Most people Googling “trust or will” end up reading 3,000 words that boil down to “it depends, talk to a lawyer.” That’s technically true but unhelpful.
Here’s a better version. Four questions. About five minutes. By the end you’ll know roughly which one fits your situation, and you can talk to us (or any other Arizona estate attorney) with that as a starting point.
Quick context. In Arizona, a will runs $500 to $1,000 at our prices and goes through probate court at death. A living trust runs $1,200 to $1,500and skips probate entirely if it’s funded correctly.
Question 1: Do you own real estate?
If yes, lean toward a trust.
Arizona’s probate threshold for real property is $100,000. Almost any home with even partial equity is over that. That means without a trust (or a beneficiary deed), your home goes through probate at your death. Six to twelve months. Public record. Five to fifteen thousand dollars in attorney and court fees.
A funded living trust skips all of that. The trustee transfers the property directly to your named beneficiary. No court hearing. No public filing. No wait.
For homeowners whose home is the only asset that would hit the threshold, the Arizona beneficiary deed (a separate, simpler tool) can do the same job for a fraction of the cost. We’ll walk through whether that fits.
Question 2: What’s your total estate worth, roughly?
Add it up at a high level. Home equity, retirement accounts, investments, life insurance, vehicles, valuables. A rough number is fine.
Under $100,000 total.A basic will plus the two main powers of attorney is usually plenty. You’re under Arizona’s small-estate thresholds; even probate is simplified. Cost at our prices: about $1,000 total for a single adult.
$100,000 to $500,000.Now you’re in trust territory. Especially if any of that is home equity. The trust prevents probate; the will is the safety net. Cost: $1,200 to $1,500 for the trust, plus $250 per person per power of attorney.
$500,000 to $2 million.Trust, almost always. Coordinated beneficiary designations on retirement accounts. Possibly some tax-aware drafting for the community property step-up at first spouse’s death.
Over $2 million. Beyond the standard flat-fee scope. You probably want a specialist for the tax planning. We can recommend one. [VERIFY WITH JON: confirm preferred AZ tax-specialist referrals.]
Question 3: Do you have minor children?
If yes, you need a will regardless. The will is what names a guardian for your kids if something happens to both parents.
This is the single most under-appreciated estate planning move for parents of young kids. The Arizona default (if you have no will) is whoever the court decides. Naming the guardian yourself takes ten minutes and prevents an enormous amount of family pain.
A trust can’t name a guardian. So even if you’re going trust-route for everything else, you still need a will alongside it. A “pour-over will” is the standard pair: it names the guardian and catches anything that didn’t make it into the trust during your lifetime. Every trust package we draft includes one.
Question 4: How much do you care about privacy?
Wills go through probate court. Probate becomes public record. Anyone (neighbors, ex-spouses, strangers, a determined Google searcher) can look up the inventory of your estate at the county courthouse.
Trusts are private. They never enter probate. The transfer of assets happens privately between the trustee and beneficiaries, with no court filing.
For many families this doesn’t matter much. For others (anyone with a complicated family, a public-facing job, or just a strong preference for keeping personal finances personal), it’s a real reason to lean trust.
The decision matrix
Most people fall into one of these buckets:
Will-based plan probably enough
- · Renter or no significant real estate
- · Estate under ~$100,000
- · Modest privacy concerns
Recommended: Basic will + 2 POAs. ~$1,000 total.
Learn moreTrust-based plan probably better
- · Own a home (or other real estate over $100k)
- · Estate over Arizona's small-estate thresholds
- · Want to avoid probate, value privacy
Recommended: Living trust + pour-over will + POAs. $1,750+ for the bundle.
Learn moreTalk to us, it's a judgment call
- · Blended family or prior-marriage children
- · Out-of-state property
- · Business interests
- · Special-needs beneficiary
Recommended: Free 30-min consultation. We'll tell you straight which fits.
Learn more
A note about hybrid options
Estate planning isn’t binary. For some Arizona homeowners with modest savings, the right move is a basic will plus a beneficiary deed on the house. That handles the probate-on-the-home issue without the cost of a full trust. Cost: about $700 to $1,000 total.
For some couples, separate trusts (rather than a joint trust) work better than the conventional joint structure. Especially in second marriages.
The four questions above get you 80% of the way to the right answer. The last 20% is what the free consultation is for.
Common questions
Can I just upgrade from a will to a trust later?
Yes. A will doesn't lock you in. If you start with a basic will at 30 and buy a house at 38, you can add a trust then. The cost is whatever a trust costs at that point ($1,200 to $1,500 at our prices) plus a small amendment fee on the existing will to make it a pour-over.
Does a trust replace my will, or do I need both?
Both. Every trust needs a short "pour-over" will alongside it to catch assets you didn't title into the trust and to name guardians for any minor children (a trust by itself can't name guardians). Our trust packages include the pour-over will.
If I'm renting and I have no kids, do I need anything?
You probably want a basic will and two powers of attorney (healthcare + financial). The will directs who gets your savings, your retirement, your stuff. The POAs handle decisions if you're in a hospital and can't speak. All-in: about $1,000 at our prices.
I'm married. Do my spouse and I need separate plans or a joint plan?
Depends. If you have only-from-this-marriage children (or no children), a joint living trust with reciprocal wills is the clean answer. If either spouse has children from a prior relationship, separate plans (or a more carefully drafted joint structure) often work better to protect each spouse's intended beneficiaries.
What about beneficiary deeds?
Arizona-specific tool. For homeowners whose home is the main asset that would otherwise hit probate, a beneficiary deed transfers the property at death without probate, no trust required. It runs $200 to $500 plus a county recording fee. It's a real alternative to a full trust if your situation is simple. Limitations: only works for real estate, doesn't help during incapacity.
Educational only. Not legal advice. Reading this article does not create an attorney-client relationship. For a recommendation specific to your situation, schedule a free consultation.