Generated by All in One SEO Pro v5.0.0.1, this is an llms-full.txt file, used by LLMs to index the site. # KEYTLaw Scottsdale Estate Planning Attorneys ## Posts ### [Arizona Estate Planning, Probate & LLC Blog](https://www.keytlaw.com/blog/) **Published:** October 23, 2024 **Author:** Richard Keyt --- ### [The Comprehensive Guide to Forming an LLC in Arizona: Key Insights from KEYTLaw, LLC](https://www.keytlaw.com/the-comprehensive-guide-to-forming-an-llc-in-arizona-key-insights-from-keytlaw-llc/) **Published:** August 23, 2024 **Author:** Richard Keyt **Content:** # a # Comprehensive Guide to Forming an LLC in Arizona By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). Forming a [Limited Liability Company (LLC) in Arizona](https://azllc.com/contents/) can be a straightforward and efficient process when guided by experienced professionals. At KEYTLaw, LLC, our two-attorney firm, led by Richard Keyt (Rick) and his son, former CPA Richard C. Keyt (Ricky), has been providing top-notch estate planning and LLC formation services in Scottsdale, Arizona, since 1980. With 424 five-star reviews across Google, Facebook, and Birdeye, we pride ourselves on offering low-cost, high-quality legal services. To date, we have prepared over 1,000 estate plans and formed 10,000+ Arizona LLCs. This article will delve into the key aspects of forming an LLC in Arizona, based on our extensive experience and the exceptional services we offer. ## **The Genesis of LLC Formation in Arizona** ### **Pioneering LLC Formation Since 1992** The journey of KEYTLaw, LLC, in forming LLCs began on the very day the LLC law became effective in Arizona in October 1992. Rick Keyt recalls the momentous day when his legal assistant filed the Articles of Organization for the very first LLC in Arizona as soon as the Arizona Corporation Commission opened its doors. Since then, we have been at the forefront of LLC formation, accumulating a wealth of experience and knowledge. ### **Our Legacy: Over 10,000 LLCs and Counting** Starting from 2001, we began keeping meticulous records of our LLC formations, reaching a remarkable milestone of 10,000+ LLCs formed. Our success is attributed to the quality and affordability of our services, making us a preferred choice for many entrepreneurs and business owners in Arizona. ## **Our Streamlined LLC Formation Process** ### **Easy and Accessible Services** At KEYTLaw, LLC, we understand that convenience and efficiency are crucial for our clients. We offer multiple ways to initiate the LLC formation process. Clients can either call us directly or fill out an online questionnaire. Once the required information is provided, our system automatically generates an email to the client and our team, containing all necessary details about the company. ### **Fast and Efficient Filing** One of the standout features of our service is our ability to file the Articles of Organization online, allowing us to form and get the LLC approved by the state on the same day we are hired and paid. This expedited process ensures that our clients can quickly start their business operations without unnecessary delays. ## **Our LLC Packages: Bronze, Silver, and Gold** ### **Overview of Our Packages** We offer three LLC formation packages—Bronze, Silver, and Gold—each designed to cater to different client needs and budgets. - **Bronze Package ($497)**: Includes basic LLC formation services with same-day filing and approval by the state, along with a custom operating agreement sent via DocuSign. - **Silver Package ($897)**: In addition to the services provided in the Bronze package, the Silver package includes obtaining the Employer Identification Number (EIN) necessary for opening a bank account. Clients also receive access to our comprehensive operations manual, a 170-page ebook answering common post-formation questions. - **Gold Package ($1,397)**: The Gold package offers all the benefits of the Silver package, with the added advantage of confidentiality. We create a revocable living trust that owns the LLC, ensuring the privacy of the company's ownership. Additionally, the trust outlines the inheritance of the LLC upon the owner's death, making it a robust estate planning tool for business owners. ### **Comprehensive Support and Documentation** For both the Silver and Gold packages, we provide a membership certificate and minutes of the first meeting of the company's owners. These documents are organized in a three-ring binder or a professional LLC portfolio, which clients can keep for their records. The portfolio includes all essential documents, neatly organized behind tabs for easy access and safekeeping. ## **The Benefits of the Confidential Gold LLC** ### **Protecting Privacy and Assets** The Confidential Gold LLC is particularly beneficial for clients who value privacy. By creating a revocable living trust to own the LLC, the true ownership of the company remains confidential. For example, if the trust is named “Camelback Mountain Trust,” a search on the Arizona Corporation Commission's website will only reveal this name, not the individual's personal details. ### **Estate Planning Advantages** Beyond privacy, the trust structure provides a clear plan for the inheritance of the LLC. It specifies who will inherit the LLC upon the death of the owner or the surviving spouse. This provision can be extended to other assets such as homes, bank accounts, and investment accounts, ensuring a seamless transfer of assets without the need for probate. This aspect of our Gold package offers significant peace of mind and financial security for our clients and their families. ## **Ongoing Support and Resources** ### **Comprehensive Operations Manual** Our commitment to client support extends beyond the initial formation of the LLC. The operations manual provided with the Silver and Gold packages is an invaluable resource for new business owners. It covers a wide range of topics, including how to sign the operating agreement, open a bank account, set up accounting records, and communicate with a CPA to determine the best tax classification for the company. ### **Continuous Communication** We also maintain regular communication with our clients through a series of 50 emails sent over the three months following the formation of their LLC. These emails serve as reminders and provide guidance on important post-formation tasks, ensuring that our clients stay on track and comply with all necessary legal and financial obligations. ## **Why Choose KEYTLaw, LLC?** ### **Experience and Expertise** With over 50 years of combined experience in estate planning and LLC formation, Richard and Ricky Keyt have established a reputation for excellence and reliability. Our firm's dedication to providing high-quality, affordable legal services has earned us 406 five-star reviews across multiple platforms, reflecting our clients' satisfaction and trust. ### **Personalized Service** At KEYTLaw, LLC, we recognize that every client is unique, with specific needs and goals. We offer personalized service tailored to each client's situation, whether they are forming an LLC, setting up a trust, or planning their estate. Our goal is to make the legal process as smooth and straightforward as possible, providing clarity and peace of mind. ## **Call to Action: Book Your Free Consultation Today** If you're considering forming an LLC in Arizona or need help with estate planning for your business, don't hesitate to reach out to us at KEYTLaw, LLC. Our experienced attorneys, Rick and Ricky Keyt, are ready to assist you with your legal needs. **Book a free consultation** today—whether in our Scottsdale office, over the phone, or via Zoom. Visit our [online calendar](https://www.keytlaw.com/calendar/) to schedule your appointment! ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Business --- ### [Planning for Blended Families: How to Prevent Conflict Between Spouses, Children, and Stepchildren](https://www.keytlaw.com/planning-for-blended-families-how-to-prevent-conflict-between-spouses-children-and-stepchildren/) **Published:** March 7, 2025 **Author:** Richard Keyt **Content:** **Blended families face unique estate planning challenges that can lead to conflict if not addressed early and clearly. This guide explains how to build a plan that respects everyone involved and avoids future disputes.** **Key Takeaways:** - ******Traditional estate plans often don’t work for blended families.****** - **Communication and legal clarity are critical to preventing conflict.** - **A well-crafted estate plan can protect your spouse while honoring commitments to your children.** If you’re part of a blended family, you know how complex family dynamics can be. Add money, property, and[ inheritance to the mix](https://www.keytlaw.com/who-inherits/), and things can get tricky fast. Planning ahead is more than just good sense—avoiding hurt feelings, mistrust, and long-term legal battles is essential. Whether you’re remarried with kids from a previous marriage or helping a loved one through this process, understanding the unique challenges of estate planning in blended families can save everyone a lot of heartache. And while it might feel uncomfortable to think about, planning for the end of life—or even unexpected incapacity—is one of the most caring and responsible things you can do for your loved ones. Taking the time now to structure your wishes with legal backing gives your family guidance when they need it most. It also shows them you’ve thought deeply about their futures, which can bring peace of mind even in emotionally charged moments. ### **Why Traditional Estate Plans Often Fail in Blended Families** Traditional estate plans are usually based on the assumption that a couple has only mutual children. The default structure often looks like this: if one spouse dies, everything goes to the surviving spouse, and then to the children after both have passed. Sounds simple, right? But what if you or your spouse have kids from a previous relationship? That default plan could accidentally disinherit your children if your spouse changes the will or remarries later. That’s not just a hypothetical scenario—it happens all the time. In blended families, fairness isn't always a 50/50 split. Instead, fairness looks like honoring previous commitments, protecting your current spouse, and making sure your children (and stepchildren, if desired) are provided for in the way you intend. ### **Common Sources of Conflict** Before we dive into the solutions, it helps to understand where blended families often run into trouble with estate planning: 1. **Lack of clarity**: If your wishes aren’t clearly spelled out, the default state laws take over. 2. **Unrealistic expectations**: Kids may assume they’ll inherit everything from you. Your spouse may think the same. 3. **Unequal treatment**: If one set of children receives more or less than others, it can cause resentment. 4. **Surprise decisions**: Discovering big financial decisions *after* someone passes away often causes emotional fallout. These situations can turn even close families into battlegrounds. That’s why clarity, transparency, and legally sound planning are your best defenses. ### **Tools That Help Prevent Conflict** So, how do you avoid these common pitfalls? With smart planning and clear communication. Here are the tools most effective in managing the complexity of blended family dynamics: #### **1. Prenuptial or Postnuptial Agreements** These aren’t just for celebrities. A prenup (or [postnup](https://www.investopedia.com/articles/personal-finance/062915/5-signs-you-need-postnup.asp), if you're already married) can lay out what happens to certain assets upon death. It helps clarify what each person brings into the marriage and what will happen to those assets. Prenups can also help reduce future disagreements between surviving spouses and adult children. When expectations are aligned early on, there’s less room for misinterpretation. #### **2. Trusts** [Trusts are your best friend ](https://www.youtube.com/watch?v=fi7rX5wBtmc)when it comes to blended family planning. A[ QTIP trust](https://www.nolo.com/legal-encyclopedia/qtip-trusts.html), for example, allows you to provide income to your surviving spouse while preserving the principal for your children after your spouse passes. That way, your spouse is taken care of, but your children aren’t accidentally written out. You can also create separate trusts for your own biological children, so they receive their inheritance immediately or over time, independent of your spouse’s future decisions. Another advantage of trusts? They help keep your affairs private and avoid probate, which can be a lengthy and public process that adds stress to an already emotional time. #### **3. Clear Beneficiary Designations** Beneficiary designations on retirement accounts, life insurance, and bank accounts override your will or trust. Make sure these are up to date and reflect your current wishes. Review them regularly, especially after major life changes. Too often, people forget to update these designations after divorce or remarriage, which can unintentionally leave significant assets to the wrong person. #### **4. Letter of Instruction** Though not legally binding, a letter of instruction can explain *why* you made certain decisions. This personal explanation can go a long way toward preventing misunderstandings. A heartfelt note can make all the difference when emotions are high and legal documents don’t capture the nuances of your intentions. ### **The Critical Role of Communication** Even the best legal plan can fall apart if the people involved are blindsided. It may not be an easy conversation, but talking openly with your spouse, children, and even stepchildren about your wishes is one of the best things you can do. That doesn’t mean you need to dive into dollar amounts or show them every document. But giving them a clear understanding that there is a plan, it’s been thought through, and it takes everyone’s future into account can help ease tension later. If you’re unsure how to approach the conversation, consider involving your [estate planning attorney ](https://www.facebook.com/KEYTLaw)or a family counselor to help mediate. Also, remember that these conversations don’t have to be one-and-done. As life changes—kids grow up, financial situations shift, new relationships form—it’s smart to revisit and revise both the plan and the conversation. ### **Planning for Different Scenarios** Blended families come in many shapes. Maybe you’re older and both have adult children. Maybe you have young kids together and kids from previous relationships. The structure of your plan should reflect your life: - **Young children from prior relationships**: Consider guardianship designations and who will manage the inheritance until they’re adults. - **Adult children**: They may expect immediate inheritance—a trust structure can help balance that with your spouse’s needs. - **Multiple marriages**: Be clear about which assets go where, especially if you have obligations like alimony or child support. You’ll also want to consider the emotional legacy you leave behind. Fair doesn’t always mean equal, but it does mean your choices should be explained and legally enforceable. ### **Mistakes to Avoid** - **Procrastination**: Waiting too long can force your family into default rules that don’t reflect your intentions. - **DIY estate plans**: Online templates don’t cut it for blended families. Your situation needs a custom solution. - **Leaving everything to your spouse with verbal promises**: Unless it’s in writing and legally enforceable, it doesn’t count. Estate planning is one of those things people tend to put off until “later.” But in blended families, waiting can lead to irreversible consequences. ### **Work With the Right Attorney** This isn’t something to figure out alone. The laws are complex, the family dynamics are sensitive, and the stakes are high. An experienced estate planning attorney can help you: - Protect your spouse without disinheriting your children - Prevent future legal battles - Build a plan that evolves with your life You’re not just creating documents—you’re setting expectations, reducing uncertainty, and preserving relationships. That’s why you need representation and legal guidance! **Ready to Protect Your Family and Avoid Conflict Down the Road?** At KEYTLaw in Arizona, we help blended families navigate estate planning with compassion and clarity. [Schedule your free consultation today](https://www.keytlaw.com/calendar/) and get peace of mind knowing your family’s future is in good hands! ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Estate Planning --- ### [Common Questions About Estate Planning](https://www.keytlaw.com/common-questions-about-estate-planning/) **Published:** February 13, 2025 **Author:** Richard Keyt **Content:** **What Is Estate Planning, and Why Is It Important?** Estate planning is the process of organizing your financial and medical affairs to ensure your wishes are carried out if you become incapacitated or pass away. It’s not just for the wealthy—everyone benefits from having a plan. Without an estate plan, the state decides who inherits your assets. This could lead to unintended consequences, such as the wrong people receiving your property. **What Happens If You Don’t Have a Plan?** If you die without a will or trust in Arizona, the state’s default inheritance laws apply. For example: - If you’re married, your assets typically go to your spouse. - If you have children from a previous relationship, your assets may be divided between your spouse and those children. - If you’re single, your assets go to your parents or siblings, depending on who survives you. These default rules may not align with your wishes, making a personalized estate plan essential. **What Are the Core Documents in an Estate Plan?** Every estate plan includes several key documents: - **Trust Agreement**: Manages asset distribution and avoids probate. - **Last Will and Testament**: Ensures any assets not in the trust are transferred appropriately. - **Healthcare Power of Attorney**: Appoints someone to make medical decisions if you’re unable. - **Financial Power of Attorney**: Allows a trusted individual to handle your finances. - **HIPAA Authorization**: Grants access to your medical records. **Can Young Adults Benefit from Estate Planning?** Absolutely. Even without significant assets, young people need documents like healthcare and financial powers of attorney. These ensure their medical and financial wishes are respected during emergencies. For those with assets, a trust can direct who inherits and prevent family disputes. **Why Is Updating Your Estate Plan Important?** An outdated estate plan can cause unnecessary complications. For example, if a named trustee or beneficiary passes away, your plan needs to reflect this change. Regular reviews and updates keep your plan aligned with your current wishes. **How Can KEYTLaw Help?** At KEYTLaw, we simplify the estate planning process. From answering your questions during a free consultation to creating customized plans, we’re here to protect your family’s future. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Why You Should Consider a Pet Trust in Your Estate Plan](https://www.keytlaw.com/why-you-should-consider-a-pet-trust-in-your-estate-plan/) **Published:** January 30, 2025 **Author:** Richard Keyt **Content:** **Estate Planning for Pet Owners** If you’re a pet owner, your pets are likely part of your family. You ensure they’re fed, loved, and cared for every day, but have you considered their future if something happens to you? Estate planning isn’t just for your human loved ones—it’s also for the companions who rely on you. In Arizona, pet trusts provide a reliable and secure way to protect your pets after you’re gone. A pet trust can make all the difference in ensuring your pets’ well-being and avoiding potential complications. Let’s explore what pet trusts are, how they work, and why they’re an essential part of estate planning for animal lovers. **What Is a Pet Trust?** A pet trust is a legal arrangement that ensures your pets are provided for if you pass away or become incapacitated. In Arizona, these trusts are enforceable by law and allow you to set aside funds specifically for your pets’ care. Here’s how it works: 1. **Funding the Trust:** You allocate money from your estate to the pet trust, ensuring there are resources to meet your pet’s needs. 2. **Appointing a Trustee:** The trustee manages the funds and oversees how they are spent on your pet. 3. **Designating a Caregiver:** You choose a caregiver who will take physical custody of your pet and care for them as instructed. The combination of a trustee and a caregiver provides a checks-and-balances system, ensuring your pet receives the care you envisioned. **Why Not Just Use a Will?** While a will can designate who inherits your pet, it has limitations when it comes to ensuring your pet’s care. Here’s why a pet trust is often a better choice: - **No Financial Oversight:** A will doesn’t provide funds for your pet’s care or ensure those funds are used responsibly. - **No Conditions:** A will allows you to transfer ownership of your pet, but it doesn’t include any terms about how the pet should be cared for. - **Potential Risks:** The person named in your will might not fulfill their responsibilities or may decline to take the pet. By using a pet trust, you can attach specific conditions for your pet’s care, set aside funds, and even replace a caregiver if necessary. **A Real-Life Example** One famous example highlights the effectiveness of a pet trust. A wealthy woman in New York made headlines when she created a pet trust worth $10 million for her dogs. While this amount might seem extravagant, it ensured her pets would live comfortably after her death. In most cases, pet trusts are funded more modestly, but they offer the same essential benefits: the peace of mind that comes from knowing your pet will be cared for according to your wishes. Any remaining funds in the trust after your pet’s passing can be distributed to family members or charities. **What Happens If You Don’t Plan?** Failing to plan for your pets can lead to uncertainty and hardship. Without clear instructions in a will or trust, several issues can arise: 1. **No Designated Caregiver:** If you haven’t named someone to take your pet, there’s no guarantee anyone will step forward. 2. **Family Disputes:** Family members may disagree over who should take responsibility for your pet. 3. **Neglect or Abandonment:** Without a designated plan, your pet may end up in a shelter or be neglected. In some cases, unclaimed pets may even be stolen or lost in the confusion. Estate planning eliminates these risks and ensures your pet’s safety. **How to Set Up a Pet Trust in Arizona** Creating a pet trust in Arizona is a straightforward process when guided by an experienced estate planning attorney. Here are the key steps: 1. **Identify Your Pets:** Include all your current pets in the trust and consider provisions for future pets. 2. **Choose a Caregiver:** Select someone you trust to provide day-to-day care for your pets. 3. **Appoint a Trustee:** The trustee manages the trust’s funds and ensures the caregiver uses them appropriately. 4. **Allocate Funds:** Determine the amount of money to set aside for your pets’ needs, including food, grooming, veterinary care, and emergencies. 5. **Establish Instructions:** Specify your pet’s routines, medical needs, dietary preferences, and other details. 6. **Plan for Remaining Funds:** Decide what happens to leftover funds in the trust after your pets pass away. **The Benefits of a Pet Trust** A pet trust offers several advantages for pet owners: - **Control Over Care:** You maintain control over your pet’s care by setting clear expectations. - **Financial Assurance:** Funds are allocated specifically for your pet, relieving the caregiver of any financial burden. - **Flexibility:** You can outline specific care instructions tailored to your pet’s needs. - **Peace of Mind:** Knowing your pet will be cared for brings comfort to you and your family. **Questions About Pet Trusts** *Can I use a pet trust for multiple pets? Yes, you can include multiple pets in a single trust. Make sure to specify their individual needs and designate enough funds for their collective care. *What if my chosen caregiver can’t take the pet? Your pet trust can include backup caregivers to ensure someone is always available to care for your pets. *How much money should I set aside for my pet trust? The amount depends on your pet’s needs, expected lifespan, and potential medical expenses. Work with an attorney to determine an appropriate amount. *Can I change my pet trust after it’s created? Yes, you can update your pet trust as circumstances change, such as acquiring new pets or if your designated caregiver is no longer available. **Start Planning for Your Pet’s Future** Protecting your pets starts with taking action. A pet trust ensures that your beloved companions will be cared for according to your wishes, no matter what happens. At KEYTLaw, we’re here to help you secure your pets’ future and provide peace of mind. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Understanding Your Estate Plan Portfolio](https://www.keytlaw.com/understanding-your-estate-plan-portfolio/) **Published:** April 9, 2025 **Author:** Richard Keyt **Content:** ## **Why Estate Planning Is More Than Just a Will** Many people assume that creating a will is enough to protect their assets and ensure their loved ones are taken care of. However, a will is just one piece of a comprehensive estate plan. A well-structured estate plan includes multiple legal documents that work together to manage your assets, protect your health decisions, and ensure your wishes are carried out without unnecessary legal complications. At KEYTLaw, we provide our clients with a fully organized estate plan portfolio that includes everything from a revocable living trust to financial powers of attorney and medical directives. This structured portfolio helps you and your loved ones easily access and understand each component of your estate plan, ensuring clarity and efficiency when it’s needed most. If you’ve never gone through the estate planning process before, you may not know what to expect. Here’s a complete breakdown of what’s included in our estate plan portfolio and why each document matters. ## **What’s Inside the Estate Plan Portfolio?** When you work with KEYTLaw, you receive a professionally prepared estate plan portfolio. This organized binder contains all the essential documents you need to protect your estate and ensure a seamless transition for your loved ones. Each section is carefully tabbed and includes: - **A Living Trust** – The foundation of your estate plan, ensuring your assets are managed and transferred without probate. - **A Last Will and Testament** – A backup document that directs any assets not in your trust to be placed into it. - **Powers of Attorney** – Legal authorizations allowing someone to manage your financial and healthcare decisions if you become incapacitated. - **HIPAA Authorization** – Allows your chosen representatives to access your medical records when necessary. - **Personal Property Memorandum** – A way to designate specific personal belongings to your heirs, preventing disputes. - **Death or Incapacity Checklist** – A step-by-step guide for your loved ones on what to do in case of death or incapacity. By keeping all these documents in one accessible location, you simplify the estate management process for yourself and your heirs. ## **What Is a Revocable Living Trust, and Why Do You Need One?** A revocable living trust is a legal document that allows you to place assets into a trust during your lifetime. You continue to control and manage these assets, but the trust ensures a seamless transfer to your beneficiaries upon your passing. One of the biggest benefits of a living trust is that it helps your loved ones avoid probate—a lengthy, expensive, and often stressful court process required to transfer assets through a will. Probate proceedings can take months or even years, delaying the distribution of assets and creating unnecessary burdens for your heirs. Unlike a will, a trust also allows for continuous management of assets in case of incapacity. If a trustee becomes unable to manage their finances due to illness or an accident, the successor trustee can step in and continue handling affairs without court intervention. ## **Why You Need a Financial Power of Attorney** Many people don’t consider what would happen if they became incapacitated and couldn’t manage their financial affairs. A **financial power of attorney** designates someone to handle your accounts, pay bills, and make financial decisions on your behalf. This document is particularly important because banks and financial institutions won’t automatically allow a spouse or child to access your accounts without proper authorization. Without a financial power of attorney, your loved ones may have to go through a court process to gain access, which can be both costly and time-consuming. ## **Protecting Your Medical Decisions with a Healthcare Power of Attorney** A **healthcare power of attorney** ensures that someone you trust has the legal authority to make medical decisions for you if you cannot. This could include approving surgeries, selecting treatment options, or making end-of-life care decisions. Your estate plan portfolio also includes a **HIPAA authorization**, which allows your designated representative to access your medical records. Without this, privacy laws could prevent even close family members from getting important health information. ## **Funding Your Trust and Avoiding Probate** Simply creating a trust is not enough—you need to **fund your trust** by transferring assets into it. This means retitling bank accounts, real estate, and other valuable assets in the name of the trust. Failing to fund a trust means that any assets still in your name at the time of your death could end up going through probate. At KEYTLaw, we provide a step-by-step guide to funding your trust, ensuring your estate plan is effective. ## **The Importance of a Personal Property Memorandum** One of the most common disputes among heirs involves personal belongings, not large assets. A **personal property memorandum** allows you to list specific items—like jewelry, heirlooms, or collectibles—and designate who should receive them. By clearly outlining these gifts, you help prevent family conflicts and ensure your belongings go to the right people. ## **Ensuring Accessibility: The Death or Incapacity Checklist** Even the best estate plan is useless if no one can find it when needed. That’s why every KEYTLaw estate plan portfolio includes a **death or incapacity checklist**—a guide for your loved ones outlining the steps they need to take if something happens to you. Additionally, we provide membership in DocuBank, a service that gives hospitals immediate access to your critical healthcare documents in an emergency. ## **Why Estate Planning Isn’t Just for the Wealthy** Estate planning isn’t just for high-net-worth individuals. Regardless of the size of your estate, having a clear, legally binding plan ensures that your wishes are honored and your loved ones are not left dealing with unnecessary legal hurdles. Many people put off estate planning because they assume they don’t own enough to justify it. However, estate planning is about more than just assets—it’s about protecting your medical decisions, appointing responsible financial managers, and ensuring your family has the guidance they need when you’re no longer able to provide it. ## **Take Control of Your Future Today** Estate planning isn’t just about what happens after you pass—it’s about ensuring security and peace of mind for you and your loved ones. A well-organized estate plan makes transitions smoother, reduces stress for your family, and ensures that your wishes are honored without unnecessary legal battles. At KEYTLaw, we make estate planning simple by providing an easy-to-follow system that keeps everything organized and legally sound. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [The Right Way to Form an Arizona LLC – Fast, Easy & Affordable](https://www.keytlaw.com/the-right-way-to-form-an-arizona-llc-fast-easy-affordable/) **Published:** March 26, 2025 **Author:** Richard Keyt **Content:** ## **The First Arizona LLC and Over 9,200 Formed Since** When the Arizona Limited Liability Company Act became effective in October 1992, KEYTLaw founder Richard Keyt was ready. His legal assistant stood outside the Arizona Corporation Commission at 8 a.m. sharp, filing the very first LLC in the state. Since then, KEYTLaw has helped over 9,200 entrepreneurs and business owners set up their LLCs efficiently, affordably, and with confidence. Unlike DIY services or impersonal online platforms, KEYTLaw provides hands-on legal guidance, ensuring every LLC is properly structured for long-term success and asset protection. ## **How Fast Can You Form an Arizona LLC?** One of the biggest concerns for new business owners is how long it takes to form an LLC. With KEYTLaw, the answer is simple—we file online, which means same-day approval as long as we receive your information and payment that day. This streamlined process ensures that entrepreneurs can launch their businesses quickly, avoiding the delays that come with filing on their own or using slower services. Once your LLC is formed, we also help with the next crucial steps: - Obtaining your Employer Identification Number (EIN) from the IRS - Providing a custom Operating Agreement for business structure clarity - Guiding you on opening a business bank account - Offering step-by-step instructions through our detailed Operations Manual Without these steps, many businesses risk compliance issues that can lead to legal trouble down the road. ## **What Happens After Your LLC Is Formed?** Many business owners assume the work is done after their LLC is approved—but that’s just the beginning. To help our clients succeed, KEYTLaw provides a 170-page Operations Manual, answering the most common post-formation questions that arise after starting a business. We also send out 50 follow-up emails over three months, reminding clients to: ✔️ Sign and store their Operating Agreement ✔️ Open a business bank account ✔️ Set up financial records and accounting systems ✔️ Consult a CPA for tax elections ### **Why This Follow-Up Support Matters** Without proper guidance, many small businesses unknowingly operate in a way that exposes them to liability. Signing an Operating Agreement is more than a formality—it clarifies ownership structure, management roles, and decision-making authority. Additionally, failing to properly separate business and personal finances by opening a dedicated business account can cause serious legal and tax complications. KEYTLaw ensures that no crucial step is missed, so you can focus on running your business with confidence. ## **Why Should I Use an LLC Instead of Other Business Structures?** Many business owners wonder why an LLC is better than a sole proprietorship, partnership, or corporation. Here are the key benefits: - Personal Liability Protection: Your personal assets (home, car, savings) are protected from business debts and lawsuits. - Flexible Taxation: LLCs can be taxed as a sole proprietorship, partnership, S-corporation, or C-corporation. - Less Paperwork: Compared to corporations, LLCs require fewer formalities and reporting requirements. - Easy Management: No board of directors or annual shareholder meetings are required. For most small business owners, an LLC offers the perfect balance of legal protection and flexibility. ## **What Happens If I Don’t Have an Operating Agreement?** An Operating Agreement is one of the most important documents for your LLC, yet many businesses skip it—a huge mistake. Without an Operating Agreement, Arizona’s default LLC laws will govern your business, which may not align with your intentions. A well-drafted Operating Agreement ensures: - Clear ownership structure and decision-making rules - Legal protection if there’s an internal dispute - Defined roles and responsibilities for members and managers ### **How an Operating Agreement Protects Your LLC** Even single-member LLCs benefit from an Operating Agreement, as it establishes a separate legal identity for the business. If you ever face a lawsuit, having a clear Operating Agreement can help prove your business is distinct from personal assets, reinforcing liability protection. At KEYTLaw, every LLC formation includes a custom Operating Agreement, digitally signed through DocuSign for convenience and security. ## **Why You Need a Trust to Avoid Probate** If you’re forming an LLC for estate planning or real estate purposes, you should also consider setting up a revocable living trust. Without a trust, your assets may have to go through probate, an expensive and time-consuming court process. A properly structured trust allows your assets to pass directly to your named beneficiaries without court interference. If asset protection is one of your goals, a trust and LLC combination can be a powerful legal strategy. ### **How a Trust and LLC Work Together** Many business owners use a revocable living trust to hold ownership of their LLC. This ensures that if they pass away, the business transitions smoothly to heirs or designated successors without probate delays. Trusts also provide greater control over how business assets are distributed, allowing business owners to set conditions for inheritance, minimize estate taxes, and ensure their business remains in trusted hands. By working with KEYTLaw, you can ensure your LLC and trust work together, protecting both your business and your family’s financial future. ## **Common Mistakes to Avoid When Forming an LLC** Forming an LLC is a crucial step in protecting your business, but simple mistakes can lead to legal and financial issues. Some common errors include: ❌ **Not properly structuring the Operating Agreement** – Without a well-drafted Operating Agreement, you may run into disputes over ownership and decision-making. ❌ **Failing to maintain financial separation** – Mixing personal and business finances can weaken liability protection. ❌ **Not obtaining an EIN for tax and banking purposes** – Your EIN is essential for opening a business bank account and filing taxes correctly. ❌ **Skipping necessary legal filings** – Some businesses require additional permits or registrations to stay compliant. ### **How KEYTLaw Helps You Avoid These Pitfalls** Many business owners don’t realize that a poorly structured LLC can leave them personally exposed to liability. KEYTLaw’s process ensures that every legal detail is handled properly, preventing common pitfalls that can jeopardize your business. We take the time to educate clients on their responsibilities, ensuring that their LLC remains compliant and legally sound. From drafting essential legal documents to providing ongoing guidance, we set up your business for long-term success. ## **How to Get Started** If you’re ready to start your Arizona LLC the right way, KEYTLaw makes the process simple and stress-free. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [How to Protect Your Business and Personal Assets with an LLC](https://www.keytlaw.com/how-to-protect-your-business-and-personal-assets-with-an-llc/) **Published:** April 2, 2025 **Author:** Richard Keyt **Content:** Running a business comes with risks, and one of the biggest mistakes entrepreneurs make is failing to properly protect their assets. Without the right legal structure, everything you own—including your home, savings, and investments—could be at risk if your business is sued. That’s why forming and maintaining a Limited Liability Company (LLC) is one of the smartest decisions a business owner can make. However, an LLC alone isn’t enough. If it’s not set up and operated correctly, courts can pierce the corporate veil, leaving your personal finances exposed. Additionally, business owners should consider adding insurance protection and utilizing multiple LLCs to protect valuable assets. Understanding these key aspects can help you secure your business, maintain financial stability, and avoid unnecessary legal risks. This guide will cover the key reasons why an LLC is essential, how to properly maintain one, why insurance is your first line of defense, and how using multiple LLCs can help safeguard valuable business assets. ### **Why Every Business Owner Needs an LLC** An LLC acts as a protective barrier between your business and your personal assets. If your business is sued, only the assets owned by the LLC are at risk—your personal property remains protected. However, if you operate as a sole proprietorship without an LLC, there is no legal separation between you and your business. That means creditors and lawsuits can go after your personal wealth. Consider this scenario: You start a business without forming an LLC. A lawsuit arises, and because you’re operating as a sole proprietorship, the court can seize your personal assets to pay business debts. However, if your business is structured as an LLC, only the company’s assets can be targeted in a lawsuit, keeping your personal wealth safe. Beyond legal protection, an LLC can also provide tax benefits and credibility to your business. Many clients and partners prefer working with structured businesses rather than sole proprietors, as it signals financial responsibility and stability. ### **What Happens If the Corporate Veil Is Pierced?** Many business owners assume that simply having an LLC is enough to protect them. However, if an LLC is not properly maintained, courts can pierce the corporate veil, removing the liability protection and holding business owners personally responsible for debts and legal claims. A court may decide to pierce the corporate veil if: - Business and personal finances are mixed. If you pay business expenses from your personal bank account or vice versa, you risk losing your liability protection. - The business is not treated as a separate entity. If you fail to maintain corporate formalities, such as keeping proper records or signing contracts under the LLC’s name, courts may rule that your LLC is just an extension of you. - The LLC is undercapitalized. If you don’t maintain sufficient funds in the business to cover liabilities, courts may determine that the LLC exists only to avoid personal liability. - The LLC is used to commit fraud or wrongdoing. If a business owner deliberately misuses the LLC to hide assets or avoid debts, courts may disregard the LLC’s protection. To protect your LLC status, always separate personal and business finances, maintain accurate records, and ensure the company is properly funded. Additionally, document major business decisions and make sure contracts, leases, and agreements are made in the LLC’s name, not your personal name. ### **Why Business Insurance Is Your First Line of Defense** While an LLC provides liability protection, business insurance serves as your first line of defense in the event of a lawsuit. Even if your LLC is properly maintained, a determined creditor can still take legal action. That’s why having adequate insurance coverage is crucial. Insurance is the easiest way for a lawyer to collect on a claim, meaning creditors are more likely to pursue insurance payouts before attempting costly legal battles to seize business assets. Without insurance, your business could be left vulnerable, and you may have to pay legal settlements out of pocket. A few types of insurance to consider for your business include: - General Liability Insurance – Covers claims of bodily injury, property damage, and legal fees. - Professional Liability Insurance – Protects against claims of negligence or errors in professional services. - Commercial Property Insurance – Covers physical assets like office buildings, equipment, and inventory. - Cyber Liability Insurance – Helps protect against data breaches and cyber threats. While insurance needs vary by industry, the general rule is: the more protection you can get at a reasonable cost, the better. Work with an insurance agent to find the best policies for your business. ### **Using Multiple LLCs to Protect Valuable Assets** If your business owns valuable assets, such as real estate, intellectual property, or equipment, you may need more than just one LLC to fully protect them. Separating assets into different LLCs ensures that no single lawsuit can threaten everything your business owns. For example: - A manufacturing company owns a warehouse used for production. If the warehouse is owned by the same LLC as the manufacturing business, and a lawsuit arises from a defective product, the warehouse could be at risk. - To protect the warehouse, the company creates a separate LLC that owns the warehouse and leases it back to the business. If a lawsuit is filed against the manufacturing company, the warehouse remains shielded. The same strategy applies to intellectual property, trademarks, patents, and other high-value business assets. By placing different assets in separate LLCs, you limit your risk exposure and prevent a single legal claim from devastating your business. ### **Common Mistakes That Put Business Owners at Risk** Even with an LLC, simple mistakes can expose your business to liability. Here are some of the biggest errors business owners make: - Mixing personal and business funds. Always maintain separate bank accounts for your LLC. - Not keeping proper records. Keep track of business transactions, contracts, and tax filings. - Failing to follow corporate formalities. Even LLCs need proper documentation and procedures. - Underinsuring the business. Make sure your coverage is adequate for potential risks. - Not structuring assets correctly. Valuable assets should be protected under separate LLCs when necessary. By taking the right steps, you can maximize your LLC’s protection and safeguard your business and personal assets. ### **Protect Your Business with the Right Legal Strategy** An LLC is one of the best ways to shield your personal wealth from business liabilities, but it must be properly structured and maintained to be effective. From ensuring financial separation to securing the right insurance and using multiple LLCs for asset protection, taking proactive legal steps can mean the difference between security and financial disaster. If you want to ensure your business is legally protected, consult with an attorney who understands LLCs, asset protection, and business law. At KEYTLaw, we help business owners create strong legal foundations that protect their hard-earned assets. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [The Key Documents in Your Estate Plan and Why They Matter](https://www.keytlaw.com/the-key-documents-in-your-estate-plan-and-why-they-matter/) **Published:** April 16, 2025 **Author:** Richard Keyt **Content:** ## **Why Estate Planning Is Essential** No one likes to think about death or incapacity, but preparing now can make all the difference for your loved ones. Estate planning isn’t just about deciding who gets what—it’s about protecting your assets, avoiding probate, and ensuring your wishes are followed. At KEYTLaw, we provide our clients with a detailed estate plan portfolio that includes everything they need. But what do these documents actually do? What happens if you don’t have them in place? Understanding the role of each component in your estate plan will help you make informed decisions that secure your future and provide peace of mind for your family. ## **What Is a Will vs. a Trust?** A **Last Will and Testament** is a legal document that outlines your wishes for your assets after you pass. However, if assets remain in your name at the time of your death, they may still need to go through **probate**, a costly and time-consuming legal process. A **revocable living trust**, on the other hand, allows you to transfer assets without probate. It also provides built-in protections in case you become incapacitated, as your successor trustee can manage your affairs. ### **Why Avoiding Probate Matters** Probate can take months or even years, depending on the complexity of the estate. During this time, your beneficiaries may not have access to the funds they need. Additionally, probate is a public legal process, meaning anyone can see your estate details, including creditors or potential disputes from family members. A trust helps bypass this process, ensuring your assets are managed privately and efficiently. By placing your property, accounts, and investments into a trust, you ensure that they are distributed according to your wishes without the need for court involvement. ## **How a Power of Attorney Protects You** A **financial power of attorney** ensures someone can manage your money and property if you become incapacitated. Without one, your family would have to go through court proceedings to gain access to your finances, which can be costly and time-consuming. A **healthcare power of attorney** lets a trusted person make medical decisions on your behalf. If you are unable to communicate, this document ensures that your chosen representative can authorize treatments, approve or decline surgeries, and handle critical health decisions. ### **Why a Power of Attorney Matters** If you don’t have a power of attorney, your loved ones may be left without a legal way to access your financial accounts or make healthcare decisions on your behalf. This could lead to a court appointing a guardian or conservator—someone who may not be the person you would have chosen. By naming your own trusted individuals through a power of attorney, you retain control over who manages your affairs should you ever need help. ## **What Happens If You Don’t Fund Your Trust?** Even if you create a trust, it won’t work unless you **transfer your assets into it**. That means updating property deeds, retitling bank accounts, and ensuring beneficiary designations align with your trust. At KEYTLaw, we provide clear instructions to help you properly fund your trust, ensuring that your assets are fully protected. This step is crucial because any assets left outside the trust may still need to go through probate. ## **The Importance of a Personal Property Memorandum** One of the most common disputes among heirs involves personal belongings, not large assets. A **personal property memorandum** allows you to list specific items—like jewelry, heirlooms, or collectibles—and designate who should receive them. This document helps prevent family conflicts and ensures your cherished possessions go to the intended recipient. Without a clear plan, family members may argue over sentimental items, leading to unnecessary tension and disputes. ### **Common Items Listed in a Personal Property Memorandum** - Jewelry and watches - Family heirlooms - Collectible items (coins, antiques, etc.) - Furniture or artwork - Special keepsakes with sentimental value By documenting your wishes in a personal property memorandum, you give your family the clarity they need to avoid disagreements. ## **Why a HIPAA Authorization Is Essential** Many people don’t realize that **medical privacy laws** can prevent their loved ones from accessing their health records in an emergency. Without proper authorization, hospitals and doctors may refuse to share information—even with a spouse or child. A **HIPAA authorization** allows you to grant specific individuals the legal right to access your medical information. This is particularly important in medical emergencies where quick decisions need to be made. Without this document, your loved ones may struggle to obtain vital information about your condition, delaying necessary treatments or decisions. ## **The Death or Incapacity Checklist: A Crucial Step for Your Family** An estate plan is only effective if your loved ones know what to do when the time comes. That’s why we provide a **Death or Incapacity Checklist**, which outlines the key steps your family should take in the event of your passing or incapacitation. This checklist includes instructions on: - Notifying family members and legal representatives - Accessing financial accounts and insurance policies - Managing real estate and business interests - Locating estate planning documents - Handling funeral and burial arrangements By following this guide, your family can navigate the legal and financial responsibilities more easily, reducing stress during an already difficult time. ## **Ensuring Immediate Access to Your Documents with DocuBank** Even with a well-organized estate plan, it’s essential to ensure that your key documents are accessible when they’re needed. That’s why we provide membership in **DocuBank**, a service that gives hospitals and medical providers instant access to your healthcare directives. With DocuBank, your **living will, healthcare power of attorney, and HIPAA authorization** are stored electronically and can be retrieved 24/7 by authorized individuals. This eliminates the risk of important documents being locked away at home when they are urgently needed at a hospital. ## **Who Needs an Estate Plan?** Estate planning isn’t just for the wealthy—it’s for anyone who wants to ensure their wishes are honored and their loved ones are taken care of. You don’t need to own a mansion or have millions in the bank to benefit from an estate plan. If you: - Own a home or other assets - Have children or dependents - Want control over your healthcare decisions - Wish to avoid probate and legal disputes Then an estate plan is a smart investment in your future security. ## **The Cost of Not Having an Estate Plan** Without a plan in place, your loved ones may face: - **Lengthy probate proceedings** – Delaying access to assets for months or years - **Expensive legal fees** – Probate and court costs can take a significant portion of your estate - **Family disputes** – Lack of clarity over inheritances can lead to conflict - **Court-appointed guardianship** – The court may decide who manages your affairs if you are incapacitated ## **Your Next Steps** Estate planning is an investment in your future and your family’s security. Having the right documents in place ensures a smooth transition and prevents unnecessary legal battles. At KEYTLaw, we simplify the estate planning process, providing a structured and legally sound system that keeps everything organized. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [The Essential Documents for Healthcare and Financial Planning](https://www.keytlaw.com/the-essential-documents-for-healthcare-and-financial-planning/) **Published:** April 24, 2025 **Author:** Richard Keyt **Content:** When creating an estate plan, it’s crucial to consider not only your assets but also the decisions you want to be made if you're unable to communicate them. Healthcare and financial planning documents are the foundation of this process, ensuring your wishes are followed and your family is prepared. There are several key documents that should be included in any well-rounded estate plan. These documents give your designated agents the authority to make critical decisions on your behalf, whether regarding your health or financial matters. Understanding these documents and how they work together is essential for comprehensive planning. ### **What is a Healthcare Directive (DNR)?** A healthcare directive, often known as a Do Not Resuscitate (DNR) order, is a document that outlines your wishes in the event of a life-threatening medical emergency. The directive specifically instructs healthcare professionals whether or not to perform life-saving measures should your heart stop or you stop breathing. For some, a DNR is a crucial part of end-of-life planning. The decision to decline life-saving treatment can be difficult, but it's essential that it reflects your personal values. While hospitals will respect a DNR, it’s important to understand the impact this decision may have. For instance, if you are choking or in need of medical intervention unrelated to life support, the presence of a DNR can lead to healthcare providers not taking action, which can result in serious consequences. While a DNR is an important choice, it is ultimately up to you whether or not you complete it. However, if you do choose to complete this document, be sure it is placed prominently, such as at the top of your medical records, so that healthcare providers are aware of your decision in an emergency. ### **Why Do You Need a Healthcare Power of Attorney?** A healthcare power of attorney is another critical document in healthcare planning. This document allows you to designate one or more individuals who will have the legal authority to make medical decisions for you if you are incapacitated and unable to communicate. Without a healthcare power of attorney, the decision-making process could lead to conflict among family members. For example, one family member may want a specific course of treatment, while another may disagree, causing delays and confusion. By naming your healthcare agents in advance, you eliminate these potential conflicts and ensure that the individual making decisions is someone you trust. Typically, you will name a primary agent, followed by secondary agents in case your primary agent is unavailable. The healthcare agents are expected to make decisions based on your known wishes, including whether or not to undergo specific treatments, surgeries, or life-sustaining procedures. ### **What is HIPAA Authorization?** The Health Insurance Portability and Accountability Act (HIPAA) governs the privacy of your health information. Without a HIPAA authorization, even your designated healthcare agents may be unable to access crucial medical information needed to make informed decisions on your behalf. This is where a HIPAA authorization comes in. It allows your healthcare agents to receive medical information about you from healthcare providers. This is essential for them to make the right decisions, as they need to understand your health status, diagnosis, and available treatment options. A HIPAA authorization complements the healthcare power of attorney and should be part of any comprehensive healthcare planning. Without it, your healthcare agents could be in the dark about your condition, making it difficult for them to fulfill their role effectively. ### **What is a Financial Power of Attorney?** A financial power of attorney is another essential component of estate planning. It grants someone the authority to handle your financial affairs if you become unable to manage them yourself due to incapacity. The financial power of attorney can only be used for assets that are not already in a trust. If you have a revocable living trust, your successor trustee will be able to step in and manage your assets should you lose mental capacity. However, if you have assets outside the trust, such as bank accounts, real estate, or other valuable property, a financial power of attorney is necessary to give someone the authority to manage those assets on your behalf. While the financial power of attorney is generally a backup document, it can be crucial if any assets remain outside your trust. It allows a designated agent to step in and manage your affairs until you regain the ability to do so, or in the event of your permanent incapacitation. ### **How Do These Documents Work Together?** Each of the documents we’ve discussed plays a vital role in your overall estate planning strategy. The healthcare directive, healthcare power of attorney, and HIPAA authorization ensure your healthcare decisions are in the hands of trusted agents who understand and respect your wishes. Meanwhile, the financial power of attorney provides a legal framework for managing your assets outside the trust should you become incapacitated. Together, these documents protect both your healthcare and financial interests, ensuring your wishes are honored without confusion or legal challenges. By taking the time to complete these documents, you reduce the risk of family conflict and provide clarity for your loved ones during difficult times. ### **How KEYTLaw Can Help You Create Your Estate Plan** At KEYTLaw, we understand that estate planning can be overwhelming, especially when it comes to healthcare and financial decisions. Our team is here to help you navigate these important matters and ensure that you are fully prepared for the future. We offer guidance on creating healthcare directives, powers of attorney, and HIPAA authorizations that fit your specific needs. With our experienced team, you can rest assured that your estate plan will reflect your wishes and provide peace of mind for you and your family. If you’re ready to take control of your healthcare and financial planning, contact us today for a free consultation. We’ll walk you through the process and help you make the best decisions for your future. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Planning for the Future: Guardianship, Living Wills, and Protecting Your Children’s Assets](https://www.keytlaw.com/planning-for-the-future-guardianship-living-wills-and-protecting-your-childrens-assets/) **Published:** April 30, 2025 **Author:** Richard Keyt **Content:** Estate planning is one of the most important tasks you can tackle to ensure your loved ones are taken care of, even when you’re not around to make decisions. Whether you are concerned about medical decisions, guardianship for your children, or protecting your minor children’s assets, proper planning can give you peace of mind and help avoid difficult decisions later. In this blog, we’ll explore some of the essential documents you need in your estate plan, including living wills, guardianship designations, and documents that protect your children’s future. ### **What Is a Living Will, and Why Is It Important?** A living will is a critical document that outlines your healthcare preferences in the event that you are unable to communicate them yourself. It provides clear instructions for your doctors and loved ones about what you want in a situation where you are unable to make medical decisions. Imagine being kept alive by a machine and having your family or loved ones asked whether they should pull the plug. This can be an incredibly difficult decision to make, and it can put a tremendous amount of emotional strain on the person responsible for making it. A living will removes that burden from your family and makes your wishes clear, ensuring that your instructions are followed in these sensitive situations. Having a living will gives you control over your healthcare decisions, even if you are unable to express them due to medical reasons. It’s essential to discuss your wishes with your loved ones and ensure your living will is in place, so they don’t have to make tough decisions on your behalf during an already stressful time. ### **Guardianship Planning for Minor Children: Who Will Care for Your Kids?** If you have minor children, one of the most important aspects of your estate plan is deciding who will take care of them if something happens to you. Guardianship planning helps ensure your children are raised by someone you trust, even if you are no longer able to provide for them. A guardianship designation allows you to appoint a person or people to raise your children until they reach adulthood. But there are many factors to consider when making this decision, including the location of your designated guardian(s) and how quickly they can step in if needed. For instance, if you live in Scottsdale and have a guardian in Phoenix, the process is simple—they’ll be able to step in quickly if something happens to you. However, if your chosen guardian lives across the country, in New Jersey for example, it may take longer for them to be able to care for your children. This is where short-term guardianship documents can come into play. You can appoint a temporary guardian who lives near your home to care for your children until your long-term guardians can take over. This can be a crucial step to ensure your kids are cared for immediately in the event of an emergency. ### **How Can You Protect Your Children from Unfit Guardians?** There may be situations where you have family members or other individuals who you absolutely do not want raising your children, whether due to personal circumstances or concerns about their ability to care for your kids. In these cases, it is possible to make your wishes clear and protect your children from being raised by unfit individuals. One way to ensure this is done is by drafting a letter that specifically states you do not want certain individuals to be considered as guardians of your children. For example, if you have a family member who struggles with alcoholism or drug abuse, you can include that information in your document to make it clear to the court that you do not want them raising your children. This letter can be signed by both you and your spouse (if applicable) and given to your long-term guardians. If your wishes are ever challenged in court, the letter can help back up your decision, ensuring that your children are raised by the individuals you trust. ### **Conservatorship for Minor Children’s Assets: Who Will Manage Your Kids’ Wealth?** Many parents want to ensure that their children’s financial interests are protected in the event of an emergency or untimely passing. If your children are minors, they may not have the legal capacity to manage assets or financial decisions. In these cases, appointing a conservator for your children’s assets can ensure their financial well-being is preserved. Conservatorship involves appointing a trusted individual to manage assets that belong to your minor children until they are legally able to take control of those assets on their own, typically when they turn 18. Even if your children are not expected to inherit significant assets, there may be other reasons why they need a conservator—perhaps through gifts, insurance policies, or other sources. For example, if your children are named as beneficiaries of life insurance policies or other assets, it’s important to name a conservator who will manage those funds until your children are old enough to take over. A conservator will be responsible for managing the money and making financial decisions on behalf of your children, ensuring that their assets are properly handled. ### **Final Thoughts on Estate Planning for Families with Minor Children** Estate planning is a key step in securing your children’s future and ensuring they are cared for, both emotionally and financially, in the event that you are no longer able to provide for them. Whether you need a living will, guardianship planning, or documents to manage your minor children’s assets, creating a comprehensive estate plan can help alleviate the stress and uncertainty that comes with life’s unexpected events. Taking the time to carefully consider your options and make informed decisions about who will care for your children and how their financial interests will be managed is an investment in their future. By putting these plans in place now, you can ensure that your wishes are respected, and your children will be cared for, no matter what the future holds. ### **Book Your Free Consultation Today** Don’t leave your family’s future to chance. Start planning today by contacting KEYTLaw for expert legal guidance in estate planning. Our team is dedicated to providing comprehensive legal services tailored to your family’s needs. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [9 Mistakes That Could Invalidate Your Will and How to Avoid Them](https://www.keytlaw.com/9-mistakes-that-could-invalidate-your-will-and-how-to-avoid-them/) **Published:** April 30, 2025 **Author:** Richard Keyt **Content:** **A will is one of the most important documents you’ll ever create, ensuring that your estate is distributed according to your wishes. However, mistakes in drafting or executing a will can lead to its invalidation, causing major complications for your heirs. It's crucial to understand what could invalidate your will and how to avoid these errors.** **Key Takeaways:** - ******Failing to follow legal formalities can render a will invalid.****** - **Not updating your will after major life changes could create unintended consequences.** - **Conflicts of interest or undue influence can cause your will to be contested.** Creating a will is a critical part of planning for the future, ensuring that your assets are distributed according to your wishes after you pass away. But many people don’t realize that making certain mistakes while drafting or executing a will can invalidate the entire document. It’s essential to understand the legal requirements for [creating a valid will](https://www.keytlaw.com/understanding-wills-trusts-in-arizona/) and avoid common pitfalls. Here are the 9 critical mistakes that could render your will invalid and leave your estate open to disputes: 1. **Failure to Meet Legal Requirements** Each state has specific requirements for making a will legally binding, and failing to follow these requirements could result in your will being invalidated. Arizona law, like many other states, mandates that a will be in writing and signed by the person making the will (the testator). Furthermore, two witnesses who are not beneficiaries of the will must also sign it in the presence of the testator. If any of these conditions are not met, such as if the will is not signed by the testator or lacks the necessary witness signatures, the court may refuse to recognize it. This is why it’s crucial to have an attorney or another professional who understands estate planning laws to guide you through the process. 2. **Not Updating Your Will After Major Life Events** Your will reflects your wishes at the time it is created, but life is constantly changing. If you fail to [update your will](https://www.aarp.org/money/personal-finance/times-to-update-your-will/) after significant life events, it can cause confusion or unintended consequences. For instance, if you get married, divorce, or have children, your existing will may no longer align with your new circumstances. In Arizona, if you remarry after creating a will, the new spouse may have certain rights to your estate unless your will is updated to reflect that relationship. Similarly, if you have children after making your will, you might want to ensure they are included as beneficiaries. If your will isn't updated to include new family members, they might be unintentionally left out, causing family discord and potential legal disputes. 3. **Ambiguities and Lack of Clarity** A will needs to be clear and concise. If your wishes aren’t expressed clearly, your beneficiaries might misinterpret your intentions, leading to arguments and legal battles. Vague or ambiguous language can be problematic and may cause a judge to declare your will invalid. For example, if you list “all my belongings” as a beneficiary’s inheritance, it could be unclear whether this includes personal property, real estate, bank accounts, or other types of assets. The broader the language, the more room there is for confusion and disputes among your heirs. To avoid this, make sure each bequest is specific and includes all relevant details, such as account numbers or descriptions of property. 4. **Failure to Name an Executor** An executor is the person responsible for administering your estate after you pass away, ensuring that your wishes are carried out and all legal obligations are met. If you fail to name an executor, or if the person you’ve chosen is unable or unwilling to act, the court will appoint one. This can cause delays, additional expenses, and potential conflicts among your heirs. Choosing an executor is an important decision, and it’s best to select someone who is responsible, trustworthy, and familiar with your wishes. It’s also a good idea to name an alternate executor in case your first choice is unavailable. 5. **Undue Influence or Coercion** If someone exerts undue influence or pressure on you while drafting your will, the document can be contested in court and potentially invalidated. In Arizona, a will can be challenged if it’s believed that the testator was coerced or manipulated into including certain provisions that they wouldn’t have otherwise chosen. If there is evidence that someone used threats, force, or persuasion to influence your decisions about who receives what in your will, it could be declared invalid. To ensure that your will is not subject to such challenges, it’s best to create it in an environment free from pressure and with the help of a trusted attorney. 6. **Not Considering Tax Implications** While a will is primarily concerned with how your assets are distributed, you should also be mindful of the potential tax consequences of your decisions. If you leave large amounts to certain beneficiaries, they may face significant estate or inheritance taxes. Not considering these implications when drafting your will could lead to an estate that’s unnecessarily burdened by taxes, reducing the amount your heirs receive. Work with an estate planning attorney who can help you navigate [potential tax issues ](https://turbotax.intuit.com/tax-tips/estates/4-ways-to-protect-your-inheritance-from-taxes/L653s0Kyn)and find ways to minimize the tax burden on your estate. This could include creating trusts, gifting assets during your lifetime, or taking other steps to reduce the estate’s taxable value. 7. **Conflicts of Interest** Having beneficiaries or interested parties involved in the will’s drafting or execution can create a conflict of interest. For example, if a beneficiary is also the person who drafts or witnesses the will, it can create the appearance of impropriety. This could lead to challenges and questions about whether the will truly reflects the testator’s wishes. To avoid this issue, try to have neutral third parties involved in the process. This can include hiring an attorney to draft the will, having professional witnesses, and ensuring that no one with a vested interest in the outcome of the will plays a central role in its creation or execution. 8. **Improper Witnesses** In Arizona, a will must be witnessed by at least two people who are not beneficiaries of the will. These witnesses play a crucial role in verifying the validity of the will when it is presented in probate court. If the will is not properly witnessed, it may not be valid, and the court could disregard it entirely. Make sure that your witnesses are individuals who are not named in your will and who will be able to testify to the validity of your will in the event it is contested. Witnesses must be of sound mind and capable of understanding the nature of their role in the process. 9. **Self-Prepared Wills** While you can technically create your own will without the help of an attorney in Arizona, this can be a risky decision. Many people opt for do-it-yourself wills because they believe it will be quicker or cheaper, but there are serious drawbacks. A self-prepared will may fail to meet legal requirements, contain ambiguous language, or omit critical information. It might also inadvertently disinherit someone or result in unintended tax consequences. Consulting an experienced estate planning attorney is always the best option to ensure that your will is legally sound and that your wishes are properly executed. They will help you avoid the common mistakes that could invalidate your will and help you create a clear, enforceable document. **Secure Your Legacy with Proper Estate Planning** Creating a will is a serious responsibility. Avoiding the mistakes outlined above will help ensure that your wishes are respected and that your estate is handled smoothly after your death. If you need assistance with estate planning in Scottsdale, AZ, don’t hesitate to reach out to the experienced attorneys at KEYTLaw. We can guide you through the process, ensuring your will is legally sound and tailored to your needs. [Contact KEYTLaw today](https://www.keytlaw.com/) for a free consultation and ensure your legacy is protected. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Uncategorized --- ### [Flying Into History: My Journey From Drafted College Student to F-4 Phantom Pilot](https://www.keytlaw.com/flying-into-history-my-journey-from-drafted-college-student-to-f-4-phantom-pilot/) **Published:** May 8, 2025 **Author:** Richard Keyt **Content:** In 1970, as a college senior, I knew my future was set—just not in the way I expected. The Vietnam War was at its peak, and I had a low draft number, meaning I was certain to be called up for service. Instead of waiting to be sent into combat with a rifle, I took control of my fate. I joined the Air Force, beginning a journey that would take me from officer training school to flying supersonic fighter jets in combat zones across the world. ### **The Path to Flying the F-4 Phantom** My Air Force journey started with Officer Training School, where I spent three months learning the basics of military leadership. From there, I went to flight school and eventually to Luke Air Force Base in Arizona for F-4 Phantom training. The F-4 Phantom was no ordinary aircraft. A supersonic fighter-bomber, it required rigorous training before pilots were ready to take it into combat. At Luke, we went through the Replacement Training Unit (RTU), where we learned in the classroom, spent hours in the flight simulator, and eventually took to the skies. We trained in dive bombing, aerial dogfighting, and intercepting enemy aircraft—skills that would prove vital in real-world missions. ### **Mastering Air Combat and High-Stakes Missions** Once F-4 training was complete, the next challenge was survival training. Before deploying to Southeast Asia, I attended Basic Survival School in Spokane, Washington, where I spent a week in the class room learning about how to survive and another week in the mountains learning how to find food and stay alive in the wild. One week of water survival training was next at Homestead Air Base in Miami, Florida. We practiced parachuting into the ocean, boarding rafts, and surviving in open water—skills no fighter pilot hoped to use but needed to master in case the worst happened. Then came two weeks of jungle survival school at Clark Air Base in the Phillipines. We spent a week in the classroom learning jungle survival skills before being dropped into the jungle to fend for ourselves. The second week of jungle survival school for me was awfult because as soon as the helicopter dropped us off in the jungle in the mountains it started to rain. Four solid days and nights of rain. We were soaked and cold. Very unpleasant. ### **Deploying to Vietnam and Flying Combat Missions** When the time came for deployment, I filled out what we called a “dream sheet”—a list of preferred assignments. My top choice was Europe, but fate had other plans. Nearly everyone in my F-4 RTU class was sent to Southeast Asia, including me. My first stop was South Korea, but I was quickly reassigned to Korat Air Base in Thailand, where my squadron was stationed for combat missions in the Vietnam War. Our missions varied, but the younger pilots like myself were primarily assigned to bombing runs. Working with forward air controllers on the ground, we targeted enemy positions, dropping 500-pound bombs in steep dives. The job was demanding, often requiring multiple night missions, reloading at Da Nang Air Base before returning for another round of bombing. Other pilots in my squadron, particularly those with more experience, were responsible for air-to-air combat. My squadron, the 35th Tactical Fighter Squadron, had seven graduates of the Air Force Fighter Weapons School—the USAF's version of the Navy’s Top Gun program. These elite fighter pilots escorted the F-4 bombers in Route Pack VI missions in the most dangerous area of North VIetnam. Their job was to protect the F-4 bombers from MiG attacks. Guys in my squadron shot down 8 MiGs in the summer and fall of 1972. ### **Returning to Korea and Sitting on Nuclear Alert** After my time in Thailand, I was reassigned to Kunsan Air Base in South Korea, where we had two primary missions. The first was intercepting Russian bombers that approached the Korean coast. When the alert horn sounded, we scrambled into our F-4s, blasted off at supersonic speeds, and intercepted the bombers mid-air. These encounters were intense—both sides often gesturing at each other while flying side by side, sometimes taking pictures for intelligence purposes. The second mission was even more serious—sitting on nuclear alert. Our squadron was responsible for carrying nuclear bombs, with each pilot assigned a specific target. Before taking an alert shift, I had to pass an intelligence test, reviewing mission details and strike targets. The bomb we carried, the B-61, had a detonation switch that ranged from 360,000 tons to a million tons of TNT explosive power. Sitting in the alert shack, waiting for the alarm, we never knew if it was a drill or the beginning of World War III. ### **Training the Next Generation of Fighter Pilots** After returning to the U.S., I was assigned to George Air Force Base in Southern California as an F-4 instructor. Teaching others to fly the F-4 was a new challenge—one that combined classroom instruction, simulator training, and actual flight lessons. Watching new pilots master combat maneuvers, mission planning, and weapons systems was rewarding, but nothing compared to seeing them successfully complete their first real combat flights. I was also fortunate to take part in unique missions. While stationed in Korea, I delivered an F-4 to Taiwan for maintenance, flying into the heart of the country’s top aircraft facility. I also flew to Japan, spending time at Yokota Air Base outside Tokyo. These moments provided a rare opportunity to see the world from an entirely different perspective. ### **Delivering Brand-New Fighter Jets Across the World** One of the most unique experiences of my career came when I was selected to deliver brand-new F-4 Phantoms straight from the McDonnell Douglas factory in St. Louis. Twice, I flew these fresh-off-the-line brand new jets across the Atlantic, stopping in South Carolina, Spain, and Turkey before delivering them to Iran. In the 1970s, the Shah of Iran was one of the United States' closest allies, and we supplied their air force with top-tier jet fighters. It was surreal to take a plane from the factory floor and deliver it to an entirely different part of the world. ### **The Unmatched Thrill of Flying** Looking back, my time as an F-4 pilot was an experience unlike any other. The stress of combat, the intensity of nuclear alert, and the exhaustion of long missions were all part of the job. But there were moments of pure thrill—flying in tight formation with other jets, making formation takeoffs with just ten feet between wingtips, and skimming low over the ground at 500 knots. Would I have ever pursued this path if I hadn’t been drafted? Probably not. But I wouldn’t trade the experience for anything. Flying supersonic jet fighters, traveling the world, and facing challenges that pushed me to my limits—all of it shaped who I am today. ### **Your Future Deserves a Strategic Plan** Just like a fighter pilot needs precise planning and preparation, so does your estate. Protecting your assets, securing your legacy, and making sure your loved ones are taken care of requires a well-thought-out strategy. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Comprehensive Estate Planning for Your Future](https://www.keytlaw.com/comprehensive-estate-planning-for-your-future/) **Published:** May 21, 2025 **Author:** Richard Keyt **Content:** [![](https://www.keytlaw.com/wp-content/uploads/2025/05/ce-41-400x400.png)](https://www.keytlaw.com/wp-content/uploads/2025/05/ce-41.png)Planning for the future can feel like a daunting task, but it’s essential to ensure that your assets and loved ones are well taken care of when the time comes. At KEYTLaw in Scottsdale, AZ, we provide a range of estate planning tools to help you secure your legacy. From ensuring smooth vehicle title transfers to setting up pet trusts and creating asset protection plans for your beneficiaries, we make sure your wishes are honored, no matter what life throws your way. ## **Vehicle Title Transfers Made Simple** One of the essential parts of an estate plan is ensuring that your assets are properly managed and transferred. For Arizona residents, vehicle titles can be easily transferred to a beneficiary with the Arizona Beneficiary Car Title form. This form ensures that your car goes to the right person after you pass away. It’s a simple, yet important step for those who own a vehicle solely in their name. However, it’s important to note that this form does not apply to vehicles with multiple owners. If you own a vehicle jointly with someone else, it may be more complicated to transfer ownership upon your passing. KEYTLaw can provide you with the correct forms and guidance to ensure a smooth transfer of your car’s title and avoid unnecessary complications. By completing and submitting the Arizona Beneficiary Car Title form, you can designate a person who will inherit your car. Keep this document in your records, and make sure to inform the beneficiary of their role, as they will need it to prove ownership. ## **Protecting Your Beneficiaries with Asset Protection Trusts** As part of a robust estate plan, you can also create a lifetime beneficiary-controlled asset-protected trust. This trust allows you to leave assets to your beneficiaries while protecting them from potential creditors, ex-spouses, and bankruptcy. It’s an essential tool to ensure that the assets you pass on to your loved ones are shielded from any financial troubles they might face in the future. The key benefit of an asset protection trust is that the inherited assets remain under the trust’s ownership, not your beneficiaries’. So if one of your children faces a lawsuit, files for bankruptcy, or experiences a divorce, their inherited assets remain protected. This is especially important if you want to ensure that your children’s inheritance stays intact despite any personal financial challenges they may encounter. ## **Special Needs Trusts for Future Planning** Life is unpredictable, and you can’t always foresee future needs. That’s why we recommend including special needs language in your revocable living trust. By adding provisions to your trust, you can ensure that if one of your beneficiaries develops special needs in the future, their inheritance is managed in a way that preserves their eligibility for government benefits. The special needs trust is an essential tool to prevent your loved one from losing access to critical government services like Medicaid and Social Security. KEYTLaw can help you include this provision in your trust agreement so that you’re prepared for any situation, even if it’s years down the line. ## **Incentive and Disincentive Provisions: Tailored to Your Family’s Needs** Another helpful estate planning tool is the use of incentive and disincentive provisions. These provisions allow you to reward your beneficiaries for good behavior or discourage undesirable behavior. For example, you could include a provision that gives a financial bonus to a child who graduates from a four-year university or one that restricts trust access for a child struggling with substance abuse. This customization gives you greater control over how your beneficiaries use their inheritance, making sure they are motivated to take positive steps for their future. Whether you’re offering an incentive or implementing a disincentive, this provision is a powerful tool to help align your estate plan with your family values. ## **Setting Up Pet Trusts to Care for Your Animals** For those who have beloved pets, creating a pet trust is an essential step in your estate plan. A pet trust allows you to ensure that your animals are cared for after you’re gone. For instance, one of our clients set aside a substantial sum to care for their 10 dogs, designating caregivers and overseeing the caregivers’ actions. This type of trust can be set up to cover the costs of your pets’ care, including food, medical expenses, and grooming, so you can rest assured that your pets will receive the care they deserve. Additionally, the pet trust can specify what happens if your pets pass away before the funds are depleted, ensuring that any remaining money is donated to a charity or used according to your wishes. At KEYTLaw, we make it easy for pet owners to set up this trust and provide for their animals, no matter what happens. ## **Pet Emergency Cards: A Simple, Yet Essential Tool** In addition to setting up a pet trust, another way to ensure your pets are cared for in an emergency is through a pet emergency card. This card contains essential information, such as the names and contact information of people who need to be notified in case of an emergency, like a car accident. If something happens to you, the card helps emergency responders contact the right individuals to take care of your pets. This small but crucial tool ensures that, even in the most unforeseen situations, your pets are not left alone or without care. It’s another simple step in your estate planning that can make a world of difference for your furry friends. ## **Trust ID Cards for Easier Asset Management** Once your estate plan is in place, managing your assets is easier with a Trust ID card. This card serves as a helpful resource when transferring assets like your bank accounts into the name of your trust. By showing this card to your bank or investment company, you ensure that the right procedures are followed, making the transfer of your accounts seamless and straightforward. A Trust ID card helps you manage the legal aspects of your trust, ensuring that third parties know exactly how to handle your assets according to your wishes. It’s an important tool for maintaining control and ensuring your estate plan is properly executed. ## **Deed Transfers to Avoid Probate** One of the primary reasons people create a trust is to avoid the probate process. To do this, it’s essential that your assets, such as your home, are placed in the trust’s name. At KEYTLaw, we prepare a deed that transfers ownership of your property into the trust, ensuring it is protected and that your heirs can avoid probate. Without transferring your home into the trust, your family may be forced to go through a lengthy and costly probate process. By taking this important step, you streamline the process and ensure your estate is distributed according to your wishes. ## **Ready to Start Planning Your Future?** At KEYTLaw, we provide comprehensive estate planning services designed to meet the unique needs of every client. Whether you need to transfer vehicle titles, protect your beneficiaries with trusts, or ensure your pets are cared for after your passing, we’re here to guide you every step of the way. