Most people tend not to think about what happens after they die. And why would they? It’s not a very pleasant thought. Some believe that it doesn’t matter much, since they won’t be affected (“I’ll be dead and gone”). Others worry how their spouses and children will manage after they die, or fear that family may fight over their assets.
Whichever side you fall on, everyone can benefit from advance planning for the inevitable, not just the wealthy. Estate planning can benefit you, while you’re alive, and can make things easier for those you leave behind.
If estate planning has been on your mind lately, delay no further. The peace of mind that estate planning can bring is invaluable for you and your loved ones.
Below are answers to common questions I receive from clients that may help you decide to take the next step in your planning.
Do I actually need a will or other documents?
Most people assume that estate planning is only for the wealthy. While there is some truth to the old adage, “mo’ money, mo’ problems,” even simple or modest estates need direction and a plan.
If you own a home, have savings, have young or special needs children, you should consider a will (or trust) to provide instruction to your loved ones. Without one, state intestacy laws decide who gets your assets, and that may not match your wishes or the best interests and needs of your family.
Estate planning does not address only what happens after you’ve passed on. If you care who will make decisions for you in the event you become incapacitated, you benefit from having a plan in place. Without one, a judge may choose someone that you would not have chosen for yourself. Powers of Attorney will clarify for your family, and the court, who you want to make decisions for you, and you can place limits and provide instructions for worst-case scenarios.
If you’re considering a will, Lex-Pro Services can help! Fees start at $400.00.
What’s the difference between a will and a trust?
I discuss this issue more fully in my previous post. https://lex-pros.com/2026/04/29/understanding-probate-vs-trust-key-insights/
But for the sake of brevity, a will takes effect at death and names a Personal Representative to administer your estate through a process called probate. A will can also appoint guardians for children, establish trusts and deter contests over the terms of your estate plan.
A revocable living trust becomes effective immediately to hold and manage assets during your life. Just like a will, a living trust also passes your assets to your named beneficiaries after you die. While a trust does not usually go through probate, it does go through an administration process that is very similar to probate. It is common for people with a trust to have a “pour-over” will which acts as a “catch-call” for assets that may not have been transferred to the trust during your lifetime.
If you’re considering a will or a trust, Lex-Pro Services can help! Wills start at $400.00 and Trusts start at $500.00.
What is probate, and can I avoid it?
Probate is the court-supervised process of validating a will or invoking intestacy, paying debts, and distributing assets to your heirs or named beneficiaries. In Arizona, the probate process (in most cases) is informal and no more or less costly that administering a trust. In some ways, a trust can be more difficult to administer and the initial costs are usually much higher.
However, a living trust is not the only way to avoid probate. Beneficiary designations, payable-on-death accounts, and joint ownership can also be used in the planning process to minimize the scope of assets passing through probate.
In Arizona, a small estate affidavit can also be used if the value of your estate is below the threshold. As of September 26, 2025, a small estate affidavit can be used in cases where the total value of all personal property (less liens and encumbrances) does not exceed $200,000, and separately, where the value of real estate equity does not exceed $300,000 (calculated using county tax full cash value minus unpaid mortgage principal/liens at the date of death). A.R.S. § 14-3971.
If you’re faced with probating the will of a loved one, or if they died without a will, Lex-Pro Services can assist. Probate services begin at $125.00 per hour. Fees for small estate affidavits begin at $150.00.
Who should I name as personal representative, trustee, and guardian? This is more of a personal questions than a legal one. All the same, though, nominating fiduciaries is a necessary part of the estate planning process.
While you can nominate anyone you want, consider persons who are trustworthy, organized, and capable of taking on the responsibility. You may also want to consider geographical and financial limitations of your chosen fiduciaries.
It is usually a good idea to nominate one or two people as backups (sometimes called successors), in case your first choice is unable or unwilling to serve, such as in the case where they die before you.
In all cases, you may consider talking to your prospective fiduciaries first, to ensure that they are willing and able to accept the role, and to open communication on how you foresee things being handled.
What are powers of attorney and healthcare directives?
A will only addresses what happens to your assets after you die. A living trust can take the place of a power of attorney to some extent, but only with regard to assets that are held in trust, not personal assets held outside of the trust. A living trust also does not address health care decisions for you while you’re alive, but incapacitated.
A financial power of attorney appoints an agent to manage your finances, assets and business matters if you can no longer manage them yourself, or if you simply don’t want to. Financial powers can be immediate or springing (effective only upon incapacity/disability), and can be general (broad) or limited (narrow).
A healthcare power of attorney appoints an agent to make health care decisions for you when you are no longer able to make or communicate these decisions for yourself, due to illness or injury. A healthcare power can also limit the scope of your agent’s authority, such as by granting or denying them the ability to manage mental health care, or limit contact between you and family or friends.
