Skip to main content
It looks like you're using Internet Explorer 11 or older. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. If you continue with this browser, you may see unexpected results.
Banner Image

Estate Planning, Wills, and Trusts

AZ guide to estate planning, wills, and trusts.

STATUTORY LAW

The Arizona statutes governing wills and trusts are set forth below with their applicable Sections.

  • Arizona Statutes Regarding the Creation and Implementation of Wills: A.R.S. §§ 14-2501 to 14-2907— Can be found in print in the Arizona section, or online through the link at the bottom of this section.
  • Arizona Statutes Regarding Trusts: A.R.S. §§ 14-7401 to 14-7671— Can be found in print in the Arizona section, or online through the link at the bottom of this section.
  • Arizona Statutes Regarding Non-Probate Transfers: A.R.S. §§14-6101 to 14-6311— Can be found in print in the Arizona section, or online through the link at the bottom of this section.

The full list of the Arizona Revised Statutes, Title 14 Trusts, Estates, and Protective Proceedings, can be of  located on the Arizona Revised Statutes page of the Arizona Legislature website.

CASE LAW

As in all aspects of the law, cases help to shape the application of the law by creating precedent. Specific cases are referenced in some of the books listed in this guide, but this information could potentially be out of date. To find case law relevant to specific situations, and to ensure it is up to date, patrons should use the LexisAcademic search engine available on our public computers. One of our reference librarians will be happy to give patrons a quick tutorial on how to use LexisAcademic. If you cannot come into the library, GoogleScholar is a good resource for finding relevant case law. 

To help with your search we have listed a handful of cases that are relevant to common issues that arise during estate planning. This list is not definitive, and may be edited at any time.

  • Assumption of Mental Capacity
    • Estate of Thomas, 105, Ariz. 186, 189, 461 P.2D 484, 487 (1969)
  • Determinative Test of Mental Capacity
    • Estate of O'Connor, 74, Ariz. 248, 259, 246 P.2d 1063, 1070 (1952)
  • Potential Challenge to Mental Capacity
    • Evans v. Liston, 116 Ariz. 218, 568 P.2d 1116