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Estate Planning --- ### [The Missing Will Mystery: How Zappos CEO’s Estate Chaos Could Have Been Avoided](https://www.keytlaw.com/zappos/) **Published:** May 23, 2025 **Author:** Richard Keyt **Content:** # **The Missing Will Mystery: How Zappos CEO’s Estate Chaos Could Have Been Avoided** Imagine this: You've built a business empire worth hundreds of millions of dollars, transformed a city's downtown area, and touched countless lives with your vision and generosity. Then, unexpectedly, you pass away—and nearly five years later, a will you may have created suddenly appears. Meanwhile, your family has been battling creditors, former associates, and mounting legal fees in a probate nightmare that has cost millions and years to manage. This isn't the plot of a legal thriller—it's the real-life saga of Tony Hsieh, the former Zappos CEO who died in November 2020 at age 46. After years of his estate being managed under the assumption he died without a will, a document dated March 2015 mysteriously surfaced in February 2025. This surprising twist could completely upend the years of legal proceedings that have already occurred. The story serves as a powerful reminder of why proper estate planning, with regular reviews and updates, is critical no matter your age or wealth status. Let's explore what went wrong and how a Life & Legacy Plan could have prevented such chaos. ## **The Perils of Traditional Estate Planning** Even if the recently discovered will is deemed valid, it raises more questions than answers. According to [recent news reports](https://www.wsj.com/us-news/law/surprise-will-of-late-zappos-ceo-adds-new-twist-for-his-fortune-66b2c5aa) the will was found among the belongings of Pir Muhammad, a man suffering from Alzheimer's disease who recently passed away. Some [reviewing attorneys](https://www.reviewjournal.com/business/tony-hsiehs-will-is-confusing-clunky-lawyers-say-3362998/) have described the document as having “convoluted” language and an unusual structure, though we can't know the full circumstances of its creation. The will reportedly includes a no-contest clause directed at Hsieh's family members, meaning if any of them contest the will, they would receive nothing. It also designates charitable donations to major foundations and appoints executors that include Mr. Muhammad, whom many of Hsieh's close friends and associates claim they've never heard of. This situation highlights a critical mistake many people make: not having a comprehensive estate planning strategy that includes proper safeguards for document storage, communication with family members, regular updates, and a relationship with a trusted lawyer. While we don't know the specific circumstances of Hsieh's estate planning process, we do know that the outcome—a will surfacing years after death, held by someone unfamiliar to many close associates, and no lawyer who knew Hsieh and could speak to his wishes—created significant complications. A will can fail you and your loved ones when it: - Isn’t part of a comprehensive estate plan; - Doesn’t guide loved ones on what to do when something happens to you; - Isn’t easily findable immediately after your death; - Wasn’t part of a system for regular reviews and updates, to catch any potential problems before they arise; - Isn’t part of a plan that references your assets, and is updated over time, as they change; and - Becomes outdated as life circumstances change, and so doesn’t work when you and your loved ones need to call on your plan. Have you ever thought about where your important documents are stored and who knows about them? How would your loved ones know what to do if something happened to you tomorrow? And can you be sure that your loved ones wouldn’t end up in court and conflict over something you could have easily taken care of? ## **The Cost of Poor Planning (or No Planning)** As a result of poor planning, Hsieh's loved ones and business associates have been embroiled in legal battles for five years. The tech mogul's fortune, once estimated at over $500 million, has been subject to numerous legal claims, many based on handwritten notes or verbal agreements allegedly made during the last year of his life when reports indicate he was struggling with substance abuse and mental health issues. Without clear documentation of his wishes through proper estate planning and without a trusted legal advisor who can speak to Hsieh’s wishes, his legacy has been partially defined by courtroom disputes rather than the innovation and community-building he championed during his life. His family has had to manage complex business holdings and real estate assets without his guidance, while defending against claims from various parties. The financial burden of litigation is just one aspect of this tragedy. The emotional toll on family members, the time consumed by legal proceedings, and the uncertainty about honoring Hsieh's true intentions represent incalculable losses. And all of this might have been prevented with thorough and thoughtful estate planning. How important is it to you that the people you love be spared this kind of emotional and financial burden after you're gone? What steps have you taken, if any, to ensure your wishes will be clear and legally enforceable? ## **Why Traditional Estate Planning Fails** Traditional estate planning, i.e., documents you either draft yourself, your financial advisor drafts for you, or you pay a transactional attorney to create, often fails you and your loved ones because the focus is on the documents themselves. Here’s what I mean. Most people – attorneys included – think all you need to do is draft and sign a will and maybe a few other documents, like a health care directive and a power of attorney, and then you’re done. But, as we see in Hsieh’s case, that is rarely enough. The documents are a part of the estate plan, but they are not the entire estate plan. An effective estate plan, a Life & Legacy Plan, encompasses so much more information than is reflected in a will, health care directive, or power of attorney document. A Life & Legacy Plan works by covering what happens to your assets after you die, but also things like: - Instructions on where to find your plan documents; - Guidance on how your plan works and how the documents fit together; - Instructions for the people you’ve named in your documents so they know what to do after you die; - An updated inventory of all your assets so your loved ones know exactly where to find them and how to access them; - A system for ongoing and regular reviews of your plan; - Who your loved ones can turn to for support with the legal process while they’re grieving; - Your spoken wishes for your loved ones, including passing along your values to the next generation; and - An ongoing relationship with your lawyer, who has systems and processes built into their business to get to know you over time. These items aren’t typically covered in a will, trust, power of attorney, or health care directive, and that’s why traditional estate plans fail. Even the rich, like Hsieh, aren’t immune. ## **Why Life & Legacy Planning Works** As your Personal Family Lawyer® firm, I use a proprietary Life & Legacy Planning process to help you create an estate plan that won’t fail you and your loved ones. The Life & Legacy Planning process was designed to ensure that your loved ones don’t go through even a tiny fraction of what the Hsieh family is dealing with now. Here’s what it includes. ## **A Comprehensive Asset Inventory With Regular Updates** I help you create and maintain a complete inventory of your assets—not just your financial holdings but your business interests, real estate, cryptocurrency, personal property, and even your intangible assets, like your values, insights, stories and experience, or content you’ve created. This inventory is regularly reviewed and updated to reflect changes so nothing is lost. ## **Regular Plan Reviews and Updates** Life changes, and your Life & Legacy Plan evolves with you. My plans include regular reviews with you to ensure your plan reflects changes in your business holdings, personal relationships, and wishes. This ongoing relationship could prevent a situation where a potentially outdated will suddenly appears years after death. ## **Building a Relationship of Trust** Perhaps most importantly, I build relationships with my clients AND their loved ones. Unlike the mystery surrounding Pir Muhammad and his role in Hsieh’s will, your loved ones would know exactly who I am, how to reach me, and what role I play in helping manage your affairs. This relationship extends to providing counsel during difficult times, such as incapacity or end-of-life planning. ## **Take Action Today** Are you ready to avoid the kind of chaos that's plagued Tony Hsieh's legacy? As a Personal Family Lawyer, I help you create a Life & Legacy Plan that ensures your wishes are honored, your loved ones are cared for, and your assets are preserved for the people you want, in the way you want. Click below to schedule a complimentary 15-minute consultation to learn how I can help you create your Life & Legacy Plan today: [Book a free phone, in office or Zoom video meeting](https://www.keytlaw.com/calendar) with Arizona estate planning attorneys Richard Keyt or Richard C. Keyt. This article is a service of Richard Keyt and his firm KEYTLaw, LLC, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning® Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today at 480-664-7478 to schedule a free Life & Legacy Planning Session. The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material. \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Failure to Plan --- ### [Protect Your Loved Ones and Assets With Comprehensive Estate Planning](https://www.keytlaw.com/protect-your-loved-ones-and-assets-with-comprehensive-estate-planning/) **Published:** May 28, 2025 **Author:** Richard Keyt **Content:** Planning for the future is one of the most responsible and important things you can do. At KEYTLaw, we offer a wide array of estate planning tools designed to help protect your assets, provide for your loved ones, and avoid unnecessary complications in the future. Whether it’s transferring vehicle titles, setting up pet trusts, or ensuring that your estate is fully protected from creditors and lawsuits, we have the tools to help you plan for the unexpected. ### **Transfer Vehicle Titles Easily With Arizona’s Beneficiary Car Title Form** When it comes to planning your estate, one of the simplest but most crucial steps is ensuring your vehicle is passed on to the right person. Arizona residents can use the Arizona Beneficiary Car Title form to specify who will inherit their car in the event of their death. This form makes it easier to transfer vehicle ownership to the designated beneficiary, ensuring the right person receives the title without having to go through probate. The process is straightforward. If the vehicle is solely owned by the decedent, the car title can be transferred directly to the beneficiary using this form. For vehicles with joint ownership, the process may be different, and it’s important to speak with an estate planning attorney to ensure the transfer is done properly. This small step helps avoid complications down the road, ensuring that your wishes are clearly communicated and followed. ### **Lifetime Beneficiary-Controlled Asset-Protected Trusts** Asset protection is one of the most important elements of estate planning, especially if you want to ensure that your beneficiaries are shielded from creditors, lawsuits, or even ex-spouses. A lifetime beneficiary-controlled asset-protected trust is one tool that allows you to leave assets to your loved ones while protecting those assets from external threats. With this type of trust, the assets remain under the control of the trust, not the beneficiary, ensuring that even if the beneficiary faces financial difficulties, the assets you leave behind will remain intact. This is particularly useful for children or other heirs who may be vulnerable to financial hardships, lawsuits, or divorce proceedings. Protecting their inheritance ensures it is used responsibly and that it remains secure for generations to come. ### **Special Needs Trusts for the Future** Planning for future needs is essential, especially when it comes to family members who may face unexpected challenges. Special needs trusts allow you to ensure that your loved ones with special needs receive the care and support they need without losing access to vital government benefits like Medicaid. These trusts are designed to preserve your beneficiary’s eligibility for government assistance while still providing for their future needs. If you have a child or other family member who may become a special needs person in the future, a special needs trust is an essential part of your estate plan. It ensures that their care is not jeopardized by your passing, and that they continue to have access to the necessary resources for their well-being. ### **Customizing Trusts With Incentive and Disincentive Provisions** Incentives and disincentives can be an effective way to influence how your beneficiaries use their inheritance. With an estate plan, you can create provisions that reward positive behavior or discourage negative actions. For example, you might set up an incentive that rewards a child who completes higher education with a financial bonus, or include a disincentive that limits trust access for a child struggling with addiction until they complete rehab. These provisions can help encourage the kind of behavior you want to see in your beneficiaries, ensuring that your legacy is preserved for future generations. This flexibility allows you to reinforce the values that matter most to you and ensures that your estate plan reflects your personal goals. ### **Setting Up Pet Trusts to Care for Your Animals** For many pet owners, ensuring that their pets are taken care of after they pass away is an important aspect of estate planning. A pet trust allows you to designate funds for the care of your pets, ensuring that they receive the food, medical care, and attention they need. In one case, a client set aside a million dollars in a pet trust to care for their 10 dogs, providing for their well-being after the owner’s passing. This is just one example of how pet trusts can be used to ensure that your furry friends are cared for in your absence. Whether you have one pet or several, a pet trust can guarantee that they continue to receive the best possible care after you’re gone, relieving the burden from friends or family members who may not have the resources or desire to take on this responsibility. ### **Emergency Planning for Your Pets** In addition to a pet trust, a pet emergency card can provide peace of mind knowing that if something happens to you, your pets will still be cared for. The pet emergency card provides contact information for people who should be notified in case of an emergency, ensuring that someone will take responsibility for your pets if needed. It’s a simple but powerful tool to ensure that your pets are never left without care, even if you’re in a situation where you can’t provide for them yourself. This card should be kept on hand—whether in your wallet or your purse—so that it can be quickly accessed by emergency personnel if needed. Ensuring your pets’ well-being during an emergency can make all the difference in maintaining their stability and health. ### **Trust ID Cards for Easy Asset Management** Managing your estate is easier with a Trust ID card. This card helps streamline the process of transferring assets into your trust, ensuring that your assets are properly handled according to your wishes. By providing this card to your bank or investment company, you can ensure that your accounts are properly titled in the name of the trust, making asset management seamless. This simple yet effective tool helps eliminate confusion, providing third parties with the necessary information to manage your estate correctly. Whether you’re transferring bank accounts, property, or other assets, the Trust ID card simplifies the process and ensures your estate is properly managed. It’s an important part of maintaining control over your assets during your lifetime and ensuring your estate is handled as you intend after your passing. ### **Deed Transfers to Avoid Probate** One of the primary reasons people create a trust is to avoid probate. Without placing your home and other assets in the trust, your heirs will have to go through the probate process, which can be time-consuming and expensive. At KEYTLaw, we help our clients transfer their real estate into their trust through a deed transfer, ensuring that their assets are properly protected and their estate is distributed according to their wishes. This crucial step prevents your heirs from being forced to deal with a lengthy probate process that can delay the distribution of your assets. By transferring ownership of your property into the trust, you eliminate probate for those assets and ensure a smoother, faster transfer process. This helps preserve the value of your estate and reduces the burden on your family. ### **Get Started With Your Estate Plan Today** If you’re ready to start planning your estate, KEYTLaw is here to help. From creating asset protection trusts to setting up pet trusts and managing your vehicle titles, we provide comprehensive estate planning services tailored to your unique needs. Our experienced team in Scottsdale, AZ, is ready to guide you through every step of the estate planning process. We understand the complexities involved and offer personalized solutions that meet your specific needs and goals. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Why Estate Planning Is Crucial for Protecting Your Family](https://www.keytlaw.com/why-estate-planning-is-crucial-for-protecting-your-family/) **Published:** February 6, 2025 **Author:** Richard Keyt **Content:** Estate planning is often misunderstood or put off, but it is a vital step in protecting your loved ones and your assets. Over half of U.S. adults lack an estate plan, leaving their families vulnerable to unnecessary legal challenges and unintended asset distribution. An estate plan ensures that your wishes are honored and that the right people inherit your assets. Without one, the state of Arizona decides who gets what, which could lead to outcomes that don't reflect your intentions. **Key Documents in an Estate Plan** An estate plan consists of several crucial documents, each serving a unique purpose: - **Trust Agreement**: This document specifies who will manage your assets and who will inherit them. Trusts can also help avoid probate, ensuring a smooth transfer of assets. - **Certification of Trust**: A summary document that protects the privacy of your full trust agreement while providing necessary information to third parties. - **Healthcare Power of Attorney**: Appoints someone to make medical decisions on your behalf if you are unable to do so. - **HIPAA Authorization**: Allows your healthcare agent to access medical information, ensuring they can make informed decisions. - **Last Will and Testament**: Acts as a backup to transfer any assets not placed in your trust into the trust after probate. - **Financial Power of Attorney**: Assigns someone to handle your financial affairs if you become incapacitated. **The Risks of Procrastinating** Procrastination is one of the biggest obstacles to effective estate planning. Many people avoid thinking about death or incapacity, assuming there will always be time later. However, unexpected events can leave families unprepared. A client’s story illustrates this all too well: a successful dentist postponed creating an estate plan for years. When he unexpectedly passed away, his wife was left in the dark about their finances, leading to a lengthy probate process. **Estate Planning for Young Adults** You don’t need significant assets to benefit from estate planning. Young adults often overlook the importance of documents like healthcare and financial powers of attorney, which ensure their wishes are respected in medical emergencies. Additionally, a living will provides clear instructions about end-of-life care, sparing family members from making difficult decisions without guidance. **Why Regular Updates Are Necessary** An estate plan should evolve with your life. Over time, circumstances change—beneficiaries may pass away, relationships may shift, and new assets may be acquired. Regular updates ensure that your plan remains aligned with your wishes. At KEYTLaw, we send biannual reminders to our clients to review their estate plans. Updating documents is simple and keeps your plan current, avoiding potential complications. **Take Control of Your Legacy** Estate planning is an act of love and foresight. By taking the time to create and maintain a plan, you can protect your family, avoid probate, and ensure your wishes are honored. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [The Risks of Sharing Your Property Title with Your Child](https://www.keytlaw.com/the-risks-of-sharing-your-property-title-with-your-child/) **Published:** January 28, 2025 **Author:** Richard Keyt **Content:** Your home is more than just a valuable asset. It’s a place where memories are made and where years of hard work have been invested. Naturally, you want to ensure that it transitions smoothly to your child when the time comes. At first glance, adding your child to the property title may seem like a simple way to avoid probate. However, this decision can trigger a chain reaction of unexpected consequences, from financial risks to legal complications. Before you take this step, it’s important to understand the potential pitfalls and explore better alternatives. ### **1. Tax Troubles: Capital Gains and Gift Tax Implications** When it comes to transferring property, taxes can have a major impact on your child’s financial future. Adding their name to your home’s title might feel like a straightforward solution, but it can create tax burdens that are anything but simple. #### **Capital Gains Tax: A Costly Surprise** If your child inherits your home after your passing, the tax basis (the value used to calculate gains for tax purposes) is adjusted to the property’s market value at the time of your death—a provision known as the “[step-up in basis.](https://taxfoundation.org/blog/biden-estate-tax-unrealized-capital-gains-at-death/)” This adjustment can save your child tens or even hundreds of thousands of dollars in capital gains taxes if they decide to sell the property. However, by adding your child to the title now, they inherit your original purchase price as the basis. For example, if you bought your home decades ago for $150,000 and it’s now worth $600,000, your child would owe taxes on the $450,000 gain when selling the home. This financial burden can be completely avoided with proper planning. #### **Gift Tax Consequences** Adding your child to the title might also trigger gift tax implications. Transferring a portion of your home’s ownership is considered a gift, and if the value exceeds the annual [gift tax exclusion (approximately $19,000 in 2025)](https://www.irs.gov/newsroom/irs-releases-tax-inflation-adjustments-for-tax-year-2025), you may be required to file a gift tax return. Even if you don’t owe taxes immediately, this action reduces your lifetime estate and gift tax exemption. For families with substantial estates, this could complicate long-term planning and result in higher taxes down the road. ### **2. Financial Risks Beyond Your Control** Once your child’s name is on the title, your property becomes legally tied to their financial circumstances. While you might trust your child’s intentions, life can throw unexpected challenges their way. For instance, if your child faces financial troubles—like bankruptcy, lawsuits, or divorce—their share of your home could be considered an asset that creditors or legal disputes can target. Imagine finding yourself in a situation where your home is at risk because of circumstances completely beyond your control. Here’s an example: If your child owns a business that experiences financial hardship, creditors may claim their ownership interest in your home to settle debts. Similarly, in the event of a divorce, your property could become entangled in a legal battle, leaving you in a precarious position. By adding your child to the title, you’re exposing your home to risks that might otherwise have been avoidable. ### **3. Loss of Autonomy Over Your Property** When your child becomes a co-owner of your home, your ability to make independent decisions about the property diminishes. Any major actions—such as selling, refinancing, or taking out a loan—will require your child’s agreement. While this may not seem problematic in the short term, co-ownership can become a source of conflict over time. Your child’s circumstances or priorities might change, and even well-meaning family members can disagree on what’s best for the property. For instance, if you decide to sell your home to downsize or relocate, your child may have other ideas about keeping the property or delaying its sale. This can create unnecessary tension and limit your options during a stage of life when flexibility is essential. Maintaining sole ownership ensures that you remain in full control of your home, safeguarding your ability to make decisions that align with your needs. ### **Probate Isn’t the Enemy—But There Are Better Solutions** The primary motivation for adding a child to the property title is often to avoid probate, a legal process for distributing assets after someone’s death. While it’s true that probate can be time-consuming and costly, the risks of co-ownership often outweigh the benefits. The good news? There are smarter and safer ways to transfer your home to your child without the headaches of probate. - **Revocable Living Trust:** Placing your home in a living trust allows you to maintain full control during your lifetime. Upon your passing, the trust seamlessly transfers the property to your child without going through probate. This option also preserves the step-up in basis, minimizing taxes. - **Transfer on Death Deed:** In Arizona and some other states, you can file a [transfer on death (TOD) deed](https://www.keytlaw.com/ep-arizona-beneficiary-deeds/), which names a beneficiary who will inherit the property after your passing. This keeps the property out of probate while ensuring you retain sole ownership during your lifetime. These solutions offer a more secure way to pass your home to your child, avoiding unnecessary tax burdens and protecting your control over your property. ### **Plan Wisely for Peace of Mind** Your home is one of the most significant assets you’ll ever own, and deciding how to pass it on to your loved ones deserves careful consideration. While this article has highlighted the potential pitfalls of adding your child to the property title, it’s important to take proactive steps to avoid these unintended financial and legal consequences. Rather than relying on quick fixes that might expose your property to unnecessary risks, consider consulting with an experienced estate planning attorney to explore practical and effective alternatives. Tools like living trusts or transfer-on-death deeds can help you maintain control, protect your home’s value, and ensure a seamless transfer to your family when the time comes. At [KEYTLaw](https://www.keytlaw.com/), we are dedicated to helping clients create tailored estate plans that align with their unique needs and goals. Let us guide you in making informed decisions to safeguard your home and secure your family’s future. Contact us today to take the next step toward protecting your legacy with confidence. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Estate Planning --- ### [The Importance of Proper Asset Titling in Estate Planning](https://www.keytlaw.com/the-importance-of-proper-asset-titling-in-estate-planning/) **Published:** January 23, 2025 **Author:** Richard Keyt **Content:** Estate planning is about more than drafting a will or creating a trust; it’s about ensuring your legacy is protected and your loved ones are spared unnecessary legal and financial hurdles. One critical yet often overlooked aspect of estate planning is **asset titling**—the process of aligning asset ownership with your estate plan by transferring assets into your trust or naming beneficiaries. Proper asset titling can make the difference between a smooth transition of assets and a lengthy, costly probate process. This guide explores why asset titling matters, the consequences of neglecting it, and actionable steps to secure your estate and protect your family. ### **Why Asset Titling Matters** Proper asset titling is a cornerstone of effective estate planning because it determines how your property and financial accounts are distributed upon your death or incapacity. Incorrectly titled assets can derail even the most well-thought-out estate plans, often leading to unintended outcomes. #### **Avoiding Probate** The primary goal of asset titling is to avoid probate—a court-supervised process to validate a will and distribute assets. While probate ensures legal compliance, it can also be time-consuming, expensive, and emotionally taxing for your family. By properly titling your assets, you ensure they transfer directly to your intended beneficiaries without court intervention. ### **What Happens When Assets Are Not Properly Titled?** When assets are not titled to align with your estate plan, they may become subject to probate or even pass to unintended recipients. This can create complications and unnecessary delays for your loved ones. #### **Real-Life Example** Consider a bank account held solely in your name. If you pass away without a named beneficiary or trust ownership, your heirs will need to go through probate to access the funds. This process can take months, delaying financial support your family may urgently need. ### **Real Estate: A Common Problem Area** Real estate is often the most valuable asset in an estate, and improper titling can have significant consequences. Fortunately, Arizona offers two key tools to help you avoid probate for real estate. #### **Transfer to a Trust** Transferring your property into a **revocable living trust** ensures that the trust becomes the legal owner. Upon your death, the property bypasses probate and is managed according to the trust’s terms. #### **Use a Beneficiary Deed** In Arizona, a **beneficiary deed** allows you to name who will inherit your property. This deed takes effect upon your death, transferring ownership directly to the beneficiary without probate. ### **Joint Tenancy vs. Tenancy in Common** How you title real estate impacts how it’s transferred after your death. Understanding the difference between **joint tenancy** and **tenancy in common** is critical to ensure your estate plan reflects your wishes. - **Joint Tenancy**: Ownership automatically transfers to the surviving joint tenant upon death, avoiding probate. - **Tenancy in Common**: Ownership shares pass to the deceased’s heirs or beneficiaries, requiring probate unless addressed through a trust or beneficiary deed. ### **Bank Accounts: Simple Steps to Avoid Probate** Many people mistakenly believe bank accounts automatically transfer to family members upon death. Without proper planning, however, these accounts may require probate. #### **Options for Avoiding Probate** 1. **Title the Account in a Trust Transferring ownership to your trust allows your successor trustee to access the funds if you become incapacitated or pass away. 2. **Pay-on-Death (POD) or Transfer-on-Death (TOD) Forms These forms allow you to designate a beneficiary who will automatically inherit the account. If you have a trust, naming the trust as the beneficiary simplifies estate administration. ### **What Happens If No Beneficiary Is Named?** If no beneficiary is named on a bank account, Arizona law provides limited options to bypass probate: - **Personal Property Affidavit**: For accounts worth less than $75,000, beneficiaries can claim funds without probate using this affidavit. - **Probate Process**: For larger accounts, probate becomes necessary unless the account is titled in a trust or a beneficiary is designated. ### **The Benefits of Proper Asset Titling** The advantages of proper asset titling extend beyond avoiding probate. It offers peace of mind, efficiency, and protection for your loved ones. 1. **Protects Your Family Proper titling saves your heirs time, money, and emotional stress by avoiding court intervention. 2. **Ensures Your Wishes Are Followed Asset titling guarantees that your estate plan is executed as intended, preventing assets from going to unintended recipients. 3. **Prevents Legal Delays By sidestepping probate, you ensure your assets are transferred quickly and efficiently to your beneficiaries. 4. **Preserves Privacy Probate is a public process, which means your financial matters could become accessible to others. Proper titling keeps your affairs private. ### **Take Action: Steps to Title Assets Correctly** #### **1. Review Your Estate Plan** Ensure your current estate plan accounts for all your assets and outlines how they should be titled. #### **2. Transfer Real Estate to a Trust or Use a Beneficiary Deed** Real estate is particularly susceptible to probate. A trust or beneficiary deed ensures it bypasses court proceedings. #### **3. Update Bank Account Titling** Use POD or TOD forms or transfer accounts into your trust for seamless administration. #### **4. Consult a Professional** The rules for asset titling vary depending on asset type and jurisdiction. Working with an experienced estate planning attorney ensures your plan is comprehensive and legally sound. ### **Why Choose KEYTLaw?** At KEYTLaw, we specialize in helping individuals and families in Scottsdale, Arizona, protect their assets and avoid probate. Our team takes a holistic approach to estate planning, ensuring all aspects of your plan work together seamlessly. Whether you need assistance titling real estate, updating bank accounts, or understanding your options, we’re here to guide you every step of the way. ### **Protect Your Legacy Today** Estate planning is only effective if every detail is addressed. Proper asset titling is a critical step that ensures your wishes are honored and your loved ones are protected from unnecessary legal and financial burdens. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Planning for Your Business’s Future: Estate Planning and Buy-Sell Agreements](https://www.keytlaw.com/planning-for-your-businesss-future-estate-planning-and-buy-sell-agreements/) **Published:** January 16, 2025 **Author:** Richard Keyt **Content:** As a business owner, you pour time and effort into building your company. But what happens if you become incapacitated or pass away? Without a plan in place, your business—and your loved ones—could face significant uncertainty. Succession planning and buy-sell agreements are critical tools to ensure your business continues to thrive while protecting your family’s financial future. #### **Why Every Business Owner Needs Estate Planning** If you own a business, estate planning is essential. Without a will or trust, your assets, including your business, may be distributed according to Arizona’s intestate succession laws. This could result in unintended outcomes, such as your company passing to someone who cannot manage it effectively. Estate planning allows you to determine: - **Who will inherit your business interest:** A will or trust ensures your business is transferred to the right person without requiring probate. - **What happens during incapacity:** If you become incapacitated due to illness or injury, a comprehensive estate plan provides guidance on who will manage your business. - **How your family is supported:** Life insurance can provide financial stability for your loved ones if your business cannot operate without you. #### **The Role of Buy-Sell Agreements in Business Succession** A buy-sell agreement is a contract between business owners that outlines what happens if an owner dies, retires, divorces, or experiences another triggering event. It ensures a smooth transition of ownership and prevents disputes. Common triggering events include: - **Death:** Specifies whether the deceased owner’s interest will be bought by the company or other owners. - **Disability:** Allows for a buyout if an owner can no longer fulfill their responsibilities. - **Divorce:** Prevents an ex-spouse from obtaining ownership in the company. - **Bankruptcy:** Protects the company from creditors seizing an owner’s interest. Buy-sell agreements provide certainty and protect the company’s value by avoiding sudden ownership changes or disputes. #### **How Are Business Interests Valued?** Determining the value of a business is critical when creating a buy-sell agreement. KEYTLaw works with qualified appraisers to ensure fair and accurate valuations. Unlike CPAs or real estate agents, business appraisers specialize in evaluating company worth, factoring in industry trends and market conditions. Valuation methods may vary based on the company’s size, assets, and industry, ensuring the purchase price is fair for all parties. #### **Customizing Buy-Sell Agreements for Your Business** Every business is unique, and your buy-sell agreement should reflect your specific needs. At KEYTLaw, we provide fully customizable agreements with up to 19 potential triggering events. Owners can choose which events to include, ensuring their agreement addresses their company’s risks and priorities. For example, triggering events can include: - **Retirement** - **Loss of mental capacity** - **Failure to meet contractual obligations** - **Fraud or theft** With customization, even unusual circumstances—such as a specific purchase or personal decision—can be included, as long as they are lawful. #### **Protecting Multi-Owner LLCs** If your business has multiple owners, particularly those who are not family members, a buy-sell agreement is critical. These agreements protect the company and its owners by: - **Preventing disputes:** Clarifying what happens during triggering events reduces conflicts. - **Ensuring continuity:** Avoiding sudden ownership changes helps the company remain stable. - **Preserving relationships:** Setting clear expectations prevents misunderstandings between owners and beneficiaries. #### **Frequently Asked Questions About Business Succession Planning** 1. **What happens if I don’t have a buy-sell agreement? Without an agreement, disputes may arise among surviving owners or beneficiaries. This can lead to costly litigation and jeopardize the company’s stability. 2. **Can I include custom terms in my buy-sell agreement? Yes, as long as the terms are lawful. Agreements can address unique situations to meet the specific needs of your business. 3. **How does a buy-sell agreement protect my family? By providing a clear plan for ownership transitions, these agreements ensure your family’s financial security and prevent disputes over business interests. 4. **What’s the difference between a will and a trust for business assets? A will requires probate, which can be time-consuming and expensive. A trust allows for a smoother, faster transfer of business assets. #### **Securing Your Business’s Future** Estate planning and buy-sell agreements are not just legal documents—they are essential tools for safeguarding your business and your loved ones. Whether you’re planning for retirement or preparing for the unexpected, KEYTLaw can help you create a comprehensive strategy tailored to your needs. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Estate Planning: The Key Documents You Need to Protect Your Family](https://www.keytlaw.com/estate-planning-the-key-documents-you-need-to-protect-your-family/) **Published:** February 20, 2025 **Author:** Richard Keyt **Content:** Estate planning is a comprehensive process designed to protect your health, finances, and loved ones. Key documents such as healthcare directives, durable powers of attorney, and living trusts are essential in ensuring your wishes are followed and your assets are safeguarded. This blog explores the importance of these tools and how they fit into a robust estate plan. ### **Why a Health Care Directive Is Non-Negotiable** A health care directive, or health care power of attorney, is a critical document that ensures your medical preferences are honored when you cannot make decisions for yourself. Without a healthcare directive, no one has the legal authority to make medical decisions on your behalf, often resulting in a court-appointed guardian. This process is time-consuming, expensive, and avoidable with a properly drafted directive. A key component of this document is the living will, which instructs doctors on whether to use life-sustaining treatments if you are declared brain-dead or in a permanent coma. It allows your family to avoid difficult decisions and ensures your end-of-life wishes are respected. ### **The Importance of a Durable Power of Attorney** A durable power of attorney allows you to designate someone to make financial decisions if you become incapacitated. This is vital for avoiding costly conservatorships, where courts appoint someone to manage your financial matters. Conservatorships require court approval for every major financial decision, leading to delays and additional expenses. A durable power of attorney empowers your chosen agent to act swiftly, protecting your assets and ensuring bills are paid on time. ### **Why You Should Consider a Living Trust** While a durable power of attorney is essential, a living trust offers additional benefits. Trusts are often more readily accepted by financial institutions than older powers of attorney. For instance, if a bank refuses to honor a 10-year-old durable power of attorney, your successor trustee can use the trust to access accounts seamlessly. Trusts simplify asset management and provide flexibility that powers of attorney may lack. ### **Properly Designating Beneficiaries** Beneficiary designations determine who receives assets like life insurance, retirement accounts, or bank accounts upon your death. Proper designations avoid probate and ensure a smooth transfer of assets. If you have a trust, you may name it as the beneficiary to ensure all assets are consolidated and managed according to your estate plan. Consult an estate planning attorney to ensure your designations align with your overall goals. ### **Don’t Forget Your Digital Assets** In today’s digital age, online accounts and digital assets require careful consideration. Without a plan, your family could lose access to photos, emails, or cryptocurrency. To avoid this, maintain a secure list of accounts and passwords. However, balance security with accessibility—your family needs to know where to find this information without risking its exposure to unauthorized individuals. ### **Addressing Cryptocurrency in Your Estate Plan** Cryptocurrency adds complexity to estate planning due to its unique storage methods. Whether held in an exchange or a physical wallet, these assets must be documented. If family members are unaware of your cryptocurrency holdings, they could lose valuable assets. Ensure your estate plan includes instructions for accessing and managing digital wallets. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Revocable Trusts: Advantages, Disadvantages, & What Assets to Include and Exclude!](https://www.keytlaw.com/revocable-trusts-advantages-disadvantages-what-assets-to-include-and-exclude/) **Published:** February 21, 2025 **Author:** Richard Keyt **Content:** **A revocable trust is a powerful estate planning tool that can help you maintain control over your assets while ensuring a smooth transition for your beneficiaries, but there are some things it does not do. Knowing the potential drawbacks and which assets to include or exclude in the trust, if you create one, is crucial for effective estate planning!** ### **Key Takeaways:** - **Revocable trusts can help you avoid probate and maintain privacy. - **The disadvantages of a revocable trust include not having asset protection or tax benefits. - **Real estate, bank accounts, and investment accounts are good candidates for assets to place in a revocable trust.** When it comes to estate planning, a revocable trust is one of the most powerful and flexible tools available. It allows you to maintain control over your assets during your lifetime while ensuring a smooth transition for your heirs after you pass away. However, like any estate planning tool, revocable trusts have both advantages and disadvantages depending on your unique goals. Not all assets are best suited for inclusion in a revocable trust. Below, we break down the key benefits and drawbacks of a revocable trust, along with recommendations for which assets should and should not be placed in one! ## **What is a Revocable Trust?** A [revocable trust](https://www.nolo.com/legal-encyclopedia/revocable-living-trusts.html), sometimes referred to as a living trust, is a legal entity created to hold ownership of an individual’s assets. The person who creates the trust, known as the grantor, has full control over it during their lifetime. The trust is “revocable” because the grantor can modify, amend, or completely dissolve it at any time. Upon the grantor’s death, the trust becomes irrevocable, and the designated trustee manages and distributes the assets according to the terms outlined in the trust document. Many people use revocable trusts as a key component of their estate plan because of the numerous benefits they offer. However, they also come with certain limitations that must be considered when deciding if this approach is right for you. ## **Advantages of a Revocable Trust** ### **1. Avoids Probate** One of the [biggest benefits of a revocable trust](https://www.keytlaw.com/ep5/) is that it allows your estate to bypass the often time-consuming and costly [probate](https://www.nolo.com/legal-encyclopedia/arizona-probate-an-overview.html) process. Assets held in the trust can be distributed to beneficiaries without court intervention, saving time and legal fees. Probate can take months or even years to complete, and it can significantly reduce the value of your estate due to attorney fees and court costs. ### **2. Maintains Privacy** Unlike a will, which becomes a matter of public record once probated, a revocable trust remains private. This means that the details of your assets and who receives them will not be disclosed publicly. If privacy is a concern for you and your family, a revocable trust can provide a significant advantage. ### **3. Provides Flexibility and Control** As the grantor, you retain full control over the assets in the trust during your lifetime. You can add or remove assets, change beneficiaries, or dissolve the trust altogether if your circumstances change. This level of flexibility makes it an attractive option for individuals who may need to update their estate plan due to life events such as marriage, divorce, or the birth of children. ### **4. Ensures Continuity in Case of Incapacity** If you become incapacitated, your designated trustee can step in and manage the trust’s assets on your behalf. This avoids the need for court-appointed guardianship or conservatorship, which can be a lengthy and expensive process. Your successor trustee can immediately take over management of the trust, ensuring that bills are paid, investments are managed, and your financial affairs remain in order. ### **5. Facilitates a Smooth Transfer of Assets** Since a revocable trust avoids probate, beneficiaries can receive their inheritance much faster compared to assets distributed through a will. This is especially important if you own multiple properties in different states, as probate would need to occur in each state separately. A revocable trust simplifies this process by consolidating asset distribution under one legal entity. ## **Disadvantages of a Revocable Trust** ### **1. Does Not Provide Asset Protection** Unlike irrevocable trusts, revocable trusts do not shield assets from creditors or legal judgments. Because you retain control of the assets, they are still considered part of your estate and can be subject to lawsuits, divorce settlements, or other financial liabilities. ### **2. More Expensive to Set Up and Maintain** Establishing a revocable trust involves higher upfront costs than a [simple will](https://finance.yahoo.com/news/live-arizona-living-trust-both-144743501.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAKBEurY_mF3E65m1wnAsJtw6Hwbx39kcapCnUrTPj2n1Wyrc9Ik7ejgcVPPgVsp6bGv8v4teVKzXFwxxWX2bRqT8a4GxwOFnxnbIBsaAbeRj2gbcbI2VNd1-9xpRDBm0mMo0SuxN33tG4stdkoJ_1WjYpJ_q7_cjLSHcCgHI0OHm). Additionally, ongoing maintenance, such as transferring assets into the trust and updating it as needed, requires effort and potential legal assistance. While the long-term benefits may outweigh the initial cost, individuals should consider their financial situation before committing to this option. ### **3. No Estate Tax Benefits** Assets in a revocable trust remain part of your taxable estate. This means that if your estate is large enough to be subject to estate taxes, a revocable trust does not provide significant tax advantages. For those looking for tax-saving strategies, other types of trusts, such as[ irrevocable trusts](https://www.nolo.com/legal-encyclopedia/irrevocable-living-trusts.html), may be more appropriate. ## **What Assets Should Be Placed in a Revocable Trust?** To maximize the benefits of a revocable trust, consider placing the following assets inside it: - **Real Estate** – Your primary residence, vacation homes, and rental properties can be transferred into the trust to avoid probate. - **Bank Accounts** – Checking, savings, and money market accounts can be placed in a trust for easy access by your trustee in case of incapacity. - **Investment Accounts** – Stocks, bonds, and mutual funds that are not held in retirement accounts are good candidates. - **Business Interests** – If you own a business, transferring your ownership interests into a trust can ensure continuity. - **Personal Property** – Valuables such as jewelry, collectibles, and art can be included in a revocable trust. ## **What Assets Should NOT Be Placed in a Revocable Trust?** Some assets are better left outside a revocable trust due to tax implications or restrictions: - **Retirement Accounts (IRA, 401(k), 403(b))** – Placing these accounts in a revocable trust can trigger immediate taxation. Instead, consider naming the trust as a beneficiary if appropriate. - **Health Savings Accounts (HSA) and Medical Savings Accounts (MSA)** – These accounts cannot be transferred into a trust, but can have designated beneficiaries. - **Vehicles** – Unless the vehicle is of high value (e.g., a collectible car), it may not be worth transferring into a trust due to registration complexities. ## **Is a Revocable Trust Right for You?** A revocable trust offers numerous advantages, from avoiding probate to maintaining privacy and ensuring smooth asset management in case of incapacity. However, it requires careful planning and upkeep. Understanding which assets to include and exclude will help you make the most of your estate planning strategy. [KEYTLaw](https://www.keytlaw.com/) is here to assist you if you're thinking about creating a revocable trust or would like to investigate other trust alternatives. In any case, our knowledgeable estate planning lawyers will make sure your assets are safeguarded and your desires are carried out. For a free consultation, get in touch with our staff right now! ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Estate Planning --- ### [Avoid Probate and Protect Your Assets: Estate Planning Simplified](https://www.keytlaw.com/avoid-probate-and-protect-your-assets-estate-planning-simplified/) **Published:** February 27, 2025 **Author:** Richard Keyt **Content:** Estate planning ensures your financial and medical decisions are handled according to your wishes, avoiding unnecessary court proceedings. By incorporating documents like healthcare directives, durable powers of attorney, and living trusts, you can simplify the process for your family while protecting your assets. ### **What Happens Without a Health Care Directive?** Without a health care directive, no one has the legal right to make medical decisions on your behalf if you become incapacitated. This often necessitates a court-appointed guardian, leading to delays and significant expenses. A living will within your healthcare directive outlines your preferences for end-of-life care, relieving your family of difficult decisions during an emotionally challenging time. ### **Simplify Financial Decisions with a Durable Power of Attorney** If you lose mental capacity without a durable power of attorney, a conservatorship may be required to manage your financial affairs. This involves court oversight, creating delays and additional costs. A durable power of attorney enables your designated agent to make timely financial decisions, protecting your estate from unnecessary complications. ### **The Advantages of a Living Trust** While a durable power of attorney is essential, it may not be sufficient in every situation. Banks and other institutions sometimes hesitate to accept older powers of attorney. A living trust eliminates these concerns by granting your successor trustee direct access to your accounts, regardless of the document's age. Trusts offer flexibility and efficiency, making them a valuable addition to your estate plan. ### **The Role of Beneficiary Designations** Beneficiary designations allow specific assets to bypass probate and transfer directly to the designated individuals. Properly aligning these designations with your estate plan ensures a seamless distribution of your assets. Consider naming your trust as the beneficiary for certain accounts, ensuring all assets are managed cohesively under your estate plan. ### **Don’t Overlook Digital Assets** Digital assets, such as email accounts, social media profiles, and photos, are often overlooked in estate planning. Without access credentials, your family could lose these valuable memories and information. Maintain a secure and accessible record of your online accounts and passwords to ensure your digital legacy is preserved. ### **Planning for Cryptocurrency** Cryptocurrency introduces unique challenges to estate planning. Exchanges often lack beneficiary designation options, and physical wallets require careful documentation. Ensure your estate plan accounts for these digital assets to avoid losing their value. Provide detailed instructions for accessing and managing cryptocurrency to your successor trustee or family members. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Understanding Wills & Trusts in Arizona](https://www.keytlaw.com/understanding-wills-trusts-in-arizona/) **Published:** March 19, 2025 **Author:** Richard Keyt **Content:** ### **What Happens to Your Assets If You Don’t Have a Will?** Many people assume that their assets will automatically pass to their loved ones, but without a legally valid will, the state decides who inherits your estate. In Arizona, this means following intestate succession laws, which may not align with your wishes. If you pass away intestate (without a will), Arizona law dictates that your estate is distributed among your closest relatives in a specific order. For example: - If you are married and have no children, your spouse typically inherits everything. - If you have children from a previous relationship, your assets may be split between your spouse and children. - If you are unmarried with no children, your estate may pass to your parents, siblings, or even more distant relatives. - If no legal heirs exist, your estate may be claimed by the state. To ensure your assets go to the right people, it’s crucial to create a Last Will and Testament. But not all wills are valid—Arizona law requires specific formalities. ### **How to Create a Valid Will in Arizona** There are two types of legally valid wills in Arizona: 1️⃣ **A typed will** – This must be signed, notarized, and witnessed by two people who are not your relatives. 2️⃣ **A handwritten will** – Also called a holographic will, this must be entirely in your handwriting and clearly state who inherits what. Each legally valid wills has its benefits, but failing to meet these legal requirements can leave your will open to contests in probate court. If a court deems your will invalid, your estate could be distributed based on Arizona’s intestate laws rather than your wishes. Additionally, updating your will regularly is just as important as creating one. Life events such as marriage, divorce, having children, or acquiring significant assets may require changes to your estate plan. Without updates, outdated wills may lead to unintended consequences or family disputes. ### **Does Every Will Go Through Probate?** Not necessarily! Arizona has a simplified process for smaller estates. If your assets are below: - **$75,000 in personal property** - **$100,000 in real estate** Then your family can avoid probate by filing a simple affidavit. However, estates exceeding these limits require probate—a court-supervised process where a personal representative collects assets, pays debts, and distributes the estate. Probate can be time-consuming and expensive, sometimes taking months or even years to complete, depending on the complexity of the estate and whether disputes arise. That’s why many individuals turn to trusts as an alternative to wills. ### **The Difference Between Revocable and Irrevocable Trusts** A trust is an alternative to a will that can help avoid probate and provide more control over how assets are distributed. The two main types of trusts are: ✅ **Revocable Trusts** – Can be changed or updated at any time. Ideal for those who want flexibility. ✅ **Irrevocable Trusts** – Once created, changes are difficult or impossible. Often used for tax and asset protection benefits. Most people choose revocable trusts because they allow updates when life circumstances change. However, irrevocable trusts are valuable for high-net-worth individuals looking to reduce estate tax liability and protect assets from lawsuits or creditors. A major advantage of a trust is its ability to specify **how** and **when** assets are distributed. For example, if you want to ensure your children receive their inheritance at a certain age rather than all at once, a trust allows you to do so. This level of control can help prevent financial mismanagement or reckless spending by heirs. ### **Why Trustees Matter in Estate Planning** A trustee is the person (or institution) responsible for managing trust assets and following the trust’s terms. In Arizona, a company cannot serve as a trustee unless licensed as a trust company, but individuals can act as trustees—even family members. While many parents choose a child as a trustee, this can create conflicts and liability issues. If the trustee mismanages assets (such as investing in high-risk stocks), they can be personally sued by beneficiaries. To avoid legal disputes, many families opt for corporate trustees, like trust banks, that specialize in professional asset management. A corporate trustee ensures impartiality, professional investment strategies, and adherence to legal responsibilities. ### **Additional Estate Planning Tools** Beyond wills and trusts, Arizona residents may benefit from additional estate planning tools to ensure their wishes are honored: - **Durable Power of Attorney** – Allows someone you trust to handle financial and legal matters if you become incapacitated. - **Healthcare Power of Attorney** – Appoints a trusted individual to make medical decisions on your behalf if you’re unable to do so. - **Living Will** – Outlines your medical preferences regarding life support and end-of-life care. - **Beneficiary Designations** – Certain assets, such as retirement accounts and life insurance policies, pass directly to named beneficiaries, bypassing probate. Proper estate planning isn’t just about avoiding probate—it’s about ensuring your legacy is managed according to your values and protecting your loved ones from unnecessary stress. ### **Common Estate Planning Mistakes to Avoid** Many people make mistakes when creating their estate plans. Here are some common errors to watch out for: **Failing to update your will or trust** – Life changes, and your estate plan should too. Failing to update beneficiaries or assets can lead to disputes and unintended distributions. **Not planning for incapacity** – Without a power of attorney or healthcare directive, your loved ones may have to go through costly court proceedings to make decisions on your behalf. **Ignoring tax implications** – High-net-worth individuals may face estate tax liabilities that could be mitigated through strategic planning. **Assuming a will alone is enough** – Wills are important, but they don’t cover everything. Trusts, beneficiary designations, and powers of attorney provide a more comprehensive approach. ### **Secure Your Future with an Estate Plan** Estate planning is one of the most important steps you can take to protect your family’s future. Whether you need a simple will or a complex trust, making informed decisions now will save your loved ones time, money, and stress later. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Avoiding Common Mistakes in Estate Planning](https://www.keytlaw.com/avoiding-common-mistakes-in-estate-planning/) **Published:** March 19, 2025 **Author:** Richard Keyt **Content:** ### **Is a Will Enough, or Do You Need a Trust?** A will is an essential part of estate planning, but for many, a trust offers greater benefits. While a will dictates how assets are distributed, it does not avoid probate—a court process that can be costly and time-consuming. A trust, on the other hand, allows assets to be transferred directly to beneficiaries without probate, ensuring privacy and faster distribution. Without a trust, your estate may be subject to lengthy legal proceedings, and your loved ones could face unnecessary financial burdens and delays. ### **Understanding the Probate Threshold in Arizona** If you have less than **$75,000 in personal property** or **$100,000 in real estate**, your family can skip probate by filing an affidavit. However, for estates above these limits, probate is required, and a personal representative must be appointed to distribute assets. Probate can take anywhere from a few months to several years, depending on the complexity of your estate and whether disputes arise. This can be particularly challenging if family members disagree about asset distribution, leading to prolonged court battles and mounting legal fees. A trust can bypass this process entirely, making it a preferred option for those wanting to avoid legal complexities. With a properly structured trust, you can ensure that your assets are distributed smoothly, efficiently, and without public scrutiny. ### **The Pros and Cons of Revocable vs. Irrevocable Trusts** Not all trusts are the same. The right choice depends on your long-term goals. 🔹 **Revocable Trust:** Can be updated or changed anytime. Best for those who want control over their estate during their lifetime. This type of trust allows you to modify beneficiaries, add new assets, and adjust terms as your financial situation changes. 🔹 **Irrevocable Trust:** Once created, it cannot be changed (except under specific conditions). Often used to protect assets from taxes, creditors, and lawsuits. High-net-worth individuals frequently use irrevocable trusts to shield their wealth from potential legal claims and estate taxes. For **high-net-worth families**, an irrevocable asset protection trust can secure wealth for future generations while keeping assets shielded from legal claims. Additionally, these trusts can be structured to provide ongoing financial support to heirs without giving them unrestricted access to large sums of money. ### **The Hidden Risks of Naming a Family Member as Trustee** Many people assume that naming a child or sibling as a trustee is the best option, but this can lead to family disputes and legal challenges. While it may seem like a logical choice, conflicts of interest can arise, and personal relationships may be strained when financial responsibilities are involved. If a trustee makes poor financial decisions—such as investing trust funds in risky stocks—they can be held **personally liable** by the beneficiaries. This could result in lawsuits and financial losses for the entire family. A trustee is responsible for managing trust assets in the best interest of all beneficiaries. If they fail to act prudently, beneficiaries can take legal action to have the trustee removed or held accountable for financial mismanagement. For large estates, a **corporate trustee** (like a trust bank) may be the better choice, ensuring assets are professionally managed. Corporate trustees bring experience, impartiality, and financial expertise, which can help prevent conflicts among heirs and ensure compliance with legal obligations. ### **Trustee Compensation and Accountability** A trustee is entitled to **reasonable compensation**, but what’s considered “reasonable” varies. If a trustee overpays themselves, beneficiaries can sue for mismanagement. Arizona law also states that beneficiaries have the right to **financial reports** on how trust assets are managed. Keeping detailed records and providing annual reports can help prevent disputes. Transparency is crucial, and failing to provide regular updates can lead to accusations of mismanagement or even legal action. Professional trustees, such as attorneys or financial institutions, are often required to maintain detailed records and follow strict fiduciary guidelines. This level of oversight provides additional protection for beneficiaries and helps ensure that assets are managed in accordance with the trust’s terms. ### **Avoiding Estate Planning Pitfalls** While setting up an estate plan is essential, there are common mistakes that can undermine its effectiveness. Here are some pitfalls to avoid: ❌ **Not Updating Your Plan:** Life circumstances change. Marriages, divorces, births, and financial shifts all impact your estate plan. Without updates, unintended heirs could inherit your assets. ❌ **Ignoring Tax Implications:** Estate and gift taxes can significantly reduce what your beneficiaries receive. Strategic planning can help minimize tax burdens. ❌ **Failing to Fund a Trust:** Simply creating a trust isn’t enough—you must transfer assets into it. Many people forget to re-title properties and accounts, leaving them subject to probate. ❌ **Choosing the Wrong Trustee:** A trustee should be financially responsible, impartial, and capable of handling the administrative duties involved in managing the trust. ### **How Beneficiary Designations Impact Your Estate Plan** Your estate plan isn’t just about wills and trusts—beneficiary designations on retirement accounts, life insurance policies, and payable-on-death accounts override instructions in your will. Failing to review and update these designations can lead to unintended distributions. For example, if you listed an ex-spouse as the beneficiary of your life insurance policy years ago but never updated it after remarriage, your former spouse would still receive the payout. Regularly reviewing these designations ensures that your assets go to the right people. ### **The Role of Healthcare Directives in Estate Planning** Estate planning isn’t just about what happens after you pass away—it’s also about protecting yourself if you become incapacitated. A **healthcare power of attorney** allows someone you trust to make medical decisions on your behalf, while a **living will** outlines your preferences for end-of-life care. Without these documents, your loved ones may face difficult legal battles over your medical treatment, and decisions may be made by the court rather than someone who knows your wishes. ### **Secure Your Future with a Solid Estate Plan** Estate planning is more than just creating a will—it’s about protecting your wealth, minimizing legal complications, and ensuring your wishes are honored. A properly structured estate plan provides peace of mind for you and your loved ones. Taking the time to plan now can prevent legal disputes, financial losses, and unnecessary stress for your family. Whether you need a basic will, a trust, or a comprehensive estate plan, consulting with an experienced estate planning attorney is the best way to ensure your legacy is preserved. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [How Estate Planning and Buy-Sell Agreements Secure Your Business’s Future](https://www.keytlaw.com/how-estate-planning-and-buy-sell-agreements-secure-your-businesss-future/) **Published:** November 15, 2024 **Author:** Richard Keyt **Content:** Running a successful business is about more than daily operations and growth—it’s also about ensuring your hard work is protected in the long term. One of the most overlooked aspects of business ownership is what happens to the business if something unexpected happens to you or your partners. That’s where estate planning and buy-sell agreements come into play. These tools provide a safety net, ensuring your business can continue smoothly, protect its value, and avoid costly disputes among family members or partners. ### **The Importance of an Estate Plan for Business Owners** Estate planning is not just for personal assets like homes or bank accounts. For business owners, estate planning plays a crucial role in safeguarding their enterprise. Imagine having built a successful business, only for it to fall into disarray because no one knows who should take control when you pass away. Unfortunately, this is more common than many business owners realize. Without an estate plan, a business may struggle to continue operations smoothly. Family members or business partners can find themselves in a legal battle over control, and appointing a personal representative can be a long, complex process. With a proper estate plan, these issues are prevented before they arise. The business continues, the right people take charge, and your family benefits from the value you’ve worked so hard to create. An estate plan for business owners typically includes components like wills, trusts, and powers of attorney. These documents ensure that your wishes are clear and that your business has someone responsible and capable to step into your shoes. With the right estate plan in place, you can reduce stress and uncertainty for your loved ones while securing your business's future. ### **Succession Planning: What Happens to Your Business?** A key aspect of estate planning for business owners is succession planning. Succession planning addresses the question: Who will take over your business if something happens to you? This process goes beyond simply naming a successor. It includes planning for management, funding, and potential disagreements among family members or partners. For example, in a multi-member LLC, what happens if the estate of a deceased member wants to be involved in managing the business? Without a clear plan, disputes can arise, potentially leading to litigation and instability for the company. Proper succession planning helps prevent these issues by establishing who will manage the business, how decisions will be made, and how the new leadership will be funded. If the business is a family-owned operation, it’s particularly important to set up a structure that prevents family disagreements. By clearly defining roles and outlining expectations, you can help ensure your business thrives even after your involvement ends. ### **The Role of Buy-Sell Agreements in Multi-Member LLCs** Another essential component of planning for the future of your business is a buy-sell agreement. In a multi-member LLC, a buy-sell agreement is a document that defines what happens if one of the members leaves the business, whether through death, incapacity, or other triggering events, like losing a professional license. Without a buy-sell agreement, disputes can arise over how to buy out the interest of a member who leaves. A buy-sell agreement lays out the terms and conditions of a buyout in advance, ensuring that the remaining members or the company itself have a clear path to follow. This can prevent misunderstandings and disagreements, which can be costly and damaging to the business. For instance, if a member passes away, the buy-sell agreement might specify that the deceased member’s interest should be bought by the company or by the other members. It also sets out how the company's value will be determined. This is often done through an appraisal, but the terms of that appraisal need to be clear, as factors like minority or majority interest can greatly affect the value. ### **Funding the Buyout: Life Insurance and Other Options** A major consideration when creating a buy-sell agreement is how to fund the buyout of a member’s interest. If the triggering event is death, life insurance is commonly used to fund the buyout. This ensures that the business has the necessary funds to pay the deceased member’s family without having to liquidate assets or borrow money. But what if life insurance isn’t enough or doesn’t exist? In those cases, there are other options, such as using promissory notes to pay for the interest over time. The buy-sell agreement should specify these terms to avoid future financial strain or confusion. Life insurance can also be used to protect the business if a key person passes away. Key person insurance provides funds that can be used to replace that individual, ensuring that the business’s value doesn’t suffer due to the loss of a crucial team member. This kind of planning is essential, especially for small businesses where one or two individuals may be the driving force behind operations. ### **Avoiding Disputes with Proper Planning** Without a clear plan, the value of a business can be threatened by internal disputes. For example, if a business owner passes away without a buy-sell agreement in place, their family and the remaining business partners may end up in conflict over the valuation of the business and how the deceased member’s share should be handled. A buy-sell agreement can prevent these issues by providing a clear method for valuing the business. This valuation isn’t as simple as dividing the total business value by the percentage owned. Factors such as minority ownership and control can affect the valuation significantly. For instance, a minority owner may have little say in the day-to-day operations of the business, which could decrease the value of their share. Conversely, a majority owner with control may find their share valued at a premium because it includes the ability to direct the company’s future. By specifying these details in advance, a buy-sell agreement ensures that everyone involved understands how the valuation will be conducted, reducing the potential for disputes. ### **How to Get Started with Business and Estate Planning** Combining business and estate planning can be complex, but it’s essential for protecting what you’ve built. At KEYTLaw, we understand the unique challenges business owners face when it comes to estate planning and succession. Our team is here to help you create an estate plan that protects both your family and your business, ensuring continuity in times of uncertainty. Don’t wait until it’s too late. Book a free office, phone or Zoom vido consultation today by using our online calendar at [keytlaw.com/calendar](https://www.keytlaw.com/calendar) or calling 480-664-7478 to get started on your business and estate planning journey. Your future, and the future of your business, depend on it. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Understanding Estate Planning with KEYTLaw: Personalized, Secure, and Simple](https://www.keytlaw.com/understanding-estate-planning-with-keytlaw-personalized-secure-and-simple/) **Published:** November 15, 2024 **Author:** Richard Keyt **Content:** Estate planning is more than distributing your assets after you pass away. It is about ensuring your family is protected, minimizing potential conflicts, and making the transition as smooth as possible for your loved ones. At KEYTLaw in Scottsdale, Arizona, our team handles wills, trusts, and estate planning, providing our clients with personalized plans that give them peace of mind. In this blog, we’ll explore why estate planning is important, how our process makes it easy, and the tools we use to ensure you have a plan that truly meets your needs. ### **The Importance of Estate Planning** If you have loved ones who depend on you, estate planning is crucial. It’s not just for those with large estates; anyone who owns property, has children, or wants to avoid putting their family through unnecessary legal proceedings needs an estate plan. **Q: What if I don’t have an estate plan?** Without an estate plan, your assets are distributed according to Arizona state law, which may not align with your wishes. Your loved ones could face unnecessary delays, expenses, and conflicts. Estate planning ensures your wishes are followed and your family is taken care of according to your preferences. Beyond asset distribution, estate planning involves setting up healthcare directives, financial powers of attorney, and trusts to make sure you are covered in all aspects. It also means preparing for unforeseen situations, such as incapacity, by designating who will make decisions on your behalf. ### **A Family Team You Can Trust** Arizona estate planning attorney Richard Keyt and his son, Richard C. Keyt, lead KEYTLaw. With over four decades of experience, Richard has been serving Arizona families since 1980. Together with his son, who also has a background as a CPA, they bring a well-rounded perspective to estate planning—addressing both legal and financial aspects of your estate. Richard often shares, “I’d probably be retired if I weren’t lucky enough to work with my son.” This family connection brings a personal touch to the services they provide, and that’s reflected in the hundreds of five-star reviews they have received from satisfied clients. With over 359 five-star reviews on Google, BirdEye, and Facebook, KEYTLaw is known for quality service and a compassionate approach to estate planning. ### **Our Simple Process** Estate planning can seem daunting, but at KEYTLaw, we have simplified the process to make it as easy as possible for our clients. Here’s what you can expect when you choose us for your estate planning needs: 1. **Book a Free Consultation Your journey begins with a free consultation, which you can schedule through our website at keytlaw.com/calendar or by calling us at 480-664-7472. We offer in-person consultations at our Scottsdale office, as well as phone or Zoom consultations. During this meeting, we get to know you, understand your concerns, and answer your questions about wills, trusts, and estate planning. 2. **Customized Document Preparation Once we understand your needs, we prepare the necessary estate planning documents. All our documents are customized to your specific requirements using Wealth Counsel’s automatic document assembly software. Wealth Counsel is a trusted resource used by over 5,200 estate planning attorneys, ensuring your documents meet the highest standards. Unlike firms where a single attorney drafts documents, our use of Wealth Counsel means your documents are reviewed and refined based on the input of thousands of estate planning attorneys. This collective knowledge ensures your estate planning documents are comprehensive, accurate, and legally sound. 3. **Sign and Secure Your Documents Approximately one week after your consultation, you will come to our office to sign your documents. We then scan them and organize them in a red portfolio, with all documents neatly filed behind labeled tabs. Additionally, we provide you with a thumb drive that contains digital copies of all signed documents, ensuring you have both hard copies and electronic versions for easy access. 4. **Post-Planning Support Estate planning doesn’t end with signing your documents. One of the most important steps is properly funding your trust—transferring assets such as bank accounts and investment accounts into the trust. We support our clients throughout this process by sending follow-up emails with detailed instructions on how to transfer assets. We also provide ongoing support by answering any questions you may have, free of charge. If you need clarification on any aspect of your estate plan, you can always call us at 480-664-7472, and we’ll be happy to assist you. ### **Why Use Wealth Counsel?** **Q: What makes KEYTLaw’s estate planning documents different?** We often get asked about the quality of our trust agreements and other estate planning documents. At KEYTLaw, we use Wealth Counsel’s automatic document assembly software, a system that was developed by estate planning attorneys to meet the unique needs of clients. Wealth Counsel is used by over 5,200 estate planning attorneys nationwide, and over 100 lawyers in Arizona. Twice in the past 15 years, the Arizona Wealth Counsel group has come together to refine the ancillary documents used in estate planning, such as financial powers of attorney and healthcare directives. These revised documents are integrated into Wealth Counsel’s software, ensuring that our clients’ documents are as comprehensive and state-specific as possible. By choosing KEYTLaw, you are choosing estate planning documents that have been reviewed by thousands of attorneys, rather than relying on the experience of a single lawyer. This approach ensures that your documents are reliable and reflect the best practices in estate planning. ### **Common Questions About Estate Planning** **Q: How often should I update my estate plan?** Life changes—marriages, divorces, births, or changes in financial circumstances—can all affect your estate plan. We recommend reviewing your estate plan every three to five years, or anytime you experience a major life event. At KEYTLaw, we’re here to assist with any updates you may need to ensure your estate plan remains aligned with your wishes. **Q: What happens after I sign my estate plan?cccccclkjtbgddlgtngnti** After you sign your documents, we provide ongoing support to help you fund your trust and manage your assets. You will receive a series of emails reminding you of the steps to take, such as transferring bank accounts into your trust. This follow-up is crucial to ensure that your estate plan is fully effective. ### **Book Your Free Consultation Today** Estate planning is not just about documents; it’s about securing your legacy and providing for your loved ones. At KEYTLaw, we’re committed to making the process as simple and stress-free as possible. Whether you need a will, a trust, or help navigating probate, our team is here to help. To start, book a free office, phone or Zoom video consultation with KEYTLaw by using our online calendar at [keytlaw.com/calendar](https://www.keytlaw.com/calendar) or calling 480-664-7472. Let’s create a plan that brings you peace of mind and protects the people you care about most. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [How Estate Planning Helps Avoid Probate in Arizona](https://www.keytlaw.com/how-estate-planning-helps-avoid-probate-in-arizona/) **Published:** November 22, 2024 **Author:** Richard Keyt **Content:** Estate planning is an essential process that ensures your wishes are fulfilled after your death and that your loved ones are taken care of without unnecessary legal hurdles. In Arizona, probate is often a required process when a person dies without a proper estate plan. Understanding how probate works and how an effective estate plan can help you avoid it can save your family from a lot of stress and expense. ### **What Is Probate and When Is It Required?** Probate is the legal process by which a deceased person's assets are gathered, debts are paid, and the remaining assets are distributed to beneficiaries. This process is typically required if a person dies without a trust or if the value of their estate exceeds specific limits. In Arizona, probate becomes necessary if personal property exceeds $75,000 or if real estate exceeds $100,000 in value. **Q: Are there exemptions from probate in Arizona?** Yes, Arizona offers exemptions for smaller estates. If the deceased person’s estate is below $75,000 in personal property or below $100,000 in real estate, the family can use a small estate affidavit instead of going through probate. This streamlined process helps the heirs claim assets without the need for a full probate proceeding. However, when an estate exceeds these limits, probate is mandatory, and a personal representative must be appointed by the court to manage the estate's distribution. The personal representative collects all assets, pays off any debts, and distributes the remaining assets to the rightful heirs. ### **How an Estate Plan Helps Avoid Probate** One of the best ways to avoid probate is to establish a trust. A trust allows your assets to be transferred directly to your beneficiaries upon your death, without the need for court involvement. Unlike a will, which must go through probate, a trust bypasses the legal system entirely, allowing for a quicker and more private distribution of assets. A properly funded trust means that your property is already titled in the name of the trust, and therefore it doesn’t have to go through probate. This is especially important if you own real estate or other high-value assets that would otherwise require probate. Another tool to avoid probate is to ensure that all assets are properly titled with designated beneficiaries. For example, adding “payable on death” (POD) designations to bank accounts and other financial assets allows these assets to be transferred directly to beneficiaries without probate. ### **The Role of Wills in Estate Planning** While a will is an important part of an estate plan, it does not help you avoid probate. A will only dictates how your assets are to be distributed, but it must be validated through probate. Having a will is still crucial, especially if you have minor children, as it allows you to name guardians for them. However, to avoid probate, it is often recommended to use a trust in addition to a will. The trust helps bypass probate, while the will serves as a backup for any assets that were not transferred into the trust during your lifetime. ### **The Cost and Timeline of Probate in Arizona** Probate can be costly and time-consuming. In Arizona, even an uncontested probate typically costs around $3,500 and takes at least five months to complete. This timeline includes a mandatory four-month period during which creditors can make claims against the estate. During probate, the personal representative must also publish a notice in the local newspaper to notify any unknown creditors of the decedent's death. By avoiding probate through a well-crafted estate plan, you can save your loved ones time, money, and stress. ### **How Community Property Impacts Probate** In Arizona, community property laws also play a significant role in estate planning and probate. Arizona is a community property state, meaning that all property acquired during a marriage is considered jointly owned by both spouses, unless it was acquired as a gift or inheritance. This distinction is crucial because it affects how assets are distributed upon death. **Q: What happens to community property if one spouse dies?** If the property is held as “community property with right of survivorship,” the deceased spouse's interest automatically passes to the surviving spouse without probate. However, if the property is not titled with the right of survivorship, it may be subject to probate. ### **Ensuring a Smooth Transfer of Assets** To ensure that your estate is handled according to your wishes, it is crucial to create a comprehensive estate plan that includes both a trust and a will, as well as other essential documents like a financial power of attorney, healthcare power of attorney, and living will. These documents not only help avoid probate but also ensure that your wishes are respected if you become incapacitated. ### **Take Action to Protect Your Family** At KEYTLaw, we are committed to helping Arizona residents create estate plans that protect their families and minimize the need for probate. Book a free consultation today by visiting[ keytlaw.com](https://keytlaw.com) or calling us at 480-664-7472. Let us help you create a plan that provides peace of mind for you and your loved ones. # Article 2: Title: **Understanding Community Property and Estate Planning in Arizona** Estate planning in Arizona is often complicated by the state's community property laws. Arizona is one of only a few states that recognize community property, which can have a significant impact on how assets are distributed after death. Understanding the difference between community property and separate property is key to ensuring your estate plan is effective. ### **What Is Community Property?** In Arizona, community property is any property that a married couple acquires during their marriage, with a few exceptions. Gifts and inheritances received by one spouse during the marriage are considered separate property, as long as they are not commingled with community property. For instance, if you receive an inheritance and deposit it into a joint bank account with your spouse, that inheritance is now considered community property. To keep it as separate property, you must maintain it in a separate account in your name only. **Q: What’s the difference between community property and community property with right of survivorship? Community property with right of survivorship means that when one spouse passes away, their share of the property automatically goes to the surviving spouse without the need for probate. This can make the transfer of assets simpler and less stressful for the surviving spouse. ### **How to Properly Title Community Property** It is crucial to properly title assets to ensure they are handled according to your wishes. If you want to ensure that your spouse inherits certain assets without probate, you should hold those assets as community property with right of survivorship. This designation means that the property will automatically pass to the surviving spouse upon your death, avoiding probate. **Q: What happens if community property is not titled with right of survivorship? If community property is not titled with right of survivorship, then the deceased spouse’s interest may need to go through probate before it can be transferred to the surviving spouse. This can delay the process and potentially lead to unnecessary complications. ### **Protecting Separate Property in Your Estate Plan** It is also important to understand how to protect separate property. If you have assets that you acquired before marriage or through inheritance, you should take steps to keep them as separate property. This includes keeping separate accounts and avoiding commingling funds. In your estate plan, you can specify what happens to your separate property. For instance, you may want certain items to go to specific family members or friends. By including these details in your will or trust, you can ensure that your wishes are respected. ### **Ancillary Documents in Estate Planning** In addition to a will or trust, a comprehensive estate plan includes several ancillary documents that help manage both community and separate property. These documents include: - **Healthcare Power of Attorney**: This document allows you to name someone to make medical decisions for you if you are unable to do so. - **Financial Power of Attorney**: This document designates someone to handle your financial affairs if you become incapacitated. - **Living Will**: This document outlines your wishes regarding end-of-life medical care. These documents are crucial for ensuring that your wishes are respected and that your loved ones can easily manage your affairs if you become unable to do so. ### **Why Community Property Matters in Estate Planning** Community property laws in Arizona can complicate estate planning, especially for those who own significant assets or have been married more than once. Properly understanding and planning for community property can help you avoid probate, minimize taxes, and ensure that your wishes are honored. For example, if you form an LLC in Arizona and only list yourself on the Articles of Organization, that does not mean the LLC is separate property. If the LLC was formed during the marriage and using community funds, it is likely considered community property. It’s important to consult with an estate planning attorney to properly structure ownership to align with your estate planning goals. ### **Take the Next Step in Protecting Your Assets** Creating an estate plan that addresses community property, separate property, and other critical issues is key to protecting your loved ones and ensuring a smooth transfer of assets. At KEYTLaw, we help Arizona residents navigate the complexities of estate planning and community property law. To get started, book a free consultation by visiting[ keytlaw.com](https://www.keytlaw.com/calendar) or calling us at 480-664-7472. Let’s work together to create a plan that provides you and your family with security and peace of mind. