Revocable Living Trusts in Arizona

Arizona has adopted the Uniform Trust Code as the Arizona Trust Code. A trust is revocable unless its terms expressly make it irrevocable. The settlor can revoke or amend by substantially following the method in the trust, or, if the trust's method is not exclusive, by other methods allowed by statute. For community property, either spouse can revoke as to their share, but amendment takes both spouses. Assets must be retitled to the trustee to be governed by the trust; property held in the trust passes under its terms without probate, while assets left outside it may still need probate or a small estate affidavit.

Non-probate options in Arizona include: beneficiary deeds for real estate, recorded before death (A.R.S. § 33-405); payable-on-death and joint survivorship bank accounts, which belong to the survivor or POD payee (A.R.S. § 14-6212); transfer-on-death registration of securities (A.R.S. § 14-6301 and following); a transfer-on-death beneficiary designation attached to a vehicle title at the owner's request (A.R.S. § 28-2055); property in a funded revocable trust (A.R.S. § 14-10602); and small estate affidavits for up to $200,000 of personal property and $300,000 of real estate (A.R.S. § 14-3971).