Estate Planning for New Arizona Residents: A Moving Checklist

If you are moving to Arizona, plan to review your will, trust, powers of attorney and beneficiary forms with an Arizona-licensed attorney. Arizona is a community property state, and how you take title to your new home affects what happens to it later. This page is general information, not legal advice.

Call Terry: 602-483-4665

At the closing table, there is a moment that surprises a lot of my out-of-state buyers. The escrow officer asks how you want to take title to your new home, and the answer has estate planning consequences. Most people have not thought about it until that day. I would rather you think about it a few weeks earlier.

I am a REALTOR®, not an attorney. Use this page to build a list of questions for an Arizona estate planning attorney, and confirm everything with that attorney.

Step 1: Pull out your current documents

Gather your will, any trust, powers of attorney, health care directives, and the beneficiary forms for retirement accounts and life insurance. If they were signed in another state, write down where and when. Arizona law says a will signed outside the state can be valid here if it complied with the law of the place where you were when you signed it, or where you were living or were a national at signing or at death (A.R.S. 14-2506). Even so, executors, witnesses and terms that made sense in your old state may not fit your life here.

Questions to bring to an attorney:

• Does my executor or trustee live close enough to do the job?
• Do my documents refer to my old state's laws?
• Should my trust be updated with my new address and property?

Step 2: Understand community property in plain terms

Under A.R.S. 25-211, property either spouse acquires during the marriage is generally community property, owned by both spouses. Property acquired by gift, devise or descent is not community property. Couples moving from a state without community property laws sometimes find this confusing, especially for assets bought before the move or accounts held in one name. Those are questions for an attorney, and possibly a tax professional.

Step 3: Decide how you will take title to the home

This is where my world and estate planning overlap. Common ways to hold title include the following, and the statutes require specific wording in the deed for some of them (see A.R.S. 33-431):

• Community property with right of survivorship for married couples, which must be stated expressly in the deed
• Joint tenancy with right of survivorship, also stated expressly
• Tenants in common
• In the name of a living trust

Each choice affects what happens to the home when an owner dies. The title company can explain the options but cannot tell you which one to pick. Decide with your attorney before closing if you can, so the deed is right the first time.

Step 4: Look at a beneficiary deed

Arizona allows a beneficiary deed. It must state that it is effective at the owner's death, and it must be signed and recorded with the county recorder where the property is located before the owner dies (A.R.S. 33-405). The owner can revoke it by recording a revocation, and a later recorded deed controls over an earlier one. The transfer stays subject to any mortgage or lien on the property. Some people who do not want a full trust ask about this tool, while others already have a trust and do not need one. Whether it fits your situation is an attorney question.

Step 5: Update powers of attorney and health care documents

The Arizona Attorney General's Life Care Planning program offers forms at no cost, including a health care power of attorney, mental health care power of attorney, living will, pre-hospital medical directive and a POLST form. Its materials note you do not need an attorney to complete them, though you can have one review them. If you spend part of the year in another state, ask an attorney whether your documents work in both places. For financial powers of attorney, the same advice applies: have an Arizona attorney check the form.

Step 6: Do not forget the small stuff

• Beneficiary forms on retirement accounts, annuities and life insurance often control over a will. Review them.
• Vehicle titles. Arizona MVD has a Beneficiary Designation form for a sole owner of a vehicle to name who receives the title upon death.
• Bank accounts. Ask about payable-on-death designations.
• A list for your family of where documents are kept and who your attorney is.

A word on timing

You do not have to do all of this before you close. But Step 3 is easiest before the deed is recorded, and the rest is easier while the move is fresh and your papers are already out of the drawers. If you are still deciding where to live, our Arizona 55+ living guide and our 55+ homes in Arizona page can help you narrow the search.

Questions buyers ask

Do I need a new will if I move to Arizona?

Not always. Under A.R.S. 14-2506, a will signed outside Arizona can be valid here if it complied with the law of the place where it was signed or where you lived or were a national. Still, an Arizona attorney should review it against your new situation.

Is Arizona a community property state?

Yes. Under A.R.S. 25-211, property either spouse acquires during the marriage is generally community property, with exceptions such as gifts and inheritances. Ask an attorney how it applies to your assets.

What is an Arizona beneficiary deed?

A deed, authorized by A.R.S. 33-405, that says it takes effect at the owner's death and names who receives the real estate. It must be recorded with the county recorder before the owner's death, and the owner can revoke it by recording a revocation.

How should we take title to our Arizona home?

Common options include community property with right of survivorship for spouses, joint tenancy with right of survivorship, tenants in common, or a trust. Each works differently, so ask an attorney which fits your plan before closing.

Can you refer me to an estate planning attorney?

I can't give legal advice, but I'm happy to talk through your timeline. Call me at 602-483-4665 and I'll help you get the closing date and your attorney's schedule lined up. You can also ask the State Bar of Arizona for attorney referral resources.