Wills in Arizona
A Simple, Effective Plan for the Right Situation
For many individuals and families, a well-drafted will is a clear, practical way to put a plan in place—without unnecessary complexity.
At Royle Law, we help you determine whether a will-based plan is the right fit for your life, your assets, and your goals.
What a Will Does
A will is a legal document that allows you to:
Decide how your assets will be distributed and who or what you wish to support.
Name a personal representative (executor) to carry out your wishes.
Nominate guardians for minor children.
Provide clear instructions to simplify administration after death.
A properly prepared will provides clarity, guidance, and structure during a difficult time while ensuring that the people, pets, and causes you care about are honored according to your wishes.
When a Will-Based Plan May Be the Right Choice
While revocable living trusts are often recommended, they are not always necessary.
In many cases, a will-based plan is entirely appropriate—especially when:
Your assets are relatively straightforward.
You do not own property in multiple states.
You are comfortable with your estate going through probate.
You prefer a simpler, more cost-effective plan.
We believe estate planning should match your actual needs—not default to the most complex option.
For some clients, a trust adds meaningful benefits. For others, it adds cost, maintenance, and responsibility without enough upside.
Our role is to help you make that decision thoughtfully.
Do Wills Go Through Probate?
Yes. A will does not avoid probate.
Instead, your will serves as the roadmap the court follows during the probate process.
But probate in Arizona—particularly in Maricopa County—is often more manageable than many people expect.
Informal vs. Formal Probate in Arizona
Understanding What Probate Actually Looks Like
Not all probate is the same.
In Arizona, there are two types of probate proceedings: informal probate and formal probate.
Understanding the difference can help you anticipate what the process may look like—and how thoughtful planning can shape that experience.
Informal Probate
Informal probate is the most common form of probate in Arizona. It is generally used when there is a valid will, there are no disputes regarding the estate or the appointment of the personal representative, and the estate is relatively straightforward.
Common Features of Informal Probate
Minimal Court Involvement. The process is primarily handled through filings with the Probate Registrar rather than ongoing supervision by a judge.
Appointment of a Personal Representative. The court appoints the person nominated in the will—or another qualified individual if there is no will—to administer the estate.
Administration of Estate Assets. The personal representative gathers assets, provides required notices, handles creditor claims, and manages estate administration.
Payments of Debts and Expenses. Taxes, valid debts, and administrative expenses are paid from estate assets.
Distribution of Remaining Assets. After administration is complete, the remaining assets are distributed to devisees under the will or, if there is no will, then to heirs according to Arizona intestate succession laws.
Formal Probate
Formal probate is a more structured and court-supervised process used when an estate cannot be handled through informal probate. It is typically required when there are disputes, uncertainties, or legal issues that require a judge’s involvement.
Common Features of Formal Probate
Judicial Oversight. A judge becomes actively involved in resolving legal issues and supervising portions of the administration process.
Court Hearings and Orders. Formal probate commonly involve hearings, petitions, and court rulings regarding contested matters or questions about the estate.
Resolution of Disputes. Formal probate may be necessary in situations where:
A will is being contested.
Only a copy of a will can be located or the validity of a will is uncertain.
There are disagreements among heirs, devisees, or other interested parties.
There are concerns about undue influence or capacity.
The appropriate personal representative is unclear or contested.
The estate presents complex legal or financial issues.
Estate Administration Under Court Authority. The personal representative still gathers assets, provides required notices, handles creditor claims, pays taxes and valid debts, and administers the estate, but certain actions may require court approval.
Distribution of Estate Assets. Once disputes are resolved and administration is completed, the remaining assets are distributed pursuant to court orders, the will, or Arizona law.
How Long Does Probate Take?
Probate timelines vary significantly depending on the specific circumstances of the estate. Factors that commonly affect the duration of probate include the complexity of assets, whether real property must be sold, creditor issues, tax matters, and whether disputes arise among interested parties.
Even relatively straightforward probate estates commonly take at least one year to complete. Estates involving litigation or contested issues through formal probate proceedings may take substantially longer and, in some cases, can continue for several years.
Is Probate Always a Problem?
Not necessarily.
While probate is often viewed negatively, in Arizona:
It is generally less burdensome than in many other states
Informal probate avoids ongoing court supervision
Costs are often reasonable for simple estates
For some clients, accepting probate in exchange for a simpler estate plan is a very reasonable —and intentional—choice.
Wills vs. Trust: A Thoughtful Approach
There is no one-size-fits-all solution.
A trust can:
Avoid probate
Provide added privacy
Help manage more complex or higher-value estates
But a trust also requires:
Ongoing maintenance
Proper funding
Greater upfront cost and complexity
At Royle Law, we take a balanced approach:
We help you understand both options so you can choose the plan that actually fits your life—not just what is commonly recommended.
Our Approach
We design will-based plans that are:
Clear and legally sound
Easy to understand and implement
Tailored to your specific situation
If a will is the right tool, we will say so.
If a trust makes more sense, we will explain why.
Start with the Right Plan
Estate planning does not need to be complicated to be effective.
If you are ready to put a plan in place—or want guidance on whether a will is enough—we are here to help.