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Snowbirds Beware: Key Arizona Estate Laws Every Out-of-State Resident Should Know](https://www.keytlaw.com/snowbirds-beware-key-arizona-estate-laws-every-out-of-state-resident-should-know/) **Published:** November 25, 2024 **Author:** Richard Keyt **Content:** People who go to Arizona for half a year but keep a house in another state are often called “[snowbirds](https://www.allvalleytransportation.com/7-things-you-didnt-know-about-snowbirds-in-arizona/).” Arizona’s warmth and beauty attract thousands of people from colder climates each year, but this dual residency can bring complexities when it comes to estate planning. Arizona’s laws may differ significantly from those in your primary residence, and multi-state residency raises questions about taxes, probate, and healthcare directives. This guide will cover how Arizona’s estate planning laws impact snowbirds, with practical steps to ensure your plan is ironclad, no matter where you are. It’s all about preserving the lifestyle you love while protecting your assets for the future. ### **Residency vs. Domicile: Why It Matters** Before diving into estate planning specifics, it’s essential to understand the difference between residency and domicile. - **Residency**: This refers to where you physically live at different times of the year. For snowbirds, this usually means spending the winter months in Arizona and the rest of the year in another state. - **Domicile**: This is your permanent home and the state you intend to return to indefinitely. It’s also the state where you hold most legal obligations. Why is this distinction so critical? Your domicile controls many aspects of estate planning, from probate proceedings to tax obligations. Snowbirds must clearly establish their domicile to avoid issues with inheritance taxes, probate, and more. [Choosing one state as your domicile](https://www.investopedia.com/tax-residency-rules-by-state-5114689), such as Arizona, could make estate planning simpler and may even reduce your tax burden. **Benefits of Making Arizona Your Domicile** Arizona’s tax-friendly environment makes it an appealing domicile state. Here are some advantages: - **No estate or inheritance tax**: Arizona doesn’t impose an estate or inheritance tax, unlike some other states, which can reduce the financial burden on your heirs. - **Favorable income tax laws**: Arizona taxes residents only on income earned within the state. This allows non-residents to benefit from lower taxes if their income comes from other states. - **Simplified probate process**: Arizona’s probate process is generally straightforward. If you establish Arizona as your domicile state, your assets can pass through a simpler probate process, particularly if you’ve set up an Arizona-compliant trust or will. For many snowbirds, the tax and legal benefits of making Arizona their domicile state far outweigh the effort involved in shifting residency. ### **How Arizona’s Tax Laws Impact Snowbirds** Arizona’s favorable [tax policies](https://azdor.gov/individuals) are one reason it’s so popular among snowbirds, but multi-state residency can complicate your tax situation. Here’s a closer look: - **Income tax**: Arizona taxes residents on income earned within the state only. If your domicile remains elsewhere, Arizona won’t tax income earned outside of Arizona, such as from your primary state. This can result in a favorable tax situation, especially for retirees who earn non-Arizona income. - **Estate taxes**: As noted, Arizona doesn’t impose estate or inheritance taxes. However, if your primary residence is in a state that does, those taxes may still apply to a portion of your estate. Planning accordingly with a tax advisor or attorney can help mitigate double taxation and ensure you’re not caught off guard. - **Property taxes**: Arizona has relatively low property taxes compared to other states, which benefits snowbirds who own a second home in Arizona. For some, making Arizona the primary residence can lower overall property tax obligations. To optimize your tax situation, it’s essential to work with an estate planning attorney who understands Arizona’s tax laws and can help you strategize, especially if you maintain multiple properties. ### **Essential Steps for Snowbirds’ Estate Planning** Estate planning for snowbirds involves a few additional steps to ensure your assets are protected and your wishes are respected. Here’s how to get started: 1. **Determine your domicile state If Arizona offers the advantages you’re looking for, establish it as your domicile. This can include registering to vote, getting an Arizona driver’s license, and spending a significant portion of the year here. 2. **Create Arizona-compliant wills or trusts Even if you have a will from another state, it’s wise to have it reviewed by an [Arizona estate attorney](https://www.youtube.com/watch?v=6Bt6lMlgL0g) to ensure it aligns with state laws. This might include setting up an Arizona-based trust to streamline the probate process for assets located in Arizona. 3. **Consider joint ownership structures For assets located in Arizona, consider using[ joint ownership ](https://www.asreb.com/2022/07/laying-down-the-law-tenants-in-common/)or “payable on death” designations, which can help bypass probate. Arizona allows these structures, and they can simplify asset transfers while avoiding lengthy legal processes. 4. **Set Up Arizona-specific healthcare directives Arizona has specific requirements for healthcare directives. If you have an out-of-state medical power of attorney or living will, they may not be recognized in Arizona. Creating Arizona-compliant healthcare documents ensures that your wishes are upheld in case of a medical emergency while you’re here. 5. **Address property ownership If you own property in multiple states, consider how you’ll handle each one in your estate plan. Arizona offers a “[beneficiary deed](https://www.keytlaw.com/ep-arizona-beneficiary-deeds/),” which allows you to transfer property upon death without probate. It’s a simple way to ensure your Arizona property is handled according to your wishes. **How to Avoid Double Taxation and Other Financial Pitfalls** One of the most common concerns for snowbirds is the risk of double taxation. Here are some tips to minimize it: - **Document your residency**: Keep clear records of where you spend your time, as this helps demonstrate which state should claim you as a resident. This can prevent other states from trying to tax you as a primary resident. - **Coordinate with a tax advisor**: Having a professional who understands the tax obligations in each state you reside in can help prevent overlap and costly mistakes. - **Review property taxes**: Some states offer property tax exemptions or discounts for primary residences. Ensure that you only claim these benefits in your domicile state to avoid penalties. ### **Additional Considerations for Estate Planning as a Snowbird** 1. **Powers of attorney Each state has its own specific requirements for powers of attorney, whether for finances or healthcare. Ensure that your powers of attorney are valid in Arizona by consulting with an Arizona-based attorney. You may need to set up dual powers of attorney if you split your time evenly between two states. 2. **Digital assets As a snowbird, you may have digital accounts tied to multiple states or even internationally. Arizona law allows you to include digital assets in your estate plan. This could include access to email accounts, social media, and online banking. Be sure to account for these to make life easier for your executor or loved ones. 3. **Beneficiary designations Many assets, like retirement accounts and insurance policies, allow you to designate beneficiaries. Regularly review and update these designations to ensure they align with your current wishes and reflect your domicile. ### **The Arizona Advantage: Estate Planning with Peace of Mind** Whether you’re a full-time resident or a snowbird, Arizona’s tax-friendly environment and favorable estate laws make it an ideal place to settle and plan for the future. Arizona laws offer specific advantages that can ease estate administration and reduce tax burdens on your heirs. Just ensure that your estate plan is aligned with Arizona’s unique laws and fully accounts for your multi-state lifestyle. **Work with our Experienced Scottsdale Estate Planning Lawyers** If you’re ready to protect your assets and simplify your estate planning process, connect with[ KEYTLaw](https://www.keytlaw.com) in Scottsdale. Our father and son team has extensive experience working with snowbirds and out-of-state residents, ensuring that your plan fits Arizona’s legal framework while meeting your unique needs. We’ve prepared 650+ estate plans, and you can trust our knowledge to make a difference when it comes to your peace of mind! Schedule a free consultation with KEYTLaw today to take control of your future with confidence. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Estate Planning --- ### [Understanding Community Property and Estate Planning in Arizona](https://www.keytlaw.com/understanding-community-property-and-estate-planning-in-arizona/) **Published:** November 29, 2024 **Author:** Richard Keyt **Content:** Estate planning in Arizona is often complicated by the state's community property laws. Arizona is one of only a few states that recognize community property, which can have a significant impact on how assets are distributed after death. Understanding the difference between community property and separate property is key to ensuring your estate plan is effective. ### **What Is Community Property?** In Arizona, community property is any property that a married couple acquires during their marriage, with a few exceptions. Gifts and inheritances received by one spouse during the marriage are considered separate property, as long as they are not commingled with community property. For instance, if you receive an inheritance and deposit it into a joint bank account with your spouse, that inheritance is now considered community property. To keep it as separate property, you must maintain it in a separate account in your name only. **Q: What’s the difference between community property and community property with right of survivorship? Community property with right of survivorship means that when one spouse passes away, their share of the property automatically goes to the surviving spouse without the need for probate. This can make the transfer of assets simpler and less stressful for the surviving spouse. ### **How to Properly Title Community Property** It is crucial to properly title assets to ensure they are handled according to your wishes. If you want to ensure that your spouse inherits certain assets without probate, you should hold those assets as community property with right of survivorship. This designation means that the property will automatically pass to the surviving spouse upon your death, avoiding probate. **Q: What happens if community property is not titled with right of survivorship? If community property is not titled with right of survivorship, then the deceased spouse’s interest may need to go through probate before it can be transferred to the surviving spouse. This can delay the process and potentially lead to unnecessary complications. ### **Protecting Separate Property in Your Estate Plan** It is also important to understand how to protect separate property. If you have assets that you acquired before marriage or through inheritance, you should take steps to keep them as separate property. This includes keeping separate accounts and avoiding commingling funds. In your estate plan, you can specify what happens to your separate property. For instance, you may want certain items to go to specific family members or friends. By including these details in your will or trust, you can ensure that your wishes are respected. ### **Ancillary Documents in Estate Planning** In addition to a will or trust, a comprehensive estate plan includes several ancillary documents that help manage both community and separate property. These documents include: - **Healthcare Power of Attorney**: This document allows you to name someone to make medical decisions for you if you are unable to do so. - **Financial Power of Attorney**: This document designates someone to handle your financial affairs if you become incapacitated. - **Living Will**: This document outlines your wishes regarding end-of-life medical care. These documents are crucial for ensuring that your wishes are respected and that your loved ones can easily manage your affairs if you become unable to do so. ### **Why Community Property Matters in Estate Planning** Community property laws in Arizona can complicate estate planning, especially for those who own significant assets or have been married more than once. Properly understanding and planning for community property can help you avoid probate, minimize taxes, and ensure that your wishes are honored. For example, if you form an LLC in Arizona and only list yourself on the Articles of Organization, that does not mean the LLC is separate property. If the LLC was formed during the marriage and using community funds, it is likely considered community property. It’s important to consult with an estate planning attorney to properly structure ownership to align with your estate planning goals. ### **Take the Next Step in Protecting Your Assets** Creating an estate plan that addresses community property, separate property, and other critical issues is key to protecting your loved ones and ensuring a smooth transfer of assets. At KEYTLaw, we help Arizona residents navigate the complexities of estate planning and community property law. To get started, book a free consultation by visiting[ keytlaw.com](https://keytlaw.com) or calling us at 480-664-7478. Let’s work together to create a plan that provides you and your family with security and peace of mind. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Advanced Estate Planning Techniques for Reducing Estate Tax: A Guide for High Net Worth Individuals](https://www.keytlaw.com/advanced-estate-planning-techniques-for-reducing-estate-tax-a-guide-for-high-net-worth-individuals/) **Published:** December 6, 2024 **Author:** Richard Keyt **Content:** For high-net-worth individuals, strategic estate planning is essential to preserving wealth and protecting assets from estate tax. With the current estate tax exemption at just over $13 million, many individuals and families risk seeing a significant portion of their estates go to taxes if they don’t implement proactive planning techniques. Below, we’ll explore key strategies that can help reduce or eliminate estate tax burdens while securing your legacy. **What is the Estate Tax Exemption, and Why Does it Matter?** The estate tax exemption represents the amount that individuals can pass to their heirs without incurring estate tax. Currently, this threshold is over $13 million per person, meaning that, in most cases, an estate valued below this amount won’t face estate tax. However, if your net worth exceeds this threshold, proactive planning can help you avoid millions in potential taxes, ensuring that more of your wealth benefits your family rather than going to taxes. Estate planning methods, such as irrevocable trusts, family limited partnerships, and irrevocable life insurance trusts, allow you to take advantage of the tax code in ways that safeguard your assets. Let's break down how each of these strategies works and how they might be beneficial for your estate. **Utilizing Irrevocable Trusts to Reduce Your Taxable Estate** Irrevocable trusts are a powerful tool for high-net-worth individuals looking to minimize estate tax. When assets are placed in an irrevocable trust, they are removed from your estate, effectively reducing the overall taxable amount. Unlike a revocable trust, which allows changes or dissolution, an irrevocable trust cannot be altered once established. This permanence offers distinct tax advantages. In addition to reducing your estate’s taxable value, irrevocable trusts provide the added benefit of creditor protection. Because assets in the trust are no longer owned by you personally, they are generally shielded from creditors. This structure is especially useful for individuals with significant wealth who want to protect their assets from potential future liabilities while also reducing estate tax obligations. **Understanding Family Limited Partnerships (FLPs) for Wealth Transfer** A family limited partnership (FLP) is another valuable tool for those looking to transfer wealth efficiently. An FLP allows you to transfer assets out of your estate while retaining control over them. Here’s how it works: - **General Partner and Limited Partners:** An FLP typically involves creating a general partner LLC, which is responsible for managing the partnership’s assets. Limited partners, often family members or irrevocable trusts, hold shares in the FLP but do not have control over the assets. - **Control and Liability Management:** As the general partner, you retain control of the assets without direct ownership, which helps reduce your estate’s taxable value. Moreover, by creating an LLC as the general partner, you protect your personal assets from partnership liabilities. This structure is ideal for high-net-worth individuals who want to maintain control of their assets while effectively transferring wealth to future generations. FLPs can be a sophisticated way to lower estate taxes, but it’s important to establish a clear partnership agreement and keep meticulous records to ensure compliance and avoid disputes. **Leveraging Irrevocable Life Insurance Trusts (ILITs) for Estate Tax Savings** Life insurance policies can significantly impact estate tax obligations. Typically, when the owner of a life insurance policy dies, the policy’s proceeds are included in the owner’s gross estate, potentially pushing the estate’s value over the taxable threshold. However, with an Irrevocable Life Insurance Trust (ILIT), you can exclude life insurance proceeds from your taxable estate. When setting up an ILIT, the trust becomes the legal owner of your life insurance policy. Here’s why this matters: - **Tax-Free Proceeds:** Upon your death, the ILIT receives the life insurance payout. Since the trust, not you, owns the policy, the proceeds aren’t considered part of your estate and, therefore, are exempt from estate tax. - **Beneficiary Support:** The ILIT ensures that life insurance proceeds are distributed according to your wishes, providing financial support to beneficiaries without being subject to estate taxes. For high-net-worth individuals whose estates exceed the current exemption threshold, an ILIT can be an effective method for keeping life insurance proceeds intact for heirs. Establishing an ILIT requires meticulous planning and adherence to specific legal requirements, but it can yield substantial tax savings. **Common Questions About Estate Tax Planning** *How do I know which estate planning strategy is right for me?* Choosing the best strategy depends on your specific circumstances, such as your net worth, family structure, and long-term goals. Consulting with an experienced estate planning attorney can help you evaluate your options and create a plan that aligns with your needs. *Is it necessary to set up an irrevocable trust if I already have a revocable trust?* While a revocable trust is a valuable tool for avoiding probate and maintaining privacy, it doesn’t reduce estate tax. An irrevocable trust, on the other hand, removes assets from your taxable estate, making it ideal for tax planning. Each type of trust serves a unique purpose, and using both strategically can help maximize your estate planning efforts. *What are the risks of setting up a family limited partnership?* Family limited partnerships offer substantial benefits, but they also come with responsibilities. As a general partner, you must maintain control over the partnership’s assets, keep accurate records, and follow all legal requirements to ensure compliance. FLPs are often scrutinized by the IRS, so working with a knowledgeable attorney can help you avoid common pitfalls. *Can I modify my estate planning strategy if tax laws change?* Tax laws frequently change, and high-net-worth individuals should review their estate plans regularly to adapt to these shifts. While some tools, like irrevocable trusts, are challenging to alter, others can be adjusted. Regular consultations with an estate planning attorney ensure your plan remains effective over time. **Start Planning Your Estate Today** Estate tax planning is essential for anyone with significant wealth who wants to protect their assets for future generations. At KEYTLaw in Scottsdale, Arizona, we specialize in helping high-net-worth individuals create tailored estate planning strategies to minimize tax obligations and safeguard family wealth. From irrevocable trusts and family limited partnerships to irrevocable life insurance trusts, we’ll work with you to determine the best solutions for your unique needs. Protect your legacy and give your family the gift of financial security with a proactive estate plan. Book a free consultation with us today to discuss your options and secure your financial future. [keytlaw.com](http://keytlaw.com) ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Planning for Retirement? Estate Planning Tips for the New Year](https://www.keytlaw.com/planning-for-retirement-estate-planning-tips-for-the-new-year/) **Published:** December 13, 2024 **Author:** Richard Keyt **Content:** As the New Year rolls around, it’s natural to think about fresh starts and future goals. For many of us, retirement planning is at the forefront of those reflections. While you may already be contributing to a 401(k) or IRA and dreaming of those golden years, there’s another critical piece of the puzzle that often goes overlooked: estate planning. We believe estate planning and retirement go hand in hand. If retirement represents the years you’ve worked hard to enjoy, estate planning ensures that all that hard work is protected, for both you and your loved ones. With a new year ahead, now is the perfect time to review your plans, update your documents, and take steps to secure your legacy. Let’s walk through some practical tips to guide you through this process. ### **Start by Reviewing What You Have** [Estate planning](https://www.youtube.com/watch?v=6Bt6lMlgL0g) often begins with a simple question: “What do I already have in place?” Many people don’t realize they already have elements of an estate plan, whether it’s a will, a trust, or even beneficiary designations on financial accounts. However, as life changes—through marriage, children, a new home, or retirement—those plans need updating. Take some time early in the New Year to review the following: - **Your Will or Trust:** Does it reflect your current wishes? Have there been changes in your family, such as marriages, divorces, or new grandchildren, that need to be addressed? - **Beneficiary Designations:** Check the beneficiaries listed on your retirement accounts, life insurance policies, and payable-on-death accounts. These designations override what’s in your will, so it’s important to ensure they match your intentions. - **Powers of Attorney:** Do you have someone designated to handle your finances or make medical decisions if you’re unable to? If not, it’s time to create these documents. Starting with what you already have not only brings peace of mind but helps you identify areas where your plan may need a little fine-tuning. ### **Align Your Estate Plan with Your Retirement Goals** As you approach or enjoy retirement, your priorities shift. You’re likely focused on maintaining your lifestyle, ensuring your healthcare needs are met, and leaving a legacy for your loved ones. Your estate plan should align with these goals. Consider these steps to make sure your estate plan supports your retirement: - **Protect Your Assets:** If you’ve spent years building your nest egg, you want to ensure it’s protected. Setting up a trust can help shield your assets from unnecessary taxes, legal fees, and even creditors. - **Plan for Long-Term Care:** No one likes to think about the possibility of needing [long-term care](https://www.genworth.com/aging-and-you/finances/cost-of-care), but the reality is that it’s a significant expense for many retirees. A well-thought-out estate plan can incorporate strategies to cover these costs without depleting your savings. - **Simplify the Process for Your Family:** Creating clear, legally sound documents reduces the burden on your loved ones. For instance, a trust can allow your heirs to avoid probate, saving time, money, and stress. ### **Consider the Tax Implications** Retirement often means shifting from earning an income to drawing from your savings, pensions, or retirement accounts. While you may already be thinking about income taxes, estate taxes are another critical consideration. The federal estate tax exemption is high, but it’s always worth keeping an eye on potential changes in tax laws. In Arizona, there’s no state estate tax, but that doesn’t mean taxes won’t come into play. If you own property in another state, have significant assets, or plan to gift money to family members, working with a professional to structure your estate plan can help minimize the tax burden on your heirs. ### **Plan for the “What-Ifs”** Life is unpredictable, and that’s precisely why estate planning exists. Retirement is a time to enjoy the fruits of your labor, but it’s also an opportunity to prepare for unexpected events. A comprehensive estate plan addresses contingencies like incapacitation, sudden illness, or even disputes among family members. Here’s what you can do to prepare for life’s “what-ifs”: - **Update or Create a Living Will:** Also known as an [advance healthcare directive](https://www.azag.gov/issues/elder-affairs/life-care-planning), this document outlines your preferences for medical care if you’re unable to make decisions yourself. - **Choose the Right Fiduciaries:** Whether it’s an executor for your will, a trustee for your trust, or a financial power of attorney, selecting trustworthy individuals is key to ensuring your wishes are carried out. - **Communicate with Your Family:** Open discussions about your plans can help prevent misunderstandings or disputes down the road. While these conversations may feel uncomfortable, they’re an important part of protecting your legacy. ### **Take Small Steps Toward Big Goals** Estate planning can feel overwhelming at first, especially if you’re starting from scratch. The good news is that you don’t have to tackle everything at once. Taking small, deliberate steps can make the process manageable and even empowering. Here are a few ideas to get started: 1. [Schedule a meeting with an estate planning attorney](https://www.keytlaw.com/) to review your current plan or discuss creating one. 2. Organize important documents like deeds, account statements, and insurance policies in a secure, accessible location. 3. Make a list of your assets, including real estate, bank accounts, investments, and personal property, to ensure nothing is overlooked. 4. Set a goal to complete one piece of your estate plan—whether it’s updating a beneficiary designation or creating a healthcare directive—within the next month. By breaking the process into smaller tasks, you’ll build momentum and make meaningful progress toward protecting your future. ### **The Gift of Peace of Mind** One of the greatest benefits of estate planning is the peace of mind it provides. Knowing that your loved ones will be cared for, your wishes respected, and your legacy preserved is a priceless gift. As you head into the New Year, take comfort in knowing that you’re setting the stage for a secure and fulfilling retirement. ### **What Better Time Than the New Year to Get Your Affairs In Order?** At [KEYTLaw](https://www.keytlaw.com/calendar/), we understand how important it is to plan for retirement and the future while enjoying the present. Estate planning doesn’t have to be complicated or intimidating—it’s about taking steps to protect what matters most to you. Whether you need to create a new plan or update an existing one, we’re here to help. Contact us today to schedule a free consultation and make 2025 the year you take control of your legacy. From all of us at KEYTLaw, we wish you a happy and prosperous New Year. Here’s to a year filled with peace, purpose, and plenty of joy! ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Estate Planning --- ### [Essential Estate Planning and LLC Strategies for Arizona Business Owners](https://www.keytlaw.com/essential-estate-planning-and-llc-strategies-for-arizona-business-owners/) **Published:** December 12, 2024 **Author:** Richard Keyt **Content:** Estate planning and asset protection are essential for Arizona business owners who want to safeguard their companies and protect their loved ones from legal complications. In addition to forming LLCs for over 9,200 Arizona businesses, KEYTLaw emphasizes the importance of estate planning, buy-sell agreements, and trusts to ensure that a business’s future is secure if an owner dies or becomes incapacitated. Here’s an in-depth look at these critical planning tools and how they can help Arizona business owners avoid potential issues. **Why Estate Planning Matters for Arizona Business Owners** When multiple owners are involved in an Arizona LLC, it's crucial to plan for what happens if one of the owners passes away. Unfortunately, many business owners operate without a will or trust, leaving their interests in the business and other assets up to Arizona’s laws of inheritance. Without a plan in place, these interests may end up in the hands of individuals who the original owner did not intend to inherit them. Arizona law provides specific guidelines for inheritance if a business owner dies without a will. Generally, if a married person passes away, their assets are divided between the spouse and any children, including children from previous marriages. If the deceased owner isn’t married, assets go to their children or, if they have no children, to their parents or siblings. This division can create tension among surviving business owners and lead to unwanted involvement from heirs who may not share the business’s vision. Estate planning ensures that assets go where the business owner intended, reducing the likelihood of conflict and complications. **The Role of Trusts in Business Estate Planning** For sole owners and those in multi-owner LLCs, creating a trust offers a streamlined way to determine who inherits business interests. A trust also provides the opportunity to shield loved ones from the administrative burdens and delays associated with probate. Business owners who have a trust in place can specify beneficiaries, which not only ensures that assets go to the right people but also protects the business from any legal issues that may arise from unclear ownership. A trust is more than a legal document; it’s a commitment to ensuring that loved ones and business interests are taken care of. By establishing a trust as part of a comprehensive estate plan, Arizona business owners can ensure continuity, limit legal exposure, and clarify the distribution of assets according to their wishes. **How Buy-Sell Agreements Protect Business Continuity** For Arizona businesses with multiple owners, a buy-sell agreement is a crucial tool for ensuring a smooth transition if one of the owners passes away or becomes incapacitated. This legally binding agreement provides a clear plan for how an owner’s interest in the business will be handled. Buy-sell agreements can be structured to either require the company to buy back the interest of the deceased owner or to give the company the option to do so. By structuring a buy-sell agreement, owners can agree in advance on the terms and conditions for the transfer of ownership. This agreement can help avoid potential disagreements, as the terms for succession have already been established. For example, the agreement might specify that the deceased owner’s interest will be purchased by the company, with the proceeds going to the heirs. This approach removes the family from the business operations, allowing the surviving owners to continue managing the company without the potential complications of working with inheritors who may have different goals or lack business experience. When an LLC’s owners establish a buy-sell agreement, they’re not only planning for business continuity—they’re also providing financial security to the deceased owner’s family, who will receive the monetary value of the ownership interest. **Why LLCs Are Essential for Asset Protection** Operating a business or renting real estate in Arizona can carry financial risks, as unexpected events can lead to lawsuits or significant liabilities. Forming an LLC is one of the most effective ways to protect personal assets from business-related risks. By forming an LLC, business owners in Arizona can ensure that their personal savings and property are not at risk if something goes wrong within the business. Under Arizona law, LLC owners are not personally liable for the debts or obligations of the LLC. This separation of personal and business assets means that if a liability arises—such as a lawsuit related to an injury on a rental property owned by the LLC—the LLC’s assets may be at risk, but the personal assets of its members are generally protected. This protection can be especially valuable for business owners with real estate holdings, as incidents such as a property accident can otherwise put significant personal assets at risk. In the event of a serious issue, like an injury due to a gas leak or an appliance malfunction in a rental property, the LLC structure ensures that only the assets owned by the LLC are vulnerable. This layer of protection allows Arizona business owners to separate their personal finances from their business operations, creating peace of mind and long-term financial security. **Questions About Protecting Business and Personal Assets in Arizona** *How do I choose between forming a trust or a will for my business interests?* A trust provides a more flexible and private option for distributing assets, while a will goes through probate and can lead to delays. For business owners, trusts are generally more advantageous, as they allow for immediate transition and do not require public court processes. *What if I have a business partner? Should we both have an estate plan?* Yes, estate planning is crucial for all owners in a multi-member LLC. Without an estate plan, one owner’s death could complicate the business’s ownership structure, leading to potential legal battles or operational challenges. Both partners should have comprehensive estate plans that address their business interests. *Can an LLC alone protect my personal assets if something goes wrong in the business?* An LLC is highly effective at separating personal and business liabilities, but it is not a substitute for comprehensive estate planning. While an LLC shields personal assets from business debts, an estate plan provides additional clarity and protection for what happens to your ownership interest if you pass away. **Secure Your Business and Personal Legacy** Estate planning and asset protection are essential for Arizona business owners who want to protect their legacy, secure personal assets, and ensure the continuity of their business. At KEYTLaw, we’re dedicated to helping you navigate these complex issues, providing guidance on LLC formation, trusts, and buy-sell agreements tailored to Arizona law. With over 10,000 Arizona LLCs formed, our team understands the intricacies of asset protection and estate planning for business owners. [Book a free consultation](http://keytlaw.com) with us today to discuss how we can help you protect your business, assets, and loved ones. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [The Importance of a Will and How Probate Works in Arizona](https://www.keytlaw.com/the-importance-of-a-will-and-how-probate-works-in-arizona/) **Published:** December 27, 2024 **Author:** Richard Keyt **Content:** Estate planning is essential to ensure your wishes are honored and your assets are distributed according to your preferences. For Arizona families, a will is a critical document that plays a foundational role in estate planning, outlining who should inherit assets and making provisions for minor children. Below, we’ll explore the importance of having a will, how the probate process works, and how it affects your loved ones. **What is a Will and Why Do You Need One?** A will is a legally binding document that outlines who will inherit your assets when you pass away. It also designates a personal representative who will manage your estate and ensure your wishes are followed. In Arizona, if you have minor children under 18, a will can also name a guardian to care for them and a conservator to manage their inherited assets. Without a will, state laws determine who receives your assets, which may not align with your intentions. Creating a will offers peace of mind, especially for parents, by ensuring that your children’s needs are met if something unexpected happens. Additionally, a will provides clarity for your loved ones, removing guesswork about your wishes. Having this document in place is an important step toward safeguarding your family’s future, reducing the risk of legal battles, and helping family members avoid emotional and financial distress. **Understanding the Probate Process** Probate is a court-supervised process that validates your will, ensuring that it meets Arizona’s legal requirements. During probate, the court appoints a personal representative to carry out the instructions in your will. This representative has several important responsibilities, such as gathering assets, paying off debts, and distributing your estate to your designated beneficiaries. While probate serves an essential purpose, it is often lengthy, costly, and public, which may expose personal financial details. Probate can last anywhere from several months to a few years, depending on the complexity of your estate, the number of beneficiaries, and whether any disputes arise. The cost of probate, including court fees and legal expenses, can reduce the inheritance available to your beneficiaries. For families with substantial assets, probate can be a source of financial and emotional stress, which is why many people aim to avoid or minimize it. **When Probate Is Necessary—and When It Isn’t** Probate is required when assets remain in your name at the time of your death. For instance, if you own a home, a car, or a bank account solely in your name, these assets would go through probate unless otherwise directed. However, assets that have beneficiary designations, such as retirement accounts, life insurance policies, and certain payable-on-death accounts, may transfer directly to beneficiaries without involving probate. If your goal is to minimize probate, you can consider tools like beneficiary designations, joint ownership, or trusts, which help bypass the probate process. By structuring your assets properly, you can ease the transition for your loved ones and reduce the costs associated with probate. **Common Mistakes to Avoid When Creating a Will** Creating a will involves careful planning to avoid common mistakes, such as: - **Not Updating the Will Regularly:** Changes in life circumstances, such as marriage, divorce, or the birth of a child, may require updates to your will. - **Failing to Name Backup Beneficiaries or Representatives:** It’s crucial to name alternates in case the primary beneficiaries or representatives are unable to fulfill their roles. - **Including Non-Transferable Assets in the Will:** Avoid designating retirement accounts or life insurance policies in your will; these should have direct beneficiary designations. - **Naming Minor Children as Direct Beneficiaries:** This can lead to complications. Instead, consider setting up a trust to manage and protect assets for minor beneficiaries until they reach an appropriate age. By consulting an estate planning attorney, you can ensure that your will is comprehensive and legally sound, covering every detail that matters to you. This guidance can help you avoid costly mistakes and protect your family from unnecessary legal issues down the road. **Why a Will Alone May Not Be Enough** While a will is a powerful tool, it may not cover all aspects of estate planning. For families with complex assets or significant wealth, combining a will with other estate planning tools, like trusts, provides added protection and flexibility. In addition, separate documents like powers of attorney for financial and medical matters ensure your wishes are respected if you become incapacitated. A well-rounded estate plan will ensure that your family is prepared for various scenarios, reducing potential conflicts and allowing for a smooth asset transition. Consider speaking with an attorney who can help you create a comprehensive estate plan that addresses all necessary details. To learn more about how a will can secure your family’s future, book a free consultation with KEYTLaw today. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [How Living Trusts Provide Asset Protection, Privacy, and Control](https://www.keytlaw.com/how-living-trusts-provide-asset-protection-privacy-and-control/) **Published:** December 27, 2024 **Author:** Richard Keyt **Content:** In addition to a will, many Arizona families benefit from setting up a living trust to manage and protect their assets. A living trust offers several advantages over a will, including the ability to avoid probate, maintain privacy, and provide asset protection for beneficiaries. In this article, we’ll look at how living trusts work and why they’re an excellent choice for families seeking comprehensive estate planning. **What is a Living Trust?** A living trust is a legal arrangement where you transfer ownership of your assets into a trust while retaining control over them as the trustmaker. You designate a successor trustee who will manage and distribute the assets according to your wishes if you become incapacitated or pass away. This setup offers flexibility during your lifetime and a seamless asset transfer upon death. The trust provides a framework for managing assets, ensuring they are used according to your intentions, and bypassing probate. By choosing a living trust, Arizona families can avoid many of the complications and expenses associated with probate, providing their loved ones with an efficient way to inherit assets. **Why Avoiding Probate is Beneficial** One of the primary benefits of a living trust is that it avoids probate, a public and often costly court process. By bypassing probate, families save time, reduce expenses, and maintain privacy regarding their financial affairs. This streamlined transition allows beneficiaries to receive their inheritance more quickly and without unnecessary legal hurdles. For families with substantial assets, avoiding probate is especially beneficial, as it prevents delays, minimizes stress for heirs, and reduces the chance of disputes. With a living trust, you retain control over how and when your assets are distributed, helping avoid family conflicts and ensuring that your wishes are honored. **Incapacity Planning with a Living Trust** A living trust also provides essential provisions for incapacity planning. If you become unable to manage your finances due to an illness or accident, the successor trustee you’ve designated can step in to manage your assets. This arrangement is simpler than relying on a power of attorney, which some financial institutions may hesitate to honor. The living trust allows your financial needs to be met efficiently, without requiring a court-appointed guardian or conservator. This peace of mind is invaluable, as it prevents loved ones from facing legal challenges during an already difficult time and ensures that you receive the care you need. **Protecting Beneficiaries with a Trust** A living trust provides a level of asset protection that a will does not. For example, you can establish individual trusts for beneficiaries, which can shield their inheritance from creditors, divorce proceedings, and bankruptcy. This feature is particularly useful for beneficiaries who may face financial challenges or need support in managing their inheritance. With a living trust, you can protect your loved ones from life’s uncertainties, ensuring they benefit from their inheritance without risking it due to poor financial decisions or legal issues. This protection provides reassurance that your legacy will remain intact for future generations. **Pour-Over Wills: A Safety Net for Your Trust** To ensure all assets are included in the trust, many estate plans incorporate a pour-over will. This type of will acts as a safety net, transferring any assets that were not moved into the trust during your lifetime. For example, if you acquire property later in life and forget to add it to your trust, the pour-over will direct that asset into the trust after your death, avoiding probate. Combining a living trust with a pour-over will provides comprehensive protection, ensuring that even overlooked assets are handled according to your wishes, reducing the need for a lengthy probate process and keeping estate matters private. **Choosing Between a Will and a Living Trust** Deciding between a will and a living trust often depends on the size and complexity of your estate. For smaller estates, a will may suffice, especially if assets are covered by beneficiary designations. However, for estates valued over $300,000, a living trust provides added control, flexibility, and asset protection. If you aim to preserve wealth across generations and safeguard beneficiaries from potential financial risks, a living trust is often the superior choice. Discussing your specific needs with an attorney can help you decide which option aligns best with your goals. To learn more about how a living trust can protect your assets and loved ones, book a free consultation with KEYTLaw today. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Common Estate Planning Mistakes and How to Avoid Them: A Guide for Arizona Residents](https://www.keytlaw.com/common-estate-planning-mistakes-and-how-to-avoid-them-a-guide-for-arizona-residents/) **Published:** January 2, 2025 **Author:** Richard Keyt **Content:** Estate planning is essential for anyone who wants to protect their assets, ensure their loved ones’ security, and make sure their wishes are respected. However, even well-intentioned estate plans can contain errors that lead to unintended consequences. By understanding the most common mistakes people make in wills and trusts, Arizona residents can build a more secure estate plan that meets their needs. Here’s a look at these common pitfalls and how to avoid them. **Avoid Leaving Assets Directly to Minors** One significant mistake in estate planning is leaving assets directly to minor children. When assets are left to a child under 18, Arizona law generally requires that the child gain control over these assets upon reaching adulthood. However, most parents want more control over when and how their children inherit assets. By setting up a trust within your will, you can designate a conservator to manage the assets for the minor child and specify the age at which the child gains full control. A trust not only safeguards a minor child’s inheritance but also provides the option to gradually release control of the assets as they mature. This ensures that the assets are managed responsibly and are protected from potential financial mismanagement. By including these protections, you can help secure your child’s future in a way that a basic will alone cannot. **The Importance of Asset Protection for Beneficiaries** Another mistake many people make is assuming that leaving assets to an adult beneficiary will automatically protect those assets. In reality, assets left outright to an adult are vulnerable to creditors, lawsuits, divorce settlements, and bankruptcy. This risk became all too clear in one recent case, where a beneficiary inherited a large sum in a will but lost it all to creditors immediately upon receiving it. To avoid this, consider leaving significant assets to beneficiaries within an irrevocable asset protection trust rather than directly through a will. An irrevocable trust provides the legal structure to protect assets from creditors, divorce, and other potential liabilities, ensuring that beneficiaries retain full benefit of their inheritance. This setup is particularly valuable for those with substantial assets and can help protect family wealth across generations. **Designating Organ Donation Wishes Properly** Many people mistakenly assume that expressing their desire to be an organ donor in their will is sufficient. However, wills are often not read until after organ donation would be possible, making this approach ineffective. In Arizona, organ donation instructions should be documented on a driver’s license, state ID, or a living will. These alternatives are legally recognized and ensure that your wishes regarding organ donation can be carried out in a timely manner. By planning ahead with the proper documentation, you can avoid potential confusion and ensure that your wishes are respected. **Correctly Naming Beneficiaries for Retirement Accounts** Another common mistake in estate planning is naming beneficiaries for retirement accounts—such as IRAs, 401(k)s, or other retirement plans—within a will. These types of assets do not pass through a will but instead transfer directly to beneficiaries based on the beneficiary designations on file with the retirement plan custodian. To correctly pass on retirement assets, complete the required beneficiary designation forms with your retirement plan provider, naming both primary and contingent beneficiaries. This step ensures that your retirement assets are transferred seamlessly to the intended beneficiaries without delay. If you rely solely on a will for these accounts, it could lead to unintended complications, as retirement assets are subject to specific federal rules that require proper beneficiary designation. **Separate Directives for Medical and End-of-Life Wishes** A will is not the place to specify end-of-life medical directives, such as “do not resuscitate” (DNR) orders or instructions to discontinue life support. Arizona requires DNR orders to be on specific orange-colored paper and filed separately to be enforceable. If you wish to provide instructions for these medical decisions, you should create a living will. This legal document offers a clear directive regarding your wishes in terminal situations and ensures that your doctors and loved ones understand your choices. Additionally, naming someone to make medical decisions on your behalf requires a health care power of attorney, which allows a designated individual to advocate for you if you are incapacitated. This document ensures that the person you trust can act on your behalf in line with your wishes, rather than relying on a default family member or legal representative. **Choosing a Financial Power of Attorney for Incapacity** Many people mistakenly list someone in their will to handle their finances in the event of incapacity. However, a will only goes into effect after death and does not cover scenarios in which a person becomes mentally incapacitated or otherwise unable to make decisions. For such situations, a separate financial power of attorney document is needed. This document allows you to appoint a trusted individual to manage financial matters, pay bills, and handle transactions on your behalf if you become incapacitated. Without a financial power of attorney, loved ones may face unnecessary complications or court involvement to manage your affairs. By proactively designating someone through a financial power of attorney, you ensure that your finances are secure and managed according to your wishes during any period of incapacity. **Do Not Include DNR Orders in Your Will** In Arizona, DNR orders must be on orange-colored paper, and they cannot simply be stated in a will. A will is typically only read and acted upon after death, so any DNR instructions within it would be ineffective in a medical emergency. By filling out the required form and keeping it easily accessible, you can ensure that your medical team is aware of your wishes without delay. The Arizona Department of Health Services provides DNR forms, which are widely accepted and enforceable. Including a DNR in your will can create confusion and delays. By taking the time to prepare the appropriate form, you protect your wishes and provide clarity for both medical professionals and family members. **Plan Your Estate Carefully with Comprehensive Legal Documents** Estate planning is a powerful way to protect your assets, care for loved ones, and ensure that your wishes are respected. By understanding the unique roles of each document—such as wills, living trusts, powers of attorney, and living wills—Arizona residents can build a plan that truly reflects their needs and values. At KEYTLaw, we help clients avoid these common mistakes and develop a secure, personalized estate plan. To learn more about how we can help you create a well-rounded estate plan, [book a free consultation today.](http://keytlaw.com) ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Understanding the Role of a Trustee in Arizona](https://www.keytlaw.com/understanding-the-role-of-a-trustee-in-arizona/) **Published:** January 9, 2025 **Author:** Richard Keyt **Content:** A trustee plays a vital role in the administration of a trust, ensuring that its terms are executed properly and that the beneficiaries’ interests are protected. Selecting the right trustee and understanding their responsibilities can prevent costly mistakes and family conflicts. Here’s what you need to know about trustees, their legal duties, and how they help protect your trust and its assets. #### **What Does a Trustee Do?** A trustee is responsible for administering a trust according to its terms. Their duties begin after the trust creator’s passing and can include: - **Notifying Beneficiaries:** Trustees must inform beneficiaries of their role and provide them with a copy of the trust agreement. This ensures transparency and allows beneficiaries to understand their rights. - **Safeguarding Assets:** Trustees must take possession of trust assets to prevent waste or misuse. Proper management is essential to preserving the trust’s value. - **Managing Creditor Claims:** In Arizona, trustees notify potential creditors of the trust administration. This allows creditors to file claims within a four-month period, after which the trustee can settle valid claims and move forward with distributions. - **Distributing Assets:** Once obligations are fulfilled, trustees distribute remaining assets to beneficiaries as outlined in the trust agreement. In some cases, a trustee may have ongoing responsibilities, such as managing assets for a minor beneficiary until they reach a certain age. #### **Why Is Choosing the Right Trustee So Important?** A trustee has fiduciary duties, which means they must act in the best interests of the beneficiaries and the trust. This is one of the highest legal standards, and failure to meet it can lead to liability. For example, if a trustee invests trust funds irresponsibly—such as in a high-risk venture—beneficiaries may sue for breach of fiduciary duty. The consequences can be severe, including financial restitution to the beneficiaries. Selecting a trustee who is responsible, financially savvy, and capable of managing the trust’s complexities is essential to avoiding such issues. #### **Common Challenges Trustees Face** Even the most well-intentioned trustees can face challenges that complicate their role. These include: - **Beneficiary Disputes:** If beneficiaries feel they are being treated unfairly, conflicts may arise. This is especially common when the trustee is also a beneficiary, such as a sibling managing a family trust. Clear communication can help prevent these issues. - **Complex Asset Management:** Trustees may be responsible for managing significant or diverse assets, including real estate, investments, and personal property. Proper financial management skills are critical. - **Legal and Administrative Requirements:** Trustees must comply with state laws, including notifications and deadlines. Failure to do so can lead to legal disputes and penalties. #### **How Can Trustees Avoid Liability?** Trustees can protect themselves by adhering to best practices and seeking professional guidance. Key steps include: - **Communicating Clearly:** Keeping beneficiaries informed and addressing their concerns can prevent misunderstandings and conflicts. - **Documenting Decisions:** Maintaining thorough records of financial transactions and administrative actions can demonstrate that the trustee acted responsibly. - **Consulting Professionals:** Trustees should seek legal and financial advice when managing complex trusts or dealing with disputes. #### **Frequently Asked Questions About Trustees** 1. **What happens if a trustee breaches their fiduciary duty? If a trustee mismanaged trust assets or fails to fulfill their obligations, beneficiaries can take legal action. This may include seeking financial restitution or requesting the trustee’s removal. 2. **Can a trustee also be a beneficiary? Yes, but this can create conflicts of interest. Trustees in this position must be particularly diligent about communicating with other beneficiaries and ensuring transparency. 3. **What if the trustee cannot fulfill their duties? If a trustee is unable or unwilling to serve, the trust agreement may specify a successor trustee. If no successor is named, the court can appoint one. 4. **How can I ensure my trustee will act responsibly? Choosing a trustworthy and capable individual—or a professional trustee—can minimize risks. It’s also important to clearly outline the trustee’s responsibilities in the trust agreement. #### **Protecting Your Trust and Your Beneficiaries** A well-chosen trustee is the cornerstone of effective trust administration. By selecting someone who understands their legal responsibilities and values clear communication, you can ensure that your trust’s purpose is fulfilled. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [10 Estate Planning Mistakes You Need to Watch Out For](https://www.keytlaw.com/10-estate-planning-mistakes-you-need-to-watch-out-for/) **Published:** August 27, 2024 **Author:** Richard Keyt **Content:** Estate planning is often viewed as a task for the distant future, but it is one of the most important steps you can take to secure your family's financial well-being today, while you still have time. When it comes to estate planning, you don’t want any of your loved ones to suffer as a result of something you did wrong. Unfortunately, many people make critical mistakes during the estate planning process. This article takes a look at ten estate planning mistakes that people commonly make and ways to help you avoid them. With thoughtful and thorough consideration, along with some experienced guidance, you can ensure that you create an estate plan that is guaranteed to carry out your wishes and safeguard your loved ones the way you intended. Let’s get started! 1. **Starting Too Late** *Why this is a mistake*: Delaying your estate plan puts your loved ones at risk. If you wait until health issues make it hard to make clear choices, or if you wait too long and are simply unable to complete them, you might die or become incapacitated without having prepared your estate for your loved ones’ benefit. *How to avoid it:* Get started early in your estate planning, even if you are still young and healthy or haven’t yet accumulated all the wealth you plan to leave to your heirs someday. Your basic plan can be modified as your situation changes, whether through marriage, the birth of a child, or other financial shifts. 2. **Failing to Create a Will** *Why this is a mistake:* Without a will, your property would pass by [intestate succession](https://www.keytlaw.com/ep-intestate-succession/) according to the laws of the state, which may or may not conform to what you wanted to happen. This can lead to delays, probate issues, and quarrels among heirs. *How to avoid it:* Create a legal will at the earliest possible opportunity and update it frequently as major life events, such as marriage, divorce or the birth of children, occur. 3. **Not Updating Estate Planning Documents Regularly** *Why this is a mistake:* Outdated paperwork can unexpectedly lead to outcomes you wouldn’t have wanted—perhaps leaving an asset to a deceased beneficiary or a now ex-spouse. Your assets might be at risk if asset protections are revoked by the law. *How to avoid it:* It is advisable to review your estate plan every few years and whenever your life circumstances change substantially so that your wishes are carried out and your plan complies with the law. 4. **Not Planning for Disability or Incapacity** *Why this is a mistake:* Failure to plan for disability or incapacity can leave you vulnerable to guardianship proceedings. Without a plan in place, your loved ones might need to go through a lengthy and costly court process in order to obtain legal authority over your affairs. *How to avoid it:* Have a durable power of attorney, health care proxy and living will all in place so you’re clear on whom you want to make these key decisions if you can’t anymore. 5. **Naming the Wrong Trustee or Executor** *Why this is a mistake:* A bad choice of [trustee or executor](https://www.americanbar.org/groups/real_property_trust_estate/resources/estate-planning/guidelines-individual-executors-trustees/) can mean that assets are mismanaged, that the estate takes longer to settle, or that heirs fight over it. The person you choose should be financially sophisticated and have the time to take on the responsibility. *How to avoid it:* Choose someone who is financially knowledgeable, trustworthy, and has the time to handle the responsibilities. Discuss the role with them in advance to ensure they are willing and capable. If necessary, consider hiring a professional to avoid conflicts or mismanagement. 6. **Failing to Fund a Revocable Living Trust** *Why this is a mistake:* Unless the assets are transferred into your trust, they will be probated, and you would be missing the point of setting up the trust in the first place. It will cause delays, cost more, and publicize your estate. *How to avoid it:* Once you have established your [revocable living trust](https://www.keytlaw.com/ep5/), transfer any relevant assets (e.g., real estate, bank accounts, investments) into the trust and periodically review the trust and update it for new assets that you acquire after the trust has been created. 7. **Not Planning for Long-Term Care** *Why this is a mistake*: Long-term care is expensive, and if you don’t plan ahead, you could overwhelm your savings by paying for medical expenses. Losing your assets would put your financial freedom at risk and limit the choices you have about where you receive care. *How to avoid it*: Consider purchasing long-term care insurance or set up a special savings plan to cover potential future care costs. Also look into legal planning options such as Medicaid planning, which can shield your assets from creditors while still ensuring you get the care you need. 8. **Overlooking Digital Assets** *Why this is a mistake:* Think of all your social media, email, bank accounts, intellectual property, computer files, digital photos, cloud storage, etc. If you don’t plan for them, your digital assets could be lost forever, made inaccessible, or abused by others. *How to avoid it:* Make a list of your [digital assets](https://www.fidelity.com/viewpoints/wealth-management/estate-planning-for-digital-assets), together with log-in information, and decide who you want to have access to after your death. Designate a digital executor in your will, and include clear instructions for how you want your digital property handled. 9. **Failing to Communicate the Plan to Heirs** *Why this is a mistake:* If you don’t communicate your wishes to heirs, they can challenge decisions, misunderstand your intent, and cause familial discord and expensive litigation, which means your assets could take longer to distribute than intended, and relationships could be damaged for many years to come. *How to avoid it:* Talk to family members about the content of your planning documents and answer questions to help them understand your rationale—and, more importantly, to manage their expectations. You will save your loved ones from unnecessary disappointment and reduce the chance for contested matters over your estate. Consider including your heirs in the planning process to engage them and make sure that everything is clear. 10. **Taking a “DIY” Approach** *Why this is a mistake:* Using template estate planning documents or advice you find online may mean that you end up trusting the wrong sources, which may be out of date or not customized to your unique situation. DIY’ing your estate plan leaves you vulnerable to mistakes! *How to avoid it:* Estate planning is confusing and multilayered – it is a *legal* process – so it is to your benefit to work with an attorney who can help you create a solid plan that is legally enforceable and in keeping with your wishes. **Selecting the Best Estate Planning Lawyer** Some of the ways an attorney can help are: - **Customized plans:** a lawyer can tailor your estate plan for you and your family, whether it’s a will, trust, advanced directives or all those things. - **Legal know-how:** they make sure your documents are in compliance with your home state laws, and guard you from unnecessarily high taxes and legal challenges. - **Advice on difficult issues:** an attorney can give you advice about more challenging issues, such as charitable giving, passages of business from one generation to the next, and how to provide for beneficiaries with special needs. When conducting your lawyer search, find a dedicated estate planning lawyer, not a one-size-fits-all solution. It is also beneficial to find someone who resides and works in your local community, someone with whom you have a good rapport, and who actively listens to your concerns. Additionally, it is essential to find a lawyer who takes the time to understand your goals for yourself and your family in various circumstances and who instills confidence in the services they offer. Seek out recommendations from others and check online reviews. At [KEYTLaw](https://www.keytlaw.com/), we work hard to fulfill every requirement for a successful estate planning law practice. If you are prepared to initiate your estate plan, we are available to assist you. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Estate Planning --- ### [The Importance of Comprehensive Estate Planning: Protecting Your Loved Ones and Your Legacy](https://www.keytlaw.com/the-importance-of-comprehensive-estate-planning-protecting-your-loved-ones-and-your-legacy/) **Published:** September 16, 2024 **Author:** Richard Keyt **Content:** Estate planning is more than just drafting a will—it's about ensuring that your loved ones and your legacy are protected in the event of your passing. At KEYTLaw, we understand the importance of a well-structured estate plan that covers all aspects of your life, from your financial assets to your healthcare preferences. Here’s what you need to know about comprehensive estate planning and why it’s crucial for your family’s future. #### **What Does a Comprehensive Estate Plan Include?** A complete estate plan should go beyond the basics of a simple will. It should encompass a variety of legal documents that ensure your wishes are respected, even when you are no longer able to communicate them. Here’s a look at the key components of a comprehensive estate plan: 1. **Last Will and Testament** – Your will is the cornerstone of your estate plan. It allows you to specify who will inherit your assets and, if you have minor children, who will be their legal guardian. At KEYTLaw, we prepare what is called a pour-over will, which ensures that any assets not transferred to your trust during your lifetime will be added to your trust upon your death. 2. **Living Trust** – A living trust is another essential element of estate planning, especially if you want to avoid the lengthy and costly probate process. A trust allows your assets to be transferred directly to your beneficiaries without the need for court intervention. At KEYTLaw, we offer different types of trusts depending on your unique situation, including irrevocable trusts for blended families and family trusts for large estates. 3. **Financial Power of Attorney** – What happens if you are unable to manage your financial affairs due to incapacity? A financial power of attorney allows you to designate someone you trust to handle these matters on your behalf. This person can pay your bills, manage your investments, and take care of other financial responsibilities. Without this document, your loved ones may face significant legal hurdles in managing your affairs. 4. **Healthcare Power of Attorney –** A healthcare power of attorney is just as important as a financial one. It allows you to appoint someone to make medical decisions for you if you are unable to do so yourself. This document ensures that your healthcare wishes are respected, even if you cannot communicate them directly to your doctors. 5. **Living Will** – Outlines your preferences for medical treatment in specific scenarios, such as being kept alive by machines when there is no hope of recovery. This document relieves your family members of the emotional burden of making these tough decisions and ensures that your wishes are followed. 6. **HIPAA Authorization** – Federal privacy laws (HIPAA) prevent healthcare providers from sharing your medical information without your consent. A HIPAA authorization allows your designated healthcare agents to access your medical records and communicate with your doctors about your care. 7. **Postmortem Wishes –** While not legally binding, a postmortem wishes document allows you to express your desires regarding your final arrangements. Whether you prefer burial or cremation, want specific music played at your funeral, or wish to have particular scriptures read, this document can provide guidance to your family during a difficult time. 8. **Pet Emergency Card** – Your pets are part of your family, too. A pet emergency card ensures that someone will be notified to care for your pets if you are in an accident or otherwise incapacitated. #### **The Importance of Keeping Your Estate Plan Up to Date** Creating an estate plan is an important step, but it’s equally crucial to keep it up to date. Life changes—such as the birth of a child, marriage, divorce, or the purchase of new assets—may require updates to your documents. At KEYTLaw, we help our clients stay on top of these changes by offering free updates to their estate plan within the first 90 days of signing. Additionally, we send periodic reminders to review your documents and ensure they still reflect your current wishes. **Common Question:** How often should I review my estate plan? We recommend reviewing your estate plan at least once a year, or whenever a significant life event occurs. If you need to make changes, KEYTLaw makes the process easy with an online questionnaire that allows you to update your successor trustees, healthcare agents, or beneficiaries quickly. #### **Why Work with KEYTLaw?** At KEYTLaw, we believe in providing a comprehensive estate planning experience that goes beyond just preparing documents. Here’s what sets us apart: 1. **Thorough Document Preparation** We prepare all the essential documents you need, including wills, trusts, powers of attorney, and more. But we don’t stop there. We also provide detailed instructions for funding your trust, ensuring that your assets are properly transferred to avoid probate. 2. **DocuBank Membership** Every estate plan we create includes a five-year membership in DocuBank, a service that stores your living will, healthcare power of attorney, and HIPAA authorization online. This allows healthcare providers to access these documents 24/7, ensuring your medical wishes are respected no matter where you are. 3. **Organization and Accessibility** When you hire us to prepare your estate plan, you’ll receive a red portfolio containing all your documents, organized behind labeled tabs for easy reference. We also provide digital copies of your documents on a thumb drive, making it simple to share them with trusted individuals. 4. **Ongoing Support** Estate planning isn’t a one-and-done process. That’s why we stay in touch with our clients, sending follow-up emails to remind them of important tasks like transferring assets to their trust or notifying their successor trustees. We also offer a successor trustee manual, which provides clear guidance for your trustee on managing your trust when the time comes. 5. **Pet Protection** If you have pets, we provide a pet emergency card to ensure they are taken care of if something happens to you. This simple yet crucial step offers peace of mind knowing your pets won’t be forgotten. 6. **Free Estate Plan Changes** We offer free changes to your estate planning documents within 90 days of signing. We understand that you may want to make adjustments after you’ve had time to review your plan, and we’re here to help you with those revisions at no extra cost. #### **Taking the First Step** The first step to securing your family’s future is to book a free consultation with KEYTLaw. Whether you prefer an in-office meeting, phone call, or Zoom video conference, we’re here to answer all your questions and help you design an estate plan that fits your unique needs. During this meeting, we’ll get to know you, learn about your family and your concerns, and discuss how we can help protect your loved ones and your legacy. After our consultation, if you choose to hire us, we’ll prepare your documents and schedule a signing appointment. Within a week, you’ll receive your complete estate planning portfolio, including digital copies of all your documents. Protect your most valuable assets—your loved ones. Contact KEYTLaw today to [book your free consultation.](https://www.keytlaw.com) ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Estate Planning --- ### [Trust Disputes 101: Common Issues and How to Handle Them](https://www.keytlaw.com/trust-disputes-101-common-issues-and-how-to-handle-them/) **Published:** September 17, 2024 **Author:** Richard Keyt **Content:** Estate planning is one of the most important steps anyone can take to secure their family’s future. Trusts are a popular tool in [estate planning](https://www.youtube.com/channel/UC0PNSBFyiDJL9pv1doNsScw), used to manage and distribute assets according to a person’s wishes. However, even with the best planning, disputes can arise. Understanding the common types of trust disputes and how to prevent them can help families avoid costly legal battles. In this blog, we’ll explore the most common trust disputes, why they happen, and how you can protect what matters most to you! ### **What Is a Trust?** Before getting into the most common trust disputes, it is important to define what a trust is. A trust is a legal entity created to hold and manage assets for the benefit of specific individuals or organizations (beneficiaries). There are various types of trusts, but generally, they involve three parties: 1. **Grantor**: The person who creates the trust and contributes assets. 2. **Trustee**: The individual or entity responsible for managing the trust assets. 3. **Beneficiaries:** The individuals or entities that benefit from the trust. Trusts are used in estate planning for many reasons, such as avoiding probate, providing for loved ones, and minimizing estate taxes. Because trusts involve money and possessions, sometimes they are the cause of arguments among the above mentioned parties or other parties. Here are some of the most common types of trust disputes and what you should know about each one! ### **Common Trust Disputes** #### **1. Trustee Mismanagement** One of the most common trust disputes occurs when a trustee is accused of mismanaging the trust’s assets (typically by the beneficiaries). Trustees have a [fiduciary duty](https://www.forbes.com/sites/matthewerskine/2023/03/27/what-are-the-duties-of-a-trustee/), meaning they are legally obligated to act in the best interests of the beneficiaries. If a trustee fails to fulfill this duty, beneficiaries may accuse them of: - **Failing to properly invest assets**: Trustees are responsible for investing trust assets prudently. If they make poor decisions or neglect the assets, the trust may lose value. - **Self-dealing**: This occurs when a trustee uses trust assets for their personal gain rather than for the benefit of the beneficiaries. - **Failure to distribute assets**: Trustees must follow the instructions of the trust. If they delay or fail to make distributions as outlined in the trust document, it can lead to disputes. Disputes over trustee mismanagement can become highly contentious, and in some cases, beneficiaries may seek to remove the trustee or file a lawsuit for breach of fiduciary duty. #### **2. Ambiguity in the Trust Document** A well-written trust document is essential for avoiding disputes. Unfortunately, many disputes arise from unclear or [ambiguous language in the trust](https://thefirma.org/files/conference/2022/Hindel-Ambiguous%20Trust%20Language.pdf). If the terms of the trust are vague, beneficiaries and trustees may have differing interpretations of the grantor’s intentions. Common issues include: - **Unclear distribution terms**: If the trust doesn’t specify how or when assets should be distributed, beneficiaries may argue over their fair share. - **Lack of specificity regarding trustee powers**: Trustees need clear instructions on what they can and cannot do with trust assets. If these instructions are vague, disputes over their authority can arise. Ambiguity in a trust can lead to court intervention, where a judge must interpret the grantor’s intent, often resulting in outcomes that may not align with the grantor’s wishes. #### **3. Disputes Between Beneficiaries** Trust disputes often arise between beneficiaries themselves, especially when they have different expectations about their inheritance. Some common causes of tension between beneficiaries include: - **Perceived favoritism**: If one beneficiary feels that another is receiving more favorable treatment (such as larger distributions or control over trust assets), it can lead to conflict. - **Sibling rivalries**: When a trust involves siblings, old family dynamics can resurface, and disagreements over the trust’s management or distribution may escalate. - **Unequal distributions**: Even when the trust specifies unequal distributions, beneficiaries may feel slighted or believe that the trustee is not handling the distributions fairly. Beneficiary disputes can be emotionally charged and may require mediation or legal intervention to resolve. #### **4. Trust Modification or Termination** Another common dispute involves attempts to modify or terminate a trust. The terms of the trust usually cannot be changed after the grantor’s death. However, beneficiaries or trustees may seek to modify the terms of the trust under certain circumstances. Disputes arise when: - **Beneficiaries seek to terminate a trust early**: Some beneficiaries may argue that continuing the trust is unnecessary and request that the trust be terminated so they can receive their assets. Trustees, on the other hand, may argue that the trust’s purpose has not yet been fulfilled. - **Trustees seek to modify terms**: Sometimes trustees may feel that changes to the trust are necessary due to changing circumstances, but beneficiaries may disagree, leading to a legal dispute over whether modifications are allowed. Resolving these disputes typically requires court approval and can result in lengthy legal battles if the parties cannot agree. ### **How to Avoid Common Trust Disputes** While it may be impossible to prevent some trust dispute from occurring – you can’t predict everything! – there are steps that grantors can take to minimize the chances of conflict. #### **1. Draft a Clear, Comprehensive Trust Document** The most effective way to avoid disputes is to ensure that the trust document is clear, detailed, and comprehensive. If you’re creating a trust, you should work with an experienced estate planning lawyer to ensure that all aspects of the trust are carefully considered, including: - Precise instructions for distributing assets - Clear guidelines for trustee powers and responsibilities - A mechanism for resolving disputes (e.g., mediation or arbitration) By addressing potential areas of conflict upfront, you can help reduce the likelihood of future disputes. #### **2. Communicate with Beneficiaries** Grantors can also help prevent disputes by communicating openly with beneficiaries about the terms of the trust. When beneficiaries understand your intentions and the reasons behind certain decisions, they are less likely to challenge the trust after your death. #### **3. Appoint a Professional Trustee** Family dynamics can complicate trust administration. To avoid conflicts of interest and allegations of mismanagement, you may want to consider appointing [a professional trustee,](https://firstbusiness.bank/resource-center/value-of-professional-trustee/) such as a bank or trust company. Professional trustees have experience managing trust assets and are less likely to be influenced by family relationships or emotions. #### **4. Regularly Review the Trust** Circumstances change, and it’s important to review and update the trust regularly to ensure it still reflects your wishes. Life events such as births, deaths, marriages, and changes in financial situations may require updates to the trust to prevent future disputes. ### **How an Estate Planning Lawyer Can Help** If you’re involved in a trust dispute, whether as a beneficiary or trustee, it’s essential to seek legal guidance. An experienced estate planning lawyer can help you navigate the complexities of trust law, protect your rights, and work toward a resolution that honors your intentions. At [KEYTLaw](https://www.keytlaw.com/), we have extensive experience handling trust disputes and helping clients create effective estate plans that minimize conflict. Whether you need assistance with trust administration, trust litigation, or drafting a new trust, our team is here to help. Contact us today to [schedule a free consultation ](https://www.keytlaw.com/contact/)and get the guidance you need to protect your family’s future. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Estate Planning --- ### [Understanding the Power of a Revocable Living Trust: Protecting Your Legacy and Avoiding Probate](https://www.keytlaw.com/understanding-the-power-of-a-revocable-living-trust-protecting-your-legacy-and-avoiding-probate/) **Published:** September 24, 2024 **Author:** Richard Keyt **Content:** When it comes to estate planning, many people believe that drafting a simple will is enough to ensure their assets are passed on to their loved ones. However, relying solely on a will, especially one that requires probate, can lead to complications, delays, and additional expenses. That’s where a revocable living trust comes in. This powerful estate planning tool offers several advantages over a testamentary trust or a will alone. Here's why you should consider a revocable living trust as part of your comprehensive estate plan. #### **What Is a Revocable Living Trust?** A revocable living trust is a legal document that allows you to transfer ownership of your assets into a trust while you are still alive. Unlike a testamentary trust, which is created through a will and only becomes effective after you pass away, a revocable living trust is established and funded during your lifetime. You, as the trust maker, retain control over the trust and can amend or revoke it at any time. The primary benefit of a revocable living trust is that it helps you avoid probate, the court-supervised process of distributing your assets after your death. With a trust in place, your assets can be transferred directly to your beneficiaries without the need for probate, making the process smoother and faster for your loved ones. #### **Avoiding Probate: Why It Matters** Probate can be a lengthy and expensive process, especially in Arizona. It involves filing legal documents, paying court fees, and sometimes even hiring an attorney to navigate the process. In addition, probate is a public proceeding, which means that anyone can access information about your estate, including the value of your assets and who your beneficiaries are. By creating a revocable living trust, you can avoid probate altogether. Your assets will be distributed privately according to the terms of the trust, without the need for court involvement. This not only saves time and money but also helps protect your family’s privacy. **Common Question:** What happens if I don’t have a trust and my estate goes through probate? If your estate goes through probate, the court will oversee the distribution of your assets according to the terms of your will (if you have one) or Arizona’s intestacy laws (if you don’t). This process can take several months, or even years, and can significantly reduce the value of your estate due to legal fees and court costs. A revocable living trust allows your loved ones to avoid this hassle and ensures that your assets are distributed efficiently. #### **Managing Your Assets During Incapacity** One of the often-overlooked benefits of a revocable living trust is its ability to help manage your assets if you become incapacitated. If you are unable to handle your financial affairs due to illness or injury, your successor trustee can step in and manage the trust assets on your behalf. This ensures that your bills are paid, and your financial obligations are met without the need for a court-appointed conservatorship. In contrast, if you only have a will, your loved ones may need to rely on a power of attorney to manage your affairs. However, a power of attorney may not be as effective or as widely accepted as a trust. In some cases, a power of attorney may even be challenged, leading to a lengthy court process. A revocable living trust provides a seamless transition in managing your assets if you are no longer able to do so yourself. #### **Privacy and Control: Keeping Your Affairs Private** Another significant advantage of a revocable living trust is the privacy it provides. Unlike a will, which becomes a public document once it goes through probate, a trust remains private. This means that the details of your estate, including the value of your assets and who will inherit them, are kept confidential. For those who value their privacy, a trust offers a way to ensure that their financial affairs remain private. **Common Question:** Do I need to file my trust with the state? No. A revocable living trust is a private document that does not need to be filed with the state or any court. This allows you to maintain control over your estate plan and keep your affairs out of the public eye. Your successor trustee will administer the trust according to your wishes, without the need for state oversight. #### **Flexibility: Adapting to Life’s Changes** Life is full of changes—births, deaths, marriages, divorces, and other significant events can impact your estate plan. One of the great benefits of a revocable living trust is its flexibility. Because the trust is revocable, you can amend it at any time to reflect changes in your life. For example, if you have a new child or grandchild, you can update your trust to include them as a beneficiary. Similarly, if one of your named trustees passes away, you can appoint a new successor trustee. This flexibility ensures that your estate plan continues to meet your needs as your life evolves. At KEYTLaw, we encourage our clients to review their estate plans regularly and make updates as needed. We also offer follow-up services to remind you to review your trust periodically and make any necessary changes. #### **Trust Administration: What Happens After You Pass Away?** After your death, the trust administration process begins. Your successor trustee will take over the management of the trust and carry out the terms of the trust agreement. This may include paying off any outstanding debts and expenses, filing final tax returns, and distributing the remaining assets to your beneficiaries. In some cases, the trust may call for the creation of sub-trusts, particularly if you have beneficiaries who are minors or who require special care. These sub-trusts allow the trustee to manage the assets on behalf of the beneficiaries until they reach a certain age or until specific conditions are met. For example, the trust might specify that a minor child will receive their inheritance in installments at age 25, 30, and 35, rather than receiving the entire amount at once. **Common Question:** How long does the trust administration process take? The length of the trust administration process can vary depending on the complexity of the estate and the specific terms of the trust. However, it is generally much faster than probate. While probate can take several months to years to complete, trust administration is typically handled within a few weeks to a few months. #### **Taking the First Step: Your Free Consultation** Creating a revocable living trust is a crucial step in protecting your legacy and ensuring that your loved ones are taken care of after you’re gone. At KEYTLaw, we understand that estate planning can be overwhelming, which is why we offer a free initial consultation. During this meeting, we’ll take the time to get to know you, understand your goals, and design a trust that meets your specific needs. Whether you’re just starting your estate planning journey or need to update an existing plan, we’re here to help. Contact KEYTLaw today to [book a free consultation](https://www.keytlaw.com) and take the first step toward securing your family’s future. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Estate Planning --- ### [The Two Key Components of Estate Planning: Protecting Your Future and Your Family's Legacy](https://www.keytlaw.com/the-two-key-components-of-estate-planning-protecting-your-future-and-your-familys-legacy/) **Published:** October 1, 2024 **Author:** Richard Keyt **Content:** Estate planning is often misunderstood as a process that only deals with what happens after you pass away. However, a well-rounded estate plan serves two essential purposes: ensuring that you’re taken care of during your lifetime if you become incapacitated, and making sure your property is distributed according to your wishes after your death. In this blog, we’ll break down the importance of each component and how having a proper plan in place can protect both you and your loved ones. **What Happens If You Become Incapacitated?** One of the most critical, yet often overlooked, aspects of estate planning is ensuring that someone you trust can make decisions on your behalf if you become incapacitated. Imagine you suffer a serious injury, such as a stroke, and are no longer able to make decisions regarding your healthcare or finances. Without the proper legal documents in place, your family could face significant challenges. If you haven’t named a healthcare power of attorney, the court may need to appoint a guardian to make decisions for you. This process, known as guardianship, is not only expensive, but it also involves the court system, lawyers, and doctors. Guardianship proceedings can be stressful for your loved ones during an already difficult time. By creating a healthcare power of attorney as part of your estate plan, you ensure that someone you trust is legally authorized to make decisions on your behalf. This reduces the risk of costly legal battles and allows for a smoother process in the event of your incapacity. **How Does Your Estate Pass to Your Heirs?** The second key component of estate planning involves deciding how your assets will be distributed after your death. Without an estate plan, the state decides who will inherit your property under what’s known as intestate succession. This means that your assets are distributed according to state law, which may not align with your wishes. With a comprehensive estate plan, you can control who inherits your property and how they inherit it. You can designate specific beneficiaries and outline how your assets should be divided. But that’s not all—there’s also the matter of who will ensure that your plan is carried out. In Arizona, if your estate passes through a will, it will likely go through a court process called probate. The court will appoint a personal representative to administer the estate and distribute your assets according to your will. On the other hand, if you create a trust and properly fund it, the person you designate as the successor trustee can administer and distribute the assets privately without going through probate. **What’s the Difference Between a Will and a Trust?** One of the most common questions in estate planning is whether to choose a will or a trust. While both documents serve the purpose of distributing your assets after your death, they have significant differences in how they operate: - **Privacy**: One of the major differences is that a will must go through probate, which is a public legal proceeding. This means that details about your assets and beneficiaries can become public record. If you prefer to keep your financial affairs private, a trust is the better option because it allows your estate to be administered outside of the public eye. - **Cost and Time**: Probate can be a time-consuming and costly process. Court fees, legal fees, and delays can add up, making probate more expensive than administering a trust. By using a trust, your successor trustee can distribute assets more quickly and with fewer legal expenses. - **Control Over Distributions**: With a trust, you can specify exactly how and when your beneficiaries receive their inheritance. For example, you can stipulate that a beneficiary receives their inheritance over time, rather than in one lump sum. This can provide protection for younger beneficiaries or those who may not yet have the financial experience to manage a large inheritance. **How Can a Trust Protect Your Beneficiaries?