An advance directive, sometimes referred to as a living will, works in conjunction with your health care power. This document provides additional details and directions to your agent as to how decisions should be made, and what kind of treatments you do or do not want. An advance directive also provides end-of-life instructions, and tells your agent what you want done in the immediate aftermath of your death, such as whether you should be buried or cremated and whether or not organ donation is desirable.
Lex-Pro Services can walk you through the options and assist you with the preparation of powers of attorney and advance directives. Fees start at $150.00.
How do beneficiary designations work?
Certain assets can be passed to your beneficiaries even in the absence of a will or trust. However, these designations must be communicated, in writing, for each asset individually. Examples of assets that can be passed down through a beneficiary designation may include motor vehicles, real property, retirement accounts, life insurance, and bank accounts. These designations supersede your will or trust because they essentially remove them from your probate or trust estate. In most cases, a specific form is required to be filed or the documents have to be recorded in public records in order to be effective.
Lex-Pro Services can prepare and record Beneficiary Deeds and other designations. If you already have your documents ready, notary services are also available beginning at $10.
What about estate and inheritance taxes?
Most people assume that estate and inheritance taxes have to be avoided, and often attempt to accomplish this through overly-complex trusts. The truth is that most people don’t have an estate large enough for this to be a concern.
The 2026 U.S. federal lifetime estate and gift tax exemption is $15 million per individual (or $30 million for married couples). The exemption can be used to make gifts to beneficiaries during one’s lifetime if desirable (up to $19,000 per recipient as of 2026 ($38,000 for married couples splitting gifts).
In other words, if the total value of your estate is less than $15 million, advanced or expert tax planning is not likely to change the result, but will most likely increase the cost of your estate plan.
The State of Arizona currently does not impose estate or inheritance taxes regardless of the size of your estate or the degree of relation between you and your beneficiaries.
Lex-Pro Services does not provide tax planning services for large estates but we can refer you to an attorney or a CPA for assistance.
How do I plan for minor (grand)children or a (grand)child with special needs? Since minors cannot legally receive an inheritance, it is often necessary to nominate a guardian and/or trustee to receive and manage assets for the benefit of the child. In certain cases, a special needs or supplemental care trust can be used to provide them with additional comforts during their lives, while preserving eligibility for government benefits, such as ALTCS or social security disability.
Lex-Pro Services can prepare a special needs trust, alone, or as part of an overall estate plan. Fees begin at only $400.00.
What happens to my digital assets?
Online accounts, photos, cryptocurrency, and passwords are increasingly common in our modern age. While you can make a list of your accounts and access instructions, this can raise security issues, and, these credentials tend to change from time to time as a matter of course. We’ve all been advised at one time or another that our “password requires an update” or we misplace our password and have to change it.
But it may not be realistic to update this information with your representatives every time there is a change. The Arizona Revised Uniform Fiduciary Access to Digital Assets Act allows you to grant authority to a designated agent through a power of attorney. A.R.S. § 14-13101 et seq. However, as the law is still catching up to the realties of an increasingly digital world, keeping your agents and representatives apprised of your account information may still be necessary, to a degree.
Lex-Pro Services includes Digital Asset designations in all documents. We also provide convenient forms to help you gather, store and share this information with your representatives and agents.
How often should I update my estate plan?
It’s always a good idea to review your estate plan after major life events such as marriage, divorce, birth, death, and big financial changes, like retirement. This review helps you decide if your changing life circumstances affect your estate plan enough to warrant revision. Even in the absence of big changes, most experts agree that you should review your estate plan every 3-5 years to ensure that it is still consistent with your wishes, family relationships and financial condition.
Not every update requires a new set of documents. Minor changes can be made using a Codicil or amendment, in some cases.
Contact Lex-Pro Services if you’d like to review and update your estate plan.
Can I do it myself, or do I need a lawyer?
The simple answer is “you can do it yourself”. There is no rule or law that requires you to pay an attorney or financial planner for the preparation of your estate documents. However, if you don’t fully understand how these documents work, are unfamiliar with the law, or you’re unsure what to include in these documents, speaking with a professional can be helpful and worth the expense.
Arizona certifies Legal Document Preparers, like myself, to make legal services more affordable and accessible to the average person. While Certified Legal Document Preparers cannot give you legal advice, we can explain the laws and procedures, and help you to understand your options so you can make decisions that are best for you. In most cases, particularly where your estate is small and “simple,” a Certified Legal Document Preparer will be the most cost effective option.
To schedule a free initial consultation, please call, text, email or use the “Contact Form” on my website.
Services & Fees are available on my website: http://www.lex-pros.com
DISCLAIMER:
Leah Capece / Lex-Pro Services, LLC is an Arizona Certified Legal Document Preparer. I/we are not attorneys and do not work for attorneys. The foregoing is intended for informational and/or educational purposes only and is not intended as legal advice or recommendation. You should always consult with an attorney if you are unsure which options are best for you.
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