Revocable living trusts, which are popular estate planning tools in Arizona, do not require recording with any government agency or court. These trusts are designed to manage your assets during your lifetime and distribute them after your death, all while avoiding the public process of probate.
Is Recording Required? In Arizona, trusts do not need to be recorded with any government agency. This allows them to remain private, which is one of their main benefits.
You can set up a living trust by yourself. However, if you're not experienced, it might make more sense to get professional advice. If your estate is worth a lot, you may benefit from a living trust. The Uniform Probate Code, however, does simplify the probate process for estates without a trust in Arizona.
Selecting the wrong trustee is easily the biggest blunder parents can make when setting up a trust fund. As estate planning attorneys, we've seen first-hand how this critical error undermines so many parents' good intentions.
That the trust exists and the date the trust instrument was executed. The identity of the settlor. The identity and address of the currently acting trustee. The powers of the trustee. The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust.
In Arizona, there is no legal requirement to record a trust with any government agency or public record office. Unlike real estate deeds or mortgages, trusts are private documents and are not typically recorded in public records.
Trust documents will need to be signed and notarized. To finalize an Arizona trust, you'll need to “fund” it which means transferring assets to its ownership.
Arizona Laws Governing Family Trusts The trust must have at least one beneficiary. The trust must contain explicit and specific duties for the trustee. If you designate only one beneficiary, they cannot also be a trustee. A beneficiary can be a trustee if you have multiple beneficiaries.
A trust is a legal entity created during life to hold and manage assets, potentially avoiding probate and offering more control over asset distribution both during life and after death.