Why a Will Alone Isn’t Enough: What Arizona Families Need to Know

If you’ve created a Will—or even just thought about it—give yourself a little gold star. Seriously. Most people haven’t taken even that first step.

But here’s the part many folks don’t realize until it’s too late: a Will is not the whole plan. It’s an important tool, yes—but for most Arizona families, it’s only one piece of the estate planning puzzle. Relying on a Will alone could leave your loved ones tangled in court delays, unexpected costs, and even conflict.

Let’s break it down: what a Will can do, what it can’t, and what a truly complete plan looks like—without the overwhelm.

What a Will Does Do

A Last Will and Testament is a legal document that says, “Here’s who should get my stuff—and who’s in charge—after I’m gone.” More specifically, it allows you to:

1. Choose how your assets are distributed. You get to decide who gets what. Without a Will, Arizona law makes those decisions for you—and it might not be what you would’ve chosen.

2. Name an executor (a.k.a. personal representative). This is the person you trust to handle everything after you’re gone—from gathering assets to paying final bills to distributing what’s left.

3. Name guardians for your minor children. This is huge. You can name who you want to raise your kids if something happens to you. (We’ll talk more about why this needs extra care.)

4. Serve as a backup to your trust. If you have a revocable living trust, a “pour-over Will” can act as a safety net, catching any assets you forgot to move into the trust.

What a Will Won’t Do

Here’s the not-so-fun part: A Will doesn’t avoid probate—the court process required to carry out your instructions. That process can take months (or even years), cost thousands in legal fees, and become public record.

Let’s be clear about what else a Will can’t handle:

1. It won’t avoid court. Your Will has to go through probate. Period. That means delays, expenses, and potential for drama—even if your wishes are clear.

2. It won’t cover all your assets.

   • Anything with a named beneficiary (like life insurance or retirement accounts) skips the Will.

   • Jointly owned property typically goes to the surviving owner.

   • Assets in a trust already have their own instructions.

3. It won’t protect your kids right away in an emergency. If you only name long-term guardians in your Will, what happens in the hours or days after an emergency? Without a comprehensive Kids Protection Plan, your children could temporarily end up in the care of strangers or be placed in state custody—even if you have a Will naming long-term guardians.

4. It won’t help if you become incapacitated. A Will only works after death. If you’re seriously injured or ill, your family would need to go to court to get authority to make decisions for you—unless you have other legal tools in place, like powers of attorney or a trust.

5. It likely won’t protect a loved one with special needs. Leaving money outright in a Will could disqualify someone from government benefits. A special needs trust is the right way to provide support without jeopardizing their care.

6. It won’t reduce taxes. If you have a larger estate or own a business, you may need tax planning strategies beyond a Will to avoid leaving your heirs with a hefty bill.

7. It won’t guarantee care for pets. Pets are considered property under Arizona law. You can’t leave money to them directly. A pet trust ensures your furry (or feathery) friend is looked after with the resources they need.

   
   

When a Will Wasn’t Enough

Two adult siblings—”Sarah” and “James”— recently lost their father. He had a Will, and they assumed everything would be straightforward. Instead, they found themselves buried in paperwork and court filings, unable to access bank accounts, and dealing with unexpected debts.

Worse still, their dad had intended for Sarah, who lived nearby and had helped with his care, to inherit the house. But because the home wasn’t held in a trust—and the Will had to go through probate—James legally had an equal claim. The result? A six-month court battle, an estranged sibling relationship, and nearly $12,000 in legal fees.

The sad part? All of it could have been avoided with a complete estate plan.

Will vs. Trust: What’s the Difference?

Here’s a quick side-by-side to help:

Feature	Will	Trust
Goes into effect	After death	As soon as it’s signed and funded
Covers	Assets in your name only	Any assets you place in the trust
Avoids probate	No	Yes
Private or public?	Public (via court)	Private
Helps during incapacity	No	Yes
Controls timing of distributions	No	Yes
Protects minor children	Not fully (only names guardians)	Yes (with additional planning)

So When Is a Will the Right Tool?

Let’s be fair to the Will—it’s still a vital piece of your plan, especially when:

• You have young children and need to name legal guardians.

• You need a backup to a trust (a pour-over Will).

• You want to make your wishes clear for personal belongings or specific gifts.

Just don’t stop there. A Will by itself is like packing your suitcase but forgetting your passport—it’ll only get you so far.

FAQs

Do I still need a Will if I have a trust?

Yes! A pour-over Will catches anything not titled in your trust and names guardians for your kids.

How much does a Will cost in Arizona?

Prices vary widely, but be wary of ultra-low-cost Wills that don’t include personalized advice. We offer flat-fee, transparent pricing tailored to your needs.

Can I DIY my Will?

Technically yes—but it’s risky. We’ve seen too many families wind up in court because of small mistakes, missing witnesses, or confusing language. It’s not worth the gamble.

Let’s Make It Easy

We know estate planning can feel like a lot. That’s why we walk you through it step-by-step—with clarity, kindness, and plain language.

Whether you’re just getting started, need to upgrade from a Will-only plan, or want to make sure your trust is working as intended, we’re here to help.

Let’s build a plan that protects your people, your peace of mind, and your legacy.

Schedule your free discovery call today—we’ll take it from there.

This article is for educational purposes only and is not specific legal advice.  There is no substitute for consulting with an attorney about your specific circumstances.