** One of the most compelling reasons to include a trust in your estate plan is the level of protection it can provide to your beneficiaries. When you leave assets to a beneficiary through a trust, those assets are shielded from many potential risks, such as: - **Divorce**: If your beneficiary goes through a divorce, their inheritance can be protected from being claimed by their ex-spouse. - **Creditor Claims**: Trust assets are also protected from creditors, including debts from lawsuits, bankruptcy, and medical expenses. This ensures that your beneficiary retains the full value of their inheritance, even in challenging circumstances. - **Asset Management**: For beneficiaries who may not be financially savvy, a trust allows you to appoint a trustee who can manage the assets on their behalf, ensuring they are used wisely over time. At KEYTLaw, we recommend creating separate trusts for each beneficiary to ensure maximum protection and flexibility. This not only protects the assets but also gives you peace of mind knowing that your hard-earned wealth will be preserved for the next generation. **Leaving a Legacy Through Comprehensive Estate Planning** Estate planning is about more than just transferring assets. It’s about leaving a legacy for your loved ones, ensuring that your wealth is protected, and that your wishes are honored. Whether you’re setting up dynasty trusts to pass wealth through multiple generations or contributing to charity through specialized trusts, estate planning allows you to shape the future in meaningful ways. Charitable giving can be an integral part of your estate plan, not only benefiting the community but also offering potential tax savings for you and your family. Trusts set up for charitable giving can reduce your taxable estate, allowing you to leave more to both your loved ones and the causes you care about. **Why You Need an Estate Plan** Without an estate plan, your future and your family’s legacy are left to the mercy of the court system and state laws. Estate planning allows you to take control of your future, ensuring that your medical care and finances are managed according to your preferences and that your loved ones are taken care of in the way you envision. At KEYTLaw, we offer free initial consultations to help you get started with your estate planning journey. Whether you need to set up a healthcare power of attorney, establish a trust, or learn more about charitable giving, we’re here to answer all your questions. Protect your future and your family’s legacy—[book a free consultation today.](https://www.keytlaw.com) ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Estate Planning --- ### [Why Forming an LLC is Essential for Protecting Personal and Business Assets](https://www.keytlaw.com/why-forming-an-llc-is-essential-for-protecting-personal-and-business-assets/) **Published:** October 18, 2024 **Author:** Richard Keyt **Content:** Starting a business comes with many risks, but forming an LLC (Limited Liability Company) can provide critical protection for both personal and business assets. For entrepreneurs, understanding the role of an LLC is essential for minimizing liability and ensuring long-term financial security. #### **The Difference Between Sole Proprietorships and LLCs** Many small business owners begin as sole proprietors, where the business and the owner are legally the same entity. This structure is simple, but it leaves personal assets—like your home or savings—vulnerable to business liabilities. If something goes wrong with your business, such as a lawsuit or debt, creditors can go after your personal property to satisfy the claims. On the other hand, an LLC creates a legal distinction between the business and its owner(s). By forming an LLC, the business itself becomes liable for its debts and legal obligations, while the owner's personal assets are protected. This separation is crucial, especially in industries where legal risks are higher. #### **Protecting Personal Assets from Business Risks** One of the main reasons to form an LLC is to shield your personal assets from business-related risks. If your LLC is sued, only the assets owned by the company are at risk—not your personal belongings. For example, if you own a restaurant and a customer files a lawsuit due to an injury on your property, the LLC will be the defendant in the case, not you personally. This protection can make the difference between financial ruin and staying secure through a legal challenge. Additionally, having an LLC can protect your business assets from personal liabilities. For example, if you’re in a car accident that results in a lawsuit, the assets owned by your LLC are generally protected from being seized to satisfy a personal judgment. #### **The Importance of Keeping Business and Personal Finances Separate** While forming an LLC creates a legal barrier between personal and business assets, that protection can be compromised if the owner does not maintain clear separation between the two. This concept is known as “piercing the corporate veil,” and it occurs when an LLC is not treated as a distinct legal entity. If an owner mixes personal and business finances, such as by using the same bank account or paying personal expenses from the LLC, a court could decide that the LLC does not truly exist as a separate entity, exposing personal assets to business liabilities. To avoid this, it’s critical to keep separate bank accounts, maintain detailed financial records, and ensure that all business dealings are conducted through the LLC rather than personally. #### **Tax Flexibility for LLC Owners** One of the benefits that sets LLCs apart from other business structures is the flexibility they offer in terms of taxation. LLC owners can choose how the company will be taxed. By default, single-member LLCs are taxed as sole proprietorships, and multi-member LLCs are taxed as partnerships. However, LLCs also have the option to be taxed as either S corporations or C corporations. This flexibility allows business owners to select the tax structure that best fits their financial situation. For example, an LLC taxed as an S corporation may allow the owner to save on self-employment taxes, while a C corporation structure might offer benefits for retaining earnings within the business. Choosing the right tax structure is a critical decision, and many business owners consult with financial professionals to make the best choice. #### **Choosing the Right State for LLC Formation** Not all states provide the same level of legal protection for LLC owners, and this is an important factor to consider when forming your business. Some states, like Arizona, Nevada, and Wyoming, have more favorable laws for business owners, offering additional protections from creditors. For example, in Arizona, if a business owner is personally sued, the creditors are limited in what they can claim from the LLC. They can only obtain a charging order, which entitles them to distributions from the LLC but not ownership or control over the business itself. In states with less favorable laws, like California, creditors may have the ability to force the sale of your business to satisfy a personal judgment. This makes it crucial to form your LLC in a state that offers strong protections for business owners, particularly if you are concerned about personal liabilities affecting your company. **Secure Your Business and Personal Assets with an LLC** Forming an LLC is one of the most effective ways to protect both personal and business assets. By providing a legal separation between the owner and the business, LLCs reduce the risk of losing personal assets due to business liabilities. Additionally, LLCs offer valuable tax flexibility and can be formed in states that provide even stronger protections for owners. If you’re considering starting a business, forming an LLC should be at the top of your to-do list. Contact us today to [book a free consultation](http://keytlaw.com) and learn more about how an LLC can safeguard your personal and business assets and provide long-term financial security. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Business --- ### [7 Warning Signs of Online Wills and Trusts & Why You Should Avoid Them](https://www.keytlaw.com/7-warning-signs-of-online-wills-and-trusts-why-you-should-avoid-them/) **Published:** October 30, 2024 **Author:** Richard Keyt **Content:** Creating a will or trust is one of the most significant things you can do for your loved ones. With your estate's future at stake, it may be tempting to go the quick-and-easy route by just using an online template. However, like most shortcuts in life, it comes with risks that can lead to unwanted surprises for you and your family. Below, we’ll explore seven key reasons why using online sites and DIY forms for wills and trusts can be a risky decision! ## **1. One Size Does *Not* Fit All** When it comes to estate planning, cookie-cutter solutions simply don’t work. Online forms try to simplify the process with a generic template, but life is rarely so straightforward. - Your family situation might be complex. You may have blended families, dependents with special needs, or estranged relatives. - Personal dynamics often require nuanced decision-making, which online platforms aren't equipped to handle. In contrast, [an experienced estate attorney](https://www.youtube.com/watch?v=I9XHWXzyoPc) takes the time to understand your specific needs, ensuring your documents are drafted with all of your unique circumstances in mind. A successful plan is always tailor-made, not pulled off the virtual shelf. ## **2. Legal Requirements Are Not Always Simple** Different states have different laws, and estate planning is highly jurisdictional. What might be acceptable in one state could be completely invalid in another. DIY will sites generally provide a one-size-fits-all document and often lack updated information regarding: - Changes in state laws - The requirements for signing or witnessing documents - Nuances around specific assets, like property in another state or [digital assets](https://www.fidelity.com/viewpoints/wealth-management/estate-planning-for-digital-assets) Failure to meet just one of these requirements can render your entire will or trust invalid. Having a professional ensures that your documents comply with the latest local laws and meet all formalities—no loopholes, no missed steps. ## **3. Mistakes Can Be Extremely Costly** Unlike a small typo in an email, an error in your estate planning documents can have massive consequences. For instance: - **Ambiguity in language**: Online forms use standard phrases, which can leave room for misinterpretation. What seems clear to you may confuse your beneficiaries or lead to family disputes. - **Missed provisions**: There may be crucial clauses missing from a DIY form that address contingencies, such as what happens if a beneficiary predeceases you or if specific assets are sold before your death. Consider the cost of probate litigation if your family members end up fighting over the wording of a hastily drafted online will. Litigation costs can easily overshadow the modest investment in hiring a professional to get it right the first time. ## **4. Lack of Personalized Advice** A significant part of estate planning isn’t just drafting documents—it's getting personalized advice from someone who understands the legal landscape and has your best interests at heart. With online forms, you miss out on guidance like: - Choosing the right kind of trust based on tax considerations - Crafting clauses that prevent family disputes - Planning for long-term care, asset protection, and charitable giving For example, an online form might tell you to simply name a beneficiary. However, an attorney can provide insight into whether a spendthrift provision might be wise if a beneficiary has financial troubles or if establishing a special needs trust could better protect a loved one with disabilities. ## **5. Family Situations Can Get Messy** Let’s face it—families are complicated. Whether it’s remarriage, sibling rivalry, or estranged relatives, your estate planning needs to be done with care and precision to avoid future conflict. Here’s a scenario: you have children from a previous marriage but also want to ensure your current spouse is well taken care of. Online forms can’t adequately handle these kinds of delicate balancing acts. Instead, they offer binary options—either/or decisions that might not align with what you want. Without the necessary flexibility, your true wishes might not be reflected. An experienced estate attorney will help navigate these emotional waters, offering solutions like [QTIP trusts](https://www.investopedia.com/terms/q/qtip.asp) to provide for a current spouse while ensuring children receive their intended inheritance later on. ## **6. Your Needs Will Change Over Time** Estate planning isn’t a one-time affair. As your [life changes](https://www.wealth.com/resources/articles/when-to-update-estate-plan-comprehensive-guide), so too should your estate plan. Events like marriage, divorce, birth of children, or the acquisition of significant assets necessitate changes to your documents. Online wills are typically static, and platforms often lack the prompts or advice you need when your circumstances evolve. Attorneys, on the other hand, are in it for the long haul. They: - Can help review and update your will or trust periodically - Ensure your documents reflect the latest changes in tax law - Advise on advanced strategies that suit your changing life situation, like setting up a family trust to reduce estate tax burdens A plan that was right for you 10 years ago might be outdated today, and online forms don’t proactively adapt. ## **7. Peace of Mind Is Priceless** Perhaps the most compelling reason to avoid DIY estate planning is the peace of mind that comes from knowing your family is truly protected. Using online tools may save you money upfront, but it often results in documents that are incomplete, incorrect, or unenforceable—leaving a mess for your loved ones to sort out during an already difficult time. Hiring an attorney to craft your will or trust means: - Less stress for your loved ones, who will know that everything is in place and that your wishes are crystal clear. - Protection from disputes: With a carefully drafted document, your family is less likely to argue over vague language or unclear intentions. - Tax optimization: Estate lawyers often find ways to structure your assets so your family pays less in taxes, something a generic form simply won’t do. When all is said and done, a few dollars saved today isn’t worth the heavy burden of uncertainty tomorrow. Peace of mind is an investment that pays dividends, not just for you, but for your family too. ### **Don't Leave Your Legacy to Chance—Trust KEYTLaw** Estate planning is too important to leave to chance—or to a form you filled out in fifteen minutes online. Every family is unique, and every individual's circumstances require a plan that reflects the complexities of their life. At KEYTLaw, we understand those complexities. Let us help you build a will or trust that protects your loved ones and honors your wishes, now and well into the future. Ready to talk about your estate plan? [Contact KEYTLaw today](https://www.keytlaw.com/) for a free consultation. We're here to make sure your family is taken care of—just the way you intend. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Estate Planning --- ### [The Importance of Succession Planning and Operating Agreements for LLC Owners](https://www.keytlaw.com/the-importance-of-succession-planning-and-operating-agreements-for-llc-owners/) **Published:** October 18, 2024 **Author:** Richard Keyt **Content:** Forming an LLC offers critical protections for business owners, but the work doesn’t stop there. To ensure your LLC runs smoothly—and avoids potential conflicts—having a comprehensive operating agreement and a succession plan is essential. These documents safeguard your business from internal disputes and provide clarity in the event of an owner's death or departure. #### **What is an Operating Agreement and Why Is It Important?** An operating agreement is a legally binding document that outlines the rules and structure of the LLC, as well as the rights and responsibilities of each member. Without an operating agreement, the business may fall back on state law to resolve disputes, which may not always align with the owners’ intentions. For example, in Arizona, if an LLC has multiple members but no operating agreement, the state’s default law dictates that all members are equally entitled to profits, losses, and distributions—regardless of the amount of capital each has invested. This can lead to disputes if one member believes they deserve a greater share due to their larger financial contribution. A well-drafted operating agreement can prevent these types of conflicts by clearly defining ownership percentages and decision-making authority. #### **Avoiding Litigation with a Clear Operating Agreement** Disputes between LLC members can arise over various issues, from profit sharing to decision-making power. Without an operating agreement in place, these disagreements could result in costly litigation, as members turn to the courts to resolve disputes. A comprehensive operating agreement helps avoid this by clearly laying out the procedures for resolving conflicts. For instance, it might include provisions for arbitration or mediation, as well as guidelines for handling deadlocks in decision-making. By setting these rules in advance, LLC members can focus on running the business rather than battling each other in court. #### **Succession Planning for LLCs** Succession planning is an often-overlooked but critical aspect of running an LLC. Many business owners pour their heart and soul into building their companies, but they may not have a clear plan for what will happen to the business if they pass away or become incapacitated. Without a succession plan, the business may fall into disarray, leaving family members and co-owners to navigate the complexities of business ownership without a roadmap. A succession plan ensures that your business can continue operating smoothly in the event of your death or incapacity. It typically involves setting up a will or trust that details how ownership will be transferred and who will take over management responsibilities. By planning ahead, you can protect the value of the business and ensure it remains in capable hands. #### **Buy-Sell Agreements for Multi-Member LLCs** For LLCs with multiple owners, a buy-sell agreement is an essential part of succession planning. This agreement outlines the process for transferring ownership interests when a member leaves the business, whether due to retirement, death, or other reasons. Without a buy-sell agreement, disputes can arise between remaining members and the estate of a deceased owner, potentially leading to legal battles that can damage the business. A buy-sell agreement can also specify how the buyout of a departing member’s interest will be funded, whether through life insurance policies or other means. This ensures that the business remains stable and that the remaining owners are not financially overburdened by the buyout. #### **Estate Planning and LLCs** Estate planning plays a crucial role in the long-term success of an LLC. By including provisions for the LLC in your estate plan, you can ensure that your family is protected and that the business avoids probate—a lengthy and expensive legal process. Your estate plan can designate who will take over the management of the LLC and how your ownership interest will be distributed. For multi-member LLCs, estate planning also helps avoid conflicts between the deceased member’s estate and the surviving owners. Without clear instructions, the deceased owner’s family may become involved in business decisions, potentially leading to disagreements and disrupting the business. #### **Piercing the Corporate Veil: A Risk to Avoid** While LLCs provide protection for personal assets, this protection can be compromised if the business is not operated correctly. If personal and business assets are commingled, or if the LLC is not treated as a separate entity, creditors may be able to pierce the corporate veil and go after the owner’s personal assets. To avoid this, it’s essential to keep separate bank accounts, maintain proper accounting records, and follow all corporate formalities. Treating the LLC as a distinct legal entity is key to maintaining its liability protection. #### **Protect Your LLC’s Future with Proper Planning** Protecting your LLC through clear operating agreements and comprehensive succession planning is essential for long-term success. These documents provide clarity in decision-making, avoid conflicts between members, and ensure a smooth transition of ownership in the event of death or incapacity. If you’re ready to safeguard your business for the future, contact us today to [book a free consultation](http://keytlaw.com) and learn more about how we can help. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Business --- ### [Are You Single with a Minor Child? If So, You Need a Plan](https://www.keytlaw.com/single-with-a-minor-child/) **Published:** October 23, 2024 **Author:** Richard Keyt **Content:** You have a minor child who depends on you for their survival, so you need to make sure that they will be cared for if you are ever unable to care for them. By creating an estate plan, you can address your minor child’s care and custody and provide instructions about how your money and property should be used for their care should something happen to you. Care and Custody of Your Child** Creating an estate plan allows you to name someone to care for your minor child if you are unable. A child under the age of majority (eighteen or twenty-one depending on your state law) cannot legally care for themselves (unless they have been emancipated). A guardian must be appointed to take care of the minor child if both parents have passed away or are unable to care for the child. It is important to note that if the other legal parent is still alive, that parent may receive custody of the child. However, you need to have a plan in case there is no other legal parent or the other legal parent cannot care for the child. If you do not choose a guardian, the judge will look to state law to determine the appropriate guardian, who may not be the person that you would have chosen. ***How do you nominate a guardian?*** There are a few different ways to nominate a guardian to care for your child after your death. First, it can be done in a last will and testament (also known as a will). In this document, you can name someone to be your child’s guardian after your death, a person to wind up your affairs (executor or personal representative), and people to receive your money and property, along with any instructions. Similarly, you may use a pour-over will to name a guardian for your child upon your death. A pour-over will also allows you to name your trust as the beneficiary of any money and property that goes through the probate process. Lastly, some states have a separate document that allows you to nominate a guardian for your minor child. Some people prefer the separate document because they can change guardians without having to update their entire will or pour-over will. ***How do you name someone to step in when emergencies arise?*** While an estate plan usually focuses on planning for your death, it is also important to plan for the situation in which you are alive but unable to act or make decisions (called being incapacitated), including naming someone to temporarily care for your child. In addition to delegating your parental authority when you are unable to act, this document can be used if you are traveling and need someone to make decisions for your child. It is important to note that this document is only effective for a short period (six months in some states), and your chosen person cannot agree to certain actions, such as the child’s adoption or marriage. **Rules for Your Child’s Inheritance** ***Who will be in charge?*** A minor child cannot handle their own financial affairs (unless they are emancipated); they need an adult. If you pass away without an estate plan, the other legal parent may be in charge of managing the money and property you have left to your child. If the other legal parent is unable to manage your child’s inheritance, then the court will have to appoint someone. An estate plan allows you to name the person you want to control the money and property. Without an estate plan, the judge can only use state law and the people who appear in court to determine who will manage the inheritance. ***When and how will your child receive their inheritance?*** If you do not have an estate plan, your child’s inheritance will be managed for their benefit until they reach the age of majority, and then it will be given to them outright. Although they will be a legal adult, they may not be prepared for a large influx of money and property. Also, you may have certain things that you want the money to be used for. With a trust, you can draft instructions for exactly how you want the inheritance to be used. You can create a revocable trust or include these instructions in your will (known as a testamentary trust). The important distinction between these two options is that a will has to be filed with the probate court, and the proceedings will be public and overseen by a judge. A properly drafted and funded revocable trust, on the other hand, can be managed without probate, and no documents need to be made public. There are many options available to you when crafting instructions for how your child’s inheritance should be managed and distributed. Your minor child can receive a percentage upon reaching a specific age (e.g., 50 percent at thirty years old and the remainder at fifty years old). You can also structure your child’s trust as an incentive trust to allow the trustee to give your child money only after they meet certain goals (e.g., successfully completing postsecondary education, being sober for one year). Alternatively, you can leave the decision of how and when to give out the funds exclusively up to the trustee’s discretion. This is sometimes referred to as a discretionary trust. Because your child will not be guaranteed a specific amount of money or piece of property, the funds will be better protected from any future creditors or divorcing spouses that your child may have. However, when deciding to use a discretionary trust, it is important to choose your trustee wisely and provide clear guidelines for the trustee to consider. When considering who to select as the trustee of your minor child’s trust, you can choose a family member who knows your child and understands your wishes. If you do not have family that you would like to fill this role, you can look to your close friends. These people may already be a large part of your child’s life and may understand your wishes. Lastly, if you do not have someone who you would want to serve as a trustee, you can hire a professional trustee, though be aware that professional trustees charge for their services. While all trustees are entitled to compensation, a professional trustee may be more expensive and have set fees. Although state law will provide your child with a guardian, someone to manage their inheritance, and a distribution plan for their inheritance, this is the least desirable result. You have the power to design an estate plan that is unique to your child’s circumstances and allows you to choose the most trusted individuals to guide them if you are no longer able to. We would love the opportunity to help you create the best plan for you and your child or to update your existing plan. Call us to schedule an appointment. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Estate Planning --- ### [How an LLC Can Protect Your Business and Personal Assets: What You Need to Know](https://www.keytlaw.com/how-an-llc-can-protect-your-business-and-personal-assets-what-you-need-to-know/) **Published:** October 25, 2024 **Author:** Richard Keyt **Content:** Whether you're just starting a business or have been operating one for years, understanding how to protect your personal assets is crucial. One of the most effective tools for shielding yourself from liability is the limited liability company (LLC). However, while forming an LLC provides a significant layer of protection, that shield can be lost if the LLC is not properly managed. This blog will explain how LLCs work, what the legal concept of “piercing the corporate veil” means, and why you should avoid putting certain assets—like your personal residence—into an LLC. ### **What Is an LLC and Why Is It Important?** A limited liability company, or LLC, is a legal entity designed to separate your personal assets from your business assets. This separation is important because it means that if your business is sued, only the assets owned by the LLC are at risk—not your personal savings, home, or other private assets. Without an LLC, your business would operate as a sole proprietorship, leaving your personal assets fully exposed to creditors in the event of a lawsuit. **Question:** What exactly does the LLC protect? An LLC protects its members by creating a legal distinction between the individual owners (or members) and the business itself. If the LLC is properly managed, only the company's assets are at risk in a lawsuit. This includes things like business accounts, inventory, equipment, and any other property owned by the LLC. Your personal bank accounts, real estate, and investments remain protected. ### **The Risk of Piercing the Corporate Veil** While forming an LLC offers significant protection, that protection can be lost if the LLC is not managed correctly. A legal concept known as “piercing the corporate veil” allows creditors to go after your personal assets if they can prove that you have not kept your personal and business finances separate. **Question:** What does it mean to pierce the corporate veil? Piercing the corporate veil occurs when a court determines that the LLC is not being treated as a distinct legal entity. For example, if you pay personal expenses out of the LLC’s bank account or if you use your personal account to cover business expenses, the court may decide that the LLC is just a “shell” and allow creditors to pursue your personal assets in addition to business assets. **How to Avoid Piercing the Corporate Veil: To maintain the protection offered by your LLC, it's important to follow these guidelines: - **Keep Finances Separate:** Ensure that the LLC has its own bank account and that all business-related income and expenses go through that account. Avoid using personal accounts for business transactions. - **Maintain Accurate Records:** Keep clear, detailed records of all business transactions. This includes bookkeeping, tax filings, and corporate minutes (if applicable). - **Document Meetings:** If your LLC has multiple members, document important decisions and hold regular meetings. Keeping a paper trail of these activities helps demonstrate that your LLC is a legitimate, independent entity. Following these steps can prevent the corporate veil from being pierced and safeguard your personal assets from business-related lawsuits. ### **Why Insurance Is Key for Business Protection** In addition to forming an LLC, having the right insurance policy is crucial for protecting your business. While an LLC shields your personal assets, insurance serves as the first line of defense in a lawsuit. Insurance can cover the costs of legal representation, settlements, and judgments, helping ensure that your business stays financially secure even in challenging situations. **Question:** How does insurance work with an LLC? Insurance adds another layer of protection for your business. If your business is sued, the insurance policy will cover any payouts up to the policy limits before your LLC’s assets come into play. This can save your business from significant financial harm. Without adequate insurance, even if you have an LLC, you may still face large out-of-pocket expenses for legal fees and settlements. Speak with your insurance agent to determine what types of policies make sense for your business. Common options include general liability insurance, professional liability insurance, and product liability insurance. ### **Separating Valuable Business Assets for Extra Protection** Another way to protect your business is by separating valuable assets into their own LLCs. This strategy is particularly important if your business owns valuable property like real estate or intellectual property. By placing these assets into separate LLCs, you reduce the risk of losing them in a lawsuit against your operating business. **Example: If you own a warehouse for your manufacturing business, putting both the warehouse and the operating business in the same LLC can expose the warehouse to liability if the manufacturing company is sued. By creating a separate LLC for the warehouse and leasing it back to the manufacturing company, you protect the real estate from business-related claims. This strategy can be applied to a range of valuable assets, including patents, copyrights, and trademarks. By separating these assets from the operating business, you add another layer of protection, ensuring that a lawsuit against one part of the business doesn’t jeopardize everything. ### **Why You Shouldn't Put Personal Assets in an LLC** One question many people ask is whether they should put their personal residence in an LLC for protection. Generally, the answer is no. Putting your home into an LLC doesn't provide any additional protection and can actually cause you to lose valuable legal benefits, such as the homestead exemption. **Question:** What is the homestead exemption, and why is it important? In Arizona, the homestead exemption protects up to $250,000 of equity in your primary residence if you declare bankruptcy. If you transfer your home into an LLC, you lose this exemption. Additionally, there’s no business purpose for an LLC to own your personal residence, which means the LLC won’t provide any extra protection in the event of a lawsuit. Keeping your personal residence out of the LLC ensures that you retain the legal benefits of homeownership. ### **Protect Your Business and Personal Assets with an LLC** Forming and properly managing an LLC is one of the most effective ways to protect both your personal and business assets. By keeping your business and personal finances separate, securing adequate insurance, and considering additional LLCs for valuable business assets, you can ensure that your wealth is safeguarded from potential lawsuits. At KEYTLaw, we specialize in helping business owners protect their assets through the proper use of LLCs and other legal structures. If you need assistance forming an LLC or ensuring that your business is properly protected, contact us today. We’ll help you understand your options and develop a strategy tailored to your specific needs. [Book a free consultation](https://www.keytlaw.com) now to get started on securing your business and personal assets. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Uncategorized --- ### [Understanding Trusts: A Comprehensive Guide to Protecting Your Assets and Legacy](https://www.keytlaw.com/understanding-trusts-a-comprehensive-guide-to-protecting-your-assets-and-legacy/) **Published:** November 1, 2024 **Author:** Richard Keyt **Content:** Trusts play a crucial role in estate planning, helping individuals protect their assets, provide for loved ones, and ensure that their wealth is managed according to their wishes. Whether you're creating a revocable trust for flexibility during your lifetime or an irrevocable trust for asset protection, understanding the different types of trusts is essential for making informed decisions. At KEYTLaw, we help clients navigate the complexities of trust creation, ensuring that their assets and families are protected. Here, we'll explore the different types of trusts, their purposes, and how they can benefit you. **What Is a Trust?** At its core, a trust is a legal contract between three parties: 1. **Trustmaker**: The person who creates the trust and places assets into it. Also known as the grantor, settlor, or trustor. 2. **Trustee**: The individual or entity responsible for managing the assets placed in the trust. The trustee must act in the best interest of the beneficiary and follow the terms laid out in the trust agreement. 3. **Beneficiary**: The person or entity who benefits from the assets held in the trust. The trustee manages the trust according to the beneficiary's needs and the trustmaker’s instructions. **Revocable vs. Irrevocable Trusts: What’s the Difference?** One of the first decisions you’ll need to make when creating a trust is whether to establish a revocable or irrevocable trust. These two types of trusts serve different purposes and offer varying levels of flexibility and protection. - **Revocable Trust**: A revocable trust can be amended or revoked by the trustmaker during their lifetime. This flexibility makes it a popular choice for estate planning. Often referred to as a living trust or family trust, a revocable trust allows the trustmaker to adjust the terms as their needs or family dynamics change. It’s the most commonly used trust in estate planning due to its adaptability. - **Irrevocable Trust**: Once an irrevocable trust is created and funded, the terms cannot be changed by the trustmaker. Irrevocable trusts are often used for specific purposes, such as asset protection, charitable giving, or tax planning. The rigidity of this type of trust provides strong asset protection from creditors and potential lawsuits. By transferring assets into an irrevocable trust, they are no longer considered part of the trustmaker's personal estate, which can offer significant legal and financial benefits. **Special Needs Trusts: Ensuring Continued Care for Disabled Beneficiaries** A special needs trust is designed to provide financial support to a beneficiary with disabilities without jeopardizing their eligibility for government benefits, such as Medicaid or Supplemental Security Income (SSI). There are two primary types of special needs trusts: - **First-Party Special Needs Trust**: This trust is created by the disabled beneficiary using their own assets, typically through a court proceeding. The funds in the trust are used to cover expenses that are not provided by government benefits, ensuring the beneficiary's quality of life is maintained without disqualifying them from essential support programs. - **Third-Party Special Needs Trust**: In this case, the trust is established by a parent, guardian, or other third party using their own assets. The disabled beneficiary receives financial support through the trust, which can be used for living expenses and other needs without disqualifying them from benefit programs. This type of trust is an excellent way for families to provide for a disabled child or relative long-term. **Asset Protection Trusts: Shielding Your Wealth from Creditor Claims** Trusts are also effective tools for asset protection. By transferring assets into certain types of trusts, you can shield them from potential creditors, lawsuits, or even divorce settlements. However, the extent of protection depends on the type of trust and where it’s created. - **Self-Settled Trusts**: A self-settled trust is one in which the trustmaker places their own assets into the trust while retaining some control over them. While some states, such as Nevada and South Dakota, allow the creation of self-settled domestic asset protection trusts (DAPTs), Arizona law does not permit this. In Arizona, a trustmaker cannot establish a self-settled trust with the intent to shield their assets from creditors. - **Third-Party Irrevocable Trusts**: In contrast, a third-party irrevocable trust can be an effective asset protection tool. This type of trust is established by a trustmaker for the benefit of someone else, such as a child or relative. Once the assets are transferred into the irrevocable trust, they are protected from both the trustmaker's and the beneficiary’s creditors. This can be particularly useful if the beneficiary has potential financial risks, such as substance abuse problems or financial irresponsibility. **Charitable Trusts: Giving Back While Reaping Tax Benefits** If charitable giving is an important part of your legacy, a charitable trust can help you support causes you care about while offering potential tax benefits. Charitable trusts allow you to direct assets to a specific organization or cause, either during your lifetime or after your death. By placing assets in a charitable trust, you may also reduce your estate taxes, benefiting both you and your chosen charity. There are several types of charitable trusts, each tailored to different goals and financial circumstances. For example, a **charitable remainder trust** allows the trustmaker to receive an income stream for a set period, after which the remaining assets are distributed to the chosen charity. These trusts offer both philanthropic and financial advantages, making them a popular option for individuals with charitable intent. **Choosing the Right Trust for Your Needs** Determining which type of trust is right for you depends on your specific goals, financial situation, and the needs of your beneficiaries. Whether you’re looking to protect assets, provide for a loved one with special needs, or give to charity, there’s a trust that can meet your needs. At KEYTLaw, we understand that every client’s situation is unique. Our experienced attorneys can help you navigate the complexities of trust law and create a plan that protects your assets, provides for your family, and aligns with your goals. If you have questions about trusts or estate planning, don’t hesitate to reach out to us. Give us a call at 480-907-3303, or visit us at [keytlaw.com](https://keytlaw.com/), and we’ll be happy to guide you through the process of choosing the best trust for your situation. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Estate Planning --- ### [What Are Conditional Trusts? How To Use Them To Shape Beneficiaries’ Lives And Build a Bridge to Prosperity](https://www.keytlaw.com/what-are-conditional-trusts-how-to-use-them-to-shape-beneficiaries-lives-and-build-a-bridge-to-prosperity/) **Published:** August 22, 2024 **Author:** Richard Keyt **Content:** When it comes to passing on your wealth to your heirs, there is more to consider than just who gets what. As a parent, your job is never really done. Even after you are gone, you want to make sure that your children and grandchildren are financially secure but also financially responsible. You need to consider what your heirs will do with your wealth once you are gone. Will they waste it or put it to good use? Will they be able to take on the responsibility of managing wealth? Since everyone is different and situations are always changing, it is impossible to know what will happen in the future. However, there are measures you can take now to guarantee responsible management of your wealth whenever the time comes. After all, you worked hard to accumulate your wealth, and you want it to have a positive impact on your family. In order to accomplish this, an increasing number of people are creating what is referred to as a [spendthrift trust](https://www.nerdwallet.com/article/investing/estate-planning/spendthrift-trust), also known as a conditional or incentive trust, that permits requirements to be fulfilled before any distributions to beneficiaries are made. Typically, these trusts are set up to benefit adult children, as they are the ones most likely to need the protection that these trusts offer. When a person reaches adulthood, they have tipped their hand, so to speak, about whether they are trustworthy or untrustworthy when it comes to handling money. As a caring parent, it is important to safeguard your wealth from being used to support behaviors that go against your beliefs or could potentially harm your children in the future. Establishing a conditional trust will allow you to direct the management of your assets, hold your heirs responsible for their use and management, and, if all goes as planned, improve the quality of their lives. **Why It Makes Sense to Incentivize Your Inheritance** Conditional inheritance trusts are primarily designed to provide your family with the wealth you have entrusted to them while, at the same time, holding them accountable for their behaviors. The trust can be used to support your heirs in organizing their lives and allocating their inheritance in a manner consistent with your principles and your dreams for them. Both donors and beneficiaries gain from these types of incentivized trusts. By inspiring their children to pursue academic or career goals, parents can have a significant impact on their success. For beneficiaries, this outside incentive encourages growth and responsible behavior that can positively impact their lives in more than simply financial ways. Although conditional trusts come in a variety of forms, they generally aim to address one or more of the following goals: - ****Encourage Growth**** Conditional inheritance allows donors to leave more than just money. It pushes recipients to pursue a certain path of growth or “nurture” (schooling, volunteering, philanthropy, etc.) they might not have had the resources, interest, or aptitude for. This may push them to engage in activities they might not have otherwise pursued, including getting an advanced degree or even starting a business. - ******Discourage Frivolous Spending****** The creation of a trust can allay worries about your child's ability to manage large sums of money by ensuring the money is handled responsibly. To do this, a portion of the inheritance can be withheld, and smaller amounts can be paid out periodically, such as once a year or once every five years. Stipulations can also be made about how, or on what, the money can be spent. - ****Promote Charitable Giving**** This conditionality allows the testator to design a flexible inheritance plan that matches their intentions and values. This approach encourages the utilization of trusts to incentivize beneficiaries to engage in activities that contribute to the improvement of society, rather than solely concentrating on accumulating wealth for personal gain. - ****Prevent Poor Decision-Making**** There are those who believe that conditional trusts place too many limitations on them and hinder their ability to make decisions freely. The fact is that everyone should be held accountable for their actions, and bad behavior should never be rewarded. A child heir has the freedom to disregard trust terms and make their own decisions, but they shouldn’t expect to be rewarded for poor behavior. **Examples of Conditional Inheritance Clauses** The conditions attached to incentivized inheritance can vary greatly, reflecting the unique values and priorities of the benefactor. Here are some of the common terms that could be associated with the incentivized transfer of wealth: 1. **Education-based condition**: Beneficiaries must attain a certain level of education, such as an undergraduate degree or professional certification, before receiving their inheritance. This condition is often used to encourage beneficiaries to acquire valuable skills and knowledge that will benefit them in the long run, as well as to demonstrate the value of education in the eyes of the benefactor. 2. **Sobriety conditions**: If alcohol or drug addiction is an issue you want your beneficiaries to address, you can require them to maintain sobriety for a specific period to receive their inheritance. They might finally get the treatment they need. This may include attending [Alcoholics Anonymous](https://www.aa.org/) meetings, going to therapy, or providing evidence of abstinence from alcohol or drugs for a set period of time. 3. **Entrepreneurial conditions:** Testators who value entrepreneurship and innovation can make gifts contingent on beneficiaries starting a business or otherwise following an entrepreneurial path. This condition has the potential to greatly benefit recipients by inspiring them to be bolder in their career choices and more open to new ideas. 4. **Conditions of employment:** Testators may require beneficiaries to work for a certain amount of time before receiving their inheritance in an effort to teach them values related to work ethic, financial independence, and dependability. 5. **Conditions for charitable gifts:** A testator has the option to require a charitable donation as a condition for receiving an inheritance. The testator may designate [a charity or organization](https://www.charitynavigator.org/), or they may permit the beneficiary to designate a different charity. 6. **Investment conditions**: Testators can require beneficiaries to invest a specific portion of their inheritance in a certain asset or type of investment for a certain period of time before they receive the inheritance. This condition can be used to teach beneficiaries to invest and learn the basics of financial management. 7. **Health and fitness conditions**: This condition can be used to require beneficiaries to remain in good health or to maintain a certain level of fitness to receive the inheritance. This condition can be used to instill a healthy lifestyle, promote physical activity, and encourage beneficiaries to take care of themselves. **And more!** **Creating an Inheritance Strategy with Conditions** It is important to make your intentions known and the conditions clear from the outset. By doing so, you can communicate your intentions and expectations to your beneficiaries and ensure that they understand your wishes and how they will be carried out. This will help to prevent any disputes or misunderstandings. Moreover, your wishes will be implemented more effectively if the person you select as your executor or trustee fully understands the conditions of the trust and your expectations. The executor or trustee should be someone you can trust to carry out your wishes and manage the inheritance properly. Your wishes should only be fulfilled by someone who knows you well enough to understand your desires. It is also important to ensure that your executor has no vested interest in your estate. Otherwise, it could create a significant temptation for them to act improperly. This objection applies to any friend or relative who has a vested interest, as well as to professionals, whose involvement may have an impact on their livelihood. **Potential Challenges to Conditional Inheritance Clauses** Even though conditional inheritance is an effective tool for rewarding or encouraging wise decision-making, there is always a chance that it could lead to resentment, disagreement and even litigation. Here are just some of the potential challenges that might arise from conditional inheritance provisions, of which you should be aware: - **Interpretation:** The lack of clarity in the wording used to specify requirements can lead to disagreements among beneficiaries or between beneficiaries and executors. Using precise language is crucial to minimize the chances of any discrepancies that may result in potential legal disputes. - **Enforcement:** Whether your conditional bequests are upheld depends on state law and the particular circumstances. A court might decide, for example, that certain requirements are excessively intrusive or contrary to public policy. It is advisable to consult with a legal professional to ensure the enforceability of your provisions. - **Unforeseen Circumstances:** Things can happen unexpectedly, and a beneficiary may be unable to fulfill the conditions due to circumstances outside their control. Being prepared for the unexpected can help prevent future conflicts by having backup plans or contingencies in place. Because setting up conditions for inheritance can be tricky, it is recommended to seek legal advice to ensure that all legal requirements and considerations are complied with. To avoid potential complications and lawsuits in the future, it is better to play it safe and seek professional guidance so that the succession can continue without any issues. **Contact KEYTLaw for All Your Estate Planning Needs** Even with the most careful planning, unexpected events can disrupt your efforts to establish safeguards and ensure a secure future for your loved ones. Nevertheless, you can lessen the effects of these problems if you hire an experienced estate planning lawyer who knows the laws that apply to your situation and can create a legally binding and mutually beneficial contingent inheritance plan. If you already have a plan in mind but need assistance putting it into action or simply need some estate planning legal advice, give our team at[ KEYTLaw](https://www.keytlaw.com/) a call. We would be happy to talk with you about our services and help support you in achieving your estate planning goals. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Estate Planning --- ### [Protecting Your Children's Future: Essential Estate Planning for Parents of Minor Children](https://www.keytlaw.com/protecting-your-childrens-future-essential-estate-planning-for-parents-of-minor-children/) **Published:** August 23, 2024 **Author:** Richard Keyt **Content:** When you're a parent, your primary concern is ensuring the safety and well-being of your children. For parents of minor children—those under 18 years old—this responsibility includes [planning for unforeseen circumstances](https://www.keytlaw.com/ep-contents/), such as the untimely death of both parents. At KEYTLaw, LLC, a Scottsdale-based estate planning and LLC formation law firm, we understand the complexities and emotional weight of these decisions. With over 50 years of combined experience, Richard Keyt (Rick) and his son, former CPA Richard C. Keyt (Ricky), are here to guide you through the estate planning process, helping you protect your most valuable assets: your loved ones. ## **The Importance of Naming Guardians and Conservators** ### **What Happens If You Don't Have a Plan?** One of the most critical aspects of estate planning for parents of minor children is designating guardians and conservators. If you and your spouse pass away without a will or other legal documents in place, the state will decide who will care for your children and manage their assets. This can lead to unwanted outcomes and added stress for your family during an already difficult time. The court's choice may not align with your preferences, especially regarding who will raise your children and how their inheritance will be handled. ### **Guardianship: Choosing Who Raises Your Children** A guardian is a person you designate in your will to care for your children if you die. This individual will make day-to-day decisions for your children, including those related to education, health, and general welfare. It's essential to choose someone who shares your values and whom you trust to raise your children in your absence. You can also name alternate guardians in case your first choice is unable or unwilling to serve. Selecting a guardian involves considering various factors, such as the potential guardian's lifestyle, religious beliefs, location, and relationship with your children. You should also consider the guardian's willingness to take on this responsibility and whether they have the financial stability to support your children. Discussing your decision with the potential guardian ahead of time is crucial to ensure they are comfortable with the role. ### **Conservatorship: Managing Your Children's Inheritance** While a guardian cares for your children's well-being, a conservator manages their financial assets. If minor children inherit assets, they legally cannot own or control these assets. A conservator is appointed to manage the assets until the children reach adulthood. Without a designated conservator, a court will appoint one, which can result in someone you wouldn't have chosen managing your children's inheritance. The conservator's role is crucial because they are responsible for investing and preserving the child's assets. They must act in the child's best interests and can be held legally accountable for any mismanagement. Therefore, choosing a trustworthy and financially savvy individual as a conservator is essential. In some cases, the same person may serve as both guardian and conservator, but this depends on the individual's skills and the specific needs of your children. ## **The Role of Trusts in Protecting Your Children's Assets** ### **Why a Trust Is Essential** In addition to naming guardians and conservators, creating a trust is a crucial step in protecting your children's financial future. A trust allows you to specify how and when your children's inheritance will be distributed. It also provides protection from creditors, ex-spouses, and bankruptcy. By placing assets in a trust, you ensure that your children's inheritance is managed according to your wishes and not left to chance. ### **Types of Trusts: Revocable and Irrevocable** There are different types of trusts to consider, depending on your needs. A revocable living trust allows you to retain control over the assets during your lifetime and can be altered as circumstances change. This type of trust is flexible and can be modified or revoked entirely if your situation or preferences change. An irrevocable trust, on the other hand, provides more substantial asset protection but cannot be modified once established. Once assets are placed in an irrevocable trust, they are no longer considered part of your estate, which can be beneficial for tax purposes and asset protection. However, the lack of flexibility means you must carefully consider the terms and conditions before establishing this type of trust. ### **The Advantages of Using a Trust** A trust offers several benefits, including: - **Asset Protection**: Assets in a trust are protected from your child's creditors, ex-spouses, and bankruptcy courts. This means that if your child encounters financial difficulties, the assets in the trust are safeguarded. - **Control Over Distribution**: You can set conditions for when and how your children will receive their inheritance, such as reaching a certain age or achieving specific milestones. This control helps ensure that your children receive their inheritance when they are mature enough to manage it responsibly. - **Avoiding Probate**: Trust assets can be transferred to beneficiaries without going through probate, saving time and legal fees. Probate can be a lengthy and costly process, and avoiding it ensures a smoother transition of assets to your beneficiaries. ## **Essential Legal Documents for Your Children** ### **Health Care Power of Attorney** Even if your children are adults, having a health care power of attorney is crucial. This document allows a designated individual to make medical decisions on their behalf if they cannot do so themselves. For young children, this can mean ensuring a parent has the authority to make critical medical decisions. A health care power of attorney is particularly important in emergencies where timely medical decisions are needed. It ensures that someone you trust has the authority to make decisions about treatments, surgeries, and other medical interventions. This document can prevent delays in receiving care and ensure that your child's medical treatment aligns with your wishes. ### **Financial Power of Attorney** A financial power of attorney gives a designated person the authority to manage your children's financial affairs if they become incapacitated. This can include paying bills, managing bank accounts, and handling investments. It ensures that your children's financial matters are managed smoothly in case of illness or injury. Like a health care power of attorney, a financial power of attorney can be crucial during emergencies. It allows a trusted individual to handle financial transactions, ensuring that bills are paid, and investments are managed properly. This document is an essential part of a comprehensive estate plan, providing peace of mind that your child's financial affairs are in good hands. ### **Living Will and HIPAA Authorization** A living will outlines your wishes regarding medical treatment in situations where you cannot communicate your decisions. This document can specify your preferences for life-sustaining treatments, resuscitation, and other critical medical interventions. It helps ensure that your medical care aligns with your values and wishes. A HIPAA authorization allows healthcare providers to share medical information with the designated individuals, ensuring that your child's medical care is managed according to your wishes. This document is particularly important because, without it, healthcare providers may be unable to disclose medical information to your designated representative due to privacy laws. ## **The Family Behind KEYTLaw, LLC** At KEYTLaw, LLC, we're not just estate planning attorneys; we're a family business dedicated to helping other families. Rick Keyt and his son Ricky have over 50 years of combined experience and have prepared more than 630 estate plans and formed over 9,200 LLCs. Our firm has received 362 five-star reviews across Google, Facebook, and Birdeye, reflecting our commitment to providing exceptional service and peace of mind to our clients. Our approach to estate planning is client-centered and personalized. We understand that every family is unique, and we tailor our services to meet your specific needs and goals. Whether you're planning for minor children, adult children, or grandchildren, we work closely with you to create a comprehensive estate plan that protects your assets and ensures your wishes are honored. ## **Book Your Free Consultation Today** Estate planning is an essential step in securing your children's future and protecting your assets. At KEYTLaw, LLC, we're here to help you navigate this process with compassion and expertise. Whether you're looking to create a will, set up a trust, or simply get answers to your questions, we're here to assist you. Don't leave your children's future to chance. [**Book a free consultation**](https://www.keytlaw.com/calendar/) with us today—whether in our office, over the phone, or via Zoom—and take the first step in protecting your family's future. Visit our online calendar to schedule your appointment and start designing your custom estate plan today. Your family's security and peace of mind are just a consultation away! ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Estate Planning --- ### [LLC vs. Other Business Structures: Which One Should You Choose?](https://www.keytlaw.com/llc-vs-other-business-structures-which-one-should-you-choose/) **Published:** May 29, 2025 **Author:** Richard Keyt **Content:** Choosing the right business structure impacts your liability, taxes, and growth. LLCs offer a great balance of protection and flexibility for most Arizona businesses. Understanding how LLCs compare to sole proprietorships, partnerships, and corporations helps you make the best choice. KEYTLaw is here to guide you every step of the way! Key Takeaways LLCs provide personal liability protection with flexible tax and management options, making them ideal for most Arizona small businesses. Sole proprietorships and partnerships offer simplicity but come with higher personal risk. Corporations suit businesses aiming for significant growth or investment but involve more complexity and formalities. Starting a business is exciting, but one of the biggest decisions you’ll face right out of the gate is choosing your business structure. This choice affects how you pay taxes, your personal liability, management rules, and even your ability to raise capital. In Arizona, many entrepreneurs weigh the benefits of a Limited Liability Company (LLC) against other common structures like sole proprietorships, partnerships, and corporations. At KEYTLaw, we focus on helping Arizona business owners navigate this crucial choice with clear legal advice tailored to your goals. Let’s break down the pros and cons of LLCs compared to other business forms so you can pick the right structure for your business. What Is an LLC? A Limited Liability Company, or LLC, blends the liability protection of a corporation with the tax flexibility and management ease of a partnership or sole proprietorship. It protects your personal assets from business debts and lawsuits, while letting profits pass through to your personal tax return—unless you opt for corporate taxation. LLCs have become the go-to structure for many Arizona small and mid-sized businesses because they strike a balance between protection and simplicity. Choose Your Business Structure: Meet the Contenders To help you get a clear picture, here are the main business structures in Arizona, introduced like characters with their unique strengths and weaknesses: The LLC: The Balanced Protector Shields your personal assets from business debts and lawsuits. Offers flexible management—run it your way without corporate hassle. Passes income through to your personal tax return unless you choose otherwise. Great for Arizona entrepreneurs wanting liability protection with tax simplicity. The Sole Proprietorship: The Solo Adventurer Fast and easy to launch—no formal filings needed beyond local permits. You’re the sole decision-maker, controlling every move. But you’re personally liable for all business debts, putting your assets at risk. Best for low-risk ventures or side hustles testing the waters. The Partnership: The Dynamic Duo (or Team) Brings shared expertise and resources. Income flows through to partners’ personal taxes—no corporate tax headaches. Each partner is liable for the business and for the actions of the other(s), so trust is crucial. Works well if you have a trusted partner and a clear agreement in place. The Corporation: The Big League Player Provides strong personal liability protection and boosts credibility. Can raise capital by selling stock, ideal for businesses planning to scale. Involves more paperwork, formal governance, and potential double taxation unless structured as an S-Corp. Best for businesses aiming for big growth or outside investors. Which Business Structure Matches Your Business Style? Ask yourself: Do you want to keep things simple and be the sole boss? You might be the Solo Adventurer—a Sole Proprietorship. Are you teaming up with others and ready to share risks and rewards? You fit with the Dynamic Duo—a Partnership. Do you want personal liability protection but don’t want complex corporate rules? The Balanced Protector—the LLC—is your best match. Are you aiming to attract investors and grow big, even going public someday? The Big League Player—a Corporation—is built for that. Breaking Down the Pros and Cons Sole Proprietorship Pros: Easy and inexpensive to set up—no need to file with the state. Complete control over decisions and business direction. Taxes are simple since income is reported on your personal return. Cons: You have unlimited personal liability for debts and lawsuits. Harder to raise outside capital. Business ends if you stop working or sell. In Arizona, sole proprietorships suit freelancers or small ventures with low risk, but personal exposure to liability is a significant downside. Partnership Pros: Easy to form, especially with a solid partnership agreement. Shared management responsibilities and resources. Pass-through taxation avoids corporate tax. Cons: Partners share unlimited liability, including for others’ actions. Potential for conflicts if roles and profits aren’t clearly defined. Partnerships can be great for trusted collaborators, but personal risk is still high without an LLC. Corporation Pros: Strong liability protection for shareholders. Easier to raise capital by issuing stock. Business has perpetual existence regardless of ownership changes. Cons: More complex and costly to form and maintain. Subject to double taxation (profits taxed at the corporate level and dividends taxed personally), unless electing S-Corp status. Formal management structures are required, including boards and meetings. Corporations fit businesses with big growth ambitions or plans to bring in outside investors. LLC Pros: Protects your personal assets from business liabilities. Flexible tax treatment: default pass-through or option for corporate taxation. Less formal management than corporations—no required board meetings. Builds credibility without heavy administrative burdens. Cons: Requires filing Articles of Organization and ongoing compliance with Arizona laws. Annual fees and reports must be maintained. LLCs strike the ideal balance for most Arizona business owners who want protection without corporate complexity. Why Choose an LLC in Arizona? Arizona law makes LLC formation straightforward, with reasonable fees and clear guidelines. KEYTLaw helps you: File your Articles of Organization properly with the Arizona Corporation Commission. Draft a customized operating agreement defining member roles and ownership. Maintain compliance with state annual reporting and tax requirements. With an LLC, you get liability protection that shields your personal assets, flexible tax options that can save money, and simpler management rules that let you focus on growing your business. Why Choose KEYTLaw for Arizona LLC Formation? At KEYTLaw, Arizona business owners get clear, practical legal advice tailored to their needs. Richard Keyt and his son, former CPA Richard C. Keyt, have formed over 9,500 Arizona LLCs—fast, affordable, and with same-day state approval. With hundreds of five-star reviews across Google, Facebook, and BirdEye, we’re trusted by entrepreneurs statewide. Beyond formation, we prepare custom operating agreements to protect your business and offer advanced privacy packages, including trusts that keep your name off public records and simplify asset transfers. Ready to launch your Arizona LLC with confidence? Contact KEYTLaw today for a free consultation and get your business set up the right way—quickly, accurately, and without hassle. **Choosing the right business structure impacts your liability, taxes, and growth. LLCs offer a great balance of protection and flexibility for most Arizona businesses. Understanding how LLCs compare to sole proprietorships, partnerships, and corporations helps you make the best choice. KEYTLaw is here to guide you every step of the way!** ### **Key Takeaways** - **LLCs provide personal liability protection with flexible tax and management options, making them ideal for most Arizona small businesses.** - **Sole proprietorships and partnerships offer simplicity but come with higher personal risk.** - **Corporations suit businesses aiming for significant growth or investment but involve more complexity and formalities.** Starting a business is exciting, but one of the biggest decisions you’ll face right out of the gate is choosing your business structure. This choice affects how you pay taxes, your personal liability, management rules, and even your ability to raise capital. In Arizona, many entrepreneurs weigh the benefits of a Limited Liability Company (LLC) against other common structures like sole proprietorships, partnerships, and corporations. At KEYTLaw, we focus on helping Arizona business owners navigate this crucial choice with clear legal advice tailored to your goals. Let’s break down the pros and cons of LLCs compared to other business forms so you can pick the right structure for your business. [![LLC vs. Other Business Structures](https://www.keytlaw.com/wp-content/uploads/2025/05/llc-vs-business.png)](https://www.keytlaw.com/wp-content/uploads/2025/05/llc-vs-business.png) ## **What Is an LLC?** A [Limited Liability Company,](https://www.youtube.com/watch?v=P00qxv751mc) or LLC, blends the liability protection of a corporation with the tax flexibility and management ease of a partnership or sole proprietorship. It protects your personal assets from business debts and lawsuits, while letting profits pass through to your personal tax return—unless you opt for corporate taxation. LLCs have become the go-to structure for many Arizona small and mid-sized businesses because they strike a balance between protection and simplicity. ## **Choose Your Business Structure: Meet the Contenders** To help you get a clear picture, here are the main business structures in Arizona, introduced like characters with their unique strengths and weaknesses: ### The LLC: The Balanced Protector** - Shields your personal assets from business debts and lawsuits. - Offers flexible management—run it your way without corporate hassle. - [Passes income through](https://taxpolicycenter.org/briefing-book/how-are-pass-through-businesses-taxed) to your personal tax return unless you choose otherwise. - Great for Arizona entrepreneurs wanting liability protection with tax simplicity. ### **The Sole Proprietorship: The Solo Adventurer** - Fast and easy to launch—no formal filings needed beyond local permits. - You’re the sole decision-maker, controlling every move. - But you’re personally liable for all business debts, putting your assets at risk. - Best for low-risk ventures or side hustles testing the waters. ### **The Partnership: The Dynamic Duo (or Team)** - Brings shared expertise and resources. - Income flows through to partners’ personal taxes—no corporate tax headaches. - Each partner is liable for the business and for the actions of the other(s), so trust is crucial. - Works well if you have a trusted partner and a clear agreement in place. ### **The Corporation: The Big League Player** - Provides strong personal liability protection and boosts credibility. - Can raise capital by selling stock, ideal for businesses planning to scale. - Involves more paperwork, formal governance, and potential double taxation unless structured as an [S-Corp](https://www.investopedia.com/terms/s/subchapters.asp). - Best for businesses aiming for big growth or outside investors. ## **Which Business Structure Matches Your Business Style?** Ask yourself: - **Do you want to keep things simple and be the sole boss? *You might be the Solo Adventurer—a Sole Proprietorship.* - **Are you teaming up with others and ready to share risks and rewards? *You fit with the Dynamic Duo—a Partnership.* - **Do you want personal liability protection but don’t want complex corporate rules? *The Balanced Protector—the LLC—is your best match.* - **Are you aiming to attract investors and grow big, even going public someday? *The Big League Player—a Corporation—is built for that.* ## **Breaking Down the Pros and Cons** ### **Sole Proprietorship** **Pros:** - Easy and inexpensive to set up—no need to file with the state. - Complete control over decisions and business direction. - Taxes are simple since income is reported on your personal return. **Cons:** - You have unlimited personal liability for debts and lawsuits. - Harder to raise outside capital. Business ends if you stop working or sell. In Arizona, sole proprietorships suit freelancers or small ventures with low risk, but personal exposure to liability is a significant downside. ### **Partnership** **Pros:** - Easy to form, especially with a solid partnership agreement. - Shared management responsibilities and resources. - Pass-through taxation avoids corporate tax. **Cons:** - Partners share unlimited liability, including for others’ actions. - Potential for conflicts if roles and profits aren’t clearly defined. Partnerships can be great for trusted collaborators, but personal risk is still high without an LLC. ### **Corporation** **Pros:** - Strong liability protection for shareholders. - Easier to raise capital by issuing stock. - Business has perpetual existence regardless of ownership changes. **Cons:** - More complex and costly to form and maintain. - Subject to double taxation (profits taxed at the corporate level and dividends taxed personally), unless electing S-Corp status. - Formal management structures are required, including boards and meetings. Corporations fit businesses with big growth ambitions or plans to bring in outside investors. ### **LLC** **Pros:** - Protects your personal assets from business liabilities. - Flexible tax treatment: default pass-through or option for corporate taxation. - Less formal management than corporations—no required board meetings. - Builds credibility without heavy administrative burdens. **Cons:** - Requires filing [Articles of Organization](https://azcc.gov/corporations/forms/llc-forms) and ongoing compliance with Arizona laws. - Annual fees and reports must be maintained. LLCs strike the ideal balance for most Arizona business owners who want protection without corporate complexity. ## **Why Choose an LLC in Arizona?** Arizona law makes LLC formation straightforward, with reasonable fees and clear guidelines. KEYTLaw helps you: - File your Articles of Organization properly with the Arizona Corporation Commission. - Draft a customized operating agreement defining member roles and ownership. - Maintain compliance with state annual reporting and tax requirements. With an LLC, you get liability protection that shields your personal assets, flexible tax options that can save money, and simpler management rules that let you focus on growing your business. ## **Why Choose KEYTLaw for Arizona LLC Formation?** At KEYTLaw, Arizona business owners get clear, practical legal advice tailored to their needs. Richard Keyt and his son, former CPA Richard C. Keyt, have formed over 9,500 Arizona LLCs—fast, affordable, and with same-day state approval. With hundreds of five-star reviews across Google, Facebook, and BirdEye, we’re trusted by entrepreneurs statewide. Beyond formation, we prepare custom operating agreements to protect your business and offer advanced privacy packages, including trusts that keep your name off public records and simplify asset transfers. Ready to launch your Arizona LLC with confidence? [Contact KEYTLaw today](https://www.keytlaw.com/) for a free consultation and get your business set up the right way—quickly, accurately, and without hassle. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Business --- ### [How Estate Planning Helps You Avoid Probate Problems](https://www.keytlaw.com/how-estate-planning-helps-you-avoid-probate-problems/) **Published:** July 9, 2025 **Author:** Richard Keyt **Content:** ## How Estate Planning Helps Your Loved Ones Avoid an Expensive Probate **Arizona probate attorney** and former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472 & rck@keytlaw.com) provides the dedicated legal counsel necessary to streamline the probate process, resolve disputes, and ensure the final wishes of your loved one are honored with precision. Ricky and his father have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar) with Ricky. ## Why Proper Estate Planning is Essential Probate can be a long, complex, and costly process that no one wants to go through, especially during a time of grief. However, without proper estate planning, your family could find themselves dealing with the headaches of probate. The good news is that by putting the right estate planning strategies in place, you can avoid probate problems and ensure your assets are distributed according to your wishes. Many people believe that creating a will or trust is only necessary if you have significant wealth. However, this couldn’t be further from the truth. Estate planning is about much more than just the value of your assets—it’s about ensuring your legacy is passed on smoothly and without unnecessary conflict. Without a well-thought-out estate plan, your family could face prolonged delays, additional legal fees, and a long road to resolving disputes. Estate planning is about more than just protecting your property; it is about securing peace of mind. Many people think that estate planning is something to be done later in life, but the truth is, it is important for anyone with assets, dependents, or any desire to ensure that their affairs are handled according to their wishes. Even if you don’t have millions in the bank, a small estate plan can save your family significant legal and emotional challenges down the line. By planning your estate, you are taking proactive steps to protect both your assets and your loved ones from potential legal issues after you pass away. Whether you choose a will, a living trust, or other strategies, these tools can help eliminate many of the complexities involved in probate. ## Understanding the Role of Probate Probate is the legal process through which a deceased person's assets are distributed. This process begins after someone passes away and involves proving the validity of the will, identifying the deceased’s assets, paying debts, and distributing the remaining assets to the beneficiaries. While this process is necessary, it can be time-consuming and expensive. Probate proceedings vary from state to state, and in Arizona, the process can take months or even years, especially if disputes arise. The longer the process drags on, the higher the legal and administrative costs for your family. By avoiding probate through proper planning, you save your beneficiaries time, money, and frustration. Without a comprehensive estate plan, your estate could be forced into probate, leaving your loved ones with the task of navigating a complex and lengthy court process. Arizona, in particular, is known for a probate system that can be very time-consuming, and this process can be especially challenging if the family is not prepared. The reality is that probate court doesn’t always work in your family’s best interests. This makes estate planning even more critical for preserving family wealth. ## How Planning Helps Avoid Probate Issues The most common way to avoid probate problems is to create a comprehensive estate plan. This can include: - **A Last Will and Testament**: A will specifies how your property should be distributed after you die. It also designates an executor to manage your estate. - **A Trust**: A trust allows you to place your assets into a separate legal entity that is managed by a trustee. This method helps avoid the need for probate and can be useful for ensuring that assets are distributed according to your wishes without court involvement. - **Beneficiary Designations**: Certain assets, like life insurance policies or retirement accounts, allow you to designate beneficiaries. This can help your loved ones receive these assets without going through probate. - **Joint Ownership**: If you own property jointly with someone else, that person can inherit the property without it needing to go through probate. By having these plans in place, you can keep things simple and reduce the chances of your estate being dragged through the court system. For instance, joint ownership can allow your spouse to inherit the property without the need for probate, and using a trust can completely eliminate the probate process for your assets. ## Risks of Dying Without a Will or Trust If you fail to create a will or trust, your estate will go through the process of intestate succession, where the state determines who gets your property. In Arizona, this means your assets could go to relatives you may not have wanted to inherit from you. Worse yet, if family members disagree over the distribution of your estate, it could lead to lengthy legal disputes that drain your estate’s value. Without clear instructions, the state may appoint someone as your personal representative or executor who might not act in the best interests of your estate. This can result in the waste of valuable assets, and it could be difficult to resolve the issues without costly legal intervention. ## How Proper Estate Planning Protects Your Family Beyond avoiding probate, proper estate planning helps prevent family conflict. When there is a clear and legally binding plan in place, your loved ones know what to expect and how to proceed after your passing. This reduces the chances of disputes over who gets what, ensuring that your family can focus on healing rather than arguing over your estate. Estate planning can also provide a strategy for your children's guardianship if something were to happen to you. This can avoid any confusion about who will take care of your children and allow them to be raised by someone who shares your values and beliefs. Additionally, estate planning can help reduce the burden on your family members by designating a trusted person to handle your financial and legal matters. Whether this is a personal representative, trustee, or power of attorney, clear instructions help avoid confusion and delays. ## The Importance of Working with an Estate Planning Lawyer Estate planning can be a complex process, and it’s essential to seek guidance from a qualified estate planning attorney who understands the intricacies of Arizona law. A lawyer can help you create a customized plan based on your specific needs, ensuring that your wishes are honored and your family is protected. Working with a lawyer can also help you understand how different assets are treated in probate and ensure that you are taking full advantage of tax-saving opportunities. Whether you are interested in setting up a trust, naming beneficiaries, or creating a will, legal guidance is critical to ensure that your estate plan is solid. A good estate planning lawyer will explain the various aspects of the law and guide you in creating the right structure for your estate. In Arizona, where probate can be more expensive and time-consuming, an attorney's help is invaluable in making sure your plan is ironclad and your family can avoid unnecessary complications. Proper estate planning is the best way to avoid probate problems and ensure that your family is taken care of after you pass away. By working with an estate planning attorney, you can make informed decisions about how to manage your estate and protect your loved ones from unnecessary stress and financial strain. If you're ready to start planning your estate and avoiding probate problems, contact KEYTLaw for a free consultation. Our team of attorneys is here to help you navigate the estate planning process and create a plan that fits your needs. #### Questions? Book a free meeting, email or call Arizona probate attorney Richard C. Keyt at 480-664-7472. He doesn't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard C. Keyt Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Probate: The Family Stress You Can Avoid With One Simple Step](https://www.keytlaw.com/probate-the-family-stress-you-can-avoid-with-one-simple-step/) **Published:** June 28, 2025 **Author:** Richard Keyt **Content:** ## Probate: The Family Stress You Can Avoid with 1 Simple Step Probate can be a complicated and emotional process for your loved ones, especially when they’re grieving. But proper estate planning can reduce the burden on them, streamline the process, and keep family relationships intact. In this post, we’ll break down how probate impacts families and why planning ahead matters. **Key Takeaways:** - Probate can be lengthy and expensive, which can delay your family’s access to assets. - Without proper planning, probate can lead to disputes and unnecessary stress among family members. - Estate planning allows you to protect your loved ones from unnecessary financial and emotional burdens during an already difficult time. Let’s face it, no one really enjoys thinking about what happens after they’re gone. The idea of planning for death often feels uncomfortable, but it’s also incredibly important, especially when you consider how it impacts the people you love. The probate process can be lengthy, confusing, and emotionally draining, leaving your family members to deal with mountains of paperwork, legal fees, and potential disputes. But here's the good news: [With a little foresight and planning](https://www.youtube.com/watch?v=XEQ-33sYeg8), you can make the entire process much easier on your loved ones. [Probate](https://www.youtube.com/watch?v=15M-Lvl9DsU&t=64s) is one of those things that can sneak up on you. It’s a legal process that takes place after someone passes away, where a court validates the will (if there is one), appoints an executor to administer the estate, and ensures that all debts and taxes are paid before assets are distributed. Unfortunately, without proper estate planning, probate can become a hassle for everyone involved. In this blog, we’ll explore how probate impacts families, the emotional toll it can take, and why estate planning is crucial to make sure your family isn’t left scrambling when it’s your turn to pass. Let’s dive into it. ## How Probate Affects Your Family 1. **It Can Take Time—And Lots of It** The first thing that often comes up in probate is the time factor. Probate isn’t a quick process. Depending on the complexity of the estate, it can take anywhere from a few months to a year or more to complete. If you think about it, that’s a long time to leave your family members in limbo while they wait for access to assets like bank accounts, real estate, or personal property. During this time, your loved ones may find themselves having to deal with bills, debts, and other obligations without being able to access the resources they need. This can create unnecessary financial strain, particularly if the estate isn’t able to cover immediate expenses. Imagine your spouse or children having to wait months or longer just to pay off a mortgage or handle medical bills—it’s a tough spot to put them in. 2. **The Costs Can Add Up** Another big consideration when it comes to probate is the cost. Probate isn’t free. While the exact costs can vary, there are usually court fees, legal fees, and other administrative expenses involved. These costs can quickly add up and eat away at the assets in the estate, leaving less for your loved ones to inherit. The [executor of the estate](https://www.nolo.com/legal-encyclopedia/what-does-executor-do-30236.html) may need to hire attorneys, accountants, or other professionals to help navigate the probate process, and these professionals usually charge by the hour. The longer the process drags on, the higher the cost. It’s a financial burden that can easily be avoided or reduced with some advanced planning. 3. **Family Disputes Can Arise** Here’s where probate can get even messier: family disputes. When there’s a will in place, the court’s job is to make sure that will is followed—but that doesn’t mean everyone is going to be happy with what’s in it. Probate can bring up old resentments, create jealousy, and ignite arguments over inheritance. For example, siblings may dispute who gets the family home or whether certain possessions, like heirlooms, should go to one person or another. If there isn’t clear direction in your will about how to divide your assets, these disagreements can escalate into serious family feuds that could last for years. ## Why Estate Planning Makes All the Difference 1. **You Control the Process** The most powerful thing about estate planning is that it gives you control. It allows you to decide in advance how your assets will be divided and who will manage your estate, sparing your loved ones from fighting over your wishes. With the right planning, you can avoid the need for probate altogether by [setting up trusts](https://www.nolo.com/legal-encyclopedia/arizona-make-a-living-trust-31719.html), beneficiary designations, or joint ownership of property. These methods bypass probate and allow for quicker and more straightforward transfers of assets. For example, by establishing a living trust, you can ensure that your estate is handled privately and efficiently without the court’s involvement. This not only saves time but also helps reduce stress for your family. 2. **Minimize the Tax and Financial Impact** Proper estate planning can also help minimize taxes and other financial burdens that your family might face after your death. There are various strategies you can use to reduce estate taxes, such as making gifts during your lifetime or creating tax-advantaged accounts. By addressing these factors in advance, you can leave more of your wealth to your loved ones, rather than to the IRS or creditors. Additionally, planning for things like life insurance or retirement accounts can ensure that your family has immediate access to funds without waiting for probate to clear. 3. **Protect Your Family from Conflict** Estate planning doesn’t just deal with assets—it’s also about protecting your loved ones from unnecessary conflict. By clearly outlining your wishes, you’re reducing the chances of disagreements among family members after your death. You can even set up provisions in your estate plan to prevent certain individuals from [contesting the will](https://www.nerdwallet.com/article/investing/estate-planning/contesting-will), which can protect your estate from costly and emotionally taxing legal battles. In short, estate planning isn’t just about money. It’s about safeguarding your family’s future, both financially and emotionally. ## How KEYTLaw Can Help Estate planning is one of the most thoughtful and caring things you can do for your family. It’s a way to protect them from unnecessary stress, conflict, and financial hardship. If you’re ready to take the next step in ensuring your family’s future is secure, KEYTLaw in Arizona is here to guide you through every step of the process. Our experienced probate and estate planning attorneys will help you create a plan that works for you, your family, and your unique situation. Whether you’re looking to create a will, set up a trust, or avoid probate altogether, we’re here to make the process as smooth and straightforward as possible. Don’t wait until it’s too late. Contact KEYTLaw today to [schedule a free office, phone or Zoom video meeting](https://www.keytlaw.com/arizona-probates/) and get started on a plan that will protect your family’s future. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Probate --- ### [What You Get With KEYTLaw’s Silver and Gold LLC Packages in Arizona](https://www.keytlaw.com/what-you-get-with-keytlaws-silver-and-gold-llc-packages-in-arizona/) **Published:** June 4, 2025 **Author:** Richard Keyt **Content:** When forming an LLC in Arizona, it’s easy to assume that once you file with the state, you’re done. But that’s just the beginning. At KEYTLaw, we’ve helped thousands of clients form Arizona LLCs the *right* way—by giving them not only the proper legal structure, but also the documents and tools they need to protect their company. So, what exactly do you get when you form a Silver or Gold LLC with KEYTLaw? Let’s walk through everything that comes in your customized LLC portfolio. ## Articles of Organization Every LLC begins with filing the Articles of Organization with the Arizona Corporation Commission. In your portfolio, you’ll find a copy of the exact Articles we filed to officially form your company. This foundational document is your LLC’s legal birth certificate—and we make sure it’s done right the first time. Unlike online document mills, KEYTLaw ensures your Articles are tailored to meet Arizona’s legal requirements and set your business up for long-term success. We don’t rely on cookie-cutter forms, because every LLC deserves individualized attention. ## LLC Operations Manual Once your LLC is formed, that’s when the questions usually begin. - How do I pay myself? - Can I add a member later? - What if I want to change the LLC name? To answer these and more, KEYTLaw gives every Silver and Gold client access to our 170-page *LLC Operations Manual*, written by Arizona LLC attorney Richard Keyt. It includes a checklist of 34 items to complete within the first 75 days of forming your company, and a table of contents so you can easily find what you need when you need it. This e-book is more than just a bonus—it’s your day-to-day guide for running your LLC. Most clients keep it bookmarked because it covers everything from common tax considerations to how to maintain legal separation between you and your business. ## Operating Agreement: Why It Matters Even though Arizona doesn’t legally require an Operating Agreement, we believe every LLC needs one—and so do banks, investors, and future business partners. KEYTLaw includes two types of operating agreements: - A 25-page version for single-member or husband-and-wife LLCs - A 75-page version for multi-member LLCs with unrelated parties These agreements cover key details like member rights, profit distributions, voting power, decision-making procedures, and dispute resolution. Without a proper Operating Agreement, misunderstandings can arise, especially in multi-member setups. Think of it as your LLC’s constitution—it’s how you prevent and resolve internal conflict before it starts. ## First Meeting Minutes & Resolutions Formality can go a long way in protecting your LLC’s limited liability status. We include minutes from the first meeting of the members, which authorize the election of managers, issue membership interests, and authorize the opening of a business bank account. This is especially important for manager-managed LLCs, where Arizona law requires that the manager be named in the Operating Agreement. Many business owners don’t realize that sloppy documentation can open them up to liability. These first meeting documents help prove your LLC is a legitimate, fully functioning entity—not just a name on paper. ## Membership Certificates Each member receives a custom membership certificate showing their ownership interest. It’s the LLC equivalent of a stock certificate and can be crucial for recordkeeping, ownership transfers, and legal clarity. These certificates show exactly who owns what percentage of the business and serve as clear, tangible proof of your stake. Whether you're seeking funding, adding a member, or preparing your estate, these certificates can be a critical component of your documentation. ## What’s Included in the Gold LLC Package? Our Gold LLC package includes everything listed above—plus a powerful layer of *confidentiality*. Instead of listing your name and address on public record, your LLC is owned by a revocable living trust created by KEYTLaw. This helps keep your personal information private while maintaining complete legal ownership and control. You’ll receive: - A Trust Letter that outlines what to expect and how the trust operates - A customized Trust Agreement that names your trustees and beneficiaries - A Certification of Trust you can use when working with banks, title companies, and other third parties This added layer of privacy is ideal for real estate investors, high-net-worth individuals, and business owners who don’t want their personal details searchable in a public database. ## Why Use a Certification of Trust? A Certification of Trust is a summary document that proves your trust exists—without revealing sensitive information. Instead of handing over your full trust document (which contains personal details and family information), this one-page certification satisfies legal requirements while protecting your privacy. Let’s say you’re applying for a business loan and the bank asks for your trust documents. You don’t want to give them pages outlining your personal beneficiaries and future estate plans. The Certification of Trust gives them the legal assurance they need, and gives you peace of mind. It’s accepted by most financial institutions, title companies, and government agencies—making it one of the most useful documents in your Gold package. ## Understanding “Funding” Your Trust When you hear “funding” your trust, it simply means transferring your assets—like your home, bank accounts, or investment portfolios—into the name of your trust. Once your trust owns these assets, they’ll automatically transfer to your beneficiaries upon your death—without going through probate. For married couples, this can also be structured to take effect after the death of both spouses. This is one of the best tools for seamless asset transfer. Probate can take months or even years and become expensive quickly. Funding your trust upfront ensures that your loved ones receive what you intend, quickly and without unnecessary legal hurdles. ## A Full Suite of Services—Not Just a Filing At KEYTLaw, we know forming a business is more than checking boxes. It’s about setting up your company to function smoothly, stay compliant, and protect your interests long-term. When you hire us, you're not just getting a lawyer—you’re gaining access to decades of LLC experience, a library of educational resources, and a full suite of legally sound documents designed to support your success. Whether you’re an entrepreneur starting your first business or a seasoned investor looking for privacy and protection, our Silver and Gold LLC packages provide everything you need to move forward with confidence. We’re proud of our 397+ five-star reviews across Google, Facebook, and other platforms, and we’d love the chance to help you do business better. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [A Seamless Estate Planning Experience With KEYTLaw in Scottsdale, AZ](https://www.keytlaw.com/a-seamless-estate-planning-experience-with-keytlaw-in-scottsdale-az/) **Published:** June 11, 2025 **Author:** Richard Keyt **Content:** Creating an estate plan can feel overwhelming—but it doesn’t have to be. At KEYTLaw in Scottsdale, Arizona, our goal is to simplify the process, eliminate confusion, and give our clients total confidence in their plan for the future. From start to finish, our system is built to make estate planning efficient, secure, and entirely personalized. Let’s walk through what it’s like to work with KEYTLaw on your estate plan. ## How Does the Estate Planning Process Start at KEYTLaw? Every estate plan begins with a secure, online questionnaire. This isn’t just a generic form—it’s designed to gather all the information we need to create a fully customized plan. You’ll be asked about your personal details, your spouse (if applicable), your children, and your wishes for inheritance. Whether you want to leave assets to someone or intentionally disinherit an individual, this questionnaire captures it. We’ll also ask who you’d like to name as your successor trustee if you and your spouse pass away. Once submitted, the form is securely sent to you and to our team, and we begin drafting legal documents based on your specific responses. It’s a seamless intake process that sets the tone for the rest of your planning. ## What If I Don’t Know Who to Choose as Trustee or Guardian? It’s common for clients to feel uncertain about naming fiduciaries like trustees or guardians. If you're not sure who to choose, our team walks you through what responsibilities those roles involve. We'll help you think through practical considerations—like age, financial know-how, availability, and trustworthiness—to guide your decision. You’re not expected to figure this out alone. ## What Is the Asset List and Why Is It So Important? In addition to the questionnaire, we ask clients to complete an asset list. This isn’t for us—it’s for you and your family. You’ll log your real estate, LLCs, corporations, bank accounts, investment accounts, and other assets into our secure online database. From there, you can download an Excel spreadsheet that shows what you own, what is in your trust, and what still needs to be transferred into it. This document serves two key purposes: - It helps you track your own trust funding. - It ensures your spouse or successor trustee can locate everything you own if you pass away. Why does this matter? Imagine a scenario where you’ve set up a trust but forgot to transfer a brokerage account into it. If that account isn’t listed in the asset spreadsheet, your trustee may never even know it exists. That account could end up in probate—or worse, lost. The asset list prevents that. It acts as a roadmap to your estate. Even better, it’s easy to update. As you acquire or sell assets, you can revise your entries anytime and re-download the most current spreadsheet. ## What Tangible Items Do Clients Receive With Their Estate Plan? Once your estate plan is finalized and signed, we scan your documents and organize them for delivery in a professional red portfolio. Inside are physical, tabbed copies of all your documents—wills, trusts, powers of attorney, and more. But we don’t stop there. You’ll also receive: - A USB thumb drive with PDF copies of every document - A complimentary book titled *Family Asset Protection*, written by our team, to help you understand how estate planning works - A *Successor Trustee Manual* designed to educate those who may one day manage your trust These tools help ensure you, your spouse, and your chosen trustees know exactly what to do and what the documents mean. ## What Is the Successor Trustee Manual and Why Is It Valuable? The role of a successor trustee isn’t just ceremonial—it’s a legal responsibility. Many people named as trustees have no idea what’s expected of them. That’s why we created a plain-language guide to walk them through their duties, legal obligations, timelines, and practical steps. Whether your trustee is a family member or a professional, the manual reduces confusion and minimizes the risk of errors. It's one of the most appreciated resources our clients receive. ## What If I Need to Make Changes Later? Life changes—so should your estate plan. That’s why we offer free updates for 90 days after you sign your plan. Beyond that, we check in with clients every six months via email to remind them to review their documents. Whether you’ve experienced a major life event or just want to double-check your decisions, we’re here to keep your estate plan aligned with your life. Here are a few common reasons people update their estate plans: - Birth of a child or grandchild - Divorce or marriage - Changes in financial situation - A death in the family - A falling out with someone previously named in the plan You don’t need to wait for something major to occur. Sometimes, your feelings about who should receive what simply evolve over time—and your plan should reflect that. ## Does KEYTLaw Help With Trust Funding? Yes. One of the most misunderstood parts of estate planning is trust funding—transferring ownership of assets into your trust. We provide guidance on how to title real estate, how to update financial accounts, and how to ensure your trust is legally and practically effective. A trust that isn’t funded is like a safe that no one uses. The documents are only half the story—making sure they’re implemented is what protects your legacy. ## How Is KEYTLaw Different From Other Estate Planning Firms? Many law firms will hand you a stack of documents and call it a day. At KEYTLaw, we give you tools, education, and long-term peace of mind. From customized intake to client support, our approach is thorough and forward-thinking. - Custom online questionnaires tailored to your needs - A secure asset-tracking system - Detailed educational materials - A physical and digital portfolio of documents - Built-in reminders for long-term updates We believe an estate plan should do more than just check legal boxes—it should prepare your family for the future. Our process is about more than compliance—it’s about clarity. Clients walk away with more than legal paperwork. They leave with understanding, structure, and confidence that they’ve taken care of the people and causes that matter most to them. ## If You’re Thinking About an Estate Plan, Don’t Wait Estate planning is something most people know they need to do—but too many wait until something unexpected happens. The truth is, the best time to create a plan is now, while you’re healthy, clear-minded, and in control of the process. Whether you’re just starting out or revisiting an outdated will, we’re here to help. KEYTLaw has helped countless Arizona families safeguard their legacies—and we can do the same for you. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [LLCs vs. Corporations in Arizona: Understanding the Key Legal and Financial Differences](https://www.keytlaw.com/llcs-vs-corporations-in-arizona-understanding-the-key-legal-and-financial-differences/) **Published:** June 18, 2025 **Author:** Richard Keyt **Content:** When forming a business in Arizona, one of the most important decisions you’ll make is choosing the right type of legal structure. For most small business owners, that decision often comes down to forming an LLC (Limited Liability Company) or a corporation. While both structures offer limited liability and a legal separation between the business and the owner, they differ significantly in how they operate, protect your assets, and plan for the future. If you're deciding between these two business types, understanding their core differences is critical, not just for tax purposes, but also for long-term control, inheritance, and asset protection. ## What Is an LLC and How Is It Different From a Corporation? Both LLCs and corporations are formal business entities recognized by the state of Arizona. They are designed to protect owners from personal liability if the company is sued or goes into debt. This legal separation means that your home, car, and personal bank account generally can't be taken to pay off business debts or judgments. In a corporation, owners are called shareholders, and the business operates under a board of directors that makes decisions on behalf of the company. In contrast, LLCs have members, and these members can manage the business themselves or appoint managers. The flexibility of LLCs often makes them a more accessible and practical choice for Arizona entrepreneurs. ## Why Personal Asset Protection Isn’t the Same in Every Entity Limited liability doesn’t always mean equal protection. One of the biggest differentiators between LLCs and corporations is how they shield your business if *you*—the owner—get sued personally. Let’s say you're involved in a car accident and found personally liable. If you own stock in a corporation, that stock is considered personal property. Creditors could seize your shares through a court-ordered foreclosure and take control of your business—or force it to sell assets to satisfy your judgment. LLCs, on the other hand, provide what's called “charging order protection.” In Arizona, this means that even if a creditor wins a judgment against you, they can't take over your LLC interest or force a sale of the company. They can only collect any distributions the LLC makes to you, which you and your business partners can legally withhold. This protection keeps your business from falling into the wrong hands. ## Business Continuity After Death: LLCs Offer More Control Another key difference between corporations and LLCs is what happens when an owner dies. With a corporation, your shares become part of your estate and must go through probate. This public legal process can take months or even years, and there's no guarantee your intended successor will gain control. It can also disrupt daily operations, create tension among heirs, and incur costly legal fees. LLCs provide a better alternative. Your operating agreement can dictate exactly what happens upon a member’s death—who inherits, under what conditions, and whether that person has voting rights or just receives distributions. You can even state that certain individuals cannot become members at all, ensuring your business stays in the right hands. ## LLC Operating Agreements: The Backbone of Flexibility An LLC’s operating agreement is a custom legal document that sets out how your business is run. It outlines member roles, voting procedures, profit distribution, transfer restrictions, and dissolution procedures. This document becomes even more powerful in scenarios involving death, divorce, or business disputes. Corporations, by contrast, must follow strict bylaws, hold regular board meetings, and document resolutions for major decisions. These formalities can be cumbersome for smaller businesses or family-run operations. With an LLC, you can skip the red tape and run your company the way you want—with full legal backing. ## Creditor Risk and Foreclosure: Corporations Are More Exposed One of the lesser-known dangers of owning corporate stock is that it’s considered personal property in the eyes of the law. If you fall into personal financial trouble, your creditors can go after that stock, foreclose on it, and potentially take over your company. This isn’t just theoretical—it happens. Once the shares change hands, those new shareholders can vote, demand financials, or push for liquidation. It's a devastating scenario for any business owner. LLCs offer a distinct advantage here. In Arizona, creditors can’t foreclose on your LLC membership interest. Their only remedy is a charging order, which gives them limited financial rights but no control. This shields your business from personal missteps and lawsuits, giving you far more long-term security. ## Succession Planning: Protecting Your Legacy Many business owners work hard to build something they can pass down to their children or other trusted individuals. With an LLC, you can do just that—without probate, family disputes, or surprise outcomes. Your operating agreement can: - List successor members by name - Outline buyout provisions - Limit transfer of voting rights - Include conditions for membership (e.g., must be a family member) Corporations simply don’t offer this level of customization. Shares go where the will or probate court directs them, and there’s no built-in control mechanism to manage succession. ## Why LLCs Are the Top Choice for Arizona Business Owners In Arizona, LLCs are increasingly preferred by business owners because they offer: - **Superior asset protection** in personal and business lawsuits - **Simplified structure** with fewer formalities - **More control over succession and inheritance** - **Greater flexibility** in how profits are shared and decisions are made - **Stronger privacy**, as LLCs aren’t required to publicly disclose as much as corporations While corporations may be appropriate for large-scale enterprises, especially those seeking venture capital or public investment, LLCs are often a better fit for real estate investors, family-owned businesses, professional practices, and startups. ## Do You Need to Convert Your Corporation to an LLC? If you already own a corporation and are now seeing the advantages of LLCs, don’t worry—it's not too late. In Arizona, you can convert your corporation into an LLC through a legal process called statutory conversion. It’s not as simple as filing a form, but it can be done with proper legal guidance. KEYTLaw regularly helps Arizona business owners with conversions, ensuring that tax issues, contracts, and asset transfers are handled correctly during the transition. ## Don’t Leave Your Business Vulnerable. Let’s Build a Better Foundation Whether you’re starting your business or thinking about restructuring, the legal entity you choose matters more than you might think. At KEYTLaw, we work with business owners every day to form LLCs, draft custom operating agreements, and protect what matters most: your assets, your legacy, and your control. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [How an LLC Can Protect Your Business and Personal Assets in Arizona](https://www.keytlaw.com/how-an-llc-can-protect-your-business-and-personal-assets-in-arizona/) **Published:** June 24, 2025 **Author:** Richard Keyt **Content:** Starting a business is an exciting step—but if you don’t choose the right business structure, you could put your financial future and business control at serious risk. While both corporations and LLCs (Limited Liability Companies) are popular legal entities in Arizona, LLCs offer unique protections that many business owners overlook. From shielding your personal assets to ensuring your company’s future stays in the right hands, forming an LLC can help you avoid some of the most costly legal and financial pitfalls. ## LLCs vs. Corporations: What’s the Real Difference? Both LLCs and corporations separate your personal finances from your business, but they do so in very different ways. Corporations have shareholders, a board of directors, and strict formalities like annual meetings, minutes, and voting procedures. LLCs, in contrast, are owned by members and governed by an operating agreement. There’s far more flexibility in how decisions are made, profits are shared, and ownership is transferred. For Arizona business owners who want fewer formalities and more asset protection, LLCs are often the smarter choice. ## Personal Lawsuits: How an LLC Shields You in Unexpected Ways Most people know that forming a business entity offers some degree of personal asset protection. But what happens when the tables are turned—when you’re personally sued, not your company? Here’s where LLCs shine. Say you’re involved in a personal car accident and are found liable. If you own corporate stock, a creditor may be able to foreclose on that stock, forcing a sale or gaining control of your business. With an LLC, that’s usually not possible. Creditors are limited to what’s called a *charging order*—they can receive financial distributions (if you make any), but they can’t take control, vote, or force a liquidation. You keep your company intact, even during personal legal turmoil. ## Why Operating Agreements Matter More Than You Think An LLC’s operating agreement isn’t just boilerplate legal paperwork. It’s the tool that allows you to control how your business functions and who can become a member—both during your life and after you're gone. This document can: - Outline voting rights and profit shares - Prevent membership from being transferred without approval - Restrict membership to family only - Define what happens in the event of death, divorce, or departure Corporations rely on bylaws and shareholder agreements, which offer far less flexibility and often require court involvement to resolve disputes. ## Avoiding Probate: Keep Your Business Out of Court What happens to your business if you die? If you own corporate stock, it becomes part of your estate and must go through probate. This court-supervised process is public, time-consuming, and expensive—and can lead to unwanted outcomes. A probate judge, not you, could decide who gets control of your business. LLCs let you avoid all of that. Through the operating agreement, you can: - Name a specific person to inherit your membership interest - Limit that person’s role to passive profit-sharing or full control - Prevent probate altogether by structuring your LLC correctly This not only ensures your wishes are followed but also protects your heirs from costly court battles. ## LLCs Help You Keep Control Over Who Joins Your Business In a corporation, stock can often be freely transferred, even without your consent. This means someone you’ve never met—like a creditor, ex-spouse, or disinterested relative—could end up owning part of your company. An LLC avoids this. You can block outside ownership entirely or require approval before any ownership changes hands. You can also include buy-sell provisions that give current members the first right to purchase any interest that becomes available. These tools give you a tremendous amount of control, allowing you to keep your business in the right hands at all times. ## Lawsuit Protection for the Business Itself When someone sues your business directly, both LLCs and corporations offer liability protection—but LLCs are typically easier to maintain and defend. Corporations must follow rigid rules. If you forget to hold a board meeting or skip filing corporate minutes, a plaintiff’s attorney may try to “pierce the corporate veil,” arguing that your corporation isn’t truly separate from you. LLCs are less formal. As long as you don’t co-mingle funds or commit fraud, your liability protection remains intact. You’re less likely to lose that protection due to paperwork mistakes. ## Tax Considerations: Another Layer of Flexibility While the blog focuses on legal protection, it’s worth noting that LLCs offer more tax flexibility than corporations. LLCs can choose how they’re taxed: - As a sole proprietorship (if single-member) - As a partnership (if multi-member) - As an S-corporation or C-corporation (if elected) This lets you choose the most advantageous tax structure without changing your business entity. Corporations, by default, face double taxation unless you elect S-corp status—and that status comes with stricter limitations. ## When Does a Corporation Make More Sense? There are scenarios where a corporation might be a better fit, including: - You plan to raise capital through venture funding - You want to offer stock options to employees - You plan to take your company public But for the majority of Arizona-based entrepreneurs, real estate investors, consultants, and family-run companies, LLCs are more flexible, protective, and easier to manage. ## Should You Convert an Existing Corporation into an LLC? If you're currently operating as a corporation and realize that an LLC may be a better fit, you can convert your entity. Arizona allows statutory conversions, but the process must be done carefully to avoid tax problems or operational disruptions. At KEYTLaw, we help business owners make these transitions smoothly, addressing every legal and tax consideration along the way. ## Build a Business Structure That Works for You—Now and in the Future Your entity choice is more than just a checkbox on a form—it impacts how much control you have over your business, how vulnerable you are to personal lawsuits, and how easy it is to pass your company on to the next generation. At KEYTLaw, we help Arizona business owners form and structure LLCs that are built to last. Whether you’re forming your first company or ready to convert a corporation into an LLC, we’re here to help you protect what matters most. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [What is a Revocable Living Trust and Why Should You Consider One for Your Estate Plan?](https://www.keytlaw.com/what-is-a-revocable-living-trust-and-why-should-you-consider-one-for-your-estate-plan/) **Published:** July 2, 2025 **Author:** Richard Keyt **Content:** A revocable living trust is a powerful tool in estate planning that provides individuals with greater control over their assets during their lifetime and after their death. It helps ensure that your assets are managed according to your wishes and distributed to your beneficiaries without the delays and expenses of probate. Whether you're planning for your future or protecting assets for your loved ones, understanding the components and benefits of a revocable living trust is crucial. This article will explain what a revocable living trust is, its components, and why it might be the right choice for your estate planning needs. ## What is a Revocable Living Trust? A revocable living trust is a legal agreement created by an individual (known as the “trustmaker”) to hold and manage assets for the benefit of their beneficiaries. The trust is revocable, meaning the trustmaker can change, alter, or cancel it at any time while they are still alive, as long as they are mentally competent. This flexibility allows the trustmaker to adjust their estate planning strategy as their circumstances change. In a revocable living trust, the trustmaker transfers assets, such as real estate, bank accounts, and other property, into the trust. These assets are then managed by a trustee, who may be the trustmaker or someone else designated by the trustmaker. After the trustmaker's death, the trustee manages the distribution of assets according to the terms of the trust, without the need for court involvement. ## Key Components of a Revocable Living Trust Several essential elements make up a revocable living trust, including the following: - **Trustmaker (Grantor)**: The person who creates the trust and transfers their assets into it. - **Trustee**: The individual or institution responsible for managing the trust's assets. Often, the trustmaker serves as the trustee while alive, but a successor trustee is named to take over upon the trustmaker's incapacity or death. - **Beneficiaries**: Individuals or entities who will receive the assets held in the trust according to the terms specified by the trustmaker. - **Assets**: Property or funds that are transferred into the trust, such as homes, financial accounts, and investments. The flexibility of the revocable living trust allows the trustmaker to change these key components at any time. For instance, the trustmaker can modify who the trustee is or alter the beneficiaries of the trust as their life evolves. ## The Role of a Trustee The trustee is one of the most critical components of a revocable living trust. Their responsibilities are vast and include: - **Managing Trust Assets**: The trustee is responsible for the day-to-day management of the assets held in the trust, which can include paying bills, managing investments, and ensuring that the trust’s objectives are met. - **Distributing Assets**: After the trustmaker’s death, the trustee is responsible for ensuring that the assets are distributed according to the terms of the trust. This can include distributing property, financial accounts, or other assets to the beneficiaries. - **Avoiding Conflicts**: A good trustee must manage the assets impartially and in the best interests of the beneficiaries. This helps minimize potential conflicts between family members or other parties. Choosing the right trustee is crucial. Many people choose a trusted family member, a close friend, or a professional trustee, such as an attorney or a financial institution, to take on this role. The trustee must have the skills and integrity necessary to manage the trust's assets and administer it according to the trustmaker's wishes. ## The Benefits of a Revocable Living Trust 1. **Avoids Probate**: One of the most significant advantages of a revocable living trust is that it helps avoid probate. Probate is the legal process through which a deceased person’s will is validated, and their assets are distributed. This process can take months or even years, costing both time and money. A revocable living trust bypasses this process, ensuring that your assets are distributed directly to your beneficiaries without court involvement. 2. **Increased Privacy**: Unlike a will, which becomes part of the public record when it goes through probate, a revocable living trust remains private. This means that the distribution of assets and other details of your estate plan will not be publicly available, protecting your family's privacy. 3. **Continued Asset Management in Case of Incapacity**: If the trustmaker becomes incapacitated, the successor trustee can step in and manage the assets without the need for a court-appointed guardian or conservator. This provides a seamless transition and ensures that your financial affairs are handled according to your wishes even if you are unable to manage them yourself. 4. **Flexibility**: Because a revocable living trust is revocable, you can make changes at any time during your lifetime. If you acquire new assets, change beneficiaries, or want to adjust how your assets are managed, you can update the trust accordingly. This makes a living trust a flexible and dynamic tool for estate planning. 5. **Tax Benefits**: While a revocable living trust does not provide immediate tax benefits (since the trustmaker can revoke or change it), it does allow for more efficient planning of the transfer of wealth. The trust can be designed to minimize estate taxes in some cases, particularly when combined with other estate planning tools. ## Revocable Living Trust vs. Will: Which One Should You Choose? While both a revocable living trust and a will serve as critical components of estate planning, they differ in several key areas. - **Probate**: A will must go through probate, which can be a lengthy and costly process. A revocable living trust, on the other hand, allows for the direct transfer of assets to beneficiaries, bypassing probate altogether. - **Control**: A revocable living trust provides more control over asset distribution during the trustmaker’s lifetime and after their death. A will only takes effect after death, and it must go through probate before assets are distributed. - **Flexibility**: A revocable living trust offers greater flexibility, as the trustmaker can make changes to the trust at any time. A will can be changed, but it often requires additional legal formalities. - **Privacy**: A will becomes part of the public record during probate, while a revocable living trust remains private. ## When Should You Consider a Revocable Living Trust? A revocable living trust may be the right option if: - You want to avoid probate and ensure a faster, less costly distribution of your estate. - You have assets in multiple states, and you want to avoid the complexity of probate in different jurisdictions. - You want to maintain privacy about the details of your estate and beneficiaries. - You are concerned about the possibility of becoming incapacitated and want to ensure that someone can manage your financial affairs without the need for court intervention. ## Why a Revocable Living Trust is Worth Considering A revocable living trust offers a unique combination of benefits for individuals looking to ensure that their assets are distributed according to their wishes with minimal hassle. It helps avoid the lengthy probate process, provides greater control over assets, and offers the ability to adjust your estate plan over time. Additionally, it helps provide privacy and can protect your loved ones in the event of your incapacity. Consulting with an estate planning attorney can help you determine if a revocable living trust is right for you and your family. Understanding the benefits and the flexibility a trust provides can make a significant difference in your estate planning strategy. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Why Arizona Is The Best State to Form Your LLC: Key Insights for Business Owners](https://www.keytlaw.com/why-arizona-is-the-best-state-to-form-your-llc-key-insights-for-business-owners/) **Published:** July 16, 2025 **Author:** Richard Keyt **Content:** Forming a Limited Liability Company (LLC) is an essential step for business owners looking to protect their personal assets while gaining flexibility and tax advantages. If you’re considering forming an LLC, you may want to look at Arizona as your state of choice. Arizona has become one of the best states to form an LLC for several reasons, including its strong asset protection laws, ease of formation, and business-friendly environment. In this article, we’ll walk you through why Arizona is a prime location for forming your LLC, the benefits of LLC formation, and how it compares to other business structures. ## Why Arizona for Your LLC Formation? Arizona’s legal and business environments make it one of the top states to form an LLC. For business owners, the state offers several advantages: - **Asset Protection:** One of the most significant benefits of forming an LLC in Arizona is the protection it offers for your assets. Arizona has a robust “charging order” statute that protects your LLC’s assets in the event of a lawsuit or creditor issues. This means that if a creditor sues you personally, they cannot access the assets held by the LLC. Creditors can only place a charging order on the LLC, which prevents it from distributing money or property to you until the debt is settled. - **Business-Friendly Legal Environment:** Arizona has streamlined its laws to encourage business growth, including simple and inexpensive LLC formation procedures. The Arizona Corporation Commission allows for quick filing of LLC formation documents, with a low-cost setup, making the process affordable and accessible for new entrepreneurs. - **Low Taxes:** Arizona is known for its favorable tax policies for businesses. There are no franchise taxes for LLCs, and the state offers competitive tax rates for both small businesses and larger enterprises. This is particularly beneficial for businesses just starting out, as it keeps initial costs down. - **Privacy Protection:** Arizona does not require the disclosure of LLC members' names in public records, offering an added level of privacy for business owners who want to keep their business affairs confidential. These factors make Arizona a clear choice for business owners seeking protection, simplicity, and tax advantages. ## LLCs vs. Corporations & Limited Partnerships Before the rise of the LLC, businesses typically formed as either corporations or limited partnerships. Today, the LLC is the preferred choice for many business owners due to its flexibility and protection. ## Corporations vs. LLCs Corporations are a more formal business structure with many regulations, including shareholder meetings, bylaws, and extensive record-keeping requirements. While corporations offer limited liability protection, they require more paperwork, making them cumbersome for smaller businesses or solo entrepreneurs. In contrast, LLCs provide a simpler structure with less paperwork and fewer compliance requirements. LLC owners (also known as members) enjoy limited liability protection, meaning their personal assets are protected from business debts and liabilities. Additionally, LLCs offer flexibility in management and taxation. LLCs can be taxed as sole proprietorships, partnerships, or corporations, giving business owners more control over how they are taxed. ## Limited Partnerships vs. LLCs Limited partnerships (LPs) were once commonly used for owning real estate or holding other assets, but LLCs have largely replaced them. LLCs provide more flexibility, and they don’t require the designation of general partners (who have unlimited liability). With an LLC, all members enjoy limited liability protection, unlike limited partnerships, where only the limited partners are protected. Arizona’s LLC laws allow business owners to combine the best aspects of both corporations and partnerships while avoiding the limitations of each structure. ## The Benefits of LLC Asset Protection in Arizona Asset protection is one of the primary reasons to choose Arizona for forming your LLC. Arizona’s “charging order” statute is particularly beneficial for protecting your LLC’s assets from creditors. Here's how it works: When a creditor wins a lawsuit against you personally, they can seek a charging order to seize funds from the LLC. However, in Arizona, the creditor can only obtain a charging order against the LLC. This means that they cannot take your LLC’s property, nor can they force the sale of the LLC’s assets. The only thing the creditor can do is prevent the LLC from distributing profits to you until the judgment is satisfied. This makes Arizona LLCs an excellent choice for business owners who want to keep their personal and business assets separate, and safeguard their assets in case of personal legal troubles. ## When Should You Start Your LLC in Arizona? Timing is crucial when it comes to forming your LLC. The best time to form an LLC is before you start engaging in any business activity. Operating a business without an LLC exposes you to significant risks, especially if your business activities lead to lawsuits, accidents, or other liabilities. For example, imagine hiring an employee (let's call him Homer Simpson) to operate a business vehicle. If Homer causes an accident while performing his duties, you could be held personally liable for any damages. This is why forming your LLC before you start any business activities is so critical. An LLC will protect your personal assets and ensure that you are not held personally liable for any issues that arise from your business operations. Starting your LLC early ensures that you’re covered from the moment you begin operations, and it allows you to separate your personal and business finances. ## The Role of KEYTLaw in Your LLC Formation Process At KEYTLaw, we specialize in helping entrepreneurs and small business owners navigate the process of LLC formation in Arizona. Our team has over 27 years of experience helping clients set up their LLCs quickly, efficiently, and affordably. We understand the complexities of forming an LLC and can provide personalized advice based on your specific business needs. We’ll guide you through every step of the process, from selecting the right LLC structure to filing the necessary documents with the Arizona Corporation Commission. Our goal is to ensure your LLC is set up properly, so you can focus on growing your business with confidence. ## How KEYTLaw Can Help If you’re ready to form your LLC in Arizona, KEYTLaw is here to help. We provide guidance on the entire process, ensuring you comply with Arizona’s legal requirements and benefit from the many advantages of LLC formation. Our attorneys are here to help you protect your personal assets, minimize taxes, and create a solid foundation for your business to succeed. Whether you’re starting a small business or running a high-growth company, KEYTLaw has the experience to help you establish your LLC with ease. We’ll help you make the best decisions for your business’s future and ensure that your LLC is set up for long-term success. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Why You Should Consider Forming an LLC in Arizona: Key Benefits and Asset Protection](https://www.keytlaw.com/why-you-should-consider-forming-an-llc-in-arizona-key-benefits-and-asset-protection/) **Published:** July 21, 2025 **Author:** Richard Keyt **Content:** Starting a business involves numerous decisions, and one of the most important choices is determining the best legal structure for your enterprise. Many business owners in Arizona opt for forming a Limited Liability Company (LLC), and for good reason. The LLC offers a unique combination of advantages, including liability protection, tax flexibility, and operational simplicity. If you're considering forming an LLC in Arizona, understanding the benefits and protections it provides can help you make an informed decision. Here's why an LLC might be the right choice for your business. ## The Birth of the LLC in Arizona Arizona's LLC law has a rich history, beginning with its enactment in 1992. Richard Quest, a prominent Arizona LLC attorney, was part of the historic moment when the first LLC was formed in Arizona the day the law became effective. This marked a significant shift in how business owners in Arizona could structure their entities. Prior to the introduction of LLCs, businesses in Arizona were typically formed as corporations, while real estate ownership was often structured as a limited partnership. The LLC law created a structure that combined the best features of both the corporation and the limited partnership while eliminating their drawbacks. ## The Protection an LLC Provides One of the most compelling reasons to form an LLC is the liability protection it offers. When you own a business or real estate personally, your assets are at risk. If something goes wrong—whether it's a lawsuit or business debt—your personal savings, property, and other assets could be on the line. However, an LLC provides a protective shield. With an LLC, the owner’s personal assets are generally shielded from business debts or lawsuits. Arizona LLC law specifically states that the owner of the LLC is not personally liable for the debts or obligations of the LLC. This means if your business faces legal action, your personal savings and property are typically not at risk. For business owners, especially those involved in real estate or other high-risk ventures, forming an LLC is a vital step in protecting their personal assets. ## The Charging Order: A Key Asset Protection Benefit Another major benefit of an LLC is its asset protection feature, specifically the “charging order” statute. In Arizona and other states like Wyoming, Delaware, and Nevada, the law provides a level of protection for LLC owners from creditors. The charging order statute is a legal provision that limits the ability of creditors to access an LLC’s assets. If a creditor obtains a judgment against you, they can serve a charging order on your LLC. However, the creditor cannot seize the LLC's assets or force the sale of the business. Instead, the charging order simply prevents you from distributing profits or assets from the LLC while the judgment remains unpaid. This is an essential advantage for business owners facing potential lawsuits or financial troubles. While a creditor may receive a portion of your LLC’s profits through the charging order, they cannot liquidate the LLC or its assets, which means your business remains intact. ## The Risk of Non-Charging Order States It's important to note that not all states provide the same level of protection when it comes to LLCs. States like California, for example, do not offer the same charging order protections as Arizona. In non-charging order states, if you are sued and a judgment is issued against you, creditors have the ability to seize and sell your LLC, including any assets owned by the LLC, such as valuable real estate. For instance, if you own an LLC in California that holds a million-dollar property and face a $25,000 judgment, the creditor could auction off your LLC and its property to satisfy the judgment. This can result in the permanent loss of your valuable assets. On the other hand, Arizona's laws protect LLC owners from this risk, ensuring that the creditor can only obtain a portion of the LLC's income via the charging order but cannot force the sale of the business or its assets. This makes Arizona an attractive state for LLC formation, especially for those with significant assets to protect. ## The LLC's Tax Flexibility LLCs are also known for their tax flexibility. By default, an LLC is a “pass-through” entity for tax purposes. This means that the LLC itself is not taxed. Instead, the income passes through to the owners, who report it on their personal tax returns. This avoids the “double taxation” that can occur with corporations, where both the company and the shareholders are taxed. LLCs can also elect to be taxed as corporations if that better suits their financial situation. This flexibility allows business owners to choose the tax structure that best meets their needs. ## LLC Formation: A Simple Process Forming an LLC in Arizona is a straightforward process. You will need to file Articles of Organization with the Arizona Corporation Commission and pay the required filing fee. The process can usually be completed within a few days, and once your LLC is established, you can begin operating your business under the legal protection it provides. However, even though the process is relatively simple, it’s essential to have a knowledgeable attorney guide you through the steps. An experienced Arizona LLC attorney can help you ensure that your LLC is properly structured, that you comply with all state requirements, and that your business is set up for long-term success. ## Is an LLC Right for You? An LLC is one of the most versatile and protective business structures available in Arizona. With its liability protection, asset shielding benefits, tax flexibility, and ease of formation, it’s no wonder that thousands of business owners choose the LLC structure each year. If you're considering forming an LLC for your business, it's essential to consult with an experienced Arizona LLC attorney to ensure that your LLC is set up correctly and that you're taking full advantage of the protections and benefits it offers. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Video Transcripts --- ### [Another Reason Not to Use Wells Fargo](https://www.keytlaw.com/wells-fargo-no/) **Published:** November 26, 2025 **Author:** Richard Keyt **Content:** ![](https://www.keytlaw.com/wp-content/uploads/2025/10/seminar.png "- KEYTLaw") An estate planning attorney friend of mine posted the following statement today to an estate planning listserve I monitor: > I just had a conversation with a Wells Fargo employee who works in the Mortgage division (Arizona). He told me it is Wells Fargo's policy not to accept any Power of Attorney after they are notified that the account owner is incapacitated. Earlier this year, a Wells Fargo advisor sat in my office with a current client. He told me the INTERNAL WF POA would work for this client's account. The purpose of this joint meeting was to ensure her plan would work because she was mentally declining. Once the client became incapacitated, Wells Fargo refused to honor its own INTERNAL power of attorney. I recommend that nobody do business with Wells Fargo, Chase or Bank of America. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** Bank Problems, Estate Planning, Good to Know --- ### [Arizona Small Estate Probate Exemption Values Increased](https://www.keytlaw.com/ars-14-3971/) **Published:** April 23, 2025 **Author:** Richard Keyt **Content:** The Arizona legislature passed a bill signed by Governor Katie Hobbs on March 31, 2025, that amends Arizona Revised Statutes [Section 14-3971](https://legiscan.com/AZ/text/HB2116/id/3200927) by increasing the small estate probate exemption from $75,000 to $200,000 for the personal property of a deceased Arizona resident and from $100,000 to $300,000 for Arizona real estate owned by a deceased person. ![author avatar](https://secure.gravatar.com/avatar/6d3553df0cd23d110a602523202a0b8e15fea59ebaa418379fe009e5cdf6c596?s=300&d=mm&r=g) Richard Keyt The author of this article is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona wills, trusts & estate planning attorney. See the [36 documents & services in his estate plan with a revocable living trust ](https://www.keytlaw.com/ep-contents/). He has formed 9,800+ Arizona limited liability companies. His [Silver & Gold LLC packages](https://azllc.com/contents/) include the $85 expedited filing fee, a custom Operating Agreement, and a 170 ebook called the "Arizona LLC Operations Manual." Read Rick's 400 [five-star Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). Connect with Richard at 480-664-7478 or send him an email at rk@keytlaw.com. You can also book a free phone, office or Zoom video meeting with him or his son LLC & estate planning attorney Richard C. Keyt on his [online calendar](https://www.keytlaw.com/calendar/) [See Full Bio](https://www.keytlaw.com/author/1lawyerdudessite/) [ ](https://www.keytlaw.com/author/1lawyerdudessite/) **Categories:** AZ Law, Estate Planning --- ## Pages ### [Arizona LLC, Estate Planning & Probate Attorneys | KEYTLaw](https://www.keytlaw.com/) **Published:** September 7, 2025 **Author:** Richard Keyt **Content:** # Arizona Estate Planning, Wills, Trusts, Probate & LLC Formation Attorneys ## Trusted Arizona Estate Planning & LLC Law Firm Protecting Your Family, Wealth & Business [Rick Keyt](https://www.keytlaw.com/richard-keyt) has been practicing law since 1979. He has prepared 1,000+ estate plans for Arizona families. Rick has formed 10,000+ Arrizona LLCs and 550+ Arizona nonprofit corporations. He and his son attorney [Ricky Keyt](https://www.keytlaw.com/richard-c-keyt) (a former CPA) create custom wills, trusts and estate plans for a [fixed fee](https://www.keytlaw.com/ep-contents/) that protect your most valuable assets – your loved ones, honor your wishes, and give you lasting peace of mind. The Keyts serve clients in Scottsdale, Phoenix, Paradise Valley, Mesa, Gilbert, Chandler, Tempe, Surprise, Queen Creek, and throughout Arizona. See our 424 [5-Star Google, Facebook & Birdeye Reviews](https://birdeye.com/keytlaw-llc-147983304225680). We are open weekdays 8:30 am to 5:pm. [ Book a Free Consultation ](https://www.keytlaw.com/calendar) [ Call: 480-664-7478 ](tel:+14806647478) [ Email: rk@keytlaw.com ](mailto:rk@keytlaw.com) Legal information reviewed by [Richard Keyt](https://www.keytlaw.com/richard-keyt), JD, LL.M. Updated August 1, 2026 - Peace of Mind - Loved Ones Protected - Legacy Preserved ## Our Estate Planning, LLC Formations & Probate Services ### Our Arizona Estate Planning Services - [Learn Who Inherits Your Assets if You Die without a Will or Trust](https://www.keytlaw.com/ep-intestate-succession/). - [Our Fee & 36 Documents & Services in Our Estate Plan with a Revocable Living Trust](https://www.keytlaw.com/ep-contents/) Our estate plan includes 36 essential items, including: 1. Revocable Living Trust, 2. Pour-Over Will, 3. Financial Power of Attorney, 4. Healthcare Power of Attorney, & Deed that puts your home in your trust. Our estate plan fees are $3,497 for a single person & $4,497 for a couple. - [Essential Estate Planning Documents Everybody Needs](https://www.keytlaw.com/essential-estate-planning-documents/). How the lack of a Healthcare Power of Attorney, HIPAA Authorization, Financial Power of Attorney, Last Will & Testament, Living Will & a Beneficiary Deed can harm you and your loved ones. - [Revocable Living Trust 101: How It Works & Why You Need One](https://www.keytlaw.com/revocable-living-trust-benefits/) — the clearest plain-English explanation of what a revocable living trust is, how it works, and why it is the cornerstone of every proper Arizona estate plan. - [Arizona Revocable Living Trust Frequently Asked Questions](https://www.keytlaw.com/arizona-revocable-living-trust-faqs/) — answers to the most common trust questions I hear from Arizona clients. - [18 Benefits of a Revocable Living Trust](https://www.keytlaw.com/arizona-living-trust-benefits/) — a detailed breakdown of every major advantage a trust provides over a will, joint tenancy, or beneficiary designations alone. - [ Wills, Trusts & Estate Planning FAQs](https://www.keytlaw.com/arizona-estate-planning-faqs/) - [Library of Articles on Arizona Wills, Trusts & Estate Planning](https://www.keytlaw.com/arizona-wills-trusts-articles/). ### Our Arizona LLC Formation Services - **[What are Your Arizona LLC Formation Services?](https://www.keytlaw.com/form-arizona-llc-faq/)** - [What Is In Your 3 LLC Formation Packages & What are Your Fees?](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) Our 3 flat-fee Arizona LLC formation packages are $497 Bronze, $897 Silver & $1,397 Gold. All packages come with our statutory agent service, articles of organization, and a custom operating agreement. - [Complete guide to forming and operating an LLC](https://www.keytlaw.com/form-arizona-llc/) - [19 Ways You Can Be Harmed if Your LLC Lacks a Well-Written Operating Agreement](https://azllc.com/oa/) - [Limited Liability Company FAQs](https://www.keytlaw.com/arizona-llc-faq/) - [Library of Articles about Forming & Operating AZ LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/#llc) ### Our Arizona Probate Services - [What is an Arizona Probate & When Is It Required & How to Avoid](https://www.az-probate.com/arizona-probate/) - [Do You Need an Arizona Probate? Guide by an AZ Probate Attorney](https://www.keytlaw.com/arizona-probate/) - [Arizona Probate Without a Lawyer: 5 Risks of Going DIY](https://www.keytlaw.com/do-it-yourself-arizona-probate/) - [13 Costly Arizona Probate Mistakes & How to Avoid Them](https://www.keytlaw.com/avoid-arizona-probate-mistakes/) - [Arizona Probate Attorney | $5,000 Flat Fee](https://www.az-probate.com/hire-arizona-probate-attorney/) - [How to Do an Arizona Probate](https://www.keytlaw.com/do-an-arizona-probate/) - [How to Hire an Arizona Probate Attorney](https://www.az-probate.com/hire-arizona-probate-attorney/) - Submit our [Arizona Probate Questionnaire](https://www.keytlaw.com/az-probate/) to hire Richard C. Keyt to do your probate. We charage a minimum of $5,000 for a simple uncontested probate. ### Buy or Sell an Arizona Business Services - **Must Read**: [Arizona Business Purchase & Sale Attorney](https://www.keytlaw.com/arizona-business-purchase-sale-attorney/) - [Buying / Selling an Arizona Business FAQs & Checklist](https://www.keytlaw.com/buying-a-business-in-arizona/) - [Buying a Business in Arizona: Asset vs. Entity Purchase](https://www.keytlaw.com/asset-vs-entity-purchase/) - [Tax Consequences of Buying a Business in Arizona](https://www.keytlaw.com/tax-consequences-buying-business/) - [Seller’s Federal Income Tax Issues from Sale of a Business](https://www.keytlaw.com/tax-consequences-selling-business/) - Submit our online [Business Purchase / Sale Questionnaire](https://www.keytlaw.com/bizq) to hire us. ## Why Arizona Families & Business Owners Choose KEYTLaw - [Rick Keyt](https://www.keytlaw.com/richard-keyt) has been practicing law since 1979 - He has a proven track record drafting 1,000+ custom estate plans, forming 10,000+ Arizona LLCs, & 550+ Arizona nonprofit corporations. - Richard’s son, attorney [Ricky Keyt](https://www.keytlaw.com/richard-c-keyt), was a CPA before he went to ASU’s law school then joined his father in 2012 after graduation. - We offer transparent flat-fee pricing & 100% refund guarantee. ## Estate Planning FAQs Isn’t estate planning too expensive? A good plan costs far less than the court fees, taxes, and loved ones disputes that can happen without one. It’s an investment in your loved one’s protection and peace of mind. How long does the estate planning process take? Most of our plans are completed in 1 – 2 weeks. We’ve simplified everything into a few meetings, with most of the work done by our team behind the scenes. I’m not wealthy. Do I really need an estate plan? Estate planning isn’t just for the wealthy. It’s about making sure your wishes are followed, the people you want inherit your assets, your loved ones avoids probate, and your loved ones are protected no matter your asset level. Can’t I just use an online will or DIY form? DIY documents often leave dangerous gaps, may not follow Arizona law, and can cause your estate to end up in probate anyway. Our plans are customized for you and legally effective in Arizona. What’s the difference between a will and a trust? A will does not transfer assets unless a probate is opened with an Arizona Superior Court. It is effect only after death and only if a probate is opened. A trust transfers assets on your death, avoids probate, stays private, and works if you become incapacitated. We give our clients a will and a trust, but the only purposes of the will are to transfer assets that remain in the name of the deceased to the trust and name who will be the guardian of minor children. What happens if I don’t do any planning? The law of your state of residence when you die, not you, will determine who inherits your assets. Your failure to adopt a will and/or a trust could result in the wrong person or people inheriting your assets. If you don’t plan your loved ones could end up in probate court, facing delays, high costs ($5,000+), and public exposure. Arizona residents can learn who will inherit their assets if the resident dies without a will or a trust by reading my article called “[Who Inherits Your Property If You Die without a Will or a Trust](https://www.arizona-wills.com/intestate-succession/).” How does a financial power of attorney help? It allows someone you trust to manage your financial affairs if you become mentally incapacitated, which avoids costly court proceedings and protects your loved ones from financial chaos. What’s the difference between a living will and a healthcare power of attorney? A living will states you want to pull the plug is you are brain dead being kept alive by a machine. A healthcare power of attorney names the person who makes medical decisions for you if you cannot communicate with your doctor. How often should I update my estate plan We recommend reviewing it every year, or after major life events like marriage, divorce, a new child, or significant changes in assets or the law. Will my plan still work if I move out of Arizona? Yes, but we recommend reviewing it with an attorney in your new state to ensure it complies with local laws. How do you keep my estate plan private? Unlike a probate, which is public, trusts and other planning tools we prepare keep your affairs confidential and out of the public record. Can I leave different amounts to different children? Yes. You can divide assets however you wish. We’ll make sure it’s clear, legal, and less likely to cause disputes. What if I want to disinherit someone? We can structure your plan to exclude an heir while reducing the chances of legal challenges in court. What if my children aren’t responsible with money? We can design the child’s trust so its assets are managed by someone you trust or a trust company. The trust can distribute assets over time or under specific conditions so the child can’t blow or waste all the inherited assets. How does transferring my home into a trust affect my mortgage? Federal law prevents your lender from calling your loan due just because you transfer your home into a revocable trust. Your mortgage terms stay the same. What about my digital assets and online accounts? We help you create a plan for online accounts, digital files, and even cryptocurrency, so nothing is lost or inaccessible to your loved ones. How will my estate plan affect taxes? For people who die in 2026 their estate does not have to pay federal estate tax unless their net worth exceeds $15 million A married couple’s estate does not have to pay federal estate tax unless their combined net worth exceeds $30,00,000. All money left by a spouse to the surviving spouse avoids federal estate tax on the death of the first spouse. If the value of your assets exceeds $15,000,000 for a single person or $30,000,000 for a married couple we can do advance estate tax planning to reduce the federal estate tax on the death of a single person or the death of the second spouse for a married couple. What makes KEYTLaw different from other estate planning firms? Rick Keyt has practiced law since 1979. He’s created estate plans for more than 1,000 Arizona clients. He has 424 five-star reviews. The Keyts combine deep expertise with personal care to ensure your estate plan works exactly as intended when your loved ones need it most. We will help you protect your most valuable assets – your loved ones. ## How Your Loved Ones May Suffer If You Don't Have an Estate Plan - Your assets may go to the wrong people. - Heirs who cannot manage money have control of their inheritance. - Minor children may be raised by somebody you would not want to raise them. - Probate drains your estate and exposes your private affairs to the public. - Loved ones fight over assets, costing time, money, and relationships. - Vulnerable heirs risk losing their inheritance to bad decisions or creditors. - Family may fight over who can make medical decisions for you if you can’t communicate with your doctor. - Family may fight over who can manage your assets if you can’t. - You may be brain dead being kept alive by a machine while hospital and doctor bills climb. ![](https://www.keytlaw.com/wp-content/uploads/2025/09/disneyland-1024x1024.png "- KEYTLaw") ## Protect Your Most Valuable Assets When you don’t leave clear instructions, the wrong people can inherit, probate can drag on for years, and loved ones’ relationships may fracture under stress. That’s why estate planning isn’t just legal paperwork—it’s peace of mind for your loved ones. Rick has practiced law since 1979. He has prepared 1,000+ estate plans, and seen the difference a well-prepared estate plan makes. As a husband, father, and grandfather, Rick knows firsthand the importance of safeguarding the people you love most. Let’s make sure your loved ones are protected. [ Book a Free Office, Phone or Zoom Consultation ](https://www.keytlaw.com/calendar) ## Legal Services We Provide **Hire us to:** - [Prepare a Special Warranty Deed ($295) or a Beneficiary Deed ($495)](https://www.keytlaw.com/arizona-deed-preparation/) - [Form an Arizona Nonprofit Corporation ($1,297) that will become a 501(c)(3) tax exempt charity](https://www.keytlaw.com/arizona-nonprofit-formation/) - [Prepare or review a pre or post-nuptial agreement ($2,500)](https://www.arizona-wills.com/paq/) - [Prepare an Agreement to Buy or Sell a Business](https://www.keytlaw.com/azllclaw/bq/) - [Register a non-Arizona LLC or corporation to do business in Arizona](https://www.keytlaw.com/register-foreign-entity-arizona/) - [Prepare a contact to Buy or Sell Arizona real estate](https://www.keytlaw.com/azllclaw/fsbo/) - [Prepare or review a residential or commercial lease](https://www.keytlaw.com/azllclaw/lease-related-parties/) ## Don't Leave Your Loved Ones Unprotected ### Right People Inherit Your Assets A carefully crafted estate plan ensures the people you love—not distant relatives or the state—receive what you’ve worked so hard for, which means true peace of mind that your legacy is safe. ### Avoid Probate Hassles With a living trust, your loved ones avoid the long, expensive, and very public probate process, which means they’re spared from stress and conflict during one of the hardest times of their lives. ### Protect Your Minor Children By naming guardians and trustees, you decide who raises your children and safeguards their inheritance, which means comfort in knowing your kids will always be cared for by the people you trust most. ## 3 Steps to Protect Your Loved Ones ## Step 1 ### Book a Free Office, Phone or Zoom Video Meeting [Get a free meeting](https://www.keytlaw.com/calendar) with an Arizona estate planning attorney to get answers to your questions and discuss your goals, assets, and loved ones. After we learn your concerns, we design a custom estate plan that does exactly what you want. ![](https://www.keytlaw.com/wp-content/uploads/2025/09/meeting.png "- KEYTLaw") ## Step 2 ### Custom Plan Design & Document Preparation We translate your wishes into clear, legally effective documents written in English, not legalese, so you will have confidence knowing your loved ones and legacy are fully protected. ![](https://www.keytlaw.com/wp-content/uploads/2025/09/board.png-1024x1024.png "- KEYTLaw") ## Step 3 ### Signing, Delivery & Ongoing Support You sign your documents, and we send them to you in a nice three-ring binder with pdf digital copies of every document. You receive ongoing guidance when your life changes, allowing you to enjoy lasting peace of mind. ![](https://www.keytlaw.com/wp-content/uploads/2025/09/signing.png.png "- KEYTLaw") ## What Clients Say About Our Services ![](https://www.keytlaw.com/wp-content/uploads/2025/09/5reviews.png-768x571.png "5reviews.png - KEYTLaw") Families and professionals across Arizona trust KEYTLaw to protect what matters most. Here’s what some of our clients had to say: ### Armando Roman, financial advisor & CPA “We chose KEYTLaw because of their unmatched expertise & track record in Arizona. Rick and his son Ricky made the process simple, handled every detail, & ensured everything was titled correctly. They listen. They make sure nothing is overlooked. ### Kevin Lane, financial advisor “KEYTLaw really listened. They understood our issues and delivered effective solutions. What impressed me most was their technology—educational resources & tools.. I’ve referred clients to them. Every one of those clients has thanked me for the recommendation.” ## Our Hundreds of 5 Star Reviews Excellent [KEYTLaw LLC](https://www.keytlaw.com/)4.9 [See all reviews](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Cindy S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My son passed away in AZ where he lived. I, his mother live in Savannah, GA. Not familiar with AZ law, I went to the Keyt Law offices in Phoenix. Richard Keyt Jr. was very welcoming and helpful from the start and all the way through Probate. Any questions that I had, he answered promptly and efficiently. I would highly recommend this Law firm. I am very pleased! Thank you Richard!!!!! [Divine Doors Assisted Living, L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My attorney Ricky with KEYTLaw has been so helpful through the process of starting my business. I am grateful to him and his staff for their timely assistance and for their expertise. [Mark B.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Laura H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have worked with Keyt law for many years, they’ve helped me form all of my LLCs, create my estate plan, and handle many other legal matters. Their staff is always friendly, responsive, and professional, making every process smooth and stress free. I highly recommend Keyt Law to anyone looking for knowledgeable attorneys who provide exceptional service. [Lucia W.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I first contacted Keyt Law firm when I was thinking about opening up my own nonprofit business. Everyone that I spoke to was very patient and knowledgeable in going through the steps necessary to make sure that I was comfortable in what I was endeavoring to do. Special thanks to Noah who was always available to answer my questions and guided me through all the steps. I am very confident in recommending Keyt Law Firm. [Greg M.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Noah is very helpful with a can do attitude. I wish the world had more like him. [montetackett](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Easy, affordable and accurate. [Valli Dawn H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard, Noah and the team at Keyt Law did a great job helping us with several estate and corporate planning goals we had. They were prompt, thorough, provided great communication and we will contact them again anytime we need updates or help. [Joseph Z.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Awesome services and great communication. Highly recommended! [Susan R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Twenty years ago I decided to start a non profit with no business experience and a vision of helping teens who were facing multiple challenges. I found Keyt Law online with free information for start ups like mine. I randomly called the office and Mr. Keyt answered the phone. I explained my mission and he spent the next hour taking me through the process. He never sent me a bill for his invaluable time. Keyt Law has been my statutory agent since then with a very small fee. Any time I have a question or problem they are there for me. The integrity of this law firm is a direct reflection of its Founder. I was blessed to have them by my side. Special thanks to Noah from accounting who helped me with my annual report! [Andrew K.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very efficient service. My experience is limited to the formation of two LLCs. They were handled very well and quickly. The price was also reasonable. [Jerry G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Used them to set up LLC and annual renewal. Seamless and easy to work with. [M.M. R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very glad to give 5 star rating to KeithLaw firm. We have established an IRA LLC from 13 years ago with assistance from this very client friendly law firm. I found them to be very reliable, courteous and easy to work with. I still talk to them from time to time for timely advice as needed. I very strongly recommend this friendly family friendly legal firm to any one in need of legal help particularly those from retired community. [Mary E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law Firm was great in helping us set up our LLC and keeping us informed when things need to be renewed. [Eric G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard’s expertise and guidance made a big difference for us and we would not have been able to do this without his knowledge. He was kind enough to “warn us” that our first 1023 application may not get IRS approval because it wasn’t mission driven enough. That caused us to completely reframe our entire concept and a complete redo of the form and it worked out so well that we actually got approval from the IRS two weeks after submitting our form 1023 along with an expedited request. Thank you so much Richard! [Justin G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very helpful with setting up business organizations. [Latrice J.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I absolutely appreciate this firm because they have assisted me With my nonprofit in terms of setting it up and assisting me with education via their website and much more. I would not be able to continue helping survivors and domestic violence without their support. [Kara E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard Keyt Jr. is one of the most knowledgeable and thorough attorneys I have worked with. We hired Richard to review trust, estate, and loan documents that had been prepared by another attorney. During his review, he identified a significant issue that could have resulted in approximately hundreds of thousands of dollars in unnecessary tax consequences. His analysis likely saved our family an enormous amount of money and gave us confidence that the documents were accomplishing what was actually intended. When revised documents were later prepared, Richard reviewed those as well and identified additional concerns that warranted further attention. His willingness to carefully review every detail and ask the difficult questions provided an extra level of protection that was invaluable. What sets Richard apart is his ability to explain highly complex trust, estate, and tax issues in a way that ordinary people can understand. He is approachable, patient, and easy to talk to. He can support his opinions with statutes and case law, yet he never comes across as arrogant or intimidating. When dealing with important family, trust, and estate matters, you need someone who is willing to look beyond the surface and identify problems before they become expensive mistakes. Richard did exactly that for us. His expertise, attention to detail, and commitment to protecting his clients’ interests gave us tremendous peace of mind. I recommend Richard Keyt Jr. without hesitation. If you are looking for an attorney who combines exceptional legal knowledge with practical, understandable advice, Richard is an excellent choice. [Jacqueline F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) They set up my LLC 5 years ago and have been taking great care of me ever since! [Josh F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Bela F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Excellent staff, professional, attentive and considerate [Wayne L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very easy to work with and responsive, will be using them again. [Ken E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have done several LLCs and other work with Keyt Law, and they are expert, fast, affordable and easy to work with. Richard is always super accessible on the phone and he always makes time to answer questions, discuss options and provide solutions. [Dar S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law establishment out LLC for us and were very knowledgeable and efficient. They are great about providing their customers with information they should know about and there is no pressure to upsell you further services. [Garratt P.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Exceptionally professional, informative, and easy to work with. Richard Keyt Jr. made the process seamless and informative. The Gold Package is worth every penny. You will also receive this beautiful leather bound book with all your documents. ## Meet Us ### Father Rick & son Ricky describe their estate planning and LLC formation law firm. Watch Cody the law dog retrieve our mail. [ Book a Free Consultation ](https://www.keytlaw.com/calendar) ## Documents that Protect Your Loved Ones - Revocable Living Trust: Keeps your loved ones out of probate court and ensures your legacy is passed on privately and smoothly. - Last Will & Testament: Puts your wishes in writing so the right people inherit and your children are always cared for. - Financial Power of Attorney: Gives someone you trust control of your finances if you can’t manage them, protecting your loved ones from chaos. - Healthcare Power of Attorney: You decide who makes medical choices for you, sparing your loved ones from painful uncertainty. - Deed Transferring Your Home to the Trust: Protects your loved one's home and ensures it stays with the people you choose. - Guardian Designation for Minor Children: Guarantees the people you trust—not the courts—will raise your children if the unthinkable happens. - HIPAA Authorization: Allows loved ones to access your medical records when it matters most. - Beneficiary Designations: Keeps life insurance and retirement accounts aligned with your wishes, protecting your loved ones’ financial security. - Personal Property Memorandum: Lets you pass on treasured personal property items—like jewelry, art, collections, furniture, equipment, guns, heirlooms, or keepsakes to the people you designate — so your memories live on with the right people. - Ongoing Reviews & Updates: Ensures your estate plan grows with your loved ones and stays strong as laws change, giving you lasting peace of mind. ## Why You Should Choose Us ### [Get Answers to All of Your Questions](https://www.keytlaw.com/calendar) Get answers to your questions during our no-obligation meeting & explore your options risk-free. Make confident decisions without pressure. ### [Book a Free Office, Phone, or Zoom meeting](https://www.keytlaw.com/calendar) Visit our easy-to-use [online calendar](https://www.keytlaw.com/calendar) to schedule a complimentary office, phone, or Zoom video meeting to design your custom estate plan. ### Attorney Since 1979 Trusted expertise with proven results. You avoid costly mistakes and get it done right the first time. ### 1,000+ Clients Served Deep understanding of unique family needs. You won’t feel like just another file on a desk. ### 418 Five-star Reviews Social proof of client satisfaction. You can trust you’re making the right choice. [See the reviews](https://birdeye.com/keytlaw-llc-147983304225680). ### A Custom Trust Tailored plans that reflect your exact wishes. Your loved ones are protected the way *you* want. ### Asset Protected Trusts You have an option to create a [lifetime asset-protected trust](https://www.keytlaw.com/ep-apt/) for each loved one that protects the inherited assets from creditors, ex-spouses & bankruptcy courts. ### Family Avoids Probate Keep your family out of an expensive public Superior court probate. Your loved ones get what you intended without court delay, legal fees & drama. ### Total Time 1–2 weeks Get protected without delays. You sign your documents within one week of your free meeting. You stop worrying and start sleeping better. [ Book a Free Consultation ](https://www.keytlaw.com/calendar) ## Protect Your Family with a Custom Arizona Estate Plan. Take action now to protect your your loved ones. **NOTICE**: Do not send details about your case or any documents when communicating with the law firm of KEYTLaw, LLC, or its attorneys or personnel through this website. **DISCLAIMER**: This website is designed for general information only and nothing on this website constitutes legal advice. Your reading information on this website, or acting on any information on this website or communicating with the law firm of KEYTLaw, LLC, or its attorneys or personnel through this website does not create an attorney-client relationship with you. Nor does reading information on this website or communicating with KEYTLaw, LLC, or its attorneys or personnel through this website guarantee that the law firm of KEYTLaw, LLC, or any of its attorneys will agree to represent you in your legal matter. Nothing contained on this website is a guarantee, warranty or prediction of any outcome for any particular legal matter. This website constitutes attorney advertising. --- ### [Arizona Probate Attorney | $5,000 Flat Fee | KEYTLaw](https://www.keytlaw.com/arizona-probate-attorney/) **Published:** February 22, 2026 **Author:** Richard Keyt **Content:** # Arizona Probate Attorney $5,000 Flat Fee Losing a loved one is difficult enough without the added complexity of navigating an **Arizona Superior Court probate**. If you have been tasked with settling a recently deceased Arizona family member’s estate, you likely have questions about your legal responsibilities, court deadlines, and how to protect the estate’s assets. As an experienced ![](https://www.keytlaw.com/wp-content/uploads/2026/03/probate-1024x559.png "- KEYTLaw") **Arizona probate attorney** and former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472 & rck@keytlaw.com) provides the dedicated legal counsel necessary to streamline the probate process, resolve disputes, and ensure the final wishes of your loved one are honored with precision. Below, you will find a comprehensive guide to Arizona probate laws and practical resources to help you move forward with confidence and peace of mind. [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ## Arizona Probate Articles - **Must Read**: [What is Arizona Probate, When Is It Required & How to Avoid It](https://www.keytlaw.com/arizona-probate-law-faq/). Start here. Plain-English answers to the questions almost every family asks — what probate actually is, which assets force one, how long it takes, what it costs, and the planning moves that keep your family out of court entirely. - [Do You Need an Arizona Probate? Guide by AZ Probate Attorney](https://www.keytlaw.com/arizona-probate/). Not every death requires a probate. This guide walks you through the asset-by-asset title analysis that tells you whether the Superior Court has to get involved — or whether a simpler alternative will do the job. - [How to Do an Arizona Probate](https://www.keytlaw.com/do-an-arizona-probate/). The complete start-to-finish roadmap: filing the petition, the required notices to heirs, appointing the personal representative, bond waivers, Letters Testamentary, the four-month creditor claim period, and closing the estate. - [Arizona Probate Without a Lawyer: 5 Risks of Going DIY](https://www.keytlaw.com/do-it-yourself-arizona-probate/). Filing your own probate looks like a way to save money. Here are five ways it commonly backfires — missed deadlines, defective notices, personal liability for the personal representative, and mistakes that cost far more than the legal fee. - [13 Costly Arizona Probate Mistakes & How to Avoid Them](https://www.keytlaw.com/avoid-arizona-probate-mistakes/). The thirteen errors we see most often in Arizona probates, what each one costs the estate or the personal representative, and the simple step that prevents it. - [Arizona Probate Attorney | $5,000 Flat Fee](https://www.az-probate.com/hire-arizona-probate-attorney/). What the $5,000 flat fee covers for an uncontested informal probate, why the estate — not you personally — ultimately pays it, and the exact steps to get your probate opened. - [How to Hire an Arizona Probate Attorney](https://www.az-probate.com/hire-arizona-probate-attorney/) The six steps to hire Richard C. Keyt — free consultation, online service agreement, payment options, and reimbursement of the fee by the estate. There is never a charge to talk about your probate. - Submit our [Arizona Probate Questionnaire](https://www.keytlaw.com/az-probate/) to hire Richard C. Keyt to do your probate. Ready to get started? Complete our online Probate Legal Service Agreement and questionnaire and Richard C. Keyt will begin opening your Arizona probate. - [Arizona Small Estate Affidavit for Personal Property Under $200,000](https://www.keytlaw.com/arizona-small-estate-affidavit-personal-property/). If the decedent’s personal property is worth $200,000 or less net of liens, [A.R.S. § 14-3971(B)](http://www.azleg.gov/ars/14/03971.htm) lets heirs collect it with an affidavit instead of a probate. Here’s who qualifies, the 30-day waiting period, and how to use the form. - [Arizona Small Estate Affidavit for Real Estate Under $300,000](https://www.keytlaw.com/guide-how-to-use-az-small-estate-affidavit-real-property/). A step-by-step guide to transferring a decedent’s Arizona real estate worth $300,000 or less without a probate — the six-month wait, the court filing, and the traps that get affidavits rejected. - [To Hire us to Prepare a Small Estate Exemption Affidavit Submit Our Questionnaire](https://www.keytlaw.com/small-estate-affidavit/). Submit our short questionnaire and we’ll prepare, file, and record the small estate affidavit for you — a fraction of the cost and time of a full Superior Court probate. Updated August 8, 2026, by [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) #### Questions? Book a free meeting, email or call Arizona probate attorney Richard C. Keyt. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ### Call or email Richard C. Keyt Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [13 Costly Arizona Probate Mistakes & How to Avoid Them](https://www.keytlaw.com/avoid-arizona-probate-mistakes/) **Published:** February 23, 2025 **Author:** Richard Keyt **Content:** ## 13 Costly Arizona Probate Mistakes & How to Avoid Them 13 Costly Arizona Probate Mistakes & How to Avoid Them (2026 Guide)By [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt), Arizona probate attorney and former certified public accountant, KEYTLaw, LLC, Scottsdale, Arizona. Direct: [480-664-7472](tel:+14806647472) · **Last updated:** August 9, 2026. Reviewed against the 2025 edition of [Arizona Revised Statutes Title 14 (Trusts, Estates and Protective Proceedings)](https://www.azleg.gov/arsDetail/?title=14). The short answer **What are the most common Arizona probate mistakes?** The 13 mistakes that most often expose an Arizona personal representative to personal liability are: (1) failing to notify everyone entitled to notice, (2) giving notice the wrong way, (3) not filing proof of notice with the court, (4) omitting required information from the probate application, (5) filing in the wrong county, (6) missing the 30-day notice to heirs and devisees, (7) failing to obtain a bond, (8) failing to publish notice to creditors for three consecutive weeks, (9) failing to mail notice to known creditors, (10) missing the 90-day inventory deadline, (11) distributing assets to someone who is not a legal heir, (12) distributing without obtaining a signed release, and (13) paying heirs before paying the estate’s creditors. Under [A.R.S. § 14-3712](https://www.azleg.gov/ars/14/03712.htm), an Arizona personal representative who breaches a fiduciary duty is personally liable to interested persons “to the same extent as a trustee of an express trust.” The mistake comes out of the personal representative’s own pocket, not the estate’s. **Need help?** KEYTLaw opens uncontested informal Arizona probates for a **$5,000 flat fee** that the estate reimburses to the personal representative. [Book a free office, phone or Zoom consultation](https://www.keytlaw.com/calendar) with Arizona probate attorney Richard C. Keyt, or call him directly at [480-664-7472](tel:+14806647472). There is no charge to ask questions about Arizona probate law. ## What this guide covers 1. [Arizona probate deadline calendar for personal representatives](#deadlines) 2. [The 13 costly Arizona probate mistakes](#mistakes) 3. [Who has priority to be appointed personal representative](#who-can-serve) 4. [When you can skip Arizona probate entirely](#skip-probate) 5. [The order in which an Arizona estate must pay claims](#claim-priority) 6. [Arizona probate statute quick-reference table](#statute-table) 7. [Key takeaways](#takeaways) 8. [Arizona probate FAQs](#faq) 9. [Glossary of Arizona probate terms](#glossary) 10. [How to hire Richard C. Keyt for your Arizona probate](#hire) ## Arizona probate deadline calendar for personal representatives Most Arizona probate malpractice, self-inflicted or otherwise, is a missed deadline. Here is every hard deadline an Arizona personal representative must calendar, with the governing statute. Arizona personal representative deadlines under [A.R.S. Title 14, Chapter 3](https://www.azleg.gov/arsDetail/?title=14)DeadlineWhat must happenStatuteAt least 14 days before any hearingMail or personally deliver notice to every person entitled to it[§ 14-1401(A)](https://www.azleg.gov/ars/14/01401.htm)At or before the hearingFile proof that notice was given[§ 14-1401(C)](https://www.azleg.gov/ars/14/01401.htm)At the time of appointmentBegin publishing notice to creditors, once a week for three successive weeks[§ 14-3801(A)](https://www.azleg.gov/ars/14/03801.htm)Within 30 days of appointmentSend written notice of the appointment to all heirs and devisees[§ 14-3705](https://www.azleg.gov/ars/14/03705.htm)Within 90 days of appointmentPrepare the inventory and appraisement of estate property[§ 14-3706(A)](https://www.azleg.gov/ars/14/03706.htm)4 months after first publicationCreditor claim window closes for creditors reached by publication[§ 14-3801(A)](https://www.azleg.gov/ars/14/03801.htm)60 days after mailing, or 4 months after publication — whichever is laterClaim window closes for *known* creditors who were mailed notice[§ 14-3801(B)](https://www.azleg.gov/ars/14/03801.htm)Within 2 years of the date of deathOutside deadline to commence an informal probate or appointment proceeding[§ 14-3108](https://www.azleg.gov/ars/14/03108.htm)**The two-year trap.