer of your property to your beneficiaries.
Many people create a revocable living trust as part of their estate plan. These trusts can be modified or revoked at any time. Typically, you'll name yourself as the "trustee" of your trust. This means that while you are alive, you retain control of the trust and its property. In your trust document, you will also name a "successor trustee" to take over and manage the trust (distribute your property) after you die. (If you create a shared living trust, as is often done by spouses, then your successor trustee would assume control after both spouses have died.)
In contrast, irrevocable trusts cannot be revoked or modified after they are signed. Irrevocable trusts can be useful tools for specific goals, like reducing taxes, but they require giving up ownership and control of trust property.
When you set up a living trust to transfer your property to your loved ones after your death, you can potentially save them time, hassle, and money. Property left through a will (rather than a living trust) might be tied up for months or even years in probate court, and could involve court costs and lawyers' fees. By contrast, property left through a trust can be distributed to your beneficiaries almost immediately, and often without the need for an attorney.
However, Arizona is one of the states that has adopted the Uniform Probate Code, a model law that streamlines the probate process. In other words, probate in Arizona might not be quite as cumbersome as it is in other states. In addition, Arizona offers simplified probate processes for small estates. Your inheritors can skip the probate process altogether and use a simple affidavit to claim property if:
(If there's real estate worth $100,000 or less, this procedure is available as well, but the waiting period is significantly longer.)
Your estate may also be able to use a probate shortcut called "summary administrative procedure" if the value of the entire estate doesn't exceed certain allowances (including the homestead allowance and family allowance) and costs (including funeral expenses and the medical expenses of a last illness).
If you think that the property in your estate will qualify for one of these shortcuts, the probate process might be straightforward and relatively inexpensive, so you might not need to worry about making a living trust to avoid probate.
Additionally, in Arizona, you can transfer real property using a transfer-on-death deed; this can keep your home out of probate without using a living trust.
Yes, you'll still need a will. This might seem confusing—isn't the point of a living trust to avoid needing a will? Yes, it is, and your will might never be used. But you should still write one, for one or both of the following reasons:
If you don't have a will, any property that isn't transferred by your living trust or other method (such as joint tenancy) will go to your closest relatives as determined by Arizona state law.
Probably not. Most people do not need to worry about federal estate taxes because the federal estate tax is levied only on estates worth close to $12 million. Arizona does not have its own estate tax.
That said, if you have an estate worth close to $12 million (or you and your spouse or partner have a combined estate of close to $24 million), you might be able to use a more complicated trust (such as an AB trust) to reduce or avoid estate taxes.
To make a living trust in Arizona, you:
You can use WillMaker & Trust to make a living trust using your computer. It has a simple interview format that allows you to complete the trust at your own pace, and it gives you lots of legal and practical help along the way. Based on your responses, the program produces a living trust document customized for you and your situation. With WillMaker & Trust, you can also make a will, powers of attorney, health care directives, transfer on death deeds, and many other useful documents. Use it just for yourself or for your entire family.
For more on Arizona estate planning issues, see Arizona Estate Planning.
]]>Here’s a quick checklist for making a will in Arizona:
A will, also called a "last will and testament," can help you protect your family and your property. You can use a will to:
In Arizona, if you die without a will, your property will be distributed according to state "intestacy" laws. Arizona's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, nieces, and nephews. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.
No. You can make your own will in Arizona, using Nolo's Quicken WillMaker & Trust. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?
To make a will in Arizona, you must be:
Ariz. Rev. Stat. Ann. § 14-2501.
Your will must be in writing, but it can either be on hard copy or a digital file that has been electronically signed. (See “Can I Make a Digital or Electronic Will?” below.) Ariz. Rev. Stat. Ann. § 14-2502. Arizona does permit handwritten (holographic) wills Ariz. Rev. Stat. Ann. § 14-2503.
To finalize your will in Arizona:
Ariz. Rev. Stat. Ann. § 14-2502.
Neither witness can be related to you by blood, marriage, or adoption or be a beneficiary of the will unless the will is self-proved (Ariz. Rev. Stat. Ann. § 14-2505). Even if you have your will self-proved, it's best not to have an “interested” witness sign your will because doing so could call into question the validity of your will.
Holographic (handwritten) wills do not require witnesses. The signature and material provisions must be in your handwriting. Ariz. Rev. Stat. Ann. § 14-2503.
No, in Arizona, you do not need to notarize your will to make it legal.
However, Arizona allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. Ariz. Rev. Stat. Ann. § 14-2504.
Yes. In Arizona, you can use your will to name a personal representative who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust software produces a letter to your personal representative that generally explains what the job requires. If you don't name a personal representative, the probate court will appoint someone to take on the job of winding up your estate.
In Arizona, you may revoke or change your will at any time. You can revoke your will by:
Ariz. Rev. Stat. Ann. § 14-2507.
If you get divorced or your marriage is annulled, any gift to your spouse or appointment of your spouse or one of their relatives as a personal representative or trustee is automatically revoked unless your will expressly states otherwise. Ariz. Rev. Stat. Ann. § 14-2804.
If you need to make changes to your will, it’s best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will – this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).
Arizona is one of a handful of states that technically allows electronic wills (e-wills). The requirements for making a valid e-will can be elaborate, and the concept is still fairly new. As a result, e-wills are still not commonplace. For more details on Arizona's specific approach to e-wills, see What Is an Electronic Will?
You can find Arizona’s laws about making wills here: Arizona Revised Statutes Title 14 – Trusts, Estates and Protective Proceedings Chapter 2 – Intestate Succession and Wills.
]]>In Arizona, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee). Then—and this is crucial—you must transfer ownership of your property to yourself as the trustee of the trust. Once all that's done, the property will be controlled by the terms of the trust. At your death, your successor trustee will be able to transfer it to the trust beneficiaries without probate court proceedings.
If you own property jointly with someone else, and this ownership includes the "right of survivorship," then the surviving owner automatically owns the property when the other owner dies. No probate will be necessary to transfer the property, although of course it will take some paperwork to show that title to the property is held solely by the surviving owner.
In Arizona, these forms of joint ownership are available:
In Arizona, you can add a "payable-on-death" (POD) designation to bank accounts such as savings accounts or certificates of deposit. You still control all the money in the account—your POD beneficiary has no rights to the money, and you can spend it all if you want. At your death, the beneficiary can claim the money directly from the bank without probate court proceedings.
Arizona lets you register stocks and bonds in transfer-on-death (TOD) form. People commonly hold brokerage accounts this way. If you register an account in TOD (also called beneficiary) form, the beneficiary you name will inherit the account automatically at your death. No probate court proceedings will be necessary; the beneficiary will deal directly with the brokerage company to transfer the account.
Arizona allows you to leave real estate with transfer-on-death deeds. These deeds are also called beneficiary deeds. You sign and record the deed now, but it doesn't take effect until your death. You can revoke the deed or sell the property at any time; the beneficiary you name on the deed has no rights until your death. Ariz. Rev. Stat. Ann. § 33-405.
Arizona allows transfer-on-death registration of vehicles. If you register your vehicle this way, the beneficiary you name will automatically inherit the vehicle after your death. No probate court proceeding will be necessary.
Even if you don't do any planning to avoid probate, your estate may qualify for Arizona's simplified "small estate" probate procedures. For more details, see Probate Shortcuts in Arizona. For more on avoiding probate, see 8 Ways to Avoid Probate, by Mary Randolph (Nolo).
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