Just Moved to Arizona? Don’t Forget to Update Your Estate Plan

So, you’ve unpacked the boxes, explored your new neighborhood, and maybe even found a favorite trail or brunch spot. Welcome to Arizona—red rocks, mountain air, and all!

But before you fully settle in, there’s one more move-in task that often flies under the radar: making sure your estate plan still works in your new home state.

Whether you’re relocating to Flagstaff for a slower pace, joining family in Sedona, or finally retiring in the sun-drenched Verde Valley, updating your estate plan is an important (and empowering) step to ensure everything still reflects your wishes—and complies with Arizona law.

Let’s walk through what that actually means—without legalese or overwhelm.

Why Your Estate Plan Might Need a Refresh

Estate planning laws aren’t one-size-fits-all. Every state—including Arizona—has its own rules for what’s legally valid, who can act on your behalf, and how your documents are interpreted. Even a well-crafted plan from another state might need some fine-tuning to function properly here.

And here's where things can get unexpectedly complicated: your current plan is likely governed by the laws of your previous state. If something happens and your plan needs to be implemented here in Arizona, your local attorney may have to hire co-counsel from your old state just to interpret how your documents work. That adds time, cost, and complexity—right when your loved ones need things to go smoothly.

The solution? Have your plan updated to be governed by Arizona law. It’s a simple step that can prevent a lot of stress and delay down the road.

What to Review When You Move to Arizona

Last Will & Testament

Arizona honors most out-of-state wills—but there are a few quirks to watch out for:

• Executor (a.k.a. Personal Representative): Arizona allows you to name someone who lives out of state, but they may need to appoint a local agent or post a bond. If your chosen executor isn’t familiar with Arizona law—or lives far away—it might be time to name someone closer to home.

• Witnesses Must Be Disinterested: In Arizona, the people who witness your will shouldn’t be inheriting anything from you, acting on your behalf (like as an executor or agent), or related to you. They must be what the law calls “disinterested”—which simply means they have no stake in the outcome of your plan. If your original will was signed in another state with interested witnesses, that could create problems or even invalidate parts of your plan.

• Community Property Rules: Arizona is a community property state. If you’re married, this impacts how jointly and separately owned assets are treated—especially if you moved from a common law state like New York or Illinois. It’s important to review how your property is characterized so that your wishes are honored exactly as you intend.

  
  

Revocable Living Trust

Already have a trust? That’s great—but it may need a quick checkup:

• Arizona Property: If you bought a home here, it needs to be titled in the name of your trust—or it could still end up in probate.

• Trustees: Is your chosen successor trustee still a good fit now that you’ve relocated? Having someone local can make things smoother later on.

Powers of Attorney

These are essential tools for when life doesn’t go as planned. But Arizona has a few unique rules that may trip up out-of-state documents.

Mental Health Powers Matter in Arizona

Here’s something most people don’t realize: Arizona requires explicit language granting authority to make mental health care decisions. If that specific wording isn’t in your health care power of attorney, your chosen agent may not be able to get you critical care—especially in cases of dementia, Alzheimer’s, or mental health crises.

We’ve seen situations where families thought they were protected, only to find out they needed to go to court to be appointed as emergency guardians just to admit their loved one to a psychiatric care facility. That not only delays care—it starts a long-term legal process with court oversight, extra costs, and emotional stress.

The fix? Make sure your Arizona documents clearly authorize mental health decisions, so your family can step in seamlessly if you need them.

Financial Power of Attorney

Some Arizona banks and institutions may reject out-of-state POAs if the language doesn’t meet local standards. Updating yours ensures smooth sailing when it matters most.

Beneficiary Designations

These aren’t part of your core estate plan—but they matter just as much. Take a moment to confirm your:

• Life insurance

• Retirement accounts (401(k), IRA, etc.)

• Payable-on-death (POD) bank accounts

Still reflect your wishes and current relationships. (Moved with an ex? Definitely double-check this.)

Guardianship for Minor Children

Arizona law may treat your out-of-state guardianship designations differently—or not honor them at all. That’s why we created our Kids Protection Plan—a legally valid, Arizona-specific way to name both short- and long-term guardians, so your kids are protected right away if something happens to you.

Arizona Case Study: When a Move Creates a Mess

Meet “Linda” and “George,” a retired couple who moved from Minnesota to Arizona. They had a solid estate plan—but never had it reviewed after their move.

When George passed away, their Arizona home wasn’t titled in their trust, and their out-of-state health care documents didn’t include mental health authority. Linda ended up navigating probate court and a court process for emergency guardianship when George experienced a sudden decline from dementia.

Both outcomes could’ve been avoided with a local review and a few simple updates.

Your Arizona Estate Plan Review Checklist

Give each of these a once-over—or let us do it for you:

✅ Last Will & Testament 

✅ Revocable Living Trust 

✅ Financial Power of Attorney 

✅ Medical Power of Attorney (with Mental Healthcare Authority) and Living Will 

✅ Beneficiary designations 

✅ Guardianship nominations for minor children 

✅ Arizona property titled in your trust 

✅ Legal jurisdiction updated to Arizona

You’re Not Alone in This

Moving to Arizona is a fresh start—and your estate plan deserves one too.

At Flagstaff Law Group, we make it simple to update your plan with Arizona-specific guidance, clear explanations, and a process that feels supportive from start to finish. No legalese. No overwhelm.

Let’s make it easy.

Schedule your free discovery call now

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