** Under [A.R.S. § 14-3108](https://www.azleg.gov/ars/14/03108.htm), an informal probate or appointment proceeding generally cannot be commenced more than **two years after the decedent’s death**. Families who wait often discover the deadline only when a title company refuses to close on the house. ## The 13 costly Arizona probate mistakes Every section number below is a section of the Arizona Revised Statutes. Read each one before you act — the Arizona superior court judge overseeing the probate will expect the personal representative to have complied. ### Mistake 1: Failing to give notice of the probate to everyone entitled to it The personal representative fails to notify every person entitled to notice that an informal probate has been filed. Two groups are entitled to that notice: any person who has demanded notice under [A.R.S. § 14-3204](https://www.azleg.gov/ars/14/03204.htm), and any person who has a prior or equal right to appointment as personal representative and has not filed a signed waiver of that right with the court ([§ 14-3310](https://www.azleg.gov/ars/14/03310.htm)). **Why it costs you:** A person with equal or higher priority who never got notice can appear later and ask the court to set aside the appointment. Everything the personal representative did in the meantime is exposed to challenge. **How to avoid it:** Before filing, build a written list of every heir, devisee, demanding party and person with equal or higher appointment priority. Get signed waivers from anyone with priority who is not applying. ### Mistake 2: Giving notice in a manner Arizona probate law does not allow Giving notice is not enough — the notice must be given in the form the statute requires. Under [A.R.S. § 14-1401(A)](https://www.azleg.gov/ars/14/01401.htm), notice must be given either by (i) mailing a copy at least fourteen days before the time set for the hearing by certified, registered or ordinary first-class mail, addressed to the person at the post office address given in the demand for notice, or at the person’s office or residence if known, or (ii) delivering a copy to the person personally at least fourteen days before the hearing. **How to avoid it:** If the personal representative does not know the address of a person entitled to notice, do not guess and do not skip that person. Give notice by publication or ask the probate court for direction before the hearing date. ### Mistake 3: Failing to file proof that notice was given Giving the notice and proving the notice are two separate obligations. Under [A.R.S. § 14-1401(C)](https://www.azleg.gov/ars/14/01401.htm), the personal representative must make proof of the giving of notice and file it with the court at or before the hearing. **Why it costs you:** A hearing goes forward on the record in front of the court. If the proof of notice is not in the file, the court can continue the hearing, and every continuance costs the estate time and money. ### Mistake 4: Omitting required information from the application for informal probate [A.R.S. § 14-3301(B)](https://www.azleg.gov/ars/14/03301.htm) contains a long list of information that must appear in every application for informal probate and appointment. Missing a single required statement is grounds for the registrar to reject the application. **How to avoid it:** Read [§ 14-3301](https://www.azleg.gov/ars/14/03301.htm) line by line with the draft application next to it and check off each required statement. Do not rely on a form alone — forms go stale, statutes get amended. ### Mistake 5: Filing the probate in the wrong Arizona county Venue is not optional. Under [A.R.S. § 14-3201(A)](https://www.azleg.gov/ars/14/03201.htm), the probate must be filed in the Arizona county where the decedent was domiciled at the time of death. If the decedent was not domiciled in Arizona, the probate is filed in any Arizona county where the decedent’s property was located at the time of death. **Why it costs you:** A probate opened in the wrong county may have to be dismissed and refiled — a second filing fee, a second publication run, and months of lost time. ### Mistake 6: Failing to notify all heirs and devisees of the appointment within 30 days Not later than thirty days after appointment, the personal representative must give written information about the appointment to the heirs and devisees of any will mentioned in the application. The information must be delivered or sent by first-class mail to each heir and devisee whose address is reasonably available to the personal representative ([A.R.S. § 14-3705](https://www.azleg.gov/ars/14/03705.htm)). **How to avoid it:** Calendar this the day the letters issue. Thirty days disappears quickly while the personal representative is still gathering account statements. ### Mistake 7: Failing to obtain a bond when one is required The personal representative must obtain a bond unless (i) the will expressly waives the bond, or (ii) all of the heirs (if no will has been probated) or all of the devisees (under a will that does not waive the bond) file a written waiver of the bond requirement with the court ([A.R.S. § 14-3603(A)](https://www.azleg.gov/ars/14/03603.htm)). The general rule under [A.R.S. § 14-3604(A)](https://www.azleg.gov/ars/14/03604.htm) is that the bond amount equals the value of the decedent’s personal property, plus the value of the real property less encumbrances, plus the estimated income the estate will receive in its first year. **How to avoid it:** Get written bond waivers signed and filed before the appointment, not after. A surety bond on a $700,000 estate is a real, avoidable expense. ### Mistake 8: Failing to publish a notice to creditors Under [A.R.S. § 14-3801(A)](https://www.azleg.gov/ars/14/03801.htm), at the time of appointment the personal representative must publish a notice to creditors **once a week for three successive weeks** in a newspaper of general circulation in the county. The notice must announce the appointment, give the personal representative’s address, and notify creditors to present their claims within four months after the date of first publication or be forever barred. **Why it costs you:** Publication is what starts the four-month clock that extinguishes unknown claims. Skip it and the estate never gets the benefit of the bar — a creditor can surface after the assets are distributed. ### Mistake 9: Failing to mail notice to known creditors Publication handles unknown creditors. Known creditors get their own notice. Under [A.R.S. § 14-3801(B)](https://www.azleg.gov/ars/14/03801.htm), the personal representative must give written notice by mail or other delivery to all known creditors. That notice must tell each known creditor to present the claim within four months after the published notice, or within sixty days after the mailing or other delivery of the notice, **whichever is later**, or be forever barred. **How to avoid it:** Pull twelve months of the decedent’s bank and credit card statements and a credit report. Anyone who appears is a known creditor and must be mailed notice. ### Mistake 10: Missing the 90-day inventory deadline Within ninety days after appointment, the personal representative must prepare an inventory of property owned by the decedent at the time of death ([A.R.S. § 14-3706(A)](https://www.azleg.gov/ars/14/03706.htm)). For each item the inventory must list, in reasonable detail: - Its fair market value as of the date of the decedent’s death; - Whether it is community property or separate property; and - The type and amount of any encumbrance against it. The personal representative may either file the original inventory with the court and send copies only to interested persons who request it, or elect not to file it with the court — in which case a copy must be delivered or mailed to each heir in an intestate estate, or to each devisee if a will has been probated, and to any other interested person who requests it ([§ 14-3706(B)](https://www.azleg.gov/ars/14/03706.htm)). ### Mistake 11: Distributing estate assets to someone who is not a legal heir If the decedent died without a valid will, the estate’s assets must be distributed to the people entitled to receive them under Arizona’s law of intestate succession, found in [Title 14, Chapter 2 of the Arizona Revised Statutes](https://www.azleg.gov/arsDetail/?title=14). **Why it costs you:** If the personal representative distributes an asset to a person who is not a legal heir, the personal representative is personally liable to repay the value of that asset to the estate so it can be distributed to the rightful heir. Arizona is a community property state, blended families are common, and the intestate succession result is frequently not what the family assumed. ### Mistake 12: Distributing assets without getting the heir to sign a release Arizona probate law does not require this, but it is the single cheapest piece of self-protection a personal representative can buy. Require every heir to sign a document releasing the personal representative from all claims and liability arising from serving as personal representative, in exchange for receiving the distribution. **Important limit:** If an heir refuses to sign, the personal representative must still distribute to that heir everything the heir is entitled to receive. The release is leverage for cooperation, not a condition of inheritance. ### Mistake 13: Paying heirs before paying the estate’s debts The personal representative must make sure that, if the estate has sufficient assets, all of the decedent’s debts are paid in full or settled for less than one hundred cents on the dollar. Distribute to heirs first and fail to pay the debts, and the personal representative is personally liable to the unpaid creditors under [A.R.S. § 14-3712](https://www.azleg.gov/ars/14/03712.htm). **This is the mistake that hurts the most.** It usually happens because a grieving family pressures the personal representative to hand out money before the four-month creditor window has closed. Once the money is in a beneficiary’s hands, it is very difficult to get back — and the creditor sues the personal representative, not the beneficiary. ## Who has priority to be appointed personal representative in Arizona Filing an application when someone else has higher priority — without a signed renunciation from that person — forces the case into formal proceedings. [A.R.S. § 14-3203(A)](https://www.azleg.gov/ars/14/03203.htm) sets this order for persons who are not disqualified: Arizona order of priority for appointment as personal representative ([A.R.S. § 14-3203(A)](https://www.azleg.gov/ars/14/03203.htm))OrderWho1The person with priority under a probated will, including a person nominated by a power conferred in a will2The surviving spouse of the decedent who is a devisee of the decedent3Other devisees of the decedent4The surviving spouse of the decedent5Other heirs of the decedent6The Arizona Department of Veterans’ Services, if the decedent was a veteran or the spouse or child of a veteran7Any creditor, 45 days after the death of the decedent (excluding a funeral director or funeral establishment owner who has control of the remains)8The public fiduciaryA person is **not qualified** to serve as an Arizona personal representative if the person is under the age of majority, is found unsuitable by the court in formal proceedings, or is a foreign corporation ([§ 14-3203(F)](https://www.azleg.gov/ars/14/03203.htm)). ## When you can skip Arizona probate entirely Before opening a probate, check whether Arizona’s small estate affidavit procedures apply. Under [A.R.S. § 14-3971](https://www.azleg.gov/ars/14/03971.htm), a successor can collect certain property by affidavit without any court-appointed personal representative. Arizona small estate affidavit thresholds ([A.R.S. § 14-3971](https://www.azleg.gov/ars/14/03971.htm))PropertyValue limitWaiting periodStatutePersonal property (bank accounts, securities, vehicles, tangible property), less liens and encumbrances**$200,000** as of the date of death30 days after death[§ 14-3971(B)](https://www.azleg.gov/ars/14/03971.htm)Arizona real property, less liens and encumbrances**$300,000** as of the date of death6 months after death[§ 14-3971(E)](https://www.azleg.gov/ars/14/03971.htm)Unpaid wages, salary or compensation owed to the decedent, paid to the surviving spouse**$5,000**Any time after death[§ 14-3971(A)](https://www.azleg.gov/ars/14/03971.htm)Click on one or both of these links to learn about [probate exemptions for personal property](https://www.keytlaw.com/small-estate-probate-exemption-for-arizona-personal-property/) under $200,000 and [Arizona real estate](https://www.keytlaw.com/small-estate-probate-exemption-for-arizona-real-property) valued under $300,000. The real property affidavit under [§ 14-3971(E)](https://www.azleg.gov/ars/14/03971.htm) requires that funeral expenses, expenses of the last illness and **all unsecured debts** of the decedent have been paid, that no other person has a right to the decedent’s interest in the property, and that no federal estate tax is due. Real property value is determined from the full cash value shown on the assessment rolls for the year the decedent died. **The better answer is to never need probate at all.** A properly funded Arizona revocable living trust avoids probate on the assets titled in the trust. A will alone does not — a will is the instruction manual for a probate, not a substitute for one. See our guide to [what Arizona probate is, when it is required and how to avoid it](https://www.keytlaw.com/arizona-probate-law-faq/), or review the [36 documents and services in the KEYTLaw estate plan](https://www.keytlaw.com/arizona-estate-plan-packages/). ## The order in which an Arizona estate must pay claims If the estate’s applicable assets are not enough to pay every claim in full, the personal representative does not get to choose who gets paid. [A.R.S. § 14-3805(A)](https://www.azleg.gov/ars/14/03805.htm) sets this mandatory order: 1. Costs and expenses of administration. 2. Reasonable funeral expenses. 3. Debts and taxes with preference under federal law. 4. Reasonable and necessary medical and hospital expenses of the decedent’s last illness, including compensation of persons attending the decedent. 5. Debts and taxes with preference under Arizona law. 6. All other claims. No preference may be given to one claim over another claim in the same class, and a claim that is due and payable gets no preference over claims that are not yet due ([§ 14-3805(B)](https://www.azleg.gov/ars/14/03805.htm)). A personal representative who pays a friendly creditor out of order and then runs out of money for a higher-priority claim has breached a fiduciary duty. ## Arizona probate statute quick-reference table Every Arizona statute cited in this guide, with what it governsStatuteWhat it governs[§ 14-3108](https://www.azleg.gov/ars/14/03108.htm)Two-year outside time limit to commence probate proceedings[§ 14-1401](https://www.azleg.gov/ars/14/01401.htm)Manner of giving notice and proof of notice[§ 14-3201](https://www.azleg.gov/ars/14/03201.htm)Venue — which Arizona county[§ 14-3203](https://www.azleg.gov/ars/14/03203.htm)Priority among persons seeking appointment as personal representative[§ 14-3204](https://www.azleg.gov/ars/14/03204.htm)Demand for notice of any order or filing[§ 14-3301](https://www.azleg.gov/ars/14/03301.htm)Required contents of the application for informal probate and appointment[§ 14-3310](https://www.azleg.gov/ars/14/03310.htm)Notice requirement in informal appointment proceedings[§ 14-3603](https://www.azleg.gov/ars/14/03603.htm)When a personal representative’s bond is required[§ 14-3604](https://www.azleg.gov/ars/14/03604.htm)How the amount of the bond is calculated[§ 14-3705](https://www.azleg.gov/ars/14/03705.htm)30-day duty to inform heirs and devisees of the appointment[§ 14-3706](https://www.azleg.gov/ars/14/03706.htm)90-day inventory and appraisement duty[§ 14-3712](https://www.azleg.gov/ars/14/03712.htm)Personal liability for breach of fiduciary duty[§ 14-3801](https://www.azleg.gov/ars/14/03801.htm)Notice to creditors — publication and mailing[§ 14-3805](https://www.azleg.gov/ars/14/03805.htm)Priority of claims when the estate is insolvent[§ 14-3971](https://www.azleg.gov/ars/14/03971.htm)Small estate affidavits for personal property and real property## Key takeaways - An Arizona personal representative is a fiduciary and is personally liable for breaches to the same extent as a trustee of an express trust ([§ 14-3712](https://www.azleg.gov/ars/14/03712.htm)). - Three deadlines drive the whole case: notice to heirs and devisees within **30 days**, inventory within **90 days**, and the creditor claim bar **four months** after first publication. - Never distribute to heirs before the creditor claim window closes and all debts are paid or settled. - Get a signed release from every heir before handing over a distribution — but distribute anyway if the heir refuses. - Probate generally must be commenced within **two years** of the date of death. - If the estate is small enough — $200,000 in personal property or $300,000 in Arizona real property — an affidavit under [§ 14-3971](https://www.azleg.gov/ars/14/03971.htm) may make probate unnecessary. - A funded revocable living trust avoids all of this. A will does not. ## Arizona probate FAQs ### What is the most common mistake an Arizona personal representative makes? The most common and most expensive mistake is distributing estate assets to heirs before all of the decedent’s debts have been paid or settled. If the personal representative distributes assets and fails to pay the estate’s debts, the personal representative becomes personally liable to the unpaid creditors under [A.R.S. § 14-3712](https://www.azleg.gov/ars/14/03712.htm). ### Can an Arizona personal representative be held personally liable? Yes. Under [A.R.S. § 14-3712](https://www.azleg.gov/ars/14/03712.htm), if the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of fiduciary duty to the same extent as a trustee of an express trust. That liability is personal — it is not paid by the estate. ### How long does an Arizona personal representative have to file the inventory? Ninety days. Under [A.R.S. § 14-3706(A)](https://www.azleg.gov/ars/14/03706.htm), within ninety days after appointment the personal representative must prepare an inventory of the property the decedent owned at death, listing each item’s fair market value as of the date of death, whether it is community or separate property, and the type and amount of any encumbrance. ### How long do creditors have to file a claim against an Arizona estate? Creditors reached by publication have four months from the date of first publication of the notice to creditors. Known creditors who are mailed a written notice have until four months after the published notice or sixty days after the mailing, whichever is later. A creditor who misses the deadline is forever barred ([A.R.S. § 14-3801](https://www.azleg.gov/ars/14/03801.htm)). ### Does an Arizona personal representative have to publish a notice to creditors? Yes. [A.R.S. § 14-3801(A)](https://www.azleg.gov/ars/14/03801.htm) requires the personal representative to publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county where the probate was opened. Publication is what starts the four-month claim bar. ### Does an Arizona personal representative have to post a bond? A bond is required unless the will expressly waives it, or all the heirs (if no will was probated) or all the devisees under a will that does not waive the bond file a written waiver with the court ([A.R.S. § 14-3603(A)](https://www.azleg.gov/ars/14/03603.htm)). When a bond is required, the amount generally equals the decedent’s personal property plus real property less encumbrances plus estimated first-year estate income ([A.R.S. § 14-3604(A)](https://www.azleg.gov/ars/14/03604.htm)). ### In which Arizona county do I file the probate? File in the Arizona county where the decedent was domiciled at the time of death. If the decedent was not domiciled in Arizona, file in any Arizona county where the decedent’s property was located at the time of death ([A.R.S. § 14-3201(A)](https://www.azleg.gov/ars/14/03201.htm)). ### How long after a death can you open probate in Arizona? Generally two years. Under [A.R.S. § 14-3108](https://www.azleg.gov/ars/14/03108.htm), an informal probate or appointment proceeding, or a formal testacy or appointment proceeding, cannot be commenced more than two years after the decedent’s death, subject to narrow statutory exceptions. ### Can I avoid Arizona probate with a small estate affidavit? Often, yes. Under [A.R.S. § 14-3971](https://www.azleg.gov/ars/14/03971.htm), a successor may collect personal property by affidavit thirty days after death if the estate’s personal property, less liens and encumbrances, does not exceed $200,000, and may file an affidavit of succession to Arizona real property six months after death if the real property, less liens and encumbrances, does not exceed $300,000. Click on one or both of these links to learn about [probate exemptions for personal property](https://www.keytlaw.com/small-estate-probate-exemption-for-arizona-personal-property/) under $200,000 and [Arizona real estate](https://www.keytlaw.com/small-estate-probate-exemption-for-arizona-real-property) valued under $300,000. ### Who has priority to be appointed personal representative in Arizona? [A.R.S. § 14-3203(A)](https://www.azleg.gov/ars/14/03203.htm) sets the order: the person named in a probated will, then a surviving spouse who is a devisee, then other devisees, then the surviving spouse, then other heirs, then the Arizona Department of Veterans’ Services in veteran cases, then any creditor forty-five days after death, then the public fiduciary. ### Should an Arizona heir sign a release before receiving a distribution? Arizona probate law does not require it, but it is strongly recommended. Ask every heir to sign a document releasing the personal representative from all claims and liability arising from serving as personal representative in exchange for the distribution. If the heir refuses to sign, the personal representative must still distribute everything the heir is entitled to receive. ### How much does an Arizona probate attorney cost? KEYTLaw charges a $5,000 flat fee for an uncontested informal Arizona probate. The estate ultimately pays the fee, because the estate reimburses the personal representative for the deposit once the personal representative takes control of the estate assets. ### Can I do an Arizona probate myself without a lawyer? It is legally possible to complete a do-it-yourself Arizona probate, but the personal representative must comply with the 131 statutes in [Chapter 3 of Title 14 of the Arizona Revised Statutes](https://www.azleg.gov/arsDetail/?title=14) and personally bears the liability for every mistake. Probate is a superior court proceeding overseen by a judge who will expect full compliance with Arizona probate law. ## Glossary of Arizona probate terms **Personal representative (PR)**The person appointed by an Arizona superior court to administer a decedent’s estate. Called an executor in many other states.**Informal probate**An Arizona probate handled administratively by the probate registrar without a court hearing, available when no one objects and the paperwork is complete.**Formal probate**An Arizona probate conducted before a judge, required when there is a dispute, a will contest, or a person with higher appointment priority who has not renounced.**Heir**A person entitled to a decedent’s property under Arizona’s intestate succession law when there is no valid will.**Devisee**A person designated in a will to receive property from the estate.**Intestate**Dying without a valid will, in which case Arizona statute decides who inherits.**Letters**The court document proving the personal representative’s authority to act for the estate. Banks and title companies will ask for them.**Inventory and appraisement**The itemized list of estate property with date-of-death values that the personal representative must prepare within ninety days of appointment.**Claim bar**The statutory deadline after which a creditor who has not presented a claim is forever barred from collecting from the estate.**Fiduciary duty**The legal obligation to act loyally, prudently and in the best interest of the estate and its beneficiaries. Breaching it exposes the personal representative to personal liability.## A warning before you agree to serve as personal representative Probate is a superior court proceeding overseen by a judge who will require the personal representative to comply with Arizona probate law. As the list above shows, there are many ways for a personal representative to incur liability. Some people do complete do-it-yourself Arizona probates. The question worth asking is whether you want the headaches, the stress, and the personal exposure that come with learning Arizona probate law on the job. The personal representative must comply with all 131 statutes in [Chapter 3 of Title 14 of the Arizona Revised Statutes](https://www.azleg.gov/arsDetail/?title=14). Do you know what your fiduciary duties are? Would you rather have an experienced Arizona probate attorney advising you on how to comply with them? ## How to hire Richard C. Keyt for your Arizona probate KEYTLaw, LLC handles uncontested informal Arizona probates for a **$5,000 flat fee**. Here is how to hire us: 1. **Get your questions answered at no charge.** Call Arizona probate attorney Richard C. Keyt at [480-664-7472](tel:+14806647472). There is no charge to ask questions about Arizona probate law. 2. **Book a free consultation.** Schedule a free office, phone or Zoom video meeting using the [online calendar](https://www.keytlaw.com/calendar/). 3. **Complete the engagement.** Fill out our online [Probate Legal Service Agreement](https://www.keytlaw.com/az-probate/). 4. **Payment option 1 — check.** Send a check for $5,000 payable to KEYTLaw, LLC, to Richard C. Keyt, 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258. 5. **Payment option 2 — card.** Pay by Visa, Mastercard, American Express or Discover on our [secure payment page](https://keytlaw.infusionsoft.com/app/orderForms/Probate), or call legal assistant Michelle Watkins at [480-664-7413](tel:+14806647413). 6. **The estate reimburses you.** After the probate opens and the personal representative takes control of the estate assets, the estate reimburses the personal representative the $5,000. Our fee is ultimately paid by the estate, not out of the personal representative’s pocket. [Book Your Free Consultation](https://www.keytlaw.com/calendar) **Richard C. Keyt** · Arizona probate and estate planning attorney · Direct [480-664-7472](tel:+14806647472) · · [See his bio](https://www.keytlaw.com/richard-c-keyt) ## More Arizona probate and estate planning resources - [What Is Arizona Probate, When Is It Required & How to Avoid It](https://www.keytlaw.com/arizona-probate-law-faq/) - [Arizona Probate Attorney — all of our probate articles](https://www.keytlaw.com/arizona-probate-attorney/) - [Arizona Wills, Trusts & Estate Planning Articles Library](https://www.keytlaw.com/arizona-wills-trusts-articles/) - [Arizona Estate Planning Package: 36 Documents, Services & Fixed Fees](https://www.keytlaw.com/arizona-estate-plan-packages/) - [Essential Estate Plan Documents Every Adult Needs](https://www.keytlaw.com/essential-estate-planning-documents) - [Arizona Estate Planning FAQs](https://www.keytlaw.com/arizona-estate-planning-faqs/) - [Prepare an Arizona Beneficiary Deed or Special Warranty Deed](https://www.keytlaw.com/arizona-deed-preparation/) --- ## About the author [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) is an Arizona probate, estate planning, business and tax attorney and a former certified public accountant with KEYTLaw, LLC in Scottsdale, Arizona. He opens uncontested informal Arizona probates for a $5,000 flat fee that the estate reimburses. His father, [Richard Keyt](https://www.keytlaw.com/richard-keyt), has practiced law in Arizona since 1979 and has formed more than 10,000 Arizona limited liability companies and 550 Arizona nonprofit corporations that became 501(c)(3) organizations. **KEYTLaw, LLC** · 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258 · [480-664-7472](tel:+14806647478) · [keytlaw.com](https://www.keytlaw.com) · Serving Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Chandler and Queen Creek, Arizona. **Disclaimer:** This article is general information about Arizona probate law, not legal advice, and reading it does not create an attorney-client relationship. Arizona statutes change and every estate is different. Consult an Arizona probate attorney about your specific situation before acting. Updated August 9, 2026 For more about Arizona probates see our [13 probate articles](https://www.keytlaw.com/arizona-probate-attorney/). Must Read: [What is Arizona Probate, When Is It Required & How to Avoid It](https://www.keytlaw.com/arizona-probate-law-faq/) ### Call or email Richard C. Keyt Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Small Estate Affidavit for Personal Property (Under $200k)](https://www.keytlaw.com/arizona-small-estate-affidavit-personal-property/) **Published:** April 19, 2025 **Author:** Richard Keyt **Content:** ## Arizona Small Estate Affidavit for Personal Property (Under $200k) Updated August 8, 2026, by [Richard C. Keyt](https://www.keytlaw.com/calendar) Arizona Small Estate Affidavit for Personal Property (Under $200,000)by [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/), Arizona probate attorney & former CPA · 480-664-7472 · When an Arizona resident dies, the family's first fear is usually the same one: *are we headed for probate?* Probate in the Arizona Superior Court is public, it takes months, and it costs money the family would rather keep. Arizona law gives a lot of families a way out. If the person who died owned a modest amount of personal property, a successor can collect it with a signed, notarized affidavit — no court case, no judge, no personal representative, and in most instances no filing fee. This article explains exactly how the Arizona small estate affidavit for personal property works under [Arizona Revised Statutes § 14-3971](https://law.justia.com/codes/arizona/title-14/section-14-3971/), what the 2025 amendment changed, the four statements the affidavit must contain, the traps that get affidavits rejected, and when you have no choice but to open a probate. **The short answer.** Yes — you can collect a deceased Arizona resident's personal property without probate if **all** of the personal property in the estate, wherever located, less liens and encumbrances, is worth **$200,000 or less**, and at least **30 days** have passed since the death. There is a separate affidavit for **real property** — up to **$300,000** of Arizona real estate, available **six months** after death. The two limits are independent of each other, and an estate can use both. ## Table of Contents - [What changed in 2025 — the new $200,000 and $300,000 limits](#change-2025) - [The four statements every personal property affidavit must contain](#four-conditions) - [What counts as "personal property" — and what does not](#what-counts) - [Assets that never count toward the $200,000 limit](#not-counted) - [How to use the affidavit — step by step](#how-to) - [Vehicles, stocks and brokerage accounts](#vehicles) - [The $5,000 wage affidavit for a surviving spouse](#wages) - [The real property affidavit — $300,000 and six months](#real-property) - [Side-by-side comparison of the three affidavits](#comparison) - [When you cannot use a small estate affidavit](#cannot-use) - [The risks nobody warns you about](#risks) - [The better answer: don't leave your family this problem](#prevention) - [Frequently asked questions](#faq) - [Hire us to prepare your affidavit](#hire) ## What Changed in 2025 — the New $200,000 and $300,000 Limits For years Arizona's small estate limits were stuck at levels set when a Scottsdale house cost a fraction of what it costs today. Families with an ordinary bank account and a paid-off condo were pushed into full probate for no good reason. Arizona House Bill 2116, passed in the 2025 regular session, fixed that. Effective **September 26, 2025**, the limits in A.R.S. § 14-3971 rose sharply: Type of propertyOld limitLimit today**Personal property** (bank accounts, vehicles, stocks, personal effects)$75,000**$200,000****Arizona real property** (land, house, condo)$100,000**$300,000****Unpaid wages** owed to a surviving spouse$5,000$5,000 (unchanged)**This matters if your loved one died before September 26, 2025.** The higher limits are generally applied to affidavits signed and used on or after the effective date, not to the date of death. So an estate that was too large to qualify in 2024 may qualify today. If a family member died in the last few years and you gave up on a small estate affidavit because of the old $75,000 cap, it is worth a second look. ## The Four Statements Every Personal Property Affidavit Must Contain A.R.S. § 14-3971(B) does something unusual: it *compels* the person holding the property to hand it over. Any person indebted to the decedent, or holding the decedent's tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action, **shall** pay or deliver it to the claiming successor when presented with a conforming affidavit. To be conforming, the affidavit must state that all four of the following are true: 1. **Thirty days have elapsed since the death of the decedent.** Not 29. Count from the date of death on the death certificate. 2. **Either (a) or (b) is true:** - **(a)** No application or petition for appointment of a personal representative is pending, no personal representative has been appointed in *any* jurisdiction, and the value of all personal property in the estate, wherever located, less liens and encumbrances, does not exceed $200,000 **valued as of the date of death**; or - **(b)** The personal representative has been discharged, or more than one year has passed since a closing statement was filed, and the value of all personal property in the estate, wherever located, less liens and encumbrances, does not exceed $200,000 **valued as of the date of the affidavit**. 3. **The claiming successor is entitled to payment or delivery of the property.** You must actually be the heir under Arizona's intestacy statutes or the beneficiary named in a valid will. 4. **The funeral expenses and the expenses of the decedent's last illness have been paid.** This requirement is frequently missed, and it is not optional. If the funeral home or the hospital has not been paid, you do not yet qualify. **Read requirement 2 carefully.** The test is the value of *all* personal property in the estate — everywhere in the world — not just the one account you are trying to collect. A $30,000 Arizona bank account does not qualify if the decedent also owned $190,000 of personal property in Nevada. Sign the affidavit anyway and you have sworn to something false. ## What Counts as "Personal Property" — and What Does Not "Personal property" is everything the decedent owned that is not real estate. In a typical Arizona estate that includes: - Checking, savings, money market and certificate of deposit accounts held in the decedent's sole name - Brokerage accounts, stocks, bonds and mutual fund shares - Cars, trucks, motorcycles, boats, ATVs and trailers titled in the decedent's sole name - Furniture, jewelry, art, firearms, tools, collections and other tangible personal effects - Uncashed checks, refunds, final paychecks and accrued vacation pay - Money someone owed the decedent — a promissory note, a personal loan, a judgment - Membership interests in an LLC and shares of a closely held corporation - Safe deposit box contents You subtract liens and encumbrances. A truck worth $45,000 with a $38,000 loan against it counts as $7,000 toward the limit — not $45,000. Real estate is **never** counted toward the $200,000 personal property limit. It has its own affidavit and its own $300,000 limit, discussed below. ## Assets That Never Count Toward the $200,000 Limit A great many assets pass automatically at death and are not part of the probate estate at all. You do not need an affidavit for them and they do not count against the $200,000 ceiling: - **Assets titled in a revocable living trust.** The trustee simply carries on. This is the whole point of a trust. - **Accounts with a payable-on-death (POD) or transfer-on-death (TOD) beneficiary.** The bank pays the named beneficiary directly. - **Life insurance and annuities** with a living named beneficiary. - **IRAs, 401(k)s, 403(b)s and other retirement accounts** with a living named beneficiary. - **Property held in joint tenancy with right of survivorship** or as community property with right of survivorship. - **Real estate covered by a recorded Arizona beneficiary deed.** Here is the practical consequence: an estate can be large and still qualify. A widow whose husband left a $900,000 IRA to her by beneficiary designation, a jointly held house, and a single $60,000 checking account in his name alone has a "small estate" for purposes of § 14-3971. Only the $60,000 counts. ## How to Use the Affidavit — Step by Step 1. **Wait 30 days.** Nothing you do before day 31 is valid. 2. **Order certified copies of the death certificate.** Get more than you think you need — five to ten. Every institution wants one. 3. **Inventory every item of personal property the decedent owned anywhere** and value it as of the date of death. Subtract liens. Confirm the total is $200,000 or less. 4. **Pay the funeral bill and the last-illness medical bills**, or confirm they were already paid. 5. **Confirm no probate is open anywhere.** If a personal representative has been appointed in any state, the affidavit route is closed until that person is discharged. 6. **Determine who is legally entitled to the property** — under the will if there is one, or under Arizona's intestacy statutes if there is not. Arizona is a community property state and the intestacy rules surprise people, especially in blended families. 7. **Have the affidavit prepared and sign it in front of a notary.** You are swearing under penalty of perjury. 8. **Deliver the affidavit and a certified death certificate to whoever holds the property** — the bank, the credit union, the brokerage firm, the transfer agent, the MVD, the employer, the person who owes the money. 9. **Collect the property and distribute it correctly** to everyone entitled to it, not just to yourself. You do **not** file the personal property affidavit with the Superior Court. There is no case, no hearing and no court filing fee. It is a private transaction between you and the institution holding the asset. (The real property affidavit is different — that one *is* filed with the court.) ## Vehicles, Stocks and Brokerage Accounts The statute singles out two categories and orders the holder to cooperate. ### Motor vehicles Under § 14-3971(D), the Arizona Motor Vehicle Division **shall** transfer title of a motor vehicle from the decedent to the successor on presentation of a conforming affidavit and payment of the usual fees. Bring the affidavit, a certified death certificate, the title if you have it, and be prepared to complete the MVD's own title application. If the vehicle has a loan against it, the lender must be dealt with separately. ### Stocks and securities Under § 14-3971(C), a transfer agent for any security **shall** change the registered ownership on the corporation's books from the decedent to the successor on presentation of the affidavit. Transfer agents are notoriously particular about form — they often have their own medallion signature guarantee requirements layered on top of the statute. Expect a few rounds of paperwork. ## The $5,000 Wage Affidavit for a Surviving Spouse There is a third, smaller affidavit most people have never heard of. Under § 14-3971(A), **at any time after death — with no 30-day waiting period** — an employer who owes the decedent wages, salary or other compensation for personal services must pay up to **$5,000** of it to the surviving spouse on presentation of an affidavit stating that the affiant is the surviving spouse (or is authorized to act for the spouse) and that no personal representative is pending or appointed in Arizona, or if one was appointed, that the personal representative has been discharged or more than a year has passed since a closing statement was filed. This is a lifeline in the first weeks after a death, when the bills keep coming and the accounts are frozen. It is available only to a surviving spouse, and only for compensation for personal services. ## The Real Property Affidavit — $300,000 and Six Months If the decedent owned Arizona real estate, § 14-3971(E) offers a separate affidavit of succession to real property. It is a different animal from the personal property affidavit, and the differences matter. The successor may file the affidavit with the Superior Court in the county where the decedent was domiciled (or, if the decedent was not an Arizona resident, in a county where the real property sits) no sooner than **six months** after death. The affidavit must state, under penalty of perjury, that all of the following are true: 1. Either no personal representative is pending or appointed anywhere and the value of all Arizona real property in the estate, less liens and encumbrances, does not exceed **$300,000** as of the date of death; or the personal representative has been discharged or more than a year has passed since a closing statement was filed and the value does not exceed $300,000 as of the date of the affidavit. 2. Six months have elapsed since the death, shown by a certified death certificate attached to the affidavit. 3. Funeral expenses, expenses of the last illness, **and all unsecured debts of the decedent** have been paid. 4. The person signing is entitled to the real property by allowance in lieu of homestead, exempt property or family allowance, by intestate succession as the sole heir or heirs, or by devise under a valid will (the original of which is attached or has been probated). 5. No other person has a right to the decedent's interest in the described property. 6. No federal estate tax is due on the estate. Two valuation quirks are easy to get wrong. The value of the decedent's interest is taken from **the full cash value shown on the county assessment rolls** for the year of death — not a realtor's opinion, not Zillow. And if what the decedent owned was a *debt secured by a lien* on real property, the value is the unpaid principal balance on the date of death. The normal filing fee applies unless the court waives it under A.R.S. § 12-301 or § 12-302. Once the registrar determines the affidavit is complete, the registrar issues a certified copy without attachments, and that certified copy is recorded with the county recorder where the property is located. That recording is what clears title. ## Side-by-Side Comparison of the Three Affidavits WagesPersonal propertyReal property**Statute**§ 14-3971(A)§ 14-3971(B)§ 14-3971(E)**Dollar limit**$5,000$200,000$300,000**Waiting period**None30 days6 months**Who may sign**Surviving spouse onlyAny entitled successorSole heir(s) or devisee(s)**Filed with court?**NoNoYes — plus recording**Debts that must be paid first**None specifiedFuneral & last illnessFuneral, last illness & all unsecured debts## When You Cannot Use a Small Estate Affidavit Do not force it. The affidavit is off the table if any of these are true: - Personal property exceeds $200,000, or Arizona real property exceeds $300,000 in assessed full cash value. - A personal representative has been appointed, or an application or petition to appoint one is pending, in Arizona or any other state. - Funeral expenses or last-illness expenses remain unpaid. - The heirs disagree about who gets what, or someone contests the will. - There is a minor beneficiary with no guardian or conservator in place. - The estate is insolvent, or creditors are circling and someone needs the protection of a formal claims process. - The decedent owned out-of-state real estate. The Arizona affidavit reaches only Arizona real property; other states have their own rules. - The estate needs someone with legal authority to sue, defend a lawsuit, sell a business, or negotiate with the IRS. An affidavit gives you the asset; it does not make you a fiduciary with legal powers. - Federal estate tax is due (real property affidavit only). In those situations you need an Arizona probate. Informal probate is usually far less painful than people expect — see our [Arizona probate page](https://www.keytlaw.com/arizona-probate-attorney/). ## The Risks Nobody Warns You About Small estate affidavits are simple, which is exactly why people get hurt with them. Three things to keep in front of you: ### You are swearing under oath The real property affidavit expressly acknowledges that a false statement may subject the signer to penalties for perjury and subornation of perjury. Guessing at values, overlooking an out-of-state account, or "rounding down" to fit under the limit is not a paperwork problem. It is a sworn false statement. ### Collecting is not the same as keeping The affidavit gets the property released to you. It does not decide who owns it. If you are one of four children and you collect Dad's $150,000 account by affidavit, you hold three-fourths of it for your siblings. Spend it and you are answerable to them — Arizona law preserves the rights of heirs and devisees under A.R.S. § 14-3901 regardless of what the affidavit says. ### Creditors do not disappear A probate has a formal creditor claim process with real deadlines that cut off late claims. An affidavit has none of that. Creditors of the estate can still come after the assets, and after the person who took them. When the decedent had significant debt, a probate is sometimes the *safer* path, not the harder one. Banks and brokerage firms are also allowed to be difficult. Nothing in the statute stops an institution from taking three weeks to route your affidavit through its legal department, and some large national banks insist on their own internal forms. A properly drafted affidavit that quotes the statute, and a lawyer's letter behind it, tends to shorten that conversation considerably. ## The Better Answer: Don't Leave Your Family This Problem Everything on this page is cleanup. It is what your family does *after* you die because you did not put a plan in place before. Notice what happens with the same assets if you have a properly funded revocable living trust: nothing. No 30-day wait. No six-month wait. No $200,000 ceiling and no $300,000 ceiling. No affidavit, no perjury exposure, no court, no county recorder, no bank legal department. Your successor trustee takes over the day after you die and distributes exactly as you directed. A will does **not** do this. A will is a set of instructions *to the probate court* — it guarantees probate rather than avoiding it. Joint tenancy and beneficiary designations are not substitutes either; they solve one asset at a time, they fail when the beneficiary dies first or is a minor, and they hand your children their inheritance outright with no protection at all. Every KEYTLaw estate plan includes a revocable living trust, a certification of trust, healthcare and financial powers of attorney, a HIPAA authorization, a living will, a deed transferring your home into your trust, a designation of guardian for minor children, an assignment of personal property, and a personal property memorandum. We also build an irrevocable asset-protected trust into the plan for each beneficiary, so what your children inherit is shielded from their creditors, a future ex-spouse and a bankruptcy court. See [what our estate plan contains and what it costs](https://www.keytlaw.com/arizona-estate-plan-packages/), or read our [library of Arizona wills, trusts and estate planning articles](https://www.keytlaw.com/arizona-wills-trusts-articles/). ## Frequently Asked Questions ### How long do I have to wait to use an Arizona small estate affidavit for personal property? Thirty days from the date of death. The affidavit must state that 30 days have elapsed, so it cannot be signed or presented before day 31. The real property affidavit requires a six-month wait, and the $5,000 surviving spouse wage affidavit has no waiting period at all. ### Does the $200,000 limit apply to each asset or to the whole estate? To the whole estate. The test is the value of all personal property in the decedent's estate, wherever located, less liens and encumbrances. You cannot collect one $150,000 account by affidavit if the decedent also owned another $100,000 of personal property somewhere else. ### Do I file the personal property affidavit with the Arizona Superior Court? No. The personal property affidavit is delivered directly to the bank, brokerage firm, transfer agent, employer, MVD or other person holding the property. There is no court case and no filing fee. Only the real property affidavit under § 14-3971(E) is filed with the court, and a certified copy of it is then recorded with the county recorder. ### Does a small estate affidavit avoid probate if the decedent owned a home? Sometimes. Arizona real property is handled by a separate affidavit under § 14-3971(E), available six months after death, and only if all Arizona real property in the estate is worth $300,000 or less based on the county assessor's full cash value, less liens and encumbrances. If the home is worth more than that after subtracting the mortgage, you will need a probate. ### Does the new $200,000 limit apply if the person died before September 26, 2025? Generally yes. The increased limits are applied to affidavits used on or after the effective date rather than to the date of death, so an estate that was too large under the old $75,000 cap may qualify today. Because that timing question can affect whether your affidavit is honored, confirm it with a probate attorney before you sign. ### Can I use a small estate affidavit if there is a will? Yes. A will does not prevent the use of the affidavit. What matters is the value of the estate and whether you are the person entitled to the property — which, when there is a will, means you are the beneficiary named in it. For the real property affidavit, the original will must be attached to the affidavit or must already have been probated. ### What if the bank refuses to accept my affidavit? The statute says the holder of the property **shall** pay or deliver it on presentation of a conforming affidavit. In practice, refusals almost always trace to a defect in the affidavit or to an institution's internal policy. A correctly drafted affidavit that tracks the statutory language, accompanied by a certified death certificate and a letter from counsel, resolves the great majority of these. ### Do I still need an affidavit for an account with a payable-on-death beneficiary? No. POD and TOD accounts, life insurance, annuities and retirement accounts with a living named beneficiary pass automatically outside the estate. The beneficiary claims them with a death certificate and the institution's claim form. Those assets also do not count toward the $200,000 limit. ### What if the estate is worth more than $200,000? Then you need an Arizona probate. Most Arizona probates are informal, which means no hearings and no judge in the ordinary case. Call Arizona probate attorney Richard C. Keyt at 480-664-7472 to find out which type of probate your situation calls for. ### Is a small estate affidavit a substitute for an estate plan? No. It is a limited, after-the-fact workaround with dollar caps, waiting periods, sworn statements and no creditor protection. A properly funded revocable living trust avoids probate entirely, at any asset level, with no waiting period and no ceiling. ## Hire Us to Prepare Your Arizona Small Estate Affidavit Arizona probate attorney Richard C. Keyt prepares both small estate affidavits for flat fees: AffidavitFlat fee**Personal property** — probate exemption for personal property worth less than $200,000**$800****Real property** — affidavit of succession to Arizona real property worth $300,000 or less, including filing with the Superior Court**$1,800**Court filing fees and recording fees are not included in the real property fee and are paid separately. To get started, complete and submit the questionnaire: [**Small Estate Probate Exemption Affidavit Questionnaire**](https://www.keytlaw.com/small-estate-affidavit/) — for real property and/or personal property **Questions? He doesn't charge to talk to people.** Call Arizona probate attorney Richard C. Keyt at **480-664-7472** or email . [Book a Free Office, Phone or Zoom Consultation](https://www.keytlaw.com/calendar) Updated August 8, 2026, by [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/), Arizona probate attorney. This article is general information about Arizona law, not legal advice, and reading it does not create an attorney-client relationship. Dollar limits and procedures under A.R.S. § 14-3971 can change. Confirm the current statute and your specific facts with an Arizona probate attorney before signing any affidavit under oath. For more about Arizona probates go to our [probate articles page](https://www.keytlaw.com/arizona-probate-attorney/). #### Questions? Book a free meeting, email or call Arizona probate attorney Richard C. Keyt at 480-664-7472. He doesn't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ### Call or email Richard C. Keyt Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Probate Attorney | $5,000 Flat Fee | Richard C. Keyt](https://www.keytlaw.com/hire-arizona-probate-attorney/) **Published:** February 22, 2025 **Author:** Richard Keyt **Content:** ## Arizona Probate Attorney | $5,000 Flat Fee Arizona probate attorney [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) opens uncontested informal Arizona probates for a $5,000 flat fee, reimbursable by the estate. Call him at 480-664-7472. Richard provides the dedicated legal counsel necessary to streamline the probate process, resolve disputes, and ensure the final wishes of your loved one are honored with precision. Ricky and his father have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). [Book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar) with Ricky, call him or email him at rck@keytlaw.com. Hire an Arizona Probate Attorney | $5,000 Flat Fee | Richard C. KeytArizona Probate · Flat Fee · Statewide ## Hire an Arizona Probate Attorney for a $5,000 Flat Fee **Short answer:** Arizona probate attorney [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) of KEYTLaw, LLC in Scottsdale opens uncontested informal probates in **every Arizona county** for a **$5,000 flat fee**. The fee covers the entire uncontested informal probate from the petition through closing the estate, and the estate reimburses the personal representative for it. To hire him: (1) call 480-664-7472 or [book a free meeting](https://www.keytlaw.com/calendar), (2) submit the online [Probate Legal Service Agreement](https://www.keytlaw.com/az-probate/), and (3) pay $5,000 by check or card. The probate usually opens about one week later. Richard C. Keyt — "Ricky" — is an Arizona attorney and former CPA who represents personal representatives (called executors in other states) in Arizona Superior Court probates. His clients are the families of deceased Arizona residents and of non-residents who died owning Arizona real estate. Ricky and his father, [Richard Keyt](https://www.keytlaw.com/richard-keyt), have 309 five-star Google reviews and 424 five-star [Google, Facebook & Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680). He does not charge to answer your Arizona probate questions. Call him, email , or book a free office, phone or Zoom meeting. [Book a Free Office, Phone or Zoom Meeting](https://www.keytlaw.com/calendar) [Hire Us — Probate Agreement](https://www.keytlaw.com/az-probate/) ### Arizona probate at a glance Flat fee$5,000 for an uncontested informal Arizona probate, start to finish. Reimbursable by the estate.AttorneyRichard C. Keyt, Arizona attorney and former CPA · 480-664-7472 · WhereAll 15 Arizona counties. Office at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258. Meetings by phone or Zoom statewide.Time to openUsually about one week after we receive the signed agreement and payment.Time to closeAn informal estate generally cannot close by closing statement earlier than six months after the personal representative is appointed (A.R.S. § 14-3933). Most uncontested estates close in six to twelve months.ConsultationFree. There is no charge to talk to Ricky about Arizona probate.On this page - [Do you even need an Arizona probate?](#need) - [What an Arizona probate really costs](#cost) - [What the $5,000 flat fee includes](#included) - [How to hire us — 5 steps](#hire) - [What happens after you hire us](#after) - [Arizona probate deadlines that matter](#deadlines) - [Who can serve as personal representative](#pr) - [Informal, formal and supervised probate](#types) - [Counties and cities we serve](#counties) - [Why hire Richard C. Keyt](#why) - [Arizona probate FAQs](#faq) - [More Arizona probate resources](#articles) ## Do You Even Need an Arizona Probate? Many families call us and learn they do not need a probate at all. Ricky will tell you that for free rather than sell you a proceeding you do not need. **An Arizona probate is required only when the deceased person owned assets in their own name alone that exceed Arizona's small estate limits.** Arizona House Bill 2116 raised those limits effective September 26, 2025, and the new limits apply to affidavits filed on or after that date regardless of when the person died. Arizona small estate affidavit limits under A.R.S. § 14-3971, as amended by HB 2116 (effective September 26, 2025). Values are net of liens and encumbrances.Asset typeLimit (net of liens)Wait after deathProbate needed?Personal property (bank accounts, vehicles, brokerage accounts, personal effects)**$200,000** or less30 daysNo — use a small estate affidavitArizona real property (equity)**$300,000** or less6 monthsNo — use an affidavit of succession to real propertyPersonal property over $200,000, or real property equity over $300,000Above the limits—**Yes — probate is required**### Assets that never go through probate in Arizona Probate reaches only assets titled in the deceased person's name alone with no beneficiary. These assets pass outside probate no matter how large: - Assets titled in the name of a [revocable living trust](https://www.keytlaw.com/arizona-estate-plan-packages/). - Real estate that passes under a recorded [Arizona beneficiary deed](https://www.keytlaw.com/arizona-deed-preparation/) (A.R.S. § 33-405). - Real estate held in joint tenancy with right of survivorship or as community property with right of survivorship. - Bank and brokerage accounts with a pay-on-death (POD) or transfer-on-death (TOD) beneficiary. - Life insurance, IRAs, 401(k)s and annuities with a living named beneficiary. **Important:** a will does *not* avoid probate. A will is the instruction manual the probate court follows. If the deceased person owned Arizona assets over the small estate limits in their own name, those assets go through probate whether or not there is a will. The way to spare your family a probate is a properly funded revocable living trust — see our [Arizona estate plan package](https://www.keytlaw.com/arizona-estate-plan-packages/). ## What an Arizona Probate Really Costs Most Arizona probate lawyers bill by the hour, which means nobody — including the lawyer — can tell you the final bill at the start. We quote one number and stick to it. ItemTypical costWho paysKEYTLaw attorney's fee — uncontested informal probate, start to finish**$5,000 flat**Advanced by the personal representative, then reimbursed by the estateSuperior Court filing fee to open the probateRoughly $300, varies by county (see the [Maricopa County fee schedule](https://www.clerkofcourt.maricopa.gov/services/filings/filing-fees))EstateNewspaper publication of the notice to creditorsRoughly $100–$250EstateCertified copies of Letters of Personal RepresentativeA few dollars eachEstatePersonal representative's bond, if the court requires oneVaries with estate size; often waived by the will or by court orderEstateHourly Arizona probate lawyer (for comparison)Commonly $250–$450 per hour with no ceilingEstateArizona imposes **no state estate tax and no inheritance tax**. Federal estate tax applies only to very large estates. The $5,000 flat fee covers an uncontested informal probate. If an heir contests the will, an interested person objects to the appointment, or the estate requires litigation, a sale of real estate, or a formal or supervised administration, we will tell you before you spend a dollar and quote that work separately. ## What the $5,000 Flat Fee Includes The flat fee covers the entire uncontested informal probate from the day you hire us through the day the court discharges the personal representative: - Contacting the prospective personal representative, collecting the original signed will if one exists, and answering questions throughout the case. - Preparing and filing the application to open the probate and to appoint the personal representative. - If no will waives the bond, either preparing the documents to ask the court to waive the bond or helping the personal representative obtain one. - Explaining, in plain English, every legal obligation the personal representative owes to the heirs, the devisees, the creditors and the court. - Preparing and completing all notices of appointment and all creditor notices required by Arizona law and the Arizona Rules of Probate Procedure. - Helping the personal representative prepare a complete inventory of probate assets and of non-probate assets such as life insurance and retirement benefits. - Preparing all interim reports the probate court and the beneficiaries require during administration. - Preparing every report, notice, consent, receipt and accounting needed to close the estate and obtain a discharge of liability for the personal representative. - Counseling on any related question that arises out of administering the estate. ## How to Hire Us — 5 Steps ### 1 Get your questions answered free Call Arizona probate attorney Richard C. Keyt at **480-664-7472**. He does not charge to answer questions about Arizona probate law, and he will tell you honestly if you do not need a probate. ### 2 Or book a free meeting online Pick any open time on [Ricky's online calendar](https://www.keytlaw.com/calendar) for a free office, phone or Zoom video meeting. ### 3 Submit the online Probate Legal Service Agreement Complete our [Arizona Probate Legal Service Agreement](https://www.keytlaw.com/az-probate/). It takes a few minutes and gives us the facts we need to draft the petition. ### 4 Pay the $5,000 flat fee **By check:** make it payable to KEYTLaw, LLC and mail it to Richard C. Keyt, 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258. **By card:** pay with Visa, Mastercard, American Express or Discover on our [secure payment page](https://keytlaw.infusionsoft.com/app/orderForms/Probate), or call our legal assistant Michelle at 480-664-7413 and give her the card information. ### 5 Get reimbursed by the estate Once the probate opens and the personal representative controls the estate's assets, the estate reimburses the personal representative the $5,000. The fee is ultimately borne by the probate estate, not out of the personal representative's own pocket. [Start the Probate Agreement](https://www.keytlaw.com/az-probate/) ## What Happens After You Hire Us WhenWhat happensDay 1–2Michelle contacts the prospective personal representative, arranges to obtain the original signed will, and gathers the information needed for the application.About 1 weekWe file the application. The registrar issues the order appointing the personal representative and the Letters of Personal Representative — the document banks and title companies ask for.Within 30 days of appointmentNotice of the appointment goes to the heirs and devisees (A.R.S. § 14-3705).First weeksNotice to creditors published once a week for three consecutive weeks in a county newspaper, and mailed to known creditors (A.R.S. § 14-3801).Within 90 days of appointmentInventory and appraisement of the estate's probate assets prepared (A.R.S. § 14-3706).4 months after first publicationThe creditor claim window closes. Unpresented claims are barred (A.R.S. § 14-3803).6+ months after appointmentDebts, taxes and expenses paid, assets distributed to the heirs or devisees, receipts collected, and the closing statement filed. An informal estate cannot close by closing statement earlier than six months after appointment (A.R.S. § 14-3933).## Arizona Probate Deadlines That Matter - **Two years from the date of death.** Under [A.R.S. § 14-3108](https://www.azleg.gov/ars/14/03108.htm), a probate generally cannot be commenced more than two years after death, with narrow exceptions. Miss it and the personal representative's powers shrink to confirming title in the heirs. If someone died more than 18 months ago and owned Arizona real estate, call now. - **120 hours.** An heir must survive the decedent by 120 hours to inherit under Arizona's intestacy rules. - **30 days after death.** The earliest a successor may use a small estate affidavit to collect personal property of $200,000 or less. - **Five days after death.** Informal probate of a will generally may not be granted until at least five days after death (A.R.S. § 14-3302). - **Six months after death.** The earliest a successor may record an affidavit of succession for Arizona real property with equity of $300,000 or less. - **Four months / 60 days.** Creditors must present claims within four months after first publication, or within 60 days after mailed notice, whichever is later, or be forever barred (A.R.S. § 14-3803). ## Who Can Serve as Personal Representative Arizona law sets an order of priority for appointment (A.R.S. § 14-3203). In practice, priority runs: 1. The person named as personal representative in the deceased person's probated will. 2. The surviving spouse, if the will leaves property to that spouse. 3. Other devisees named in the will. 4. The surviving spouse, whether or not the will benefits them. 5. Other heirs of the deceased person. 6. Forty-five days after death, any creditor. Then the public fiduciary. A personal representative must be at least 18, must not have been found incapacitated, and takes on real fiduciary duties — collecting assets, keeping estate money separate, notifying creditors, filing final tax returns, keeping records, treating all beneficiaries impartially, and accounting to the court. A personal representative who mishandles the job can be held personally liable. That is the main reason to have a lawyer. ## Informal, Formal and Supervised Probate TypeWhen it appliesCourt involvement**Informal**Nobody objects, the will is valid on its face, and the applicant has priority. The large majority of Arizona probates.Handled by the court registrar. Usually no hearing.**Formal**The will's validity is disputed, the will is lost or damaged, heirs are unknown, or someone objects to who should serve.Judge decides after notice and a hearing.**Supervised**The court finds ongoing oversight necessary to protect the estate or the beneficiaries.The judge approves distributions and major actions throughout.Our $5,000 flat fee applies to uncontested informal probates. If your matter turns out to require a formal or supervised administration, Ricky will explain why and quote it before any additional work begins. ## Counties and Cities We Serve We open probates in **every Arizona county**: Apache, Cochise, Coconino, Gila, Graham, Greenlee, La Paz, Maricopa, Mohave, Navajo, Pima, Pinal, Santa Cruz, Yavapai and Yuma. Most of our personal representatives are settling estates of people who lived in Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, Queen Creek, Cave Creek, Fountain Hills, Avondale, Sun City, Sun City West, Surprise, Tucson, Flagstaff, Prescott, Sedona, Lake Havasu City and Yuma. You do not have to live in Arizona to hire us. We regularly represent out-of-state children settling a parent's Arizona estate, and we handle ancillary probates for non-residents who died owning Arizona real estate. Everything can be done by phone, email and Zoom. ## Why Hire Richard C. Keyt - **One price, no surprises.** $5,000 flat for an uncontested informal probate, not an hourly meter. - **Lawyer and former CPA.** Ricky handles the estate's tax questions and the court's legal questions without sending you to a second professional. - **A family firm with a long record.** KEYTLaw, LLC was founded by Richard Keyt, an Arizona attorney since 1979. Together the two attorneys hold 424 five-star [Google, Facebook and Birdeye reviews](https://birdeye.com/keytlaw-llc-147983304225680), including 309 five-star Google reviews. - **Free advice before you commit.** Ricky does not charge to talk to people. If your family can use a small estate affidavit instead of a probate, he will say so. - **Statewide, remote-friendly.** Office in Scottsdale, probates in all 15 counties, meetings by phone or Zoom. [Book a Free Office, Phone or Zoom Meeting](https://www.keytlaw.com/calendar) ## Arizona Probate FAQs ### How much does an Arizona probate attorney cost? KEYTLaw charges a $5,000 flat fee to handle an uncontested informal Arizona probate from the application through closing the estate. Most Arizona probate lawyers bill hourly at roughly $250 to $450 per hour with no cap. Court costs — a filing fee of roughly $300 and newspaper publication of roughly $100 to $250 — are additional and are paid by the estate. ### Is the $5,000 fee paid by me or by the estate? The personal representative advances the $5,000 so we can open the case. After the probate opens and the personal representative takes control of the estate's assets, the estate reimburses the personal representative in full. The economic cost falls on the estate, not on the person who steps forward to serve. ### How long does an Arizona probate take? We can usually open the probate and get the personal representative appointed about one week after we receive the signed Probate Legal Service Agreement and payment. Closing takes longer: creditors have four months after first publication to present claims, and an informal estate generally cannot close by closing statement earlier than six months after appointment. Most uncontested Arizona estates close in six to twelve months. ### Do I need a probate if there is a will? Often, yes. A will does not avoid probate — it tells the probate court who gets what. If the deceased person owned Arizona real estate with more than $300,000 of equity, or more than $200,000 of personal property, in their own name alone, a probate is required whether or not there is a will. ### What is the small estate limit in Arizona in 2026? Effective September 26, 2025, A.R.S. § 14-3971 allows a successor to collect personal property worth $200,000 or less, net of liens, by affidavit 30 days after death, and to transfer Arizona real property with equity of $300,000 or less by affidavit of succession six months after death. Before that date the limits were $75,000 and $100,000. The new limits apply to affidavits filed on or after September 26, 2025, regardless of the date of death. ### Is there a deadline to file probate in Arizona? Yes. Under A.R.S. § 14-3108, a probate proceeding generally must be commenced within two years of the date of death, subject to narrow exceptions for late-discovered assets and certain corrective proceedings. After two years the personal representative's powers are limited largely to confirming title in the successors. If someone died more than a year ago and owned Arizona real estate, do not wait. ### Can I do an Arizona probate myself? You can, and some people do. The risk is that a personal representative has fiduciary duties and can be held personally liable for missing a creditor notice, distributing to the wrong person, distributing before claims are resolved, or failing to file the decedent's final tax returns. Read our article on the [five risks of a do-it-yourself Arizona probate](https://www.keytlaw.com/do-it-yourself-arizona-probate/) before you decide. ### Does Arizona have an estate tax or inheritance tax? No. Arizona imposes neither a state estate tax nor an inheritance tax. Only the federal estate tax can apply, and only to very large estates. The estate may still need to file the decedent's final income tax return and, in some cases, a fiduciary income tax return. ### What happens if someone dies in Arizona without a will? The estate is intestate and Arizona's intestacy statutes decide who inherits — generally the surviving spouse and descendants first, then parents, then siblings. A probate is still required if the assets exceed the small estate limits. The court appoints a personal representative according to the priority order in A.R.S. § 14-3203. ### Do I have to live in Arizona to be the personal representative? No. An out-of-state person can serve as personal representative of an Arizona estate. We represent out-of-state clients regularly and handle the entire case by phone, email and Zoom. ### My parent lived out of state but owned a house in Arizona. What do I do? Arizona real estate held in the deceased person's own name is subject to Arizona probate jurisdiction even when the owner lived elsewhere. This is often handled as an ancillary probate alongside the home-state proceeding. We do these routinely — call Ricky at 480-664-7472. ### How do I avoid putting my own family through probate? Create and fully fund a revocable living trust. A trust-based Arizona estate plan keeps your home, accounts and investments out of probate, keeps your affairs private, and can protect each beneficiary's inheritance from that beneficiary's creditors, ex-spouse and bankruptcy court. See [what our Arizona estate plan includes and what it costs](https://www.keytlaw.com/arizona-estate-plan-packages/). ## More Arizona Probate Resources - **Start here:** [What Is Arizona Probate, When Is It Required & How to Avoid It](https://www.keytlaw.com/arizona-probate-law-faq/) - [Do You Need an Arizona Probate? A Guide by an AZ Probate Attorney](https://www.keytlaw.com/arizona-probate/) - [How to Do an Arizona Probate](https://www.keytlaw.com/do-an-arizona-probate/) - [Arizona Probate Without a Lawyer: 5 Risks of Going DIY](https://www.keytlaw.com/do-it-yourself-arizona-probate/) - [13 Costly Arizona Probate Mistakes & How to Avoid Them](https://www.keytlaw.com/avoid-arizona-probate-mistakes/) - [Arizona Small Estate Affidavit for Personal Property Under $200,000](https://www.keytlaw.com/arizona-small-estate-affidavit-personal-property/) - [Arizona Small Estate Affidavit for Real Estate Under $300,000](https://www.keytlaw.com/guide-how-to-use-az-small-estate-affidavit-real-property/) - [Hire Us to Prepare a Small Estate Affidavit](https://www.keytlaw.com/small-estate-affidavit/) - [Arizona Probate Attorney — main probate page](https://www.keytlaw.com/arizona-probate-attorney/) - [Wills, Trusts & Estate Planning Articles Library](https://www.keytlaw.com/arizona-wills-trusts-articles/) - Official source: [Arizona Revised Statutes Title 14 — Trusts, Estates and Protective Proceedings](https://www.azleg.gov/arsDetail/?title=14) and the [Maricopa County Superior Court Probate Department](https://superiorcourt.maricopa.gov/departments/superior-court/probate/) ## Questions? Talk to Arizona Probate Attorney Richard C. Keyt Free **Richard C. Keyt**, Arizona probate attorney and former CPA Direct phone: **480-664-7472** · Email: · [See his bio](https://www.keytlaw.com/richard-c-keyt) KEYTLaw, LLC · 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258 · Main office 480-664-7478 · Monday–Friday 8:00 a.m. to 5:00 p.m. [Book a Free Office, Phone or Zoom Meeting](https://www.keytlaw.com/calendar) [Hire Us — Probate Agreement](https://www.keytlaw.com/az-probate/) Updated August 8, 2026, by [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt), Arizona probate attorney and former CPA, KEYTLaw, LLC, Scottsdale, Arizona. This page is general information about Arizona probate law, not legal advice, and reading it does not create an attorney-client relationship. Statutory limits, filing fees and publication costs change. Confirm current figures with counsel or the Clerk of the Superior Court in the county where the probate will be filed. For more about Arizona probates go to our [probate articles page](https://www.keytlaw.com/arizona-probate-attorney/). #### Questions? Book a free meeting, email or call Arizona probate attorney Richard C. Keyt at 480-664-7472. He doesn't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard C. Keyt Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Probate Attorney | $5,000 Flat Fee | KEYTLaw](https://www.keytlaw.com/guide-how-to-use-az-small-estate-affidavit-real-property/) **Published:** April 19, 2025 **Author:** Richard Keyt **Content:** ## AZ Small Estate Affidavit: Real Estate Under $300k Exemption Arizona Small Estate Affidavit for Real Property (2026 Guide) — KEYTLaw by [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/), Arizona probate attorney · direct 480-664-7472 and email to . Updated August 8, 2026 to reflect the new $300,000 and $200,000 limits that took effect September 26, 2025. **Question:** I inherited Arizona real property. Can I get title to the land without going through an Arizona Superior Court probate? **Answer: Usually yes** — if the net value of all of the decedent's Arizona real property (assessor's full cash value minus liens) is **$300,000 or less**, and at least **six months** have passed since the death. Instead of a probate you file a short sworn document called an *Affidavit of Succession to Real Property* with the Superior Court, and then record the court's certified copy with the county recorder. That recorded affidavit is what moves title out of the dead person's name and into yours. What this article covers 1. [What changed on September 26, 2025](#changed) 2. [Two different affidavits — don't mix them up](#two) 3. [The six statements the affidavit must contain](#six) 4. [How to calculate the $300,000 — the number that trips people up](#value) 5. [Three worked examples](#examples) 6. [The eight-step process](#steps) 7. [When the affidavit will not work](#cannot) 8. [Seven mistakes that get affidavits rejected](#mistakes) 9. [The personal property affidavit ($200,000, 30 days)](#personal) 10. [The lesson every Arizona homeowner should take from this](#lesson) 11. [Frequently asked questions](#faq) 12. [How to hire us — $1,800 flat fee](#hire) ## What changed on September 26, 2025 For more than a decade Arizona's small estate limits sat at $75,000 for personal property and $100,000 for real property. Home values in Maricopa County blew past that ceiling years ago, which pushed thousands of simple, uncontested estates into a full probate nobody needed. The Arizona Legislature fixed it. Governor Hobbs signed **House Bill 2116** on March 31, 2025, amending [A.R.S. § 14-3971](https://www.azleg.gov/ars/14/03971.htm). The new limits apply to affidavits **filed on or after September 26, 2025**, regardless of when the person died. Arizona small estate affidavit limits under A.R.S. § 14-3971. Type of propertyOld limitLimit today Real property (land & buildings)$100,000**$300,000** Personal property (everything else)$75,000**$200,000** **The date-of-death timing rule matters.** The new caps are keyed to the *filing* date, not the date of death. If a parent died in 2022 and the family was told back then that the estate was too big for an affidavit, that answer may be wrong today. It costs nothing to have us re-run the numbers. One caution: the statute contains **no automatic inflation adjustment**. The $300,000 and $200,000 figures are hard numbers that will stay frozen until the Legislature amends the statute again. Do not assume they creep upward each year. ## Two different affidavits — don't mix them up A.R.S. § 14-3971 actually creates two separate procedures. They have different dollar limits, different waiting periods, and completely different filing mechanics. Families routinely need both. Real property affidavit § 14-3971(E)Personal property affidavit § 14-3971(B) CoversHouses, condos, vacant land, and debts secured by a lien on Arizona real propertyBank accounts, brokerage accounts, vehicles, jewelry, tools, personal effects Net value cap$300,000$200,000 Waiting period6 months after death30 days after death Where it goesFiled with the Superior Court, then the certified copy is recorded with the county recorderHanded directly to the bank, broker, transfer agent or MVD — no court filing Court feeYes — the county's standard filing fee (waivable under A.R.S. §§ 12-301, 12-302)None What proves it workedThe recorded certified affidavit changes title in the county recordsThe institution releases the asset The two caps are measured separately. An estate with a $280,000 house and $150,000 in bank accounts qualifies for *both* affidavits even though the combined estate is $430,000. There is no combined-total test. ## The six statements the affidavit must contain The affidavit must describe the real property and the decedent's interest in it, and swear that all six of the following are true and material. The signer also has to acknowledge that a false statement exposes them to **perjury and subornation of perjury** charges. This is a sworn court document, not a form to guess at. 1. **Value.** Either (a) no personal representative has been appointed and none is pending anywhere, and all of the decedent's Arizona real property, less liens and encumbrances, was worth $300,000 or less *at the date of death*; or (b) a personal representative was already discharged (or more than a year has passed since a closing statement was filed), and all of the decedent's real property *wherever located*, less liens, is worth $300,000 or less *as of the date of the affidavit*. 2. **Six months have elapsed** since the death, shown by a certified copy of the death certificate attached to the affidavit. 3. **Funeral expenses, last-illness expenses, and all unsecured debts** of the decedent have been paid. 4. **The signer is entitled to the property** — by allowance in lieu of homestead, exempt property or family allowance; by intestate succession as the sole heir or heirs; or by devise under a valid will, the original of which is attached to the affidavit or has already been probated. 5. **No other person has a right** to the decedent's interest in the described property. 6. **No federal estate tax is due** on the estate. **Note on item 6.** Older articles — including an earlier version of this page — say "no federal *or Arizona* estate tax is due." The statute only asks about federal estate tax, and **Arizona has no estate tax or inheritance tax at all**. For 2026 the federal estate tax exclusion is $15 million per person, so this requirement is a non-issue for the overwhelming majority of estates. ## How to calculate the $300,000 — the number that trips people up This is where most do-it-yourself affidavits go wrong, and it is also where most people give up too early. ### You do not use market value Forget Zillow. Forget your Realtor's comps. Forget the appraisal. The statute says the value of the decedent's interest "shall be determined from the **full cash value of the property as shown on the assessment rolls** for the year in which the decedent died." That is the county assessor's **full cash value (FCV)** — a number you look up for free on the county assessor's website by parcel number or address. In Maricopa County the assessor's FCV is frequently well below what the home would actually sell for. That gap works in your favor. ### You subtract liens at their date-of-death balance From the FCV you subtract liens and encumbrances. For a debt secured by a lien on the real property, the value is the **unpaid principal balance as of the date of death** — the mortgage, the HELOC, the reverse mortgage balance, a recorded judgment lien, delinquent property taxes, an HOA lien. ### You add up all Arizona real property, not just the house The test is the net value of *all* real property in the decedent's estate located in Arizona. The house in Mesa plus the vacant lot in Kingman plus the timeshare interest all count toward the same $300,000. And the statute expressly includes a **debt secured by a lien on real property** — so if the decedent was the seller carrying back a note secured by a deed of trust, that note is in the calculation too. ### What does not count Property that already passes automatically is not part of the calculation, because it never becomes part of the probate estate: - Real estate titled in a **revocable living trust** — the successor trustee simply signs a deed. No affidavit, no probate, no six-month wait. - Real estate covered by a recorded **Arizona beneficiary deed** under A.R.S. § 33-405 — title passes on death by recording the death certificate. - Real estate held in **joint tenancy with right of survivorship** or **community property with right of survivorship** — the survivor owns it outright. - Real estate located **outside Arizona** (under the first alternative in the statute). Out-of-state land usually needs its own procedure in that state. ## Three worked examples ### Example 1 — Qualifies comfortably Mom died in Scottsdale owning her home. The Maricopa County assessor's full cash value for the year of death was **$465,000**. The mortgage principal balance on the date of death was **$212,000**. She owned nothing else in Arizona. $465,000 − $212,000 = **$253,000 net**. Under $300,000. The affidavit works, even though the house would list for well over half a million dollars. ### Example 2 — Two parcels push it over Dad died owning a paid-off house in Sun City with an FCV of **$272,000** and five acres of raw land near Show Low with an FCV of **$61,000**. Nothing is mortgaged. $272,000 + $61,000 = **$333,000 net**. Over the cap. This estate needs an informal probate. There is no partial affidavit — you cannot affidavit the house and probate the land. ### Example 3 — The forgotten sibling The numbers work perfectly — $180,000 net. But the decedent left no will and had three children, and only one of them wants to sign the affidavit. Requirement 5 fails. Under intestate succession all three children are heirs, so **all three must sign**. If one refuses, or one cannot be located, or one is a minor, the affidavit route closes and probate opens. ## The eight-step process 1. **Wait six months.** The clock starts on the date of death. There is no hardship exception, no shortcut, and no way to sell the property to a third party in the meantime with clean title. 2. **Order certified death certificates.** You need a certified copy to attach to the affidavit — a photocopy will not do. Order several; the recorder, title company and any lender will each want one. 3. **Pull the assessor's full cash value** for the year of death, for every parcel the decedent owned in Arizona. 4. **Get date-of-death payoff figures** from every lienholder and confirm there are no recorded judgment liens, tax liens or HOA liens you missed. A title search is cheap insurance here. 5. **Pay the funeral bill, the last-illness bills and every unsecured debt.** You are swearing under oath that this is done. Do it before signing, not after. 6. **Prepare and sign the affidavit** with the exact statutory legal description of the property, attaching the certified death certificate and the original will if the decedent left one that has not been probated. 7. **File it with the Superior Court** in the county where the decedent was domiciled at death — or, if the decedent lived outside Arizona, in any county where the property sits. Pay the standard filing fee (waivable if you qualify under A.R.S. §§ 12-301 or 12-302). The probate registrar reviews the affidavit for completeness and issues a certified copy *without* the attachments. 8. **Record the certified copy** with the county recorder in the county where the real property is located. That recording is the event that changes title on the official records. Until it is recorded, nothing has legally happened. **What you get at the end:** the recorded certified affidavit operates as your deed. Title companies and lenders accept it, and you can then sell, refinance or transfer the property in your own name. ## When the affidavit will not work Some estates have to go through informal or formal probate no matter how simple they look: - **Net real property value exceeds $300,000.** No exceptions, no rounding. - **You cannot wait six months.** The house needs to be sold now, the mortgage is heading to foreclosure, or a buyer is under contract. An informal probate can appoint a personal representative in a matter of weeks, and that PR can sell immediately. - **Unsecured debts have not been and cannot be paid.** If the estate is insolvent, probate exists precisely to sort out who gets paid in what order. - **Anyone else has a claim.** A contested will, an omitted spouse or child, a disputed heirship, a pending lawsuit, a creditor asserting rights — requirement 5 fails. - **An heir is a minor or is incapacitated.** They cannot sign, and someone must be legally appointed to act for them. - **The will has not been probated and the original cannot be found.** A copy is not enough; the statute wants the original attached. - **Title is clouded.** A break in the chain of title, an old unreleased lien, or a boundary problem needs court oversight to clean up. ## Seven mistakes that get affidavits rejected 1. Using market value instead of the assessor's full cash value. People talk themselves out of a perfectly good affidavit because Zillow says the house is worth $520,000. The statute does not care what Zillow says. 2. Using the current mortgage balance instead of the date-of-death balance. If payments kept getting made after death, the balance dropped — which makes the net value higher and can push you over the cap. Use the number as of the date of death. 3. Filing on day 180-something without counting carefully. "Not sooner than six months." A registrar who counts and comes up one week short will reject it and you will pay the filing fee twice. 4. Leaving an heir off the affidavit. Every person entitled to the property must sign. Half-siblings, children from a prior marriage, and the descendants of a predeceased child all count under Arizona's intestacy statutes. 5. Using a street address instead of the legal description. The recorder indexes by legal description. "1234 E. Main St." is not a legal description and will not transfer title. 6. Forgetting the second parcel. The vacant lot, the mineral interest, the quarter-interest in grandpa's ranch. All of it counts toward the $300,000 and all of it has to be disclosed. 7. Filing the affidavit and stopping there. A filed affidavit sitting in the court file does nothing. It has to be recorded with the county recorder in the county where the land is located.## The personal property affidavit ($200,000, 30 days) Most families need this one too, and it is much easier. Thirty days after the death, if the net value of *all* the decedent's personal property wherever located is $200,000 or less and no personal representative has been appointed, the successor can present a signed affidavit directly to whoever holds the asset. No court, no filing fee, no judge. The affidavit must state that (1) 30 days have elapsed, (2) the $200,000 test is met and no PR is pending or appointed, (3) the signer is entitled to the property, and (4) funeral and last-illness expenses have been paid. The statute specifically directs that: - Banks and anyone holding tangible personal property, stock, or an instrument evidencing a debt must pay or deliver it to the successor. - A **transfer agent** must change the registered ownership of securities on the corporation's books. - The **Arizona Motor Vehicle Division** must transfer a vehicle title on presentation of the affidavit and payment of the fees. There is also a separate quick rule in A.R.S. § 14-3971(A): at *any* time after death, an employer must pay a surviving spouse up to **$5,000** in unpaid wages, salary or compensation on presentation of a simple affidavit. ## The lesson every Arizona homeowner should take from this Read back through what it takes: a six-month wait, an assessor lookup, lienholder payoff letters, every unsecured creditor paid, every heir located and cooperating, a court filing, a registrar's review, and a recording — and all of it available only if the numbers happen to land under $300,000. That is the *easy* path. It is what Arizona offers as a favor to families with modest estates. Compare it to what a **revocable living trust** does. Property titled in the trust is not in the probate estate. There is no $300,000 ceiling, no six-month wait, no affidavit, no registrar and no court. The successor trustee signs a deed and it is done — often within days of the funeral. **A will does not avoid any of this.** A will is a set of instructions *to* the probate court. If everything you own is a house worth more than $300,000 net and all you have is a will, your family is going through probate. That is the single most common and most expensive misunderstanding I see. And a trust does something the affidavit process can never do: it can leave each beneficiary's inheritance in an **irrevocable asset-protected trust**, so what you leave your children is shielded from their creditors, a future ex-spouse, and a bankruptcy court. An affidavit hands the house over free and clear — and everything that comes with being handed a house free and clear. Every [KEYTLaw estate plan](https://www.keytlaw.com/arizona-estate-plan-packages/) includes the revocable living trust, the certification of trust, healthcare and financial powers of attorney, a HIPAA authorization, a living will, the deed transferring your home into the trust, a designation of guardian for minor children, an assignment of personal property, and a personal property memorandum. ### Not sure whether you need an affidavit, a probate, or a trust? We will look at the numbers and tell you which one applies. There is no charge to talk to us. [Book a Free Office, Phone or Zoom Meeting](https://www.keytlaw.com/calendar) ## Frequently asked questions ### Is the $300,000 limit per property or for the whole estate? It is the combined net value of all of the decedent's Arizona real property, not a per-parcel limit. Two parcels worth $200,000 each do not qualify. ### Do I use the market value or the assessor's value? The assessor's full cash value shown on the assessment rolls for the year the decedent died. Market value, appraised value and Zillow estimates are irrelevant to the calculation. ### Can I use the affidavit if there is a will? Yes. You attach the original will to the affidavit, or the will must already have been probated. A photocopy is not sufficient. ### Do all of the heirs have to sign? Yes. The affidavit swears that no other person has a right to the decedent's interest, so everyone entitled to the property must sign. If one heir refuses, is a minor, is incapacitated, or cannot be found, you cannot use the affidavit. ### Can I sell the house before the six months are up? Not with clean title. Until the certified affidavit is recorded, title is still in the decedent's name. If you need to sell sooner, open an informal probate — a personal representative can be appointed in weeks and can sell immediately. ### Does the affidavit wipe out the mortgage? No. The mortgage or deed of trust stays on the property. You inherit the house subject to the loan, and the lender still has to be paid. ### What if the decedent lived in another state but owned Arizona land? File the affidavit in any Arizona county where the real property is located. Domicile in Arizona is not required. ### The person died in 2021 and we were told the estate was too big. Has that changed? Possibly. The new $300,000 and $200,000 limits apply to affidavits filed on or after September 26, 2025, regardless of the date of death. An estate that failed the old $100,000 test may pass today. ### What if the property is already in a trust or has a beneficiary deed? Then you do not need an affidavit at all. A successor trustee deeds trust property directly, and a beneficiary deed transfers title when the death certificate is recorded. ### Can I do both affidavits for the same estate? Yes, and most families do. The $300,000 real property cap and the $200,000 personal property cap are tested separately, with different waiting periods. ### What is the court filing fee? It is the county's standard probate filing fee and varies by county. It can be waived or deferred if you qualify under A.R.S. §§ 12-301 or 12-302. Our flat fee below covers the filing fee and costs. ### What happens if I get something wrong? At best the registrar rejects the affidavit and you refile and pay again. At worst you have sworn falsely in a court document, which the statute expressly ties to perjury and subornation of perjury — and an omitted heir or unpaid creditor can come after the property later. ## How to hire Arizona probate attorney Richard C. Keyt Richard C. Keyt will prepare the Affidavit for Succession to Real Property and/or Personal Property, file it with the appropriate Arizona Superior Court, and record the certified copy in the proper county for a flat fee of **$1,800, including costs and court filing fees**. To get started, complete and submit the questionnaire: - [Small Estate Probate Exemption Affidavit questionnaire](https://www.keytlaw.com/small-estate-affidavit/) — for real property and/or personal property Questions first? Call Richard C. Keyt at **480-664-7472**, email , or [book a free office, phone or Zoom meeting](https://www.keytlaw.com/calendar). He does not charge to talk to people. ### Related reading - [Arizona Probate: What It Is and How Long It Takes](https://www.keytlaw.com/arizona-probate-attorney/) - [Arizona Beneficiary Deeds and Special Warranty Deeds](https://www.keytlaw.com/arizona-deed-preparation/) - [What Is in a KEYTLaw Estate Plan — 36 Documents and Fixed Fees](https://www.keytlaw.com/arizona-estate-plan-packages/) - [Arizona Wills, Trusts & Estate Planning Articles Library](https://www.keytlaw.com/arizona-wills-trusts-articles/) This article explains Arizona law as of August 8, 2026 and is general legal information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Statutes change and the facts of every estate differ — talk to an Arizona probate attorney before relying on anything here. KEYTLaw, LLC, 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258 · 480-664-7478. For more about Arizona probates go to our [probate articles page](https://www.keytlaw.com/arizona-probate-attorney/). #### Questions? Book a free meeting, email or call Arizona probate attorney Richard C. Keyt at 480-664-7472. He doesn't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard C. Keyt Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Hire AZ Probate Attorney Richard Keyt | Client Questionnaire](https://www.keytlaw.com/az-probate/) **Published:** February 16, 2025 **Author:** Richard Keyt **Content:** ## Hire AZ Probate Attorney Richard C. Keyt | Client Questionnaire The first step to hiring former CPA Richard C. Keyt and his law firm KEYTLaw, LLC, to represent the personal representative of an estate in an Arizona probate court is for the personal representative (aka executor) to sign our Arizona Probate Legal Services Agreement that is below. The person who will be the estate’s personal representative must enter his or her information below and click on the Submit button at the end of the agreement. When you submit the Agreement, our system will immediately send the Agreement to us and the email address entered below. The second step to hire Richard C. Keyt to represent the personal representative in the probate is for the personal representative to pay our fee of $5,000 by sending a check payable to KEYTLaw, LLC, to 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258 or paying by a credit or debit card by going to [our secure online page](https://keytlaw.infusionsoft.com/app/orderForms/Probate). You may also call our legal assistant, Michelle, at 480-664-7413 and give her your card information over the phone. ## **Arizona Probate Legal Service Agreement** Effective Date of This Agreement(Required) ### Information about the Personal Representative Legal Name of the the Personal Representative Personal Representative's Mobile Phone Number(Required) Personal Representative's Mailing Address Street Address Address Line 2 City AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code Personal Representative's Email Address Enter Email Confirm Email ### Information about the Deceased Legal Name of the Deceased(Required) Deceased's Gender(Required) female male Deceased's Last Residential Address Street Address Address Line 2 City AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code County in Which the Deceased Resided at Time of Death(Required) Maricopa County Apache County Cochise Coconino County Gila County Mohave County Graham County Greenlee County La Paz County Navajo County Pima County Pinal County Santa Cruz County Yavapai County Yuma County Deceased Date?(Required) Date of Death?(Required) Deceased's Relationship to the Personal Representative(Required) Which Statement Applies to the Deceased Deceased did not have a Will Deceased had a Will and I have the original Will. I will mail the original Will to Richard C. Keyt, 8390 E. Via De Ventura F-110, Scottsdale, AZ 85258 or hand deliver the original Will to Richard at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ. Deceased had a Will and I have a copy of the Will, but I don't have the signed original Will. I will email a pdf file of the Will to rck@keytlaw.com or deliver a copy of the Will to Richard at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ Don't know if the deceased has a Will. ### Arizona Probate Legal Services Agreement Introduction Personal Representative desires to hire Arizona probate attorney Richard C. Keyt and the law firm of KEYTLaw, L.L.C. (the “Firm”) to represent him/her as the Personal Representative of the estate of the deceased person named above (the “Deceased”). After the Personal Representative completes and signs this Agreement the next step to hire Richard is to pay him $5,000 for his services. There are two ways to pay: (1) deliver a check payable to KEYTLaw, LLC, for $5,000. Mail your check to Richard C. Keyt, KEYTLaw, LLC, 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258. (2) Pay $5,000 by a credit card on our [secure online payment page](https://www.keytlaw.com/pay/). If you have any questions about this Agreement or Arizona probate law, call Arizona probate attorney Richard C. Keyt at 480-664-7472. Fee is Non-Refundable(Required) The entire amount you pay KEYTLaw, LLC, for fees and costs is nonrefundable, but you may nevertheless discharge KEYTLaw, LLC, and your KEYTLaw, LLC, attorney at any time and in that event you may be entitled to a refund of all or part of the fee based upon the value of the representation. If you are paying KEYTLaw, LLC, for services it will provide to an entity or another person you acknowledge the following: (i) our ethical duties of confidentiality and communications are owed to the entity or the other person, not to you, (ii) issues will be discussed only with authorized representatives of the entity or the other person, and (iii) you are not our client. You hired the Firm to prepare the documents to initiate an informal probate in the Arizona Superior Court in the county in which the deceased resided. 1. CLIENT & CONFLICT OF INTEREST(Required) KEYTLaw, LLC, (‘we”) will represent the Personal Representative in your capacity as the personal representative (“fiduciary”) of the estate of the Deceased. As the Personal Representative you will be our client. We do not represent you personally as a beneficiary and cannot because it would create a conflict of interest. We will inform you if an actual conflict arises that requires you to obtain independent counsel. As a fiduciary, you have a duty to collect the estate’s assets, pay the decedent’s debts, and perform other administrative duties that might arise, including distributing the assets in accordance with the Will or Arizona law of intestate succession if there is no Will. 2. SCOPE OF WORK(Required) We will advise you of the actions necessary to administer the probate. We will be responsible for preparing the papers to be filed with the Court to accomplish the complete administration of the decedent’s estate. We will investigate the facts, examine information, and coordinate the professionals needed to administer the estate. Using the information you give us, we will prepare and file the notices required for you to discharge your fiduciary duties. We will prepare the paperwork necessary to collect and distribute the assets of the estate. 3. EXCLUDED WORK(Required) We are not hired to provide any of the following services: Negotiating tax disputes with the IRS or Arizona Department of Revenue. 1\. Handling any dispute over decedent’s social security payments. 2\. Preparing any tax applications, returns, reports, or notices, except for applications to obtain a taxpayer identification numbers (Form SS-4), and notice of acting in a fiduciary capacity (Federal Form 56 and AZ Form 210). 3\. Preparing any financial accounting reports. 4\. Preparing any paperwork to collect assets located outside the state of Arizona. 5\. Transferring any assets that pass by operation of law. 6\. Handling any contested matter, we will not prepare, file, prosecute or defend the actions 7\. Any work not described in Section 2 above. 4. COSTS AND EXPENSES(Required) The fixed fee includes the initial filing fee with the Court, the costs to obtain two certified letters of Personal Representative, and the newspaper publication fee for the creditor’s notice. You agree to pay for all other actual out-of-pocket costs and expenses we incur on your behalf. Typical costs and expenses include out-of-state legal fees, filing fees, discovery and deposition charges, travel charges, certified copy fees, long-distance telephone calls, courier services, and delivery charges. We may elect to cover certain out-of-pocket costs and expenses on your behalf, but we reserve the right to seek reimbursement from you. You agree to reimburse us for such out-of-pocket costs and expenses. 5. FIXED FEE(Required) You must pay KEYTLaw, LLC, a fixed fee payment of $5,000 for fees, costs and expenses as referred to in the prior paragraph of this Agreement. If the probate involves any litigation or becomes contested or a formal or supervised probate, you will be required to replace Richard C. Keyt and KEYTLaw, LLC, by obtaining other legal counsel to represent you. The initial payment is earned upon receipt. 6. CLIENT’S RESPONSIBILITIES(Required) We cannot effectively represent you without your cooperation and assistance. You agree to cooperate fully with us and to promptly provide all information known or available to us that is relevant to the representation. Your obligations include timely providing requested information and documents, cooperating in scheduling and related matters, responding timely to telephone calls and correspondence, and informing us of changes in your address, telephone numbers and email address. It is important that you retain all communications from and to us, including emails and attachments to emails. The Firm will prepare a document called “Order to Personal Representative and Acknowledgment and Information to Heirs.” After the Probate Court signs this Order, the Firm will submit it to you for your signature, which is required by the Court. When you sign this Order, you will acknowledge receiving a copy of the Order and agree to be bound by its provisions, whether or not you read it before signing. This Order is a very important document because it is an order of the Court that imposes legal obligations on you with respect to your duties as Personal Representative of the Estate. Be sure to read the Order carefully and keep a copy of it handy for reference as the Probate progresses. If you have any questions about your duties or are uncertain about anything, please call Richard C. Keyt at 480-664-7472 or email him at rck@keytlaw.com. 7. TERMINATION OF REPRESENTATION AND POST-REPRESENTATION MATTERS(Required) When hired we will review your probate situation to determine if we will represent you. If we decline to represent you we will notify you and immediately return to you the money you paid us. Either party may terminate the representation at any time, subject to our obligations under the Rules of Professional Conduct and the approval of the court if the matter is litigated. Unless previously terminated, our representation will terminate upon the completion of the legal services described in Section 2. You are engaging us to provide legal services in connection with the specific matter identified in this agreement. Unless you retain us to provide additional advice or services, you understand we have no continuing obligation to represent you. If you request additional legal services outside the scope of those items identified in Section 2 or after the representation is completed or terminated, you agree to pay at the prevailing hourly rates for the requested legal services. If you discharge us before completion of the Work, you agree to pay the charges incurred by us in preparing, copying, and delivering your legal file. 8. DOCUMENT RETENTION(Required) Your legal file is all things you give us and all things we receive or create for you during my representation. We will return any original documents you give us, we create for you, or we receive on your behalf before or within a reasonable time after the completion of the Work or the termination of this agreement. The things we give you constitute your legal file, and you agree to take reasonable measures to safeguard your own legal file. Upon completion of the Work, we will have no ongoing obligation to retain or maintain your file and any retained working copies are for our benefit. We intend to give you copies of all papers as we proceed and you are expected to retain those copies as your legal file. 9. ELECTRONIC FILES(Required) You agree that we may maintain your records electronically and by use of digital images. We do not retain paper copies of documents, unless required by rule or statute. During our engagement, you may obtain paper copies of documents in your file upon request to us, with reasonable notice. We reserve the right in the course of our discretion to charge a reasonable fee for making paper copies, including a per page charge not to exceed $0.30 per page for the cost of paper, toner, equipment charges and an hourly rate for a legal assistant to perform the copying and assembling at the legal assistant’s then hourly rate as provided in Section 4. 10. ELECTRONIC COMMUNICATIONS(Required) We communicate from time to time with clients via mobile telephone, SMS texts and email. No form of communication is completely secure and these forms of communication have some risk of improper interception even though we maintain reasonable security measures to assure the confidentiality of your information. We retain many file documents in electronic format only and these may be stored on a separate third-party server. Accordingly, unless you instruct us that you prefer to receive only a paper copy in the mail and do not wish to communicate by email, we will send you each document that is relevant to your case by email as a scanned document in “pdf” format. You are responsible for providing us with an email address that you want me to use for correspondence related to the representation. You should check that email address regularly. We will assume that third parties (e.g., employers or family members) do not have access to that email address so you can receive confidential correspondence from us at that address. We also will assume that you are receiving and reviewing my emails at that address unless you alert us to an issue. Please be certain that your email filters do not block emails from our office and that the allowable size of incoming emails is sufficient to accept emails from us with attachments. 11. COMMUNICATIONS(Required) We will try to return your phone calls within 1 business day. We encourage email communication. A legal assistant may return your communication, if appropriate. We will not communicate confidential information about the representation to third persons, including your advisors or family members, unless you specifically direct us to do so. 12. ARBITRATION OF FEE DISPUTES(Required) If a dispute arises between you and us regarding our fees, the parties agree to resolve that dispute through the Arizona State Bar’s Fee Arbitration Program. Either party may initiate fee arbitration by contacting the State Bar’s Fee Arbitration Coordinator at 602.340.7379. 13. NO ADVICE REGARDING THIS FEE AGREEMENT(Required) We are not acting as your counsel with respect to this agreement. If you wish to be advised on whether you should enter into this agreement, we recommend you consult with independent counsel of your choice. 14. CLOSING(Required) If the terms described in this Agreement are acceptable, please sign your name below and then pay the $5,000 to KEYTLaw, LLC. You can pay the $5,000 by a credit card on our [secure online payment page](https://keytlaw.infusionsoft.com/app/orderForms/Probate/). The estate can reimburse you for the fee you pay us so it comes out of the estate's pocket, not yours. When you sign and click on the Submit button below our system will send you an email that contains all the text in this Agreement. Your Consent to the Above Terms & Conditions(Required) I agree to be legally bound by the above contract. Check the box to agree to be legally bound by the terms and conditions set forth in the above contract. Personal Representative's Signature(Required) ![Clear Signature](data:image/png;base64,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) Sign your name please. Submit Save & Continue --- ### [Arizona LLC Guide: How to Form an LLC in AZ | KEYTLaw](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) **Published:** March 6, 2026 **Author:** Richard Keyt **Content:** # Arizona LLC Guide: How to Form an LLC ## Form an LLC to Protect Your Assets from Business or Real Estate Liabilities **Written & Reviewed by Arizona LLC Attorneys Richard Keyt & Richard C. Keyt, CPA** *Richard Keyt formed the very first LLC in Arizona in October of 1992 the day Arizona’s LLC law took effect. Since 2001 our firm has formed more than 10,000 Arizona LLCs and earned over 400+ 5-star reviews.* To form an LLC in Arizona, you must file Articles of Organization with the Arizona Corporation Commission (ACC), appoint a statutory agent with a physical Arizona address, and pay a one-time state filing fee ($50 standard or $85 expedited). Unlike most states, Arizona does not require an annual report or recurring annual state fees. While filing the basic paperwork is straightforward, structuring an LLC to truly protect your personal assets, real estate, and life savings requires careful legal planning—especially when drafting your Operating Agreement. Whether you want to form an LLC yourself using our **[Step-by-Step DIY Guide below](https://www.keytlaw.com/form-arizona-llc/)**, or hire our attorneys to build a **[bulletproof, confidential](https://www.google.com/search?q=%23llc-packages)** that keeps your name and address off Arizona’s public records, this comprehensive resource covers everything you need to know to get started in Arizona. ![](https://www.keytlaw.com/wp-content/uploads/2026/03/form-llc-1024x559.png "- KEYTLaw") ## List of Services Described Below Click on blue text to go to that section below or scroll down to see the all of the sections. - [**Arizona Corporation Commission’s new website links**](#one) - [**Forming Arizona LLCs & PLLCs**](#two) - [**Our 3 LLC Formation Packages**](#three) - [**Hire Us to Form an Arizona LLC**](#four) - [**LLC Articles**](#llc) - [**Arizona LLC Operating Agreements**](#five) - [**Multi-Member LLC Buy-Sell Agreements: A Must Have Document**](#must) - **[Hire Us to Add or Remove an LLC Member](#six)** - **[Hire Us to Change Address or Amend Articles of Organization](#sixa)** - **[Form an Arizona LLC owned by an IRA to Own R](#seven)[eal Estate & Non-traditional Assets](#seven)** - [**Hire Us to Form a WY, DE or NV LLC**](#eight) - [**Hire us to be your LLC’s statutory agent for $99/year and/or Use Our Address for $100/year**](#nine) - [**Hire Us to Dissolve an Arizona LLC**](#ten) ## Arizona Corporation Commission's Business Center Website Links - [Links to the Arizona Corporation Commission’s new website](https://www.keytlaw.com/arizona-llc/) where you can: (1) search for information about existing entities, (2) see if a desired LLC name is available, (3) create an ACC account, (4) login to your account, (5) form an LLC, (6) see the ACC fees, and (7) see the processing times. ## Forming & Operating Arizona LLCs & PLLCs ### **The Arizona LLC Blueprint: Why Professional Guidance Matters** Choosing to form a Limited Liability Company is a foundational step in protecting your personal & business assets and rental real estate. However, in Arizona, the “standard” filing is rarely enough to provide true legal bulletproofing. While the internet is full of “instant LLC” services, they often overlook the nuances of Arizona’s unique statutes—specifically regarding **Operating Agreements and member-managed vs. manager-managed structures.** A mistake at the formation stage can lead to “piercing the corporate veil” later, leaving your personal home and savings at risk. Richard Keyt formed the first LLC in Arizona on the day the law became effective in October of 1992. Rick’s spent 34 years documenting the complexities of Arizona business law so that entrepreneurs like you can make informed decisions. Below, you will find a comprehensive library of articles covering every stage of the LLC lifecycle—from forming an LLC to complex multi-member governance. **Knowledge is power, but execution is everything.** Explore the resources below to learn about the process. When you are ready to ensure your company is built on a rock-solid legal foundation, we are here to handle the heavy lifting. We don’t just “file paperwork”; we architect legal structures designed to protect your assets and your legacy. ## Our 3 Arizona LLC Formation Packages See a [detailed description](https://www.keytlaw.com/llc-contents/) of the 8 Bronze LLC services ($497), the 15 Silver LLC services ($897) and the 22 Gold LLC services ($1,397) you get for each of our three formation packages. The Gold LLC, aka the confidential LLC, includes a revocable living trust that **keeps your name and address off the Arizona Corporation Commission’s records**. The trust can own any of your assets, including your home, bank accounts, investment accounts & LLCs. On your death or the death of the second spouse, if you are married, the assets in the trust pass automatically to the person or people named in your trust agreement without an expensive, time-consuming public Superior court probate. **Contents & Prices of Our LLC Formation Packages** Submit our [LLC Formation Questionnaire](https://azllc.com/llcq) to buy a new LLC. ## How to Form an LLC in Arizona (2026 Guide) | KEYTLaw - **Hire Us to Form an LLC or PLLC**: Submit this [LLC Formation Questionnaire](https://azllc.com/llcq/) to hire us to form your Arizona LLC or PLLC within 24 hours of you approving the questionnaire and paying the fee. - **Keep your name & address off the ACC’s public records with our Gold LLC that includes a confidential revocable living Trust that is the Member of yhe LLC**: If your Gold LLC will have more than one member and the additional member wants to keep his or her name and address off of the public records of the Arizona Corporation Commission then that person needs to hire us to prepare a confidential revocable living trust that will own that member’s interest in the new LLC by submitting our [Confidential Trust Questionnaire](https://www.keytlaw.com/azllclaw/ct-questionnaire/). This trust keeps the ultimate owner’s name off the Arizona Corporation Commission’s public website if the name of the new trust does not contain the ultimate owner’s name. This trust can also own any of the member’s other assets. All assets in the trust avoid probate on the member’s death. ## LLC Articles - [Complete guide to forming and operating an LLC](https://www.keytlaw.com/form-arizona-llc/) - [How to Get an Arizona LLC](https://www.keytlaw.com/azllclaw/forming-llcs/how-to-form-an-arizona-llc/) - [Forming an Arizona LLC Frequently Asked Questions](https://azllc.com/llc-faq/) (FAQ) - [Complete Guide to Operating and Managing Your Arizona LLC](https://www.keytlaw.com/operating-arizona-llc/) - [Arizona Corporation Commission LLC Website Links](https://www.keytlaw.com/arizona-llc/) - [LLC articles written by the Keyts](https://www.keytlaw.com/azllclaw/toc/) - Our [LLC blog](https://www.keytlaw.com/azllclaw/blog/) - Get our free [15 common LLC mistakes](https://www.keytlaw.com/azllclaw/mistakes/) article ## Arizona LLC Operating Agreements - Protect Yourself: [19 Ways You Can Be Harmed if Your LLC Lacks a Well Written Operating Agreement](https://azllc.com/oa/) - **How to Buy a Custom Operating Agreement**: To hire us to prepare a custom Operating Agreement or amend an existing Operating Agreement for your Arizona LLC submit our [Operating Agreement Questionnaire](https://azllc.com/oaq/) ## Multi-Member LLCs Need a Buy-Sell Agreement - **What is a Buy -Sell Agreement & Why Do Multi-Member LLCs Need It?** A Buy-Sell Agreement is LLC members’ exit strategy when something bad happens. Without a Buy Sell Agreement members of an AZ LLC are stuck with each other for perpetuity when a bad event occurs. A Buy-Sell Agreement gives the company and members an option to buy or may require them to buy the membership interest of a member who dies, steals from the LLC, files for bankruptcy, gets divorced and the wrong spouse ends up owning the divorced member’s interest, is convicted of a felony or suffers any other triggering event stated in the Buy-Sell Agreement. What would you do if your co-member died and his membership interest was inherited by his two minor children? Our Buy-Sell Agrement Questionnaire linked to below contains 19 possible triggering events you can select. You can also add your own triggering events. - **How to Hire Us to Prepare a Custom Buy-Sell Agreement for multi-member LLCs.** Submit our [Buy Sell Agreement Questionnaire](https://azllc.com/bsaq/). - [Why Multi-Member LLCs Should Have a Buy Sell Agreement](https://www.keytlaw.com/azllclaw/get-bsa/) - **See events that can trigger a buy out.** The purpose of a Buy Sell Agreement or Buyout Agreement is to name events the occurrence of which gives the company and other members an option to buy or require them to buy the membership interest of a member that causes or suffers one of the events (called a “triggering event”). See [Common Events that Can Trigger a Buy Out](https://azllc.com/events/) ## Hire Us to Add or Remove a Member of an Arizona LLC - [How to Add or Remove a Member of an Arizona LLC](https://www.keytlaw.com/azllclaw/changing-members/adding-or-removing-a-member) - [Requirements of Arizona law to add or remove a member of an Arizona LLC](https://www.keytlaw.com/azllclaw/operating-llcs/llc-member-requirement/) - **How to hire us to prepare the documents to add or remove one or more members of an Arizona LLC**. Submit our [Member Change Questionnaire](https://azllc.com/changeq) We will also prepare and file Articles of Amendment to the Articles of Organization with the Arizona Corporation Commission - **How to document a member change.** Members who are being removed should sign an Assignment of Membership Interest Agreement. This is the document that transfers the outgoing member’s membership interest to whoever is acquiring the membership interest. If the company is member managed it must file an Amendment to its Articles of Organization with the Arizona Corporation Commission to add new members and/or remove former members. If the company is manager managed it must file an Amendment to its Articles of Organization if there is an addition or removal of any member who owned or will own 20% or more of the profits of the company. If the company is manager managed and any manager is added or removed the company needs to amend its Articles of Organization to reflect the change. Whenever there is a change in members or managers the parties should sign an amended Operating Agreement to reflect the changes. You can purchase all of these documents using our questionnaire. ## Hire Us to Change Address or Amend Articles of Organization - Hire us to change an LLC or PLLC’s principal address or the address of a member or manager on the records of the Arizona Corporation Commission. Submit our [LLC, Member & Manager Address Change Questionnaire](https://www.keytlaw.com/azllclaw/address-change/). - Hire us to amend the Articles of Organization of an Arizona LLC or PLLC. Submit our [Amending Articles of Organization Questionnaire](https://www.keytlaw.com/azllclaw/aaoo-q/) – Use this to change the name of an LLC or PLLC or to add or remove a member or manager. ## Form an Arizona LLC Owned by an IRA to Own Real Estate & Non-traditional Assets - **How to hire us to form an IRA LLC**. Submit our [IRA LLC Formation Questionnaire](https://www.irallcs.com/qaz/) to hire us to form your Arizona IRA LLC within 24 hours of you approving the questionnaire and paying the fee. - **Six steps to do before submiting an IRA LLC formation questionnaire.**. [How to Hire IRA LLC Attorney Richard Keyt to Form an IRA LLC](https://www.irallcs.com/2013/07/form-ira-llc/) - [How to Invest Self Directed IRA Funds in a Limited Liability Company & Make Nontraditional Investments](https://www.irallcs.com/2013/08/form-self-directed-ira-llc/) - [Can I Form an Arizona IRA LLC & Do Business or Own Real Estate in Another State](https://www.irallcs.com/2013/07/registering-ira-llc-to-do-business/) - [What you get if you hire us to form an IRA LLC](https://www.irallcs.com/contents/) - [Our IRA LLC blog](https://www.irallcs.com/blog/) ## Hire Us to Form a Wyoming, Delaware or Nevada LLC - Submit our [Wyoming LLC Formation Questionnaire](https://www.keytlaw.com/azllclaw/wyllcq/) to hire us to form a Wyoming LLC. - Submit our [Delaware LLC Formation Questionnaire](https://www.keytlaw.com/azllclaw/dellcq/) to hire us to form a Delaware LLC. - Submit our [Nevada LLC Formation Questionnaire](https://azllc.com/llcqnv/). to hire us to form a Nevada LLC ## Hire Us to Be Your Arizona LLC's Statutory Agent - Submit our [Statutory Agent Questionnaire](https://www.keytlaw.com/arizona-statutory-agent/).. The fee is $99/year - Submit this [Address Service Questionnaire](https://www.keytlaw.com/azllclaw/addressq/) to buy our address service for $100/year to keep your address off the public records of the Arizona Corporation Commission ## Hire Us to Dissolve an Arizona LLC - Read “[What You Need to Know Before Dissolving an Arizona Limited Liability Company](https://www.keytlaw.com/azllclaw/terminating-llcs/how-to-terminate-an-az-llc/).” - To hire us to dissolve your Arizona LLC submit our [LLC Termination Questionnaire](https://www.keytlaw.com/azllclaw/termination-questionnaire/) **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) #### Questions? Book a free meeting or call or email one of our Arizona attorneys. We don't charge to talk to people. ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [How to File Arizona LLC Articles of Organization Online](https://www.keytlaw.com/arizona-llc-articles-of-organization/) **Published:** August 1, 2026 **Author:** Richard Keyt **Content:** # How to File Arizona LLC Articles of Organization Online This step-by-step guide explains how to form an Arizona LLC by filing Articles of Organization online through the Arizona Corporation Commission’s Arizona Business Center. It walks you through every screen, including choosing and checking your LLC name, entering addresses, selecting a member-managed or manager-managed structure, identifying the members and managers, appointing a statutory agent, adding the organizer and authorized filers, reviewing the filing, and paying the filing fee. You will also learn how to avoid common filing mistakes, protect your home address from becoming a public record, determine whether newspaper publication is required, and download your approved Articles of Organization. Finally, the guide explains what you must do after ACC approval—including preparing an Operating Agreement, obtaining an EIN, opening a separate bank account, transferring assets to the LLC, and maintaining the company as a separate legal entity. By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 423 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). **Updated August 3, 2026, by [Richard Keyt](https://www.keytlaw.com/richard-keyt), Arizona LLC attorney** How to File Arizona LLC Articles of Organization Online with the Arizona Corporation CommissionArizona LLC Law ## How to File Arizona LLC Articles of Organization Online with the Arizona Corporation Commission By Arizona LLC attorney Richard Keyt, who has formed 10,000+ Arizona limited liability companies since 1979. Arizona does not have a paper-only filing system anymore. If you want to form an Arizona limited liability company, a professional limited liability company (PLLC), or a corporation, you do it online through the Arizona Corporation Commission's Arizona Business Center portal at [arizonabusinesscenter.azcc.gov](https://arizonabusinesscenter.azcc.gov/). This article walks you through every screen, in order, so you know exactly what the Commission is going to ask you and what to type in each field. ## What's on this page 1. [Log in to your ACC account](#step1) 2. [Start the Business Formation filing](#step2) 3. [Choose and check your LLC name](#step3) 4. [Enter the business address, duration and character of business](#step4) 5. [Enter the principal address](#step5) 6. [Pick the management structure and add the principals](#step6) 7. [Name your statutory agent](#step7) 8. [Choose who drafts the Articles of Organization](#step8) 9. [Add the organizer](#step9) 10. [Review, sign and affirm](#step10) 11. [Opt in or out of Authorized Filers](#step11) 12. [Pay the filing fee](#step12) 13. [Download your Articles of Organization](#step13) 14. [What still has to happen after the ACC approves your LLC](#after) 15. [Frequently asked questions](#faq) 1## Log in to your ACC account You must have an ACC account to form an LLC, a PLLC or a corporation. If you don't have one yet, create one before you start. 1. Enter the email address for your ACC account. 2. Enter the password for your ACC account. 3. The ACC sends an email to that address containing a **six digit number**. 4. Enter that number on the ACC's two factor authentication page. You are now logged in to your ACC account. Practice tipUse an email address you will still control in ten years, and one that more than one person at the company can reach. This is the address the Commission uses to send you the six digit login code, and later to send official notices. People lose control of an LLC's ACC account far more often than you would think. 2## Start the Business Formation filing 1. Click on `Filings` in the left column. 2. Click on `Business Formation`. 3. Select `Domestic` for the Business Type and click `Next`. 4. Click on `Domestic limited liability company`. 5. Select `Domestic LLC` or `Domestic PLLC`, depending on the type of entity you want to form. Click `Next`. LLC or PLLC?**Domestic** means the company is formed under Arizona law. A **PLLC** is for licensed professionals — doctors, dentists, lawyers, accountants, architects, engineers and similar professions regulated by an Arizona licensing board. If you are not rendering a licensed professional service, form a regular LLC. 3## Choose and check your LLC name The next screen asks whether you reserved the LLC name. Check `Yes` or `No`, whichever is appropriate. If you selected `No`, type the name you want for your LLC and add an appropriate identifier after the name. The acceptable identifiers are listed above the name field. Then click `Check Availability`. - If you get the message *"The name you have entered is not available. Please choose another name and search again,"* enter a different name and click `Check Availability` again. - If you get the message *"Based on the initial search, it appears the name is available,"* click `Next`. Read this before you fall in love with a nameNote the word **"appears"** in the ACC's message. The availability check only tells you the name is not too similar to another name already on file with the Arizona Corporation Commission. It is **not** a trademark search. Getting a name approved by the ACC does not give you the right to use it, and it does not protect you from a trademark owner who was using that name first. If the name matters to your business, search the U.S. Patent and Trademark Office database and the Arizona Secretary of State trade name database before you file. 4## Enter the business address, duration and character of business Enter the LLC's business address. The business email address is where correspondence from the ACC may be sent. When you get the message *"Acknowledgment. By providing a business email address, the business consents to receiving official notices from the ACC to that email address,"* click `I agree`. ### Period of Duration Leave the Period of Duration set to **perpetual** unless you want the LLC to die on a stated date that you enter. ### Character of Business In the Character of Business field, enter **`999999 any legal purpose`**. If you want to limit what the LLC can do, then enter the type of business in this field instead. Why I use "any legal purpose"Businesses change. If you type "landscaping services" in this field and three years later the company starts buying rental homes, you have created an argument that the second activity was outside the company's stated purpose. Unless you have a specific reason to restrict the LLC — for example, a lender or a licensing board requires it — leave the purpose broad. Click `Next`. 5## Enter the principal address Enter the LLC or PLLC's principal address. The principal address is the primary location where the company will operate or manage its affairs. Although Arizona LLCs can have a principal address anywhere, the general understanding is that this is the principal place of business. You have an option here to name a member or manager of the entity. There is also a check box if you want to enter a different mailing address than your principal address (physical address). If you check the box, enter the additional mailing address. Privacy warningEverything you type into the Articles of Organization becomes a permanent public record that anyone in the world can pull up on the ACC website in about fifteen seconds. If you use your home address as the principal address, your home address is now public and is going to end up on dozens of data broker sites. Use a business address, a mailbox service address, or the address of a commercial statutory agent if you would rather not publish where you sleep. Click `Next`. 6## Pick the management structure and add the principals Select the management structure, which is either **member managed** or **manager managed**. Then click `Add Principal`. Principal information refers to the principals of your business. For LLCs, these are the members (owners) and/or the managers of your LLC. ### The Principal Information page On the Principal Information page, enter the `Title` and the `Principal Type`. - If the Principal Type is **Individual**, enter the first and last name of the person. Middle name and suffix are optional. - If the Principal Type is **Business**, enter the business name. You have the option to enter the name of a person associated with the business. - You must enter the address of the person or the business. You can check `Same as Business Address` to use the business's address for that person or entity. Click `Save Principal`. You will get a blank screen. Enter the information for any additional members or managers. When all members and managers have been entered, click the `Next` icon. ### If you selected manager managed If you selected **Manager Managed** in answer to the Management Structure question, click `Add Principal`. In the Title field, select `Member`, `Manager` or `Member & Manager` for each principal. The rest is the same: if the Principal Type is Individual, enter the first and last name of the person (middle name and suffix optional). If the Principal Type is Business, enter the business name, optionally the name of a person associated with the business, and the address of the person or the business. You can check `Same as Business Address`. Click `Save Principal`. This is the choice people get wrong most oftenMember managed means every member has the actual authority to bind the company — to sign contracts, open accounts and borrow money — whether the other members like it or not. Manager managed means only the named manager or managers have that authority. A single member LLC is usually fine either way. A multi member LLC where one person is going to run the business, or where some members are passive investors, should almost always be **manager managed**. Getting this backwards means a silent 10% owner can sign a lease in the company's name and the company is stuck with it. Click `Next`. 7## Name your statutory agent You are now on the statutory agent page. Select one of two options: - **I (the submitter) will be the Statutory Agent for this business**, or - **Another person or business will be the Statutory Agent for this business.** If you select the second option, you are asked to search for that name. Click the `Search` button. You will get two choices: 1. **Select from Existing List** — if the name is already in the ACC's statutory agent list, or 2. **Create New**. Select the appropriate choice and enter the statutory agent information. What the statutory agent actually doesThe statutory agent is the person or company the world serves with lawsuits and official notices. The agent must have a physical Arizona street address — no post office boxes — and must accept the appointment. When the LLC is formed online, the agent accepts the appointment through the Arizona Business Center dashboard, which is a good deal faster than the old paper acceptance form. The county where your statutory agent is located also controls whether you have to publish a newspaper notice. If your statutory agent's address is in **Maricopa County or Pima County**, the Commission publishes the notice for you and you have nothing to do. If the agent is in any other Arizona county, the LLC must publish a notice of its Articles of Organization in an approved newspaper for three consecutive weeks within 60 days after approval. Need a statutory agent?We offer a statutory agent service for $99/year. To hire us submit our [Statutory Agent Questionnaire](https://www.keytlaw.com/azllclaw/saq/). 8## Choose who drafts the Articles of Organization On the Upload Documents page, select either: - **I would prefer the office to generate the necessary filing documents**, or - **I would like to provide my own documents for the filing.** We recommend you use the ACC's generated Articles of Organization. Why let the ACC generate the documentTwo reasons. First, the Commission's own form will never be rejected for a formatting or content defect, because the Commission wrote it. Second — and this is the one that costs people money — if you upload your own document, the filing no longer qualifies for the ACC's same day electronic approval. Uploading your own Articles slows you down and buys you nothing. Click `Next`. 9## Add the organizer Click `Add Organizer`. The person who submits the online information to form the entity is the organizer. Select `Individual` or `Business`, then enter the information for the organizer. Click `Save Organizer`, then click `Next`. The organizer does not have to be a member or a manager of the LLC. The organizer is simply the person forming the company. When an Arizona LLC attorney forms the company for you, the attorney or the law firm is typically the organizer. 10## Review, sign and affirm You are now on the review page. Read every screen of it. This is the last chance to catch a misspelled member name or a wrong address before the document becomes a permanent public record. If everything is correct, scroll down to **Signature & Affirmation**. Enter all the information, then check the box for: *"I affirm, under penalty of perjury, that information provided is accurate to the best of my knowledge, and that I have authority to submit this filing."* "Under penalty of perjury" is not boilerplateRead that sentence again. You are swearing to the accuracy of the filing and to your authority to make it. Do not check that box on behalf of a company you have not been authorized to act for. 11## Opt in or out of Authorized Filers You can select one or more authorized filers. Authorized Filers is an optional security feature that helps safeguard your business from unauthorized filings. Opting in allows you to designate specific individuals who are authorized to file on behalf of your business. Opting out means that any person will be able to submit filings for your business. Select one, or none, of the two radio buttons: Choice What it means **Opt In** Only Authorized Filers can complete transactions for this business. By opting in, only your Arizona Business Center account will be able to make future online filings on behalf of the business. Once you have opted in, you can return to your dashboard to add, change or remove additional Authorized Filers. **Opt Out** Anyone can complete transactions for this business. Opt inBusiness identity theft through fraudulent state filings is a real and growing problem. A bad actor files a Statement of Change naming himself the manager of your LLC, then walks into a bank with the ACC record. Opting in closes that door for the cost of one mouse click. Just remember that if you opt in and later lose access to that Arizona Business Center account, restoring your ability to file takes time. 12## Pay the filing fee Select `Add to Cart` and pay the filing fee: Service Fee Timing Regular review **$50** Standard queue Expedited review **$85** Can be same day if the statutory agent accepts the appointment The $85 expedited figure is the total — the $50 Articles of Organization fee plus a $35 expedite charge. Same day approval depends on the statutory agent accepting the appointment through the Arizona Business Center dashboard, so if speed matters, tell your agent to watch for the email. 13## Download your Articles of Organization Once the Commission approves the filing, get a copy of the approved document and put it somewhere you will find it again. 1. Go to the dashboard on the left column of the ACC's page and click on `Search`. 2. Click on `Business Search`. 3. Enter the name of your entity and click `Business Search`. 4. Look for the name of your entity in blue underlined text and click on the link to your entity. 5. Scroll down to **Filing History**. You will see the date and time your Articles of Organization were filed. 6. On the far right there is a download icon under **View Document**. Click on the download icon. 7. Download the Articles of Organization and save it on your computer. Where to keep itYour bank will ask for this document when you open the LLC's account, and so will title companies, lenders and anyone doing due diligence on the company. Save the PDF in the company's records — along with the Operating Agreement, the EIN confirmation letter and the membership ledger — not just in your downloads folder. ## What still has to happen after the ACC approves your LLC This is where most do-it-yourself filers stop, and it is why so many Arizona LLCs are not actually protecting anybody. Approval of your Articles of Organization creates the entity. It does not finish the job. ### 1. You still have no Operating Agreement The Articles of Organization are a public, four page skeleton. They do not say who owns what percentage, how profits get distributed, what happens when a member dies, divorces, quits or goes bankrupt, how a member can be bought out, or who decides anything. That is all in the Operating Agreement — the single most important document your LLC will ever have, and the one the ACC does not give you. A multi member LLC without a written Operating Agreement is a lawsuit waiting for a trigger. A single member LLC without one has handed a future creditor an easy argument that the company was never respected as a separate entity. Read our article called [19 Reasons Your Arizona LLC Needs an Operating Agreement](https://azllc.com/arizona-llc-operating-agreement/). To hire us to prepare a custom new or amended Operating Agreement submit our [Operating Agreement Questionnaire](https://azllc.com/oaq/). ### 2. You still need an EIN You get the federal employer identification number from the IRS, not the ACC. You will need it to open the LLC's bank account. When we are hired to form a Silver or Gold LLC we get the EIN for the LLC or PLLC. See the contents and prices of our three [LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/). ### 3. You may need to publish If your statutory agent's address is outside Maricopa and Pima Counties, you have 60 days after approval to publish notice in an approved newspaper for three consecutive weeks. ### 4. Nothing is actually inside the LLC yet The company owns nothing until you put something in it. Real estate has to be deeded in. Vehicles, equipment, accounts, intellectual property and existing contracts have to be assigned or retitled. An LLC that holds no assets protects no assets. ### 5. You have to keep it separate Separate bank account. No paying personal bills out of the company account. Signing contracts in the company's name, in your capacity as member or manager. Records of the significant decisions. Charging order protection and the liability shield are earned by conduct, not by a filing receipt. ## Want it done right the first time? I'm Arizona attorney Richard Keyt. I've formed more than 10,000 Arizona limited liability companies and 550+ Arizona nonprofit corporations since I started practicing law in Arizona in 1979. My LLC formation service handles the ACC filing, the Operating Agreement, the EIN, the publication if required, and the organizational documents that actually make the company work — not just the fifty dollar form. Call me at [480-664-7478](tel:+14806647478), email . [See our 3 Arizona LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) [Book a free consultation](https://www.keytlaw.com/calendar) ## Frequently asked questions ### How much does it cost to form an Arizona LLC? The Arizona Corporation Commission charges $50 to file Articles of Organization under regular review, or $85 for expedited review. The $85 is the total: the $50 filing fee plus a $35 expedite charge. Arizona charges no annual report fee for LLCs. ### How long does it take the ACC to approve an Arizona LLC? An expedited electronic filing with no uploaded document can be approved the same day, once the statutory agent accepts the appointment through the Arizona Business Center dashboard. Regular review takes longer and the queue time varies with the Commission's volume. When hired to form a new Arizona LLC or PLLC we get the company approved within 24 hours of being paid and we email the approved articles to our client. ### Do I have to publish a notice for my Arizona LLC? Only if your statutory agent's address is outside Maricopa County and Pima County. If the agent's address is in Maricopa or Pima County, the Arizona Corporation Commission publishes the notice on its website and you have nothing to do. Otherwise the LLC must publish notice of its Articles of Organization in an approved newspaper for three consecutive weeks within 60 days after approval. ### Should my Arizona LLC be member managed or manager managed? In a member managed LLC every member has authority to bind the company. In a manager managed LLC only the named managers do. A multi member LLC in which one person runs the business, or which has passive investors, should generally be manager managed so a minority owner cannot unilaterally obligate the company. ### What should I enter in the Character of Business field? Enter "999999 any legal purpose" unless you have a specific reason to restrict what the company may do. A broad purpose avoids the argument that a later line of business fell outside the company's stated purpose. ### Can I be my own statutory agent in Arizona? Yes. The Arizona Business Center gives you the option "I (the submitter) will be the Statutory Agent for this business." The statutory agent must have a physical Arizona street address — a post office box will not work — and that address becomes a public record. ### Should I opt in to Authorized Filers? Opting in means only designated Arizona Business Center accounts can make future online filings for the business, which protects against fraudulent filings by third parties. Opting out means anyone can submit filings for your business. Opting in is the safer choice, but be sure you will retain access to the account you designate. ### Does filing Articles of Organization give me a complete Arizona LLC? No. Filing the Articles of Organization creates the entity. It does not give you an Operating Agreement, an EIN, a bank account, a membership ledger, or any transfer of assets into the company. An LLC with no Operating Agreement and no assets inside it does not accomplish what most owners think they are buying for $50. This article is general information about Arizona law as of the date written. It is not legal advice, and reading it does not create an attorney-client relationship between you and Richard Keyt or KEYTLaw, LLC. Arizona Corporation Commission procedures, screens and fees change. Consult an Arizona attorney about your specific situation. Richard Keyt · KEYTLaw, LLC · 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258 · 480-664-7478 · rk@keytlaw.com [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [How to Form an LLC in Arizona (6 Easy Steps)](https://www.keytlaw.com/form-arizona-llc-6-steps/) **Published:** August 3, 2026 **Author:** Richard Keyt **Content:** # How to Form an LLC in Arizona (6 Easy Steps) Arizona makes it genuinely easy to create a limited liability company. The Arizona Corporation Commission charges $50 to file, the online system takes about fifteen minutes, and there is no annual report and no annual fee. That simplicity is also the problem: it lets people form an LLC without ever thinking about the two things that determine whether the LLC actually protects them — how it is structured and what its Operating Agreement says. This guide walks through the six steps required to form an Arizona LLC or PLLC yourself, in the order you have to do them. It is written for the do-it-yourselfer. At the end I explain the four things you should do after the LLC exists, because filing the Articles of Organization is the beginning of the job, not the end of it. **Updated August 4, 2026, by [Richard Keyt](https://www.keytlaw.com/richard-keyt), Arizona LLC attorney** By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). How to Form an LLC in Arizona (2026): The 6-Step Guide from an Attorney Who Has Formed 10,000+Arizona LLC Law · Updated 2026 ## How to Form an LLC in Arizona in 2026: The 6 Steps, Explained By [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), an Arizona LLC attorney who has formed more than 10,000 Arizona limited liability companies since 1979. Questions about forming or running an Arizona LLC are free — call 480-664-7478 or book a free phone, office or Zoom meeting on [Rick's online calendar](https://www.keytlaw.com/calendar). Why people form an LLCAn Arizona LLC does two separate asset protection jobs. It puts a wall between your business and your personal assets, so a creditor of the business generally cannot reach your home or savings. And it works in the other direction too — under Arizona's charging order rules, a creditor who wins a judgment against you personally generally cannot seize the assets the LLC owns. ## The Six Steps 1. [Choose a name and confirm it is available](#step1) 2. [Appoint an Arizona statutory agent](#step2) 3. [Prepare and file the Articles of Organization](#step3) 4. [Pay the filing fee](#step4) 5. [Publish a Notice of Publication (only sometimes)](#step5) 6. [Sign an Operating Agreement](#step6) ## 1 Choose a Name and Confirm It Is Available Naming the company is frequently the slowest part of the process, and it involves two entirely different questions that people tend to collapse into one. Availability at the Arizona Corporation Commission is not the same thing as the right to use the name. ### First: make sure the name does not infringe someone's trademark The Corporation Commission will happily approve a name that infringes a federally registered trademark. Its database only checks whether another Arizona entity is already using something confusingly similar — it knows nothing about trademark law. So before you get attached to a name, search it and its close variations in the searchable database of the [United States Patent & Trademark Office](https://www.uspto.gov/trademark). Ideally your name will (i) be capable of strong federal trademark protection, (ii) be easy for customers to remember, (iii) tell people what you sell, and (iv) leave a matching .com available. Note that goals (i) and (iii) fight each other. Almost every client wants a name that describes the business, but trademark law gives merely descriptive marks the weakest protection. "Rick's Bar & Grill" tells you exactly what it is and is nearly impossible to protect. Arbitrary marks like Apple® for computers, or fanciful invented ones like Xerox®, get the strongest protection precisely because they describe nothing. ### Second: check the Arizona Corporation Commission's name database WarningDo an Arizona LLC name search *before* you file. If the name is unavailable the ACC will reject your Articles of Organization, and you will have spent the filing fee and the waiting period to learn something you could have confirmed in thirty seconds. Go to the ACC's [name availability page](https://arizonabusinesscenter.azcc.gov/nameavailability), type your desired name into the Entity Name field, and run the availability check. The checker will tell you whether the name is available. Run it on every variation you are seriously considering, not just your favorite. Your name must also comply with [A.R.S. Section 29-3112](https://www.keytlaw.com/azllclaw/ars-section-29-3112/), which governs what an Arizona LLC may and may not call itself — including the required "LLC," "L.L.C." or "limited liability company" ending. ## 2 Appoint an Arizona Statutory Agent Every Arizona LLC, and every out-of-state LLC registered to do business in Arizona, must have and continuously maintain a statutory agent located in Arizona. Other states call this a resident agent or registered agent. The point of the office is public notice: it tells the world who is authorized to accept legal papers on the company's behalf. If someone sues your LLC, the summons and complaint go to the statutory agent. The statutory agent must be one of the following: - An adult individual who resides in Arizona. - A domestic corporation formed under Arizona law. - A foreign corporation authorized to transact business in Arizona. - An LLC formed under Arizona law. - An LLC authorized to transact business in Arizona. The agent must have a physical Arizona street address. A post office box will not work. Whoever serves must complete and sign the ACC's [Statutory Agent Acceptance](https://www.azcc.gov/docs/default-source/corps-files/forms/m002-statutory-agent-acceptance.pdf?sfvrsn=50c6b82b_2) form, which is filed along with the Articles of Organization. A member who lives in Arizona commonly serves as the LLC's own statutory agent. That is free and perfectly legal. Two things to weigh before you do it: the address becomes a permanent public record, and if you move and forget to update the ACC, you can be sued and never learn about it until there is a default judgment against your company. TipIf keeping your home address off the public record matters to you, hire KEYTLaw, LLC, to be your statutory agent for $99/year by submitting our [Statutory Agent Questionnaire](https://www.keytlaw.com/azllclaw/saq/). It also guarantees someone is actually at the address to receive service of process. ## 3 Prepare and File the Articles of Organization The Articles of Organization is the document that brings the LLC into existence. There are three realistic ways to get it filed. ### Option A: File online through the ACC — the easy way The fastest and cheapest do-it-yourself route is the Corporation Commission's online eFile system. Most people finish the data entry in ten to fifteen minutes. Start by [registering for an ACC account](https://arizonabusinesscenter.azcc.gov/register), then click **Create New LLC** on your dashboard. For a screen-by-screen walkthrough see my article [How to File Arizona LLC Articles of Organization Online](https://www.keytlaw.com/arizona-llc-articles-of-organization/). ### Option B: File on paper — the hard way You can still do this the old-fashioned way. The "organizer" completes, signs and files the ACC's two-page [Articles of Organization](https://www.azcc.gov/docs/default-source/corps-files/forms/l010-articles-of-organization.pdf?sfvrsn=930da41f_2). If you use the paper form you must also submit both of the following: - Either the [Manager Structure Attachment](https://www.azcc.gov/docs/default-source/corps-files/forms/l040-manager-structure-attachment.pdf?sfvrsn=ca8b7deb_2) (if the LLC is manager-managed) or the [Member Structure Attachment](https://www.azcc.gov/docs/default-source/corps-files/forms/l041-member-structure-attachment.pdf?sfvrsn=ceb9f754_2) (if it is member-managed); and - The signed [Statutory Agent Acceptance](https://www.azcc.gov/docs/default-source/corps-files/forms/m002-statutory-agent-acceptance.pdf?sfvrsn=50c6b82b_2) form. The ACC publishes [instructions for the Articles](https://www.azcc.gov/docs/default-source/corps-files/instructions/l010i-instructions-articles-of-organization.pdf?sfvrsn=fb0a9180_2) and a complete set of [Arizona LLC forms](https://www.azcc.gov/corporations/forms). One wrinkle: if somebody already holds an Arizona trade name identical to your LLC's desired name, you must also file a [Notice of Transfer of Limited Liability Company Name Reservation](https://www.azcc.gov/docs/default-source/corps-files/forms/l002-notice-of-transfer-of-llc-name.pdf?sfvrsn=ab2b57ba_2) signed by the trade name holder. See the [instructions](https://www.azcc.gov/docs/default-source/corps-files/instructions/l002i-instructions-notice-of-transfer-of-llc-name-res.pdf?sfvrsn=526ebe7f_2) for that form. Deliver or mail the signed Articles, the cover sheet, and cash or a check for the filing fee to the Corporation Commission at 1300 W. Washington, 1st Floor, Phoenix, AZ 85007. The office is open Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays. The ACC does not accept credit cards for paper filings. Practice tipKeep a copy of everything you file. Better: submit one extra copy and ask the ACC to date-stamp it. That stamped copy proves your filing date and is often enough to open a business bank account weeks before the approved Articles come back. ### Option C: Hire an Arizona LLC attorney I offer three LLC formation packages: **$497 Bronze**, **$897 Silver** and **$1,397 Gold**. The Gold package is the confidential LLC, for people who do not want their name and address appearing in the Arizona Corporation Commission's public records. Compare the [contents of all three packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/). Your LLC is created and approved by the ACC the same day you pay and approve your questionnaire. To hire us, call 480-664-7478 and give your information over the phone, or submit the online [LLC formation questionnaire](https://www.keytlaw.com/llcq) at any hour. ## 4 Pay the Filing Fee The filing fee is due when you submit the Articles of Organization. ServiceCostWhat you get Standard review$50Can take up to a month for the ACC to approve or reject Expedited review$85 ($50 + $35)Reviewed in the shortest time the ACC offersPay the extra $35. Nearly every time. Standard review is not merely slower — it can quietly eat the window you have to publish. When the Articles are approved, the approval date relates back to the filing date, which means a month spent in the review queue is a month gone from your publication deadline. You can check the ACC's current [document processing times](http://azcc.gov/docs/default-source/corps-files/document-processing-times.pdf) before you decide. So the total do-it-yourself cost to form an Arizona LLC is $50, or $85 with expediting. And here is the genuinely good news that surprises people coming from California or Nevada: Arizona charges **no annual report fee and no annual LLC franchise tax**. Once your LLC exists, the state does not send you a bill every year to keep it alive. ## 5 Publish a Notice of Publication — Only Sometimes This step trips up more new Arizona LLCs than any other, largely because most of them do not have to do it and the ones that do often do not realize it. **The rule:** if your statutory agent's street address is in Maricopa County or Pima County, you do *not* have to publish. If the statutory agent's address is anywhere else in Arizona, you must publish a notice of the filing of the Articles of Organization in a newspaper of general circulation in that county, for three consecutive publications. ### What the notice must say 1. The name of the LLC, stated in a form that complies with [A.R.S. Section 29-3112](https://www.keytlaw.com/azllclaw/ars-section-29-3112/). 2. The principal address, which may be the same as the statutory agent's mailing address. 3. The name and the Arizona street and mailing addresses of the statutory agent. 4. Whether the company is manager-managed or member-managed, plus: - if manager-managed — the name and address of each manager, and of each member owning 20% or more of the capital or profits; or - if member-managed — the name and address of every member. An affidavit evidencing publication may be filed with the Commission. ### Timing and cost If you are required to publish, you may wait until the ACC actually approves the Articles before you run the notice. If the Articles get rejected, you have not wasted the publication money. Budget **$55 to $85**. The exact price depends on the newspaper, the county, and how long your notice runs — a member-managed LLC with six members produces a much longer, more expensive notice than a single-member one. Caution — Yuma CountyThe Yuma Daily Sun is the only ACC-approved newspaper in Yuma County, and it prices accordingly. I have paid roughly three times more to publish in Yuma County than for a comparable notice in Maricopa County. What happens if you don't publishIf your LLC is required to publish and fails to do so on time, the Corporation Commission may revoke the company's charter. The LLC then ceases to exist — along with the liability shield you formed it to get. ## 6 Sign an Operating Agreement Arizona law does not require an LLC or PLLC to have an Operating Agreement. This is the single most misunderstood fact in Arizona LLC law, because "not required" gets heard as "not important." An LLC without an Operating Agreement is not governed by nothing. It is governed by the default provisions of the Arizona Limited Liability Company Act — a set of rules written by the legislature for strangers, which will apply to you, your spouse, your partners and your heirs whether or not anyone ever reads them. There are **19 distinct ways members of an Arizona LLC can be harmed** when their company lacks a well-drafted Operating Agreement. I catalogued every one of them in [19 Ways You Can Be Harmed if Your Arizona LLC Lacks a Well Written Operating Agreement](https://azllc.com/arizona-llc-operating-agreement/). Our Operating Agreements eliminate all 19. The best time to adopt one is the day the company is formed, while everyone still likes each other and nobody has money at stake in the answer. An Operating Agreement is like insurance: if you never need it you will not miss it, and if you need it and do not have it, you may suffer greatly. I have watched too many member disputes that a fifty-page document would have prevented. ### Our two Operating Agreements $297 — single member LLC, or a two-member LLC owned by a married couple See the [single member table of contents](https://azllc.com/wp-content/uploads/oa-single.pdf). $797 — multi-member LLC See the [multi-member table of contents](https://azllc.com/wp-content/uploads/oa-multi-member.pdf).I have prepared more than 10,000 Arizona LLC Operating Agreements. Look at the length of our [Operating Agreement questionnaire](https://azllc.com/oaq) and you will understand why the result is genuinely customized rather than a form with your name typed into it. To order, submit the questionnaire or call me at 480-664-7478. ### Hire an Arizona LLC Attorney Three formation packages — $497 Bronze, $897 Silver, $1,397 Gold (the confidential LLC). Formed and approved the same day you pay and approve your questionnaire. [Form My LLC Now](https://www.keytlaw.com/llcq) [Book a Free Meeting](https://www.keytlaw.com/calendar) ## After the LLC Exists: Four More Tasks Filing the Articles creates the entity. It does not make the entity usable. Here is what typically comes next. ### A. Get a federal Employer Identification Number Most new companies need an EIN. Banks require one to open an account, and any company that pays wages needs one to file payroll tax returns. You get an EIN by filing [IRS Form SS-4](http://www.irs.gov/pub/irs-pdf/fss4.pdf) with the Internal Revenue Service. See also the [Instructions for Form SS-4](http://www.irs.gov/pub/irs-pdf/iss4.pdf) and [IRS Publication 1635](http://www.irs.gov/pub/irs-pdf/p1635.pdf). The fastest route is the [IRS online application](http://www.irs.gov/businesses/small/article/0,,id=102767,00.html), available Monday through Friday, 7 a.m. to 11 p.m. Eastern, with no paper filing at all. The number is issued immediately at the end of the questionnaire. It is technically provisional, but it becomes your permanent EIN unless the IRS voids it — which happens mainly when the principal officer's name and Social Security number do not match Social Security Administration records, or the business already has an EIN. Print the completed SS-4 before you leave the page; there is a "Print Form" button, and there is no second chance at it. Alternatives: call the Tele-TIN line at 1-800-829-4933 (fill out the SS-4 first, because they will ask you to read from it), fax a completed SS-4 to 215-516-3990 for a reply in about a week, or mail it four to five weeks before you need the number. Filling out the SS-4 for an LLCThree details matter. Box 1: the LLC's exact legal name, ending in LLC without punctuation. Box 8a: the tax classification you are choosing. And on the "Other" line in box 8a, type the words *single member LLC* or *multi member LLC* — but do not check the Other radio button. [ ![KEYTLaw video: How to Apply Online for an EIN](https://i.ytimg.com/vi/K6IEM9eM7RE/maxresdefault.jpg) ](https://www.youtube.com/watch?v=K6IEM9eM7RE) Video: how to apply online for a federal Employer Identification Number (EIN). Single member LLCsA single-member LLC that will be taxed as a sole proprietorship does not need its own EIN and generally should not file Form SS-4; it uses the owner's name and EIN for federal tax purposes. Employment taxes for the LLC's employees may be reported under either the owner's or the LLC's number. If you indicate in box 13 that the LLC has or expects employees, the IRS will assign the single-member LLC its own EIN. ### B. Choose how the LLC will be taxed One of the best reasons to use an LLC is that the LLC gets to pick its federal tax treatment. Depending on the number and type of members, an LLC may be classified as a sole proprietorship, a partnership, a C corporation or an S corporation. - **Single member LLC:** sole proprietorship, C corporation or S corporation. - **Multi-member LLC:** partnership, C corporation or S corporation. The S corporation election is only available if the LLC independently meets every S corporation requirement. If you make no election, the IRS applies a default — partnership for multi-member LLCs, sole proprietorship for single-member ones. To elect something other than the default, file [IRS Form 8832](http://www.irs.gov/pub/irs-pdf/f8832.pdf), Entity Classification Election. See [IRS Publication 542](http://www.irs.gov/pub/irs-pdf/p542.pdf) and [IRS Publication 541](http://www.irs.gov/pub/irs-pdf/p541.pdf) for the underlying rules. Arizona is a community property state, which creates a useful option: an LLC owned solely by a husband and wife as community property may be taxed either as a sole proprietorship or as a partnership. [Revenue Procedure 2002-69](https://www.irs.gov/pub/irs-drop/rp-02-69.pdf) confirms the IRS will accept the couple's choice. The practical difference between corporate and partnership treatment is that partnerships are not taxpaying entities and C corporations are. Profits, losses and other tax items of an LLC taxed as a partnership pass through to the members pro rata according to ownership and land on their personal returns, which avoids the double tax a C corporation can generate. Talk to your accountant firstThe tax election has real economic consequences and the right answer depends entirely on your facts. An erroneous election can be expensive and is not always easy to unwind. For a fuller treatment see former CPA and Arizona LLC attorney Richard C. Keyt's article [How are LLCs Taxed?](https://www.keytlaw.com/azllclaw/forming-llcs/llc-tax-methods/) [ ![KEYTLaw video: LLC Taxes Explained](https://i.ytimg.com/vi/qne2Hstp2i4/maxresdefault.jpg) ](https://www.youtube.com/watch?v=qne2Hstp2i4) Video: LLC taxes explained — the four ways an LLC can be taxed for federal income tax purposes.### C. Get Arizona Department of Revenue numbers and a TPT license If your LLC will do anything taxable under Arizona's transaction privilege tax statutes, it must obtain a TPT license for each business location *before* it starts doing business. If it will pay wages, it also needs an Arizona withholding number and an Arizona unemployment number. All three come from the Arizona Joint Tax Application filed with the [Arizona Department of Revenue](http://www.azdor.gov/). Licensing questions on transaction privilege or withholding: (602) 542-4576, or 1-800-634-6494 from the 520 and 928 area codes. Unemployment tax questions: (602) 248-9396. ### D. Handle insurance and the rest of starting a business If the LLC will have employees, look at how to [obtain workers' compensation coverage](https://www.azica.gov/obtaining-workers-compensation-coverage-information). Also consider general liability and professional liability coverage. An LLC limits your exposure; insurance pays claims. You want both. ## Should You Do This Yourself? Honestly, plenty of people can. The mechanics above are not difficult, and I have laid them out here precisely so a careful person can follow them. But the mechanics are, as I tell clients, the tip of the iceberg. Forming the entity is one afternoon; operating a business inside it is the next twenty years. When you issue membership interests you are issuing securities, and every LLC must comply with federal and applicable state securities laws whether or not anyone involved knew that. Trademark applications may be worth filing to protect the name you just chose. How the LLC is structured, who is a manager, what happens when a member dies or divorces or wants out — none of that is decided by the Articles of Organization. It is decided by the Operating Agreement, or, if you skip that, by a statute written without you in mind. So form it yourself if you like. Just do not stop at step four. ### Free Answers, No Charge I answer Arizona LLC formation and operating questions at no cost. Call me at **480-664-7478**, or book a free office, phone or Zoom meeting. [Book a Free Meeting](https://www.keytlaw.com/calendar) [Compare Our 3 LLC Packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) Richard Keyt (father) · 480-664-7478 · Richard C. Keyt (son), attorney & former CPA · 480-664-7472 · KEYTLaw, LLC · 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258 ## Related Reading - [19 Ways You Can Be Harmed if Your Arizona LLC Lacks a Well Written Operating Agreement](https://azllc.com/arizona-llc-operating-agreement/) - [How to File Arizona LLC Articles of Organization Online](https://www.keytlaw.com/arizona-llc-articles-of-organization/) - [15 Common LLC Mistakes](https://www.keytlaw.com/azllclaw/mistakes/) - [Beware the Nevada LLC / Incorporation Scam](https://www.keytlaw.com/azllclaw/forming-llcs/nevada-incorporation-scam/) - [How to Transfer an LLC to a Trust](https://www.keytlaw.com/azllclaw/changing-members/transfer-llc-to-trust/) - [How Many LLCs Should I Form for My Properties?](https://www.keytlaw.com/azllclaw/asset-protection/how-many-llcs/) - [Beware of the Parent LLC that Owns a Subsidiary LLC](https://www.keytlaw.com/azllclaw/2011/08/parent-subsidiary-llcs/) **NOTICE:** Do not send details about your case or any documents when communicating with KEYTLaw, LLC, or its attorneys or personnel through this website. **DISCLAIMER:** This article is designed for general information only and nothing in it constitutes legal advice. Reading this article, acting on any information in it, or communicating with KEYTLaw, LLC, or its attorneys or personnel through this website does not create an attorney-client relationship. Nor does it guarantee that KEYTLaw, LLC, or any of its attorneys will agree to represent you in your legal matter. Nothing contained here is a guarantee, warranty or prediction of any outcome for any particular legal matter. This website constitutes attorney advertising. [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [LLC vs. Corporation in Arizona: Which Entity is Best?](https://www.keytlaw.com/arizona-llc-vs-corporation/) **Published:** August 1, 2026 **Author:** Richard Keyt **Content:** # LLC vs. Corporation in Arizona: Which Entity is Best? Arizona gives you three main ways to own a business with some form of liability protection: the **limited liability company**, the **for-profit corporation**, and the **limited partnership**. For the overwhelming majority of Arizona business owners, the LLC wins — it protects every owner, it costs less, it demands far less annual paperwork, and it can be taxed four different ways instead of one. Below are the 29 questions I am asked most often, answered in plain English. By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 423 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). **Updated August 3, 2026, by [Richard Keyt](https://www.keytlaw.com/richard-keyt), Arizona LLC attorney** Arizona LLC vs. Corporation vs. Limited Partnership: 29 FAQs | KEYTLawArizona Business Entity Formation ## Why Form an Arizona LLC Instead of a Corporation or a Limited Partnership? 29 Questions Answered By Arizona attorney [Richard Keyt](https://www.keytlaw.com/richard-keyt), licensed in Arizona since 1979. Mr. Keyt has formed more than 10,000 Arizona limited liability companies. Call [480-664-7478](tel:+14806647478) or book a free consultation at [keytlaw.com/calendar](https://www.keytlaw.com/calendar). ## What This Article Covers 1. [The short answer](#q1) 2. [The three Arizona entities](#q2) 3. [Which entity protects every owner?](#q3) 4. [The general partner problem](#q4) 5. [Can an LP fix the general partner problem?](#q5) 6. [Judgment against you personally](#q6) 7. [What is a charging order?](#q7) 8. [Corporate stock has no charging order shield](#q8) 9. [Do LP interests get charging order protection?](#q9) 10. [Single member LLCs and charging orders](#q10) 11. [How many owners does each entity require?](#q11) 12. [Formation cost comparison](#q12) 13. [Annual reports and annual fees](#q13) 14. [The Arizona newspaper publication rule](#q14) 15. [How fast can each entity be formed?](#q15) 16. [Corporate formalities an LLC skips](#q16) 17. [Do skipped formalities pierce the veil?](#q17) 18. [How an Arizona LLC is taxed](#q18) 19. [How an Arizona corporation is taxed](#q19) 20. [Double taxation explained](#q20) 21. [S corporation ownership restrictions](#q21) 22. [Self-employment tax savings](#q22) 23. [Why never hold real estate in a corporation](#q23) 24. [Debt basis: the LLC advantage](#q24) 25. [Special allocations of profit and loss](#q25) 26. [The family business and estate planning entity](#q26) 27. [Putting your LLC into your living trust](#q27) 28. [When a corporation really is better](#q28) 29. [When a limited partnership really is better](#q29) ## Quick Comparison Arizona LLC vs. Arizona for-profit corporation vs. Arizona limited partnership — the practical differences.FeatureArizona LLCArizona For-Profit CorporationArizona Limited PartnershipGoverning law[A.R.S. Title 29, Chapter 7](https://www.azleg.gov/arsDetail/?title=29) (Arizona Limited Liability Company Act)[A.R.S. Title 10](https://www.azleg.gov/arsDetail/?title=10)[A.R.S. Title 29, Chapter 3](https://www.azleg.gov/arsDetail/?title=29)Where you fileArizona Corporation CommissionArizona Corporation CommissionArizona Secretary of StateEvery owner has limited liabilityYesYesNo — the general partner is personally liableMinimum ownersOneOneTwo (a general partner and a limited partner)State filing fee$50 ($85 expedited)$60 ($95 expedited)$10 plus $3 per page ($25 to expedite)Annual reportNone requiredRequired every year — $45None requiredCharging order is the exclusive creditor remedyYes — [A.R.S. § 29-3503](https://www.azleg.gov/ars/29/03503.htm)No — stock can be seized and soldYes — [A.R.S. § 29-341](https://www.azleg.gov/ars/29/00341.htm)Federal tax optionsDisregarded, partnership, S corporation, or C corporationC corporation or S corporation onlyPartnership (or corporate election)Required meetings and minutesNoneAnnual shareholder and director meetingsNoneGood for real estateExcellentPoorWorkable but clunky ## The Basics ### 1. What is the short answer — why should I form an Arizona LLC instead of a corporation or a limited partnership? Because the LLC gives you everything a corporation gives you and more, at a lower cost and with less paperwork. An Arizona LLC protects every single owner from the debts of the business, an Arizona limited partnership does not protect its general partner. An Arizona LLC gets Arizona's strongest creditor protection statute, corporate stock gets none. An Arizona LLC can be taxed four different ways, a corporation can be taxed only two. And an Arizona LLC never files an annual report with the state, while a corporation must file one every year forever. ### 2. What are the three Arizona entities I am choosing among? The Arizona limited liability company is created by filing Articles of Organization with the Arizona Corporation Commission under the Arizona Limited Liability Company Act, [A.R.S. Title 29, Chapter 7](https://www.azleg.gov/arsDetail/?title=29). The Arizona for-profit corporation is created by filing Articles of Incorporation with the Arizona Corporation Commission under [A.R.S. Title 10](https://www.azleg.gov/arsDetail/?title=10). The Arizona limited partnership is created by filing a Certificate of Limited Partnership with the Arizona Secretary of State under [A.R.S. Title 29, Chapter 3](https://www.azleg.gov/arsDetail/?title=29). ### 3. Which of the three entities gives limited liability to every owner? Only the LLC and the corporation. Members of an Arizona LLC are not personally liable for the LLC's debts and obligations, and shareholders of an Arizona corporation are not personally liable for the corporation's debts. An Arizona limited partnership is different: its limited partners are protected, but it must have at least one general partner, and that general partner has unlimited personal liability for everything the partnership does. ### 4. Why is the general partner problem usually fatal for a limited partnership? Because someone has to be the general partner, and that someone is personally on the hook. If the limited partnership gets sued, loses, and cannot pay, the judgment creditor can go after the general partner's house, bank accounts, and investments. There is no version of a limited partnership in which every human owner is fully protected. In an LLC, every member is protected. That single difference eliminates the limited partnership for most Arizona business owners. ### 5. Can a limited partnership work around the general partner problem? Yes, but only by adding complexity and cost. The two standard workarounds are to make an LLC the general partner, or to register the partnership as an Arizona limited liability limited partnership. Either route means you now have two entities to form, two sets of documents, two sets of records, and two annual burdens instead of one. You end up needing an LLC anyway. It is simpler and cheaper to skip the partnership and just form the LLC. ## Asset Protection and Charging Orders ### 6. What happens if a creditor gets a judgment against me personally — is my LLC or my corporation safer? Your LLC is dramatically safer. If a judgment creditor comes after you personally and you own shares of stock in an Arizona corporation, the creditor can seize the stock, sell it at a sheriff's sale, and the buyer becomes a shareholder with voting rights. If instead you own a membership interest in an Arizona LLC, [A.R.S. § 29-3503](https://www.azleg.gov/ars/29/03503.htm) limits the creditor to a charging order and nothing else. ### 7. What exactly is a charging order? A charging order is a court order that says the LLC must pay to the judgment creditor any distribution it would otherwise have paid to the debtor member. That is all it does. The creditor does not become a member, does not get voting rights, cannot vote to sell the LLC's assets, cannot force a distribution, and cannot reach into the LLC and take its property. If the LLC makes no distributions, the creditor collects nothing while the charging order sits there. Why this matters[A.R.S. § 29-3503(E)](https://www.azleg.gov/ars/29/03503.htm) states that the charging order "provides the exclusive remedy" by which a judgment creditor may satisfy a judgment out of a member's transferable interest. Arizona's LLC statute does not authorize a creditor to foreclose on the membership interest. That is one of the strongest ownership-protection statutes in the country, and you get it for a $50 filing fee. ### 8. Does Arizona charging order protection apply to corporate stock? No. There is no charging order statute for shares of an Arizona corporation. Corporate stock is personal property that a judgment creditor can levy on and sell like a car or a boat. If you own 100 percent of an Arizona corporation and lose a personal lawsuit — a car wreck, a guaranty, a divorce judgment, a business dispute unrelated to the corporation — the creditor can take your entire company. That risk alone is reason enough to choose an LLC. ### 9. Do limited partnership interests get charging order protection? Yes. [A.R.S. § 29-341](https://www.azleg.gov/ars/29/00341.htm) gives the judgment creditor of an Arizona limited partner only the rights of an assignee and states that the charging order is the exclusive remedy. So on this one point the limited partnership is comparable to the LLC. It still loses overall, because the general partner's unlimited personal liability is a far bigger exposure than anything the charging order statute solves. ### 10. Does charging order protection work for a single member LLC? It is weaker, and you should know that going in. Some courts outside Arizona have allowed creditors to reach a single member LLC on the theory that the charging order exists to protect other members, and a single member LLC has no other members to protect. Arizona's statute is written broadly and contains no single-member exception, but no Arizona appellate court has settled the question. If asset protection is a primary goal, I frequently recommend a multi-member structure. That is a conversation worth having before you form. ## Cost, Paperwork, and Red Tape ### 11. How many owners does each entity require? An Arizona LLC can have exactly one member. An Arizona corporation can have exactly one shareholder. An Arizona limited partnership must have at least two people or entities, because by statutory definition it needs one or more general partners and one or more limited partners. If you are going into business alone, the limited partnership is off the table immediately. ### 12. What does each entity cost to form in Arizona? Arizona LLC$50 to file Articles of Organization with the Arizona Corporation Commission, or $85 expedited.Arizona for-profit corporation$60 to file Articles of Incorporation with the Arizona Corporation Commission, or $95 expedited.Arizona limited partnership$10 plus $3 per page to file the Certificate of Limited Partnership with the Arizona Secretary of State, plus $25 if you want it expedited.The limited partnership looks cheapest on paper. It is not cheapest in practice, because you will almost certainly form an LLC to serve as the general partner, and you will pay a lawyer to draft a partnership agreement that is longer and more complicated than an LLC operating agreement. ### 13. Which entity costs money every year just to stay alive? The corporation. Every Arizona for-profit corporation must file an annual report with the Arizona Corporation Commission and pay $45, plus a Certificate of Disclosure. Miss it and the Commission can administratively dissolve your corporation, after which reinstatement costs $100. Arizona LLCs file no annual report and pay no annual fee to the Arizona Corporation Commission. Arizona limited partnerships file no annual report with the Secretary of State either. Do the mathOver twenty years, an Arizona corporation costs $900 in annual report fees that an Arizona LLC never pays — before counting the accountant or the service company you hire to remember the deadline for you. ### 14. Do all three entities have to publish a notice in a newspaper? Arizona LLCs and Arizona corporations must publish a notice of their formation in a newspaper of general circulation in the county of their known place of business, unless the Arizona Corporation Commission gives that notice electronically for the county. The Commission does that for Maricopa County and Pima County, so if your known place of business is in either county — which covers Phoenix, Scottsdale, Paradise Valley, Mesa, Tempe, Chandler, Queen Creek, Gilbert and Tucson — you publish nothing and pay nothing. Outside those two counties, expect roughly $80 to $200 for the newspaper. Arizona limited partnerships filed with the Secretary of State have no publication requirement. ### 15. How fast can each entity be formed? An Arizona LLC or corporation can be approved by the Arizona Corporation Commission in a day, or within two hours if you pay for accelerated service. The Arizona Secretary of State takes two to three weeks to process a limited partnership filing, or three to five business days if you pay to expedite. If you need an entity in place quickly to close a transaction, the limited partnership is simply too slow. ### 16. What ongoing paperwork does a corporation require that an LLC does not? A corporation needs bylaws, a board of directors, elected officers, issued stock certificates, a stock transfer ledger, annual shareholder meetings, annual director meetings, written minutes of those meetings, and board resolutions authorizing significant acts. An Arizona LLC needs an operating agreement and nothing else. No required meetings, no required minutes, no board, no officers, no stock. ### 17. Does skipping corporate formalities put my liability shield at risk? Yes, and that is exactly the point. Arizona courts will pierce the corporate veil and hold owners personally liable when an entity is treated as the owner's alter ego, and failing to observe required formalities is a classic piercing factor. Almost nobody actually holds annual shareholder meetings and writes minutes. An LLC eliminates the trap by eliminating the requirement — there are far fewer formalities to fail to observe. You still must keep business and personal funds separate, sign contracts in the LLC's name, and adequately capitalize the entity. ## Taxes ### 18. How is an Arizona LLC taxed? However you want, within limits. A single member LLC is disregarded by default, meaning its income goes on your personal return with no separate business tax return. A multi-member LLC is taxed as a partnership by default and files Form 1065. Either one can elect to be taxed as an S corporation or as a C corporation. That is four options, and you can change the choice as the business grows. No other Arizona entity offers that flexibility. ### 19. How is an Arizona corporation taxed? Two ways only. By default it is a C corporation, which pays federal income tax at 21 percent on its profits plus Arizona corporate income tax. Alternatively, if it qualifies, it can elect S corporation status and pass income through to its shareholders. A corporation can never be a disregarded entity and can never be taxed as a partnership. ### 20. What is double taxation, and can an LLC ever suffer it? Double taxation is what happens in a C corporation: the corporation pays tax on its profit, then the shareholders pay tax again on the same money when it comes out as a dividend. The same dollar is taxed twice. An LLC only experiences double taxation if you affirmatively elect to have it taxed as a C corporation, which almost nobody should do without a specific reason. The default treatment of an LLC — disregarded or partnership — has exactly one layer of tax. ### 21. What are the S corporation ownership restrictions, and does an LLC have them? An S corporation may have no more than 100 shareholders, may have only one class of stock, and may not have a shareholder that is a nonresident alien, a partnership, or a corporation. Violate any of these and the S election terminates, sometimes retroactively and expensively. An LLC taxed as a partnership has none of these restrictions. It can have unlimited members, foreign members, entity members, and as many different classes of membership interest as the deal requires. ### 22. Can an LLC get the same self-employment tax savings as an S corporation? Yes. The self-employment tax savings people associate with S corporations come from the S election, not from being a corporation. An Arizona LLC can file Form 2553 and be taxed as an S corporation while remaining an LLC under state law. You get the payroll tax planning and you keep the charging order protection, the tax flexibility, and the freedom from annual reports. This is why I so rarely form a corporation for a client who wants S corporation tax treatment. ### 23. Why should real estate never be owned by a corporation? Because getting appreciated real estate out of a corporation is a taxable event. If a corporation distributes property worth more than its basis, the corporation recognizes gain as if it sold the property, and in a C corporation the shareholders are taxed again on the distribution. An LLC taxed as a partnership can generally distribute appreciated property to its members with no gain recognized. Real estate goes up in value, and it eventually comes out of the entity, so this difference is enormous. If you are buying a rental house, an office building, or raw land in Arizona, use an LLC. ### 24. Does an LLC give owners basis for the entity's debt? Yes, and a corporation does not. In an LLC taxed as a partnership, members increase their outside basis by their share of the entity's liabilities, which lets them deduct losses funded by borrowed money. S corporation shareholders get no basis for corporate-level debt unless they personally lend the money to the corporation. For a leveraged business — and especially for leveraged real estate — this alone can be worth tens of thousands of dollars in deductions. ### 25. Can an LLC allocate profits and losses differently than ownership percentages? Yes, if the allocations have substantial economic effect under the partnership tax rules. An LLC operating agreement can give the money partner a preferred return, allocate early depreciation to one member, and flip the splits after payback. An S corporation cannot do any of this, because its one class of stock rule forces every distribution and allocation to be strictly pro rata. If your deal has investors, an LLC is the only sensible choice. ## Family, Estate Planning, and Special Situations ### 26. Which entity is best for a family business or an estate plan? The LLC. Membership interests are easy to give to children or to trusts a little at a time, and the operating agreement can keep control with the parents while transferring economic value. Because a transferee of a membership interest generally receives only economic rights and not management rights, the parents can gift value without handing over the steering wheel. Corporate stock does not work this way — stock carries voting rights with it unless you create a separate nonvoting class. ### 27. How does an LLC fit into my revocable living trust? Beautifully, and this is the part most people miss. If you own your LLC membership interest in your own name and you die, that interest goes through Arizona probate — a public, slow, expensive court process. If your revocable living trust owns the membership interest instead, it passes to your beneficiaries privately and immediately with no probate. Assigning your LLC to your trust takes one document. Every business owner I form an LLC for should also have a trust that owns it. The mistake I see mostPeople form an LLC to protect their business, then never sign the assignment that transfers the LLC to their living trust. The LLC ends up in probate anyway. If you have an LLC and a trust, make sure the trust actually owns the LLC. ### 28. Is a corporation ever the better choice? Occasionally, and I will tell you when. Form a C corporation if you intend to raise institutional venture capital, because venture funds insist on Delaware C corporations. Form a C corporation if you want to issue incentive stock options to employees, which only corporations can grant. Form a C corporation if you are pursuing qualified small business stock treatment under [Internal Revenue Code section 1202](https://www.law.cornell.edu/uscode/text/26/1202), which can exclude millions of dollars of gain from tax but is available only for stock of a C corporation. Outside those situations, I have formed more than 10,000 Arizona LLCs and very few Arizona corporations, for good reason. ### 29. Is a limited partnership ever the better choice? Rarely. Limited partnerships still show up in oil and gas programs, older real estate syndications, and family limited partnerships created decades ago when the LLC did not exist or was untested. If you are starting fresh in Arizona today, the LLC does everything the limited partnership does, protects everyone instead of everyone but one person, forms in a day instead of three weeks, and files online instead of on paper. ## What To Do Next If you are starting an Arizona business, buying Arizona real estate, or holding assets you want to shield from a future lawsuit, the Arizona LLC is almost always the right container. The harder questions are the ones the state form does not ask: how many members, what the operating agreement says about control and buyouts, whether your spouse's community property interest is handled correctly, whether the LLC should be owned by your revocable living trust, and whether to elect S corporation tax treatment. Those questions are what I spend my time on. I have practiced law in Arizona since 1979 and formed more than 10,000 Arizona limited liability companies. ## How to Hire Us to Form an Arizona LLC **Hire Us to Form an LLC or PLLC:** See the contents and prices of our [three LLC formation packages](https://www.keytlaw.com/contents). Submit this [LLC Formation Questionnaire](https://azllc.com/llcq/) to hire us to form your Arizona LLC or PLLC within 24 hours of you approving the questionnaire and paying the fee. ### Talk to an Arizona LLC and estate planning attorney Book a free office, phone, or Zoom consultation. I will tell you which entity fits your situation and what it should look like. [Book a Free Consultation](https://www.keytlaw.com/calendar)[Call 480-664-7478](tel:+14806647478) **Richard Keyt** · KEYTLaw, LLC 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258 480-664-7478 · · [www.keytlaw.com](https://www.keytlaw.com) This article is general information about Arizona law, not legal advice, and reading it does not create an attorney-client relationship. Statutes, filing fees, and federal tax rules change. Filing fees stated above are the Arizona Corporation Commission and Arizona Secretary of State fees in effect when this article was published. Consult an attorney about your own circumstances before choosing or changing a business entity. [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Why You Should Form an Arizona LLC](https://www.keytlaw.com/arizona-llc-formation/) **Published:** August 1, 2026 **Author:** Richard Keyt **Content:** # Why Form an Arizona LLC? Asset Protection Explained If you own an Arizona rental home, a commercial building, a duplex, an Airbnb, a landscaping company, a dental practice, or any other Arizona business in your own name, every dollar you own is standing behind that asset. Your house. Your savings. Your brokerage account. Your kids’ college fund. An Arizona limited liability company is the simplest, cheapest and most effective tool Arizona law gives you to stop that from happening. Here is what an LLC actually is, what it does, and why I have formed more than 10,000 of them for Arizona property and business owners. **Updated August 1, 2026, by [Richard Keyt](https://www.keytlaw.com/richard-keyt), Arizona LLC attorney** By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). What Is an Arizona LLC and Why Rental Property Owners & Business Owners Need OneArizona LLC Law ## What Is an Arizona LLC, and Why Should Arizona Rental Property Owners and Business Owners Form One? What this article covers 1. [What is an Arizona limited liability company?](#what-is) 2. [The core idea: an LLC is a liability wall that works in both directions](#liability-wall) 3. [Why Arizona's LLC law is unusually good for owners](#arizona-law) 4. [Why Arizona rental property belongs in an LLC](#rental) 5. [Why an Arizona business should be owned and operated by an LLC](#business) 6. [How an Arizona LLC is taxed](#taxes) 7. [What it takes to form and maintain an Arizona LLC](#form) 8. [Mistakes that destroy LLC protection](#mistakes) 9. [Frequently asked questions](#faq) ## What Is an Arizona Limited Liability Company? An Arizona limited liability company is a legal entity created by filing Articles of Organization with the Arizona Corporation Commission. Once the ACC approves the filing, the LLC exists as a separate legal "person" — it can own real estate, sign leases and contracts, open bank accounts, borrow money, hire employees, sue and be sued, all in its own name and entirely apart from you. Arizona LLCs are governed by the Arizona Limited Liability Company Act, found in [Title 29, Chapter 7 of the Arizona Revised Statutes](https://www.azleg.gov/arsDetail/?title=29). That Act has applied to every Arizona LLC — new and old — since September 1, 2020. A few vocabulary items, because the terminology trips people up: - **Members** are the owners of the LLC. A corporation has shareholders; an LLC has members. - **Managers** run a manager-managed LLC. In a member-managed LLC, the members run it themselves. - **Membership interest** is what a member owns — a bundle of economic rights (profits and distributions) plus governance rights (voting). - **Operating Agreement** is the contract among the members that sets the rules of the company. It is the single most important document your LLC will ever have, and Arizona does not require you to file it with anybody. - **Statutory agent** is the person or company designated to receive lawsuits and official notices on the LLC's behalf. Under [A.R.S. § 29-3115](https://www.azleg.gov/ars/29/03115.htm) the agent must have a place of business or residence in Arizona. An LLC is not a tax entity. It is a liability shield with enormous flexibility about how it is taxed — which I cover below. ## The Core Idea: An LLC Is a Liability Wall That Works in Both Directions Almost everything valuable about an LLC comes down to one concept: separating the asset from the owner. Lawyers describe the two directions of that protection as inside liability and outside liability. ### Inside liability: keeping the business's problems away from you Something goes wrong *inside* the LLC. A tenant's guest falls down the stairs. A contract goes bad. An employee causes a car wreck making a delivery. A customer sues for a defective product. If you own that property or business personally, the injured party sues *you*, and a judgment reaches every asset you own. If the LLC owns it, the lawsuit is against the LLC. [A.R.S. § 29-3304(A)](https://www.azleg.gov/ars/29/03304.htm) says it plainly: > "A debt, obligation or other liability of a limited liability company is solely the debt, obligation or other liability of the company. A member or manager is not personally liable, directly or indirectly, by way of contribution or otherwise, for a debt, obligation or other liability of the company solely by reason of being or acting as a member or manager." > > [A.R.S. § 29-3304(A)](https://www.azleg.gov/ars/29/03304.htm) A creditor of the LLC can take the LLC's assets. It cannot take your home, your retirement accounts, your other rental properties or your savings — as long as the LLC is respected and you did not personally guarantee the debt or personally cause the harm. ### Outside liability: keeping your problems away from the business Now the reverse. You cause a serious car accident, you lose a lawsuit, you go through a bad divorce or a bankruptcy. Your personal creditor now wants to grab your rental property or your business. If you own the property in your own name, the creditor records the judgment, liens the property and forces a sale. If an LLC owns the property, the creditor cannot touch the property at all. The only thing the creditor can reach is your *membership interest*, and Arizona restricts what a creditor can do with that to a single remedy: a **charging order**. Why this mattersA charging order is nothing more than a court order telling the LLC that if it makes a distribution to the debtor member, the money goes to the creditor instead. The creditor does not become a member. The creditor gets no vote, no management rights, no right to inspect the books, no right to force a distribution, and no right to make the LLC sell its property. If the LLC distributes nothing, the creditor collects nothing. ## Why Arizona's LLC Law Is Unusually Good for Owners Not all state LLC statutes are equal. Arizona's is among the strongest in the country for two specific reasons. ### 1. The charging order is the exclusive remedy [A.R.S. § 29-3503(E)](https://www.azleg.gov/ars/29/03503.htm) provides that a charging order "provides the exclusive remedy by which a person seeking in the capacity of judgment creditor to enforce a judgment against a member or transferee may satisfy the judgment from the judgment debtor's transferable interest." **Exclusive** is the operative word. In many states a creditor can go to court and foreclose on the debtor's LLC interest, sell it, and end up owning a piece of your company. Arizona shuts that door. The creditor gets a charging order and nothing else. That single statute converts an aggressive creditor's strong position into a weak one. A creditor holding a charging order may be allocated taxable income from the LLC without receiving any cash to pay the tax on it. That is not a place creditors like to sit, and it is a powerful reason many of them settle for a fraction of the judgment. ### 2. Failing to observe formalities is not grounds for piercing the veil In most states, a plaintiff attacking an LLC argues that the owner ignored corporate formalities — no minutes, no annual meetings, sloppy records — and therefore the entity should be disregarded. [A.R.S. § 29-3304(B)](https://www.azleg.gov/ars/29/03304.htm) removes that argument in Arizona: > "The failure of a limited liability company to observe formalities relating to the exercise of its powers or management of its activities and affairs is not a ground for imposing liability on a member or manager for a debt, obligation or other liability of the company." > > [A.R.S. § 29-3304(B)](https://www.azleg.gov/ars/29/03304.htm) This is a genuine advantage of Arizona law, but do not read it as permission to be careless. It protects you from a technical formalities attack. It does *not* protect you if you commingle funds, use the LLC's bank account as your personal wallet, undercapitalize the company, or commit fraud. Those are still fatal. ## Why Arizona Rental Property Belongs in an LLC Rental real estate is the single most common reason Arizona owners come to me for an LLC, and for good reason. A rental property is an asset that invites strangers onto it, every day, unsupervised, for years. ### What a tenant lawsuit looks like without an LLC Suppose you own a Scottsdale rental home in your own name. A tenant's guest is badly hurt when a second-floor balcony railing gives way. She sues for $2 million. Your landlord policy has a $500,000 limit. The excess judgment is entered against **you personally**, and the plaintiff's lawyer starts looking at your personal residence, your other rentals, your bank and brokerage accounts, and your wages. Now assume an LLC owned the property. The plaintiff sues the LLC. The recovery is limited to the LLC's insurance and the equity in that one property. Everything else you own is outside the fight. ### One LLC per property — or per group of properties If a single LLC owns six rental properties, a catastrophic claim arising at property #1 can consume all six. Separating properties into separate LLCs means a disaster at one building cannot reach the equity in the other five. The trade-off is administrative: more filings, more bank accounts, more tax reporting. My practical guidance for most Arizona investors: - **High equity or high risk** (a paid-off property, a pool, a short-term rental, multi-unit) — its own LLC. - **Low equity, low risk, small properties** — grouping two or three in one LLC is often a reasonable balance. - **Growing portfolios** — many investors put a holding LLC (sometimes an Arizona or Delaware entity) above a set of property-level LLCs to simplify management and estate planning. ### Getting the property into the LLC correctly Forming the LLC accomplishes nothing until the property is actually owned by it. That requires a deed — and there are several traps: 1. **The deed must be prepared and recorded properly.** A defective legal description or a deed that creates an unintended tenancy can cloud title for years. To hire us to prepare a Special Warranty Deed to transfer Arizona land to an LLC submit our [deed preparation questionnaire](https://www.keytlaw.com/azllclaw/special-warranty-deed). 2. **Due-on-sale clauses are real.** Nearly every mortgage lets the lender call the loan if the property is transferred. Freddie Mac — the Federal Home Loan Mortgage Corporation — publishes its servicing rules in *Servicing Freddie Mac Mortgages*, Series 8000. [Section 8406.4(b)](https://guide.freddiemac.com/app/guide/section/8406.4), Additional Permitted Transfers of Ownership, effective 10/20/2021, states that in situations where all of the following conditions are met, Freddie Mac will permit a Transfer of Ownership of the Mortgaged Premises: - At least 12 months have passed since the loan Origination Date, and - The transfer is to a limited liability company (LLC), provided that: The managing member of the LLC is the original Borrower. If there are multiple Borrowers, all of them must be members of the LLC, and at least one of them must be a managing member. In practice lenders rarely accelerate a performing loan, but you should go in knowing the risk, and some owners get lender consent first. 3. **Title insurance and hazard insurance must follow the deed.** Your existing owner's title policy may not extend to the new owner, and a landlord policy naming you individually may leave the LLC uninsured. Tell your insurance agent about the transfer and get the LLC named as an insured. 4. **Leases, rents and deposits need to move.** Assign existing leases to the LLC, have tenants pay the LLC, transfer security deposits into the LLC's account, and sign all future leases in the LLC's name. 5. **Check the Arizona property tax and exemption consequences.** A transfer to an LLC you own does not normally change the assessed value, but a property receiving an owner-occupied classification is a different analysis. Ask before you deed. Good news for Arizona landlordsArizona eliminated the transaction privilege tax on long-term residential rentals effective January 1, 2025. City residential rental tax no longer applies to leases of 30 days or more. Short-term rentals of fewer than 30 days and commercial leases are still taxable. ### Insurance alone is not a plan I hear "I have a $1 million umbrella policy" constantly. Insurance is essential and an LLC is not a substitute for it — but insurance has limits, exclusions, deductibles, and a carrier with a financial incentive to deny the claim. Mold, punitive damages, intentional acts, construction defects, employment claims and habitability claims are commonly excluded. When the policy does not respond, the LLC is what stands between the plaintiff and everything else you own. Use both. ## Why an Arizona Business Should Be Owned and Operated by an LLC A sole proprietorship offers zero liability protection. Neither does a general partnership — in fact a general partnership is worse, because each partner is personally liable for what the other partners do. If you are operating an Arizona business in your own name, you are personally on the hook for: - Every contract the business signs, including the office lease and equipment leases - Every business debt, trade payable and line of credit - Every act of every employee within the scope of employment - Every customer injury, product claim and professional error - Every employment claim — wrongful termination, discrimination, wage disputes - Every vendor dispute and every collection action Move the business into an LLC and those obligations belong to the company. The exceptions matter and I want you to know them going in: you remain personally liable for debts you personally guarantee (landlords and banks routinely demand guarantees), for your own negligent or wrongful acts, for unpaid payroll trust-fund taxes, and for anything you sign in your individual name rather than as an officer of the LLC. Beyond liability, an LLC gives an Arizona business real practical advantages: - **Credibility.** Customers, landlords, lenders and vendors treat "Desert Ridge Contracting, LLC" differently than "Bob Smith doing business as Desert Ridge Contracting." - **A framework for partners.** The Operating Agreement decides in advance who manages, how profits are split, what happens when a member dies, divorces, quits or becomes disabled, and how a member can be bought out. Business partnerships without a written agreement produce the ugliest litigation I see. - **Transferability and exit.** Selling membership interests in an LLC is far cleaner than selling a bundle of individual assets. - **Continuity and estate planning.** Membership interests can be owned by your revocable living trust, so the business passes to your family without probate. Interests can also be gifted to children over time, often at a valuation discount. ## How an Arizona LLC Is Taxed An LLC is a state-law liability shield, not a tax classification. The IRS lets you choose among four treatments, and choosing correctly can save thousands of dollars a year. - **Disregarded entity** (default for a single-member LLC). The LLC files no separate federal return. A rental property LLC reports on Schedule E; an operating business reports on Schedule C. Nothing about your tax filing changes when you form the LLC — the liability protection is free from a tax-complexity standpoint. - **Partnership** (default for a multi-member LLC). The LLC files Form 1065 and issues K-1s. Income flows through to the members; the LLC pays no federal income tax. - **S corporation** (by election). For a profitable operating business, this can substantially cut self-employment tax by splitting income between reasonable salary and distributions. This is usually a poor fit for rental real estate — putting appreciated real estate in an S corporation creates real problems on the way out. - **C corporation** (by election). Rarely the right answer for a small Arizona business, but occasionally useful. Arizona itself is straightforward: an LLC's income flows through to the members' Arizona returns, and Arizona has **no annual report and no annual franchise fee for LLCs** — unlike California, which charges $800 a year, or many other states with recurring fees. Once your Arizona LLC exists, it stays in good standing without an annual state filing. You do still need to keep your statutory agent information current with the ACC. ## What It Takes to Form and Maintain an Arizona LLC 1. **Choose a name** that is distinguishable from every other entity on the ACC's records and includes "limited liability company," "L.L.C." or "LLC." 2. **Appoint a statutory agent** with an Arizona street address who signs a Statutory Agent Acceptance (form M002). KEYTLaw, LLC, acts as the statutory agent for every LLC it forms. 3. **File Articles of Organization** with the Arizona Corporation Commission. The base filing fee is $50, or $85 total including expedited processing. All ACC fees are nonrefundable. 4. **Publication.** If your statutory agent's address is in Maricopa County or Pima County, you are exempt from newspaper publication — the ACC publishes the notice in its public database automatically. Outside those two counties, you must publish in a newspaper of general circulation for three consecutive weeks within 60 days of approval. LLCs we form do not need to publish their formation because our address as statutory agent is in Maricopa County. 5. **Adopt a written Operating Agreement.** Arizona does not require one and you do not file it, but it is the document that governs your company, proves separateness, and prevents member disputes. Single-member LLCs need one too. We prepare a custom Operating Agreement for every LLC we form. Protect Yourself: [19 Ways You Can Be Harmed if Your LLC Lacks a Well Written Operating Agreement](https://azllc.com/oa/). To hire us to prepare a custom Operating Agreement or amend an existing Operating Agreement for your Arizona LLC submit our [Operating Agreement Questionnaire](https://azllc.com/oaq/). 6. **Get an EIN** from the IRS and **open a dedicated LLC bank account.** Never run LLC money through a personal account. We get an EIN for the LLC when we are hired to form our Silver or Gold LLC formation package. See the contents and prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/). 7. **Transfer the asset.** Record the deed for real estate; execute a bill of sale and assignment of contracts, leases, licenses and accounts for a business. To hire us to prepare a Special Warranty Deed to transfer Arizona land to an LLC submit our [deed preparation questionnaire](https://www.keytlaw.com/azllclaw/special-warranty-deed). 8. **Handle licensing and taxes.** Arizona transaction privilege tax license if applicable, city licenses, industry and professional licenses, and payroll registration if you have employees. ## Mistakes That Destroy LLC Protection An LLC protects you only if you use it as a real, separate company. These are the errors I see most: - **Never deeding the property into the LLC.** The most common and most expensive mistake. An LLC that owns nothing protects nothing. - **Commingling money.** Paying personal bills from the LLC account, or depositing rents into your personal account, is the single strongest fact a plaintiff's lawyer can use against you. - **Signing in your own name.** Sign contracts and leases as "Richard Keyt, Manager of Sunrise Rentals, LLC" — never just "Richard Keyt." - **No Operating Agreement**, or a $49 internet form that does not address your actual situation. - **Free or bargain formation services** that file Articles and hand you generic documents with no legal advice about structure, tax election, deeds, insurance or succession. - **Letting the statutory agent lapse.** If the ACC cannot reach your agent, the company can be administratively dissolved — and a dissolved LLC is a gift to opposing counsel. - **Forgetting the estate plan.** If membership interests are titled in your name at death, they go through Arizona probate. Title them in your revocable living trust and they do not. ## Frequently Asked Questions About Arizona LLCs Does an Arizona LLC protect my personal assets from a tenant's lawsuit?Yes, if the LLC — not you — owns the rental property and you did not personally cause the injury. Under [A.R.S. § 29-3304(A)](https://www.azleg.gov/ars/29/03304.htm) the LLC's debts and liabilities are solely the LLC's, so a tenant's judgment against the LLC reaches the LLC's assets and insurance, not your home, savings or other properties. This law does not protect you from your misconduct. For example if you work on the electrical wiring and it caused the home to catch fire and harm a tenant, you can be sued because you are the person who caused the harm.How much does it cost to form an Arizona LLC?The Arizona Corporation Commission's base filing fee for Articles of Organization is $50, or $85 total including expedited processing. Arizona charges no annual report fee and no franchise tax for LLCs. Attorney fees for proper formation — including a custom Operating Agreement, deed preparation and tax-election guidance — are separate. See the contents and prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/).Do I need a separate LLC for each Arizona rental property?Not always, but separating properties limits how much a single catastrophic claim can reach. A claim arising at one property in a six-property LLC can consume the equity in all six. High-equity, high-risk and short-term rental properties generally justify their own LLC; small, low-equity properties are often reasonably grouped.Will transferring my rental property to an LLC trigger my mortgage's due-on-sale clause?It can. The federal [Garn-St Germain Act](https://www.law.cornell.edu/uscode/text/12/1701j-3) protects transfers into a revocable living trust but does not protect transfers to an LLC. Lenders rarely accelerate a loan that is being paid on time, but the right to do so exists. Some owners request lender consent before recording the deed.Does an Arizona LLC have to file an annual report?No. Arizona is one of the few states with no LLC annual report and no annual franchise fee. You must keep your statutory agent and the agent's address current with the Arizona Corporation Commission, and file amendments if your Articles information changes.Is a single-member Arizona LLC worth forming?Yes. A single-member LLC gets the same [A.R.S. § 29-3304](https://www.azleg.gov/ars/29/03304.htm) liability shield, and Arizona's charging-order-exclusive-remedy statute applies without the member-count restrictions some states impose. For federal taxes it is disregarded by default, so your tax filing does not change at all.Do I still need insurance if my property is in an LLC?Absolutely. Insurance pays claims; an LLC contains them. Insurance has limits, deductibles and exclusions, and when a claim exceeds or falls outside the policy, the LLC is what protects your other assets. Use both, and make sure the policy names the LLC as an insured after you deed the property.Can my living trust own my LLC?Yes, and it usually should. Titling membership interests in your revocable living trust keeps your rental properties and business out of Arizona probate and lets your successor trustee take over immediately if you die or become incapacitated. This is one of the most overlooked steps in Arizona asset protection.Should I form my LLC in Nevada, Wyoming or Delaware instead?Usually no. If the property or business is in Arizona, an out-of-state LLC must register as a foreign LLC in Arizona anyway, which means two sets of fees and two states' rules with no added protection. Arizona's own charging order statute is already among the strongest in the country.## Talk to an Arizona LLC Attorney Who Has Formed More Than 10,000 Arizona LLCs I am Arizona attorney Richard Keyt. I have practiced law in Arizona since 1979 and have formed over 10,000 Arizona limited liability companies and 550+ Arizona nonprofit corporations that became 501(c)(3) organizations. When I form your LLC you get an attorney — not a form-filling service — reviewing your structure, your tax election, your deed, your Operating Agreement and how the LLC fits into your estate plan. I offer a free consultation in my Scottsdale office, by phone, or by Zoom. There is no charge and no obligation to talk about whether an LLC makes sense for your Arizona rental property or business. [Book a Free Consultation](https://www.keytlaw.com/calendar)[Learn More at AZLLC.com](https://azllc.com) Call **480-664-7478** · Email · KEYTLaw, LLC, 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258 Serving Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Chandler, Queen Creek and all of Arizona. This article is general information about Arizona law, not legal advice, and reading it does not create an attorney-client relationship. Statutes, fees and federal reporting rules change. Your situation depends on facts this article cannot know. Consult an Arizona attorney before acting. [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [AZ LLC Landlord Guide: Required Tenant Rules & Notices](https://www.keytlaw.com/arizona-llc-tenant-lease-rules/) **Published:** July 4, 2026 **Author:** Richard Keyt **Content:** # AZ LLC Landlord Guide: Required Tenant Rules & Notices By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## Tenant Lease FAQ Summary When an Arizona LLC acquires land that is already subject to a lease, the lease does not end — it continues, and the LLC automatically becomes the tenant’s new landlord. The LLC must promptly give the tenant written notice of the ownership change that identifies the new landlord LLC and its manager, states where and how to pay rent going forward, confirms the lease terms are unchanged, and states who now holds and is responsible for the security deposit. The LLC should also obtain an assignment of the lease and the security deposit at closing, keep the rent and terms the same, and send the notice in a way that proves delivery. This FAQ explains the required information, the actions the manager should take, the residential and commercial security-deposit rules, and includes a sample change-of-ownership notice letter. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). Updated July 31, 2026 When an Arizona LLC takes ownership of land that is already subject to a lease, the lease does not end — it continues, and the LLC becomes the tenant’s new landlord. The LLC must promptly give the tenant written notice of the ownership change, identify the new landlord and its manager, tell the tenant exactly where and how to pay rent going forward, confirm that the lease terms are unchanged, and state who now holds and is responsible for the security deposit. This article explains the information the LLC must provide, the actions its manager should take, the security-deposit rules, and includes a sample notice letter you can adapt. You just moved title to a parcel of land into an Arizona LLC, and there is a tenant already renting that land under an existing lease. As the LLC’s manager, you now have specific things you must tell that tenant and specific steps you should take to protect the LLC. The questions and answers below walk through exactly what to do, and the article ends with a sample change-of-ownership letter you can fill in and send. ## Does the existing lease continue after land is transferred to an Arizona LLC? Yes. When ownership of leased real property changes hands in Arizona, the lease does not automatically terminate. The new owner takes title subject to the existing lease, and the LLC steps into the shoes of the former landlord. The tenant keeps the same rights it had before, and the LLC assumes the landlord’s duties — including the duty to honor the remaining term, the agreed rent, and the security-deposit obligation. Neither the sale nor the fact that the buyer is an LLC is, by itself, a reason to change or end the lease. ## What information must the LLC give the tenant? Give the tenant clear written notice that includes all of the following: - That ownership of the property has transferred to the LLC, and the effective date of the transfer. - The exact legal name of the LLC (the new landlord) and, if applicable, the name of the manager or management company handling the property. - A mailing address, email, and phone number for landlord communications and legal notices. - Where, to whom, and how the tenant must send rent going forward, and the date the new payment instructions take effect. - Confirmation that the lease continues unchanged and that all of its terms remain in effect. - The security-deposit amount the LLC is holding and a statement that the LLC is now responsible for it. - Any updated item the lease calls for, such as a certificate of insurance naming the LLC. ## Is the LLC legally required to notify the tenant of the change of ownership? Practically yes, and in some cases by statute. If the rental is residential and governed by the Arizona Residential Landlord and Tenant Act, A.R.S. § 33-1322 requires the landlord or the person authorized to manage the property to disclose in writing the name and address of the person authorized to manage the premises and an owner or agent authorized to receive notices and demands. A new owner is bound by that duty. For commercial, agricultural, grazing, or bare-land leases, the Act generally does not apply. But the lease itself — and basic self-protection — make written notice essential. Until the tenant is properly told about the change and where to pay, the tenant may be able to keep paying the former owner and still receive credit for the rent. Send your notice promptly and in a way that proves delivery, such as certified mail, a signed acknowledgment, or the notice method the lease requires. ## How should the LLC direct the tenant to pay rent going forward? Tell the tenant exactly how future rent works: the payee name (usually the LLC’s legal name), the payment address or online portal, the accepted methods (check, ACH, etc.), and the date the new instructions take effect. Keep the rent amount and the due date the same as the lease requires — the change of ownership is not the time to alter them. If you use a lockbox, an online portal, or a property manager, spell that out clearly, and ask the tenant to confirm receipt of the new instructions. ## What if the tenant keeps paying rent to the former owner? This is a real risk, and it is the main reason prompt written notice matters. If the tenant has not received proper notice of the change and new payment instructions, rent the tenant sends to the former owner may still count as paid. Coordinate with the seller at closing so that any rent the seller receives after the closing date is turned over to the LLC, and make sure the closing statement addresses the current month’s prorated rent and any prepaid rent. ## Who is responsible for the tenant’s security deposit after the transfer? At the end of the lease, the tenant will look to the current landlord — the LLC — for the return of the deposit. Because of that, the single most important deposit step is to make sure the deposit is actually transferred or credited to the LLC at closing. Standard practice is for the seller to credit the buyer for all held deposits on the settlement statement, or to hand them over directly, along with a written accounting. If the seller keeps the money and later cannot be found, the tenant can still demand the deposit from the LLC. Never close without accounting for every deposit and any prepaid rent. ## How much can the security deposit be, and when must it be returned? It depends on the type of lease. For a residential rental, Arizona law (A.R.S. § 33-1321) caps the deposit and prepaid rent at one and one-half months’ rent, and requires the landlord — after the tenancy ends and the tenant returns possession — to provide an itemized list of any deductions and refund the balance within fourteen business days. For commercial, agricultural, or bare-land leases, there is no statutory cap or statutory deadline. The deposit amount, the deductions the landlord may take, and the timing of any refund are governed by the lease. Either way, once the LLC takes over it must handle the deposit according to the lease and any law that applies. ## Does it matter whether the lease is residential or commercial or agricultural? Yes, it matters a great deal. Renting land is often for commercial, agricultural, grazing, storage, parking, billboard, or ground-lease use, none of which is covered by the Arizona Residential Landlord and Tenant Act. Those leases are governed mainly by the contract and general Arizona law. But if the land includes a dwelling that the tenant lives in, the Act applies and adds the written-disclosure, deposit-cap, and fourteen-business-day refund rules described above. Identify which kind of tenancy you have before you send anything, because it changes what the law requires of you. ## Can the LLC raise the rent or change the lease terms after buying the land? No — not in the middle of the term and not on your own. The LLC bought the land subject to the lease and must honor the existing rent and terms until the lease ends, or until a renewal or adjustment provision in the lease allows a change. After the current term ends, or if the lease is month-to-month, the LLC may propose new terms or a rent change using the notice the lease and Arizona law require. Buying the property is not, by itself, a reason to change the deal. ## What documents should the LLC obtain from the seller? At or right after closing, the LLC should collect and keep: - A written assignment of the lease (or leases) from the seller to the LLC. - Complete copies of the lease and every amendment. - A current rent roll. - The security deposits (or a closing credit for them) with a written accounting, plus any prepaid rent. - Ideally, a signed estoppel certificate or tenant acknowledgment confirming the rent, deposit amount, lease dates, and that neither side is in default. - The tenant’s current certificate of insurance, if the lease requires the tenant to carry coverage. ## What steps should the LLC’s manager take right away? - Read the entire lease and every amendment before you contact the tenant. - Confirm you received an assignment of the lease and full copies at closing. - Confirm the security deposit and any prepaid rent were transferred or credited to the LLC, with a written accounting. - Determine whether the lease is residential (the Act applies) or commercial or land (the contract governs). - Send the tenant prompt written notice of the ownership change and the new rent-payment instructions (see the sample below), using a method that proves delivery. - Keep the rent amount, due date, and all other lease terms the same. - Give the tenant the LLC’s W-9 if the tenant reports the rent it pays, and request any information you need from the tenant. - Request an updated certificate of insurance naming the LLC, if the lease requires the tenant to carry insurance. - Consider requesting a signed estoppel certificate or acknowledgment of the lease terms and deposit amount. - Set up your books to track the deposit and rent, and calendar the key lease dates (renewal, expiration, and any rent adjustments). - Update the LLC’s own records so notices and rent reach the right person. ## Sample letter notifying the tenant of the change of ownership and new rent payments Adapt the template below to your lease and your LLC. Replace the bracketed items with your information, delete the bracketed Arizona-law references if the lease is not residential, and keep a copy of the signed acknowledgment. \[LLC Legal Name\] \[LLC Mailing Address\] \[City, State, ZIP\] \[Date\] \[Tenant Name\] \[Tenant Mailing Address\] \[City, State, ZIP\] **Re: Change of Ownership of \[Property Address or Legal Description\] and New Rent Payment Instructions** Dear \[Tenant Name\]: This letter informs you that ownership of the land you lease at \[property address or description\] (the “Property”) was transferred on \[date\] to \[LLC Legal Name\], an Arizona limited liability company (the “New Owner”). \[LLC Legal Name\] is now your landlord. Your lease continues in full force. All terms of your existing lease dated \[lease date\] remain the same, including your rent amount, due date, and lease term. This change of ownership does not change your rights or obligations under the lease. Beginning with the rent payment due on \[effective date\], please make all rent payments as follows: Payable to: \[LLC Legal Name\] Mail or deliver to: \[payment address\], or pay online at \[portal address, if any\] Accepted methods: \[check / ACH / other\] Please do not send rent to the former owner on or after \[effective date\]. Rent remains due in the amount of $\[amount\] on the \[due day\] of each \[month or period\], as your lease requires. **Security deposit.** The New Owner is holding your security deposit of $\[amount\] that you paid under the lease and is responsible for it under the terms of your lease \[and Arizona law\]. Your deposit will be handled and, at the end of your tenancy, returned to you (less any amounts the lease allows) as your lease \[and Arizona law\] require. \[Insurance, if required: Please provide an updated certificate of insurance naming \[LLC Legal Name\] as \[additional insured / as required by the lease\] within \[number\] days of this letter.\] Please direct all future rent, questions, notices, and communications about your lease to: \[LLC Legal Name\] Attn: \[Manager or Management Company\] \[Address\] Phone: \[phone\] Email: \[email\] Please sign and return the enclosed copy of this letter to confirm your receipt of it and the current rent and deposit amounts. Thank you, and we look forward to a positive landlord-tenant relationship. Sincerely, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \[Name\], \[Manager / Authorized Signer\] \[LLC Legal Name\] Acknowledged and confirmed: Tenant: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date: \_\_\_\_\_\_\_\_\_\_ Current rent: $\_\_\_\_\_\_\_\_\_\_ Security deposit held: $\_\_\_\_\_\_\_\_\_\_ This article provides general information about Arizona law and is not legal advice. Every property, transaction, and lease is different. Consult a qualified Arizona attorney about your specific situation before you act. ## Need Help With Your Arizona LLC or Leased Property? Richard Keyt and Richard C. Keyt at KEYTLaw, LLC have formed more than 10,000 Arizona LLCs and can help you structure your holding LLC, review your leases, and handle notices the right way. Call us to talk about your land, your LLC, and your tenants. **Phone:** [480-664-7478](tel:+14806647478) | **Email:** | [keytlaw.com](https://www.keytlaw.com) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona LLC S Corp Election Guide & FAQ | KEYTLaw](https://www.keytlaw.com/llc-s-corp-election/) **Published:** July 4, 2026 **Author:** Richard Keyt **Content:** # Arizona LLC S Corp Election Guide & FAQ By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary An LLC can elect to be taxed as an S corporation, but the election has strict IRS deadlines, specific eligibility rules, and real compliance costs that owners must weigh against the potential payroll tax savings. This FAQ explains how the election works, what IRS forms to file, who qualifies, and the key pros and cons — so you can decide whether S corporation taxation makes financial sense for your LLC. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![s-corporation-election](https://www.keytlaw.com/wp-content/uploads/2026/07/s-corporation-election-1024x559.png "s-corporation-election - KEYTLaw") ## LLC S Corporation Election: Pros & Cons LLC S Corporation Election FAQ: How to Elect S Corp Tax Status & Pros and Cons | KEYTLawAn LLC can elect to be taxed as an S corporation by filing [IRS Form 8832](https://www.irs.gov/forms-pubs/about-form-8832) (to be treated as a corporation) and [IRS Form 2553](https://www.irs.gov/forms-pubs/about-form-2553) (to elect S corporation status) with the IRS. The election must generally be made within two months and 15 days of the start of the tax year for which it is to be effective. The primary benefit is a potential reduction in self-employment and payroll taxes: active member-employees pay payroll taxes only on their reasonable W-2 salary, while remaining profits pass through free of self-employment tax. The main drawbacks are increased administrative complexity, mandatory payroll, strict membership eligibility rules, and an earlier tax return deadline. Whether the S election makes financial sense depends on the LLC's net profit level, the cost of compliance, and the member's overall tax picture. Arizona LLC attorneys Richard Keyt and Richard C. Keyt — an attorney and former CPA — advise LLC owners on this election. ## LLC S Corporation Election: A Complete FAQ One of the most powerful — and misunderstood — tax strategies available to LLC owners is the election to be taxed as an S corporation. Done correctly and at the right profit level, it can save an LLC member thousands of dollars in payroll taxes every year. Done wrong — or at the wrong time — it adds compliance costs and audit risk that outweigh the savings. The following FAQ answers the most important questions Arizona LLC owners ask about the S corporation election: what it is, how to make it, who qualifies, and what the real-world pros and cons are. ## What the S Corporation Election Is — and Isn't **What does it mean for an LLC to be taxed as an S corporation?** An LLC is a state-law entity, not a federal tax entity. By default, the IRS taxes a single-member LLC as a sole proprietorship (disregarded entity) and a multi-member LLC as a partnership. When an LLC elects S corporation status, the IRS agrees to tax the LLC as if it were an S corporation for federal income tax purposes. The LLC still exists as an LLC under Arizona law — it does not become a corporation — but it is taxed under Subchapter S of the Internal Revenue Code. The members still own membership interests, still operate under an operating agreement, and still enjoy LLC liability protection. The S election changes only how the entity is taxed. **Does the S corporation election affect the LLC's liability protection?** No. The S corporation election is a federal income tax classification only. The LLC's legal structure — including the liability protection that shields members from personal responsibility for the LLC's debts and obligations — remains governed entirely by Arizona LLC law. Members retain the same statutory liability protection they had before the election. ## How to Make the S Corporation Election **What IRS forms does an LLC file to elect S corporation taxation?** An LLC that has not previously elected to be classified as a corporation must file two IRS forms: - **[IRS Form 8832](https://www.irs.gov/forms-pubs/about-form-8832) — Entity Classification Election.** This form tells the IRS the LLC wants to be treated as a corporation for federal tax purposes. Without this step, the IRS cannot treat the LLC as an S corporation because S corp status is only available to entities classified as corporations. - **[IRS Form 2553](https://www.irs.gov/forms-pubs/about-form-2553) — Election by a Small Business Corporation.** This form elects S corporation status under Subchapter S of the Internal Revenue Code. Many tax practitioners file both forms simultaneously, attaching [Form 8832](https://www.irs.gov/forms-pubs/about-form-8832) to [Form 2553](https://www.irs.gov/forms-pubs/about-form-2553) or filing them together in the same envelope. If the LLC previously filed [Form 8832](https://www.irs.gov/forms-pubs/about-form-8832) and was already being taxed as a C corporation, it only needs to file [Form 2553](https://www.irs.gov/forms-pubs/about-form-2553). **What is the deadline for making the S corporation election?** To have S corporation status apply for the current tax year, the election must be filed no later than two months and 15 days after the beginning of the tax year in which the election is to be effective. For a calendar-year LLC, that deadline is **March 15**. For a newly formed LLC, the two-month-and-15-day period begins on the date the LLC is formed, the date it first has assets, acquires business, or has members — whichever comes first. Missing this window means S corporation status does not take effect until the following tax year. **Late Election Relief.** The IRS may grant relief for late S corporation elections under Revenue Procedure 2013-30 if the LLC can demonstrate that the failure to timely file was due to reasonable cause. This relief is not automatic — it requires a written statement explaining the facts and requesting relief. A tax attorney or CPA can evaluate whether your situation qualifies. **Who must consent to the S corporation election?** Every member of the LLC who held a membership interest on the date the election is filed must sign [Form 2553](https://www.irs.gov/forms-pubs/about-form-2553), consenting to the election. If any member refuses to sign, the election cannot be made. This is a practical concern in multi-member LLCs where members may have different tax situations and different opinions about the strategy. ## Eligibility Requirements **What are the eligibility requirements for S corporation status?** To qualify for and maintain S corporation taxation, the LLC must satisfy all of the following requirements at all times: 1. **No more than 100 members.** All members of a family (as defined under the tax code) may be counted as one member for this purpose. 2. **Only one class of membership interest.** All members must have identical rights to distributions and liquidation proceeds. Different voting rights are permitted, but economic rights must be uniform. A multi-class structure (such as preferred and common membership interests) disqualifies the LLC. 3. **Only eligible members.** Members must be U.S. citizens, lawful permanent residents (green card holders), certain trusts (grantor trusts, qualified subchapter S trusts, or electing small business trusts), or estates. 4. **No nonresident alien members.** A nonresident alien who acquires even a single membership unit automatically terminates the S election. 5. **No entity members.** Corporations, partnerships, and most LLCs cannot be members of an LLC taxed as an S corporation. If an ineligible entity acquires a membership interest, the S election is automatically and immediately terminated. **Can an LLC with only one member elect S corporation status?** Yes. A single-member LLC may elect S corporation status. The sole member would be the only shareholder and would be required to receive a reasonable W-2 salary for services performed in the business. The remaining net profits would be distributed free of self-employment tax — the same tax-saving benefit available to multi-member LLCs. **Can an LLC taxed as an S corp have members who are themselves LLCs or corporations?** No. S corporation rules prohibit corporate shareholders, partnership shareholders, and most LLC shareholders. All members must be eligible individuals, qualifying trusts, or estates. If an ineligible owner acquires a membership interest — even inadvertently, such as through a transfer by an existing member — the S election is automatically terminated retroactively to the date the ineligible person or entity became a member. This can create a significant and unexpected tax problem. ## How S Corporation Taxation Works **How does S corporation pass-through taxation work?** An S corporation does not pay federal income tax at the entity level (with very limited exceptions for built-in gains and passive investment income). Instead, all income, deductions, credits, and losses pass through to the members in proportion to their ownership percentages. Each member reports their allocated share on their individual federal income tax return — on Schedule E of Form 1040. The LLC files an annual federal S corporation return on **IRS Form 1120-S** and issues a **Schedule K-1** to each member showing their share of income, deductions, and credits for the year. Members pay income tax on their K-1 income whether or not the LLC actually distributed the money to them. **What is the primary tax advantage of S corporation status for an LLC?** The main advantage is a potential reduction in self-employment (SE) and payroll taxes. Here is how the math works: - **Default LLC (no S election):** All net profit passing through to an active member is subject to self-employment tax — 15.3% on the first $176,100 of net earnings (2025 figure; this wage base adjusts annually) and 2.9% on amounts above that. On a $150,000 profit, that is roughly $21,195 in SE tax, paid entirely by the member. - **LLC taxed as S corporation:** The active member-employee receives a reasonable W-2 salary — say $80,000. That salary is subject to FICA payroll taxes (7.65% employee share + 7.65% employer share = 15.3%). The remaining $70,000 in profit is distributed to the member and is *not* subject to payroll or self-employment tax. The payroll tax savings on that $70,000 is approximately $10,710 — subject to offset by the additional compliance costs described below. **What does "reasonable salary" mean for S corporation member-employees?** The IRS requires every S corporation member who actively works in the business to receive a reasonable W-2 salary before any profit distributions are made. "Reasonable compensation" is defined as the amount a similar business operating at arm's length would pay for the same services. Factors the IRS considers include: - The nature, extent, and scope of services performed - Comparable wages for similar positions in the same industry and geographic area - The LLC's overall profitability - The member's qualifications, experience, and time devoted to the business - What the member was paid in prior years **Audit Warning.** Setting the salary too low to maximize tax-free distributions is one of the most common S corporation audit triggers. The IRS has successfully recharacterized artificially low salaries as wages in litigation, resulting in back payroll taxes, interest, and penalties. Your salary should be defensible based on market data for your role and industry. An experienced former CPA, such as Richard C. Keyt, can help you determine an appropriate salary range. **What tax return does an LLC taxed as an S corporation file?** The LLC files **IRS Form 1120-S** (U.S. Income Tax Return for an S Corporation) annually. Key deadlines: - **March 15** — Original filing deadline for calendar-year S corporations - **September 15** — Extended deadline if a timely extension (Form 7004) is filed Note that the S corporation return is due *one month earlier* than individual income tax returns. This matters because each member needs their Schedule K-1 from the LLC before completing their own Form 1040. Members can request a personal filing extension separately. **Does Arizona impose any special taxes or fees on LLCs that elect S corporation status?** Arizona recognizes and conforms to the federal S corporation election. Arizona S corporations file **Arizona Form 120S** annually. Arizona does not impose a franchise tax on LLCs or S corporations — a significant advantage compared to states like California, which charges a minimum $800 annual franchise tax regardless of profit. Members pay Arizona income tax on their share of S corporation income at Arizona's flat individual income tax rate. Member-employees also pay Arizona income tax on their W-2 wages. ## Compliance and Administrative Requirements **What are the bookkeeping and payroll requirements for an LLC taxed as an S corp?** This is where many LLC owners are surprised. Once the S election is in place and active members begin receiving salaries, the LLC must: - Run formal payroll for all member-employees through a payroll system - Withhold federal income tax, Social Security, and Medicare (FICA) taxes from each payroll check - Match the employee FICA withholding with an equal employer FICA contribution - Make timely federal and Arizona payroll tax deposits (often semi-weekly or monthly) - File quarterly IRS Form 941 (Employer's Quarterly Federal Tax Return) - File quarterly Arizona Form A1-QRT - Issue W-2s to all employee-members by January 31 each year - File Form W-3 with the Social Security Administration These obligations are best handled by a payroll service (such as Gusto, ADP, or Paychex) plus an experienced CPA. This is a significant administrative step up from a default single-member or multi-member LLC, where no payroll is required. ## Pros and Cons of S Corporation Taxation for an LLC The following table summarizes the key advantages and disadvantages of electing S corporation status for an LLC. ✅ Advantages ❌ Disadvantages Profits above the reasonable salary are distributed free of self-employment and FICA payroll taxes Mandatory W-2 payroll for active member-employees adds administrative burden and cost Can produce significant payroll tax savings for profitable LLCs (often $5,000–$20,000+ per year) IRS scrutinizes unreasonably low salaries — audit risk if salary is not defensible Pass-through taxation — no federal income tax at the entity level (with limited exceptions) Earlier tax return deadline — Form 1120-S due March 15 (one month before individual returns) Losses pass through to members and may offset other income on their personal returns (subject to basis and at-risk rules) Stricter membership eligibility — no foreign nationals, no corporations, no partnerships as members Arizona has no franchise tax on S corporations, unlike some other states One class of membership interest required — limits ownership flexibility and capital structure options LLC liability protection is fully preserved — the S election is a tax classification only Special allocations of income and loss are generally not permitted — income allocates strictly by ownership percentage Can still deduct 100% of health insurance premiums for 2%-or-more shareholders (with proper payroll treatment) More complex and expensive annual tax compliance — Form 1120-S plus Schedule K-1s typically cost more than a simple partnership or Schedule C return Elected S status can be revoked if the business circumstances change After revoking S status, the LLC generally cannot re-elect for five years without IRS consent Inadvertent termination risk — if an ineligible member acquires an interest, the election terminates automatically and retroactively ## Is the S Corporation Election Right for Your LLC? **At what income level does it make sense for an LLC to elect S corporation status?** There is no universal threshold, but the analysis is straightforward: the potential payroll tax savings must exceed the additional cost of compliance. Those additional costs typically include: - Payroll service fees: $500–$2,000 per year - Additional CPA fees for Form 1120-S and K-1s: $1,000–$3,000 per year above what a simple return would cost - Any state-level S corporation filing fees A commonly cited rule of thumb is that the S election produces meaningful net savings when the LLC's net profit exceeds roughly **$40,000–$60,000 per year** and the member actively participates in the business. Below that level, compliance costs may consume most or all of the payroll tax savings. Your CPA should model the specific numbers for your situation before you file. **Can the LLC revoke the S corporation election if it no longer makes sense?** Yes. An S corporation election can be voluntarily revoked. The revocation requires the written consent of members holding more than 50% of the total membership interests on the date the revocation is made. The revocation is filed with the same IRS Service Center that processed the original [Form 2553](https://www.irs.gov/forms-pubs/about-form-2553). - If filed on or before the 15th day of the third month of the tax year, the revocation is generally effective on the first day of that tax year. - If filed later, it is generally effective on the first day of the following tax year. **Five-Year Waiting Period.** After voluntarily revoking an S corporation election, the LLC generally cannot re-elect S corporation status for five years without IRS consent. Before revoking, make sure the decision is well-considered and the circumstances that made the S election disadvantageous are not likely to reverse. **Should I make the S corporation election myself, or hire a professional?** Given the strict timing rules, the ongoing compliance obligations, and the audit risk associated with setting an unreasonable salary, most LLC owners benefit significantly from working with a CPA before filing the election. An improperly completed or untimely [Form 2553](https://www.irs.gov/forms-pubs/about-form-2553) can be rejected by the IRS, leaving you without S corp status for the year and potentially exposing you to more self-employment tax than if you had never attempted the election. Arizona LLC attorneys Richard Keyt and his son, attorney and former CPA Richard C. Keyt, have formed 10,000+ Arizona LLCs. [See the fees and contents of our 3 LLC Formation Packages.](https://azllc.com/contents)[To hire us to form an LLC submit our online questionnaire at azllc.com/llcq](https://azllc.com/llcq), or call [480-664-7478](tel:4806647478) or email . ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Business Purchase & Sale Attorney | KEYTLaw](https://www.keytlaw.com/arizona-business-purchase-sale-attorney/) **Published:** July 29, 2026 **Author:** Richard Keyt **Content:** # Arizona Business Purchase & Sale Attorney Buying or selling a business is the largest transaction most people ever make outside of their home, and it is the one they are most likely to paper with a form the broker downloaded. We prepare the purchase and sale documents that decide who owns what and who pays the tax. [Richard Keyt](https://www.keytlaw.com/richard-keyt) has practiced Arizona business and contract law since 1979. His son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) is an attorney and former CPA. Together they have counseled Arizona buyers and sellers for decades and will answer your questions about buying or selling a business at no charge. [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com) have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). **Last updated July 24, 2026, by [Richard Keyt](https://www.keytlaw.com/richard-keyt), Arizona LLC attorney** To learn more about buying or selling an Arizona business read our articled called [Buying / Selling an Arizona Business FAQs & Checklist](https://www.keytlaw.com/buying-a-business-in-arizona/). To hire us to prepare business purchase/sale documents submit our online [Business Purchase / Sale Questionnaire](https://www.keytlaw.com/bizq). ## Buy or Sell an Arizona Business Buy or Sell an Arizona Business: Legal Services | KEYTLaw## On this page - [What we do for buyers and sellers](#services) - [Our four free guides](#guides) - [Documents we prepare](#documents) - [How the process works](#process) - [Buyers: what we protect you from](#buyers) - [Sellers: what we protect you from](#sellers) - [Four Arizona traps](#arizona) - [Why the broker's form is not enough](#broker) - [Questions about hiring us](#faqs) - [How to hire us](#hire) ## What We Do for Arizona Business Buyers and Sellers We represent one side of the deal — the buyer or the seller, never both — and we do the work that determines whether the transaction makes you money or makes you a defendant. Our business purchase and sale services include: - **Structuring the deal.** Asset purchase or entity purchase is the first decision, not the last, because it changes nearly every other term. We explain the trade-offs on your facts before you sign a letter of intent. - **Drafting and negotiating the letter of intent.** The LOI usually fixes price and structure. Once you have signed one, changing the structure looks like retrading the deal. - **Preparing the purchase agreement** — asset purchase agreement, stock purchase agreement, or membership interest purchase agreement — with the representations, warranties, indemnities, survival periods, escrow holdbacks and closing conditions that fit the transaction. - **Reviewing the other side's draft** and delivering a marked-up version with a written explanation of what each change does and why it matters. - **Negotiating the purchase price allocation** so your IRS Form 8594 and the other side's match, and so the allocation produces the tax result you negotiated for. - **Preparing seller financing documents** — promissory note, security agreement, UCC-1 financing statement, stock or membership interest pledge, and personal guaranties. - **Preparing ancillary agreements** — covenants not to compete, non-solicitation agreements, consulting and employment agreements, lease assignments and landlord consents, and bills of sale. - **Due diligence support.** Lien, judgment, UCC and bankruptcy searches, entity and good-standing verification, contract review, and a written list of what we found and what it means. - **Forming the acquisition LLC.** Buyers should never buy a business in their own name. We form the Arizona LLC, prepare its operating agreement and get it ready to close. - **Closing.** Closing checklist, closing binder, escrow instructions, and the assignments, consents and resolutions that actually transfer what you paid for. ## Our Four Free Guides to Buying and Selling an Arizona Business Before you call us, read these. They are free, they are detailed, and they will make your first conversation with a lawyer far more productive. ### [Buying / Selling an Arizona Business FAQs & Checklist](https://www.keytlaw.com/buying-a-business-in-arizona/) Thirty questions and a legal checklist covering asset purchases, due diligence, escrows and seller financing. Start here. ### [Buying a Business in Arizona: Asset vs. Entity Purchase](https://www.keytlaw.com/asset-vs-entity-purchase/) The single most important decision in the deal. Pros, cons, a side-by-side comparison, and how to protect yourself if you buy the entity. ### [Tax Consequences of Buying a Business in Arizona](https://www.keytlaw.com/tax-consequences-buying-business/) Basis step-up, the seven asset classes, Form 8594, bonus depreciation, Section 197 amortization and the elections that get a buyer a step-up on a stock deal. ### [Seller's Federal Income Tax Issues from Sale of a Business](https://www.keytlaw.com/tax-consequences-selling-business/) Capital gain vs. ordinary income, depreciation recapture, C corporation double tax, personal goodwill, installment sales and Arizona's capital gain subtraction. ## Documents We Prepare What a deal needs depends on how it is structured. This is what a typical closing binder contains. CategoryDocuments**Asset purchase**Asset purchase agreement, bill of sale, assignment and assumption agreement, assignments of contracts, leases, intellectual property and domain names, landlord consent to assignment, purchase price allocation exhibit, vehicle and titled-asset transfers.**Entity purchase**Stock purchase agreement or membership interest purchase agreement, assignment of interests, amended operating agreement, resignation and appointment of officers, managers and members, updated entity records, change-of-control consents.**Seller financing**Promissory note, security agreement, UCC-1 financing statement, membership interest or stock pledge agreement, personal guaranty (both spouses), subordination agreement if there is a bank or SBA lender.**Protecting the value**Covenant not to compete, non-solicitation of customers and employees, confidentiality agreement, consulting agreement, transition employment agreement.**Risk allocation**Disclosure schedules, escrow or holdback agreement and escrow instructions, indemnification provisions with caps, baskets and survival periods, earnout terms.**Buyer's new entity**Articles of organization, operating agreement, EIN, organizational resolutions, statutory agent appointment.## How the Process Works 1. **Free consultation.** Tell us about the business, the price, the structure the other side has proposed and where you are in the negotiation. We tell you what we see and what it will cost. No charge. 2. **Submit the questionnaire.** Complete our online [Business Purchase / Sale Questionnaire](https://www.keytlaw.com/bizq). It gathers the facts we need to draft: parties, entity type, assets, liabilities, price, payment terms, employees, leases and licenses. 3. **Structure and letter of intent.** We confirm the structure, coordinate with your CPA on the tax result, and prepare or review the LOI so the deal points are settled before anyone spends money on a long agreement. 4. **Due diligence.** Searches, entity verification, contract review and a written report of what we found. This is where deals get repriced, restructured or abandoned — all of which are cheaper than closing blind. 5. **Purchase agreement.** We draft it or we mark up theirs, then negotiate it. Representations, warranties, indemnities, escrow, survival periods and the price allocation all get settled here. 6. **Closing conditions.** Landlord consent, license transfers, lender approval, Arizona Department of Revenue tax clearance, DES statement, and the buyer's new LLC formed and funded. 7. **Closing and delivery.** Signatures, funds, filings and a complete closing binder you can hand to your CPA, your lender or the next buyer years from now. ## Buyers: What We Protect You From A buyer's exposure is almost entirely about liabilities the buyer did not know existed and did not agree to accept. The purchase agreement is the only thing standing between you and them. - **Buying the business in your own name.** Form an Arizona LLC and buy through it, with the operating agreement signed and the bank account open *before* the closing date. This is the cheapest protection in the entire transaction and buyers skip it constantly. - **Inheriting liabilities you never saw.** In an entity purchase you get every obligation the company ever incurred, disclosed or not. In an asset purchase you get only what you expressly assume — if the agreement says so clearly. - **An indemnity from a company that will not exist.** An indemnity from a selling LLC that distributes the proceeds and dissolves thirty days after closing is a sentence, not a remedy. Get personal indemnities from the individual owners and both spouses, plus an escrow holdback you already control. - **A price allocation that costs you deductions.** Dollars allocated to equipment can often be written off immediately. Dollars allocated to goodwill take fifteen years. Negotiate the allocation into the agreement. - **Representations that expire before problems surface.** Ninety-day survival periods protect nobody. Tax, title, ownership and environmental representations should survive far longer than operational ones. - **A non-compete Arizona courts will not enforce.** Arizona courts generally will not rewrite an overbroad covenant — they strike it. Get it drafted by an Arizona attorney, and get it from the individual owners, not just the entity. - **Losing the people and the lease.** Key employees can decline to come. Landlords can refuse to consent. Both need to be handled before you are contractually committed to close. ## Sellers: What We Protect You From A seller's exposure is about getting paid, keeping what you were paid, and not being sued two years later over something that was disclosed. - **Signing an LOI that gives away the structure.** An asset sale can cost a seller a great deal in depreciation recapture, and a C corporation seller can be taxed twice. Quantify that before you agree to a structure, then price it into the deal. - **Unsecured seller financing.** If you carry paper, secure it. Security agreement, UCC-1, a pledge of the interests you sold, and personal guaranties from the buyer and the buyer's spouse. An unsecured note from a buyer who runs the business into the ground is a lawsuit, not an asset. - **Unlimited indemnification.** Your exposure should have a cap, a basket, and a survival period. Without them you have sold the business and kept the risk. - **Sloppy disclosure schedules.** Most seller lawsuits are breach-of-representation claims. Complete, specific disclosure schedules are the single best defense a seller has, and they cost nothing but attention. - **Earnouts that turn into wages.** If your earnout is conditioned on your continued employment, the IRS may treat it as compensation instead of purchase price, converting capital gain into ordinary income subject to employment taxes. - **Guaranties you never released.** Selling the company does not release the personal guaranty you signed on the lease, the equipment loan or the line of credit. Getting released is a closing condition, and it is often the item nobody remembers until it is too late. ## Four Arizona Traps That Follow the Deal ### 1. Unpaid transaction privilege taxes Under [A.R.S. § 42-1110](https://www.azleg.gov/ars/42/01110.htm), a buyer of a business or stock of goods must withhold enough of the purchase money to cover the seller's unpaid transaction privilege taxes, interest and penalties until the seller produces a receipt or certificate from the Arizona Department of Revenue. A buyer who fails to withhold becomes personally liable for the former owner's unpaid taxes. Make a Letter of Good Standing an express condition to closing and hold back part of the price until it arrives. The Department must respond to the seller's Tax Clearance Application within fifteen days. It is free, and buyers still skip it. ### 2. Unemployment contributions and experience rating Under [A.R.S. § 23-733](https://www.azleg.gov/ars/23/00733.htm), a buyer who acquires an entire Arizona business, or substantially all of its assets, and keeps operating it takes the seller's unemployment experience rating and becomes liable for the seller's unpaid contributions, interest and penalties — and that liability becomes a lien on the acquired assets. On written request, the Arizona Department of Economic Security must furnish a statement of amounts due as of the acquisition date, and your liability cannot exceed the amount disclosed. Send the request. A bad experience rating can also cost thousands of dollars a year going forward, so have your accountant price it. ### 3. Licenses that do not transfer An Arizona transaction privilege tax license does not transfer. A Registrar of Contractors license belongs to the licensee, and a buyer generally must qualify for its own — which can mean a qualifying party with the required experience, a bond and an examination. A liquor license transfer needs approval from the Arizona Department of Liquor Licenses and Control and usually the local governing body. Professional licenses do not transfer at all. These approvals drive the closing calendar more often than anything else. ### 4. Community property and one-spouse signatures Arizona is a community property state. A guaranty or indemnity signed by only one spouse generally cannot be collected from community property, which means the promise you are relying on may be collectible only against a half interest in separate property that may not exist. If you want a real remedy, get both spouses to sign. **The pattern behind all four:** each of these protections is free or nearly free, each one is available only before closing, and each one is routinely skipped by parties who are in a hurry. The cheapest hour you will spend on the transaction is the first one. ## Why the Broker's Form Is Not Enough Business brokers perform a real service. They find buyers, they market the business and they keep a deal moving. But a broker is usually paid a commission when the transaction closes, and a commission is earned on closing, not on protecting you. Ask any broker who offers to supply the paperwork two questions: *Who do you represent?* and *How are you paid?* A downloaded form purchase agreement will move title. What it will not do is allocate unknown liabilities, secure your note, cap your indemnity, bind the price allocation, obtain the landlord's consent, condition closing on a tax clearance letter, or get both spouses' signatures on the guaranty. Those provisions are the difference between a deal and a lawsuit, and they are not in the form. > Legal fees on a properly papered business purchase are almost always trivial next to the purchase price — and microscopic next to the cost of litigating a deal that was papered badly. ## Questions About Hiring Us Do you represent buyers or sellers?Both, but never both sides of the same transaction. Buyers and sellers want opposite things, and a lawyer who tries to serve both serves neither.What does it cost?It depends on the structure, the size of the deal and how much negotiating the other side requires. We will quote you after the free consultation, once we know what the transaction actually involves. We would rather tell you the real number up front than surprise you later.How long does a business purchase take to close?A straightforward asset purchase typically takes 45 to 90 days. The four items that most often delay closing are landlord consent, liquor or contractor licensing, SBA or bank underwriting, and the Arizona Department of Revenue tax clearance letter. Entity purchases can close faster because there is less to transfer — but they require deeper due diligence, which takes its own time.When should I call you?Before you sign the letter of intent, and definitely before you sign anything the other side calls "just a formality." The LOI typically fixes price and structure, and both are very hard to change afterward without appearing to retrade the deal.I already signed a purchase agreement. Can you still help?Often, yes — depending on what the agreement says and what closing conditions remain unsatisfied. Call us. Some problems can still be fixed before closing, and some can be priced into an amendment.Do you work with my CPA?Yes, and we insist on it. Richard C. Keyt is a former CPA, which makes those conversations shorter. The structure has to produce the after-tax result you actually want, and that requires the lawyer and the accountant to be talking to each other before the documents are signed, not after the returns are filed.Can you form the LLC I will use to buy the business?Yes. We have formed 10,000+ Arizona LLCs. See the contents and fees of our [three LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/), or hire us at [keytlaw.com/llcq](https://www.keytlaw.com/llcq).Do you handle deals outside the Phoenix metro area?Yes. We represent buyers and sellers throughout Arizona and handle everything by phone, email and Zoom when that is easier for you.## How to Hire Us We recommend that every buyer and every seller of an Arizona business be represented by an experienced Arizona business attorney *before* becoming legally obligated to buy or sell. Rick and Ricky will answer your questions about buying or selling a business at no charge. **Step 1 — Talk to us.** Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar), call [480-664-7478](tel:+14806647478), or email . **Step 2 — Hire us.** Complete and submit our online [Business Purchase / Sale Questionnaire](https://www.keytlaw.com/bizq). **Buying? You also need an LLC.** See our [three LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) or submit our [LLC questionnaire](https://www.keytlaw.com/llcq). ### Richard Keyt, father Arizona business & LLC attorney since 1979 Phone: [480-664-7478](tel:+14806647478) Email: [See his bio](https://www.keytlaw.com/richard-keyt) ### Richard C. Keyt, son Attorney and former CPA Phone: [480-664-7472](tel:+14806647472) Email: [See his bio](https://www.keytlaw.com/richard-c-keyt) KEYTLaw, LLC · 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258 This page is general information about our legal services and Arizona law. It is not legal or tax advice for your transaction, and reading it does not create an attorney-client relationship. Every business purchase and sale has its own facts, and the right structure depends on them. Consult a qualified attorney and CPA before you agree to buy or sell a business. © 2026 KEYTLaw, LLC. All rights reserved. ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Nonprofit Formation & 501(c)(3) Attorneys | KEYTLaw](https://www.keytlaw.com/arizona-nonprofit-formation/) **Published:** March 5, 2026 **Author:** Richard Keyt **Content:** # How to Form a 501(c)(3) Tax Exempt Arizona Nonprofit Corporation [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick at 480-664-7478) and his son former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472) are Arizona attorneys who form nonprofit corporations and prepare and file IRS form 1023, the 501(c)(3) tax exemption application ![](https://www.keytlaw.com/wp-content/uploads/2026/03/form-nonprofit-corp-1024x559.png "- KEYTLaw") [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### **Building Your Mission on a Solid Foundation** Launching a nonprofit corporation in Arizona is a noble pursuit, but the bridge between a “good idea” and an **IRS-approved 501(c)(3) charity** is paved with complex state statutes and rigorous federal requirements. From drafting Articles of Incorporation that satisfy both the Arizona Corporation Commission and the IRS, to adopting conflict-of-interest and document retention policies that protect the corporation’s board of directors, the details matter. One mistake in your formation documents can lead to months of delays or, worse, a denial of your tax-exempt status. **Why Navigate the Bureaucracy Alone?** We help Arizona visionaries move past the paperwork and into their mission by providing the legal precision required to ensure your nonprofit corporation is compliant from day one, giving you the peace of mind to focus on what truly matters: the **corporation’s charitable activities.** Below, you’ll find a library of resources to help you understand the landscape. When you’re ready to ensure your Arizona nonprofit corporation is built to last, we’re here to handle the legal heavy lifting for you ## Our Arizona Nonprofit Corporation Formation Services - Step-by-Step Guide [How to Form an Arizona Nonprofit Corporation](https://www.aznonprofitcorp.com/how-to-form-an-arizona-nonprofit-corporation/) - See the [28 Arizona Nonprofit Corporation Formation Services](https://www.aznonprofitcorp.com/arizona-nonprofit-corporation-formation-service/) people get who hire us to form their Arizona nonprofit corporation - **Submit our** [Arizona Nonprofit Corporation Incorporation Questionnaire](https://www.aznonprofitcorp.com/npcq/) **to hire us to form your nonprofit corporation** - Hire Us to [Prepare IRS Form 1023, Application](https://www.aznonprofitcorp.com/1023-2/) for 501(c)(3) Tax Exemption - [Answers to Frequently Asked Questions](https://www.aznonprofitcorp.com/501c3-faq/) about 501(c)(3) Tax Exempt Charities - ## Stay Exempt: The IRS' online 501(c)(3) Workshop Stay Exempt is an educational resource developed by the IRS to help current and prospective tax-exempt organizations understand and maintain their tax-exempt status. Designed primarily for nonprofit leaders, board members, and volunteers, training modules, tutorials, and informative materials that cover topics such as applying for tax-exempt status, annual filing requirements, and compliance responsibilities are available. By providing clear, accessible guidance, Stay Exempt supports organizations in avoiding common pitfalls and sustaining their tax-exempt eligibility under IRS rules. Organization leadership and volunteers should review the limitations and expectations of Section 501(c)(3) organizations at the [Tax-Exempt Organization Workshop](https://www.irs.gov/charities-non-profits/stay-exempt/virtual-small-to-mid-size-tax-exempt-organization-workshop "Virtual small to mid-size tax-exempt organization workshop"). **IRS Tax Exempt 501(c)(3) Charity Publications** - **[Publication 1771: Charitable Contributions – Substantiation and Disclosure](https://www.irs.gov/pub/irs-pdf/p1771.pdf)** This explains exactly what a receipt must say for a donor to claim a deduction. It covers the $250 rule and “quid pro quo” disclosures (like when someone pays $100 for a $25 gala dinner). - **[Publication 598: Tax on Unrelated Business Income of Exempt Organizations](https://www.irs.gov/pub/irs-pdf/p598.pdf)** Even charities have to pay taxes sometimes. If you make money from an activity that isn’t related to your mission (like running a side business), this guide explains the **Unrelated Business Income Tax (UBIT)**. - **[Publication 526: Charitable Contributions](https://www.irs.gov/pub/irs-pdf/p526.pdf)** While written for donors, it’s a great resource for charities to understand which types of gifts (like time vs. money) are actually deductible. - **[Publication 557: Tax-Exempt Status for Your Organization](https://www.irs.gov/pub/irs-pdf/p557.pdf)** The definitive guide. It covers the rules for obtaining and maintaining status, including organizational structures, required language in bylaws, and how to avoid “private inurement” (giving too much benefit to insiders). - **[Publication 4221-PC: Compliance Guide for 501(c)(3) Public Charities](https://www.irs.gov/pub/irs-pdf/p4221pc.pdf)** A “cheat sheet” version of Pub 557 specifically for public charities. It outlines activities that could jeopardize your status, such as political campaigning or substantial lobbying. - **[Publication 4221-PF: Compliance Guide for 501(c)(3) Private Foundations](https://www.irs.gov/pub/irs-pdf/p4221pf.pdf)** If your charity is funded by a single family or corporation rather than the general public, you likely fall into this category. The rules on self-dealing and payout requirements are much stricter here. - **[Publication 1771: Charitable Contributions – Substantiation and Disclosure](https://www.irs.gov/pub/irs-pdf/p1771.pdf)** This explains exactly what a receipt must say for a donor to claim a deduction. It covers the $250 rule and “quid pro quo” disclosures (like when someone pays $100 for a $25 gala dinner). - **[Publication 598: Tax on Unrelated Business Income of Exempt Organizations](https://www.irs.gov/pub/irs-pdf/p598.pdf)** Even charities have to pay taxes sometimes. If you make money from an activity that isn’t related to your mission (like running a side business), this guide explains the **Unrelated Business Income Tax (UBIT)**. - **[Publication 526: Charitable Contributions](https://www.irs.gov/pub/irs-pdf/p526.pdf)** While written for donors, it’s a great resource for charities to understand which types of gifts (like time vs. money) are actually deductible - [501(c)(3) Tax Guide for Churches & Religious Organizations](https://www.irs.gov/pub/irs-pdf/p1828.pdf) #### Questions? Book a free meeting or call or email one of our Arizona attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Tax Consequences of Buying a Business in Arizona | KEYTLaw](https://www.keytlaw.com/tax-consequences-buying-business/) **Published:** July 26, 2026 **Author:** Richard Keyt **Content:** # Tax Consequences of Buying a Business in Arizona When you buy an Arizona business, the federal income tax consequences you face depend almost entirely on one question: are you buying the seller’s assets or the seller’s ownership interest (corporate stock or LLC membership interests)? The answer controls your cost basis in what you acquire, how quickly you can write off the purchase price, whether you inherit the seller’s tax history and liabilities, and how much federal income tax you will pay in the years after closing. This article explains the federal income tax rules that apply to the buyer of a business. It does not cover the tax consequences to the seller. By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). **Last updated July 24, 2026, by [Richard Keyt](https://www.keytlaw.com/richard-keyt), Arizona LLC attorney** To learn more about buying or selling an Arizona business read our articled called [Buying / Selling an Arizona Business FAQs & Checklist](https://www.keytlaw.com/buying-a-business-in-arizona/). To hire us to prepare business purchase/sale documents submit our online [Business Purchase / Sale Questionnaire](https://www.keytlaw.com/bizq). ## Business Buyer's Federal Income Tax Issues ## Asset Purchase vs. Equity Purchase ### What are the two ways to buy a business, and why does the choice matter for taxes? Every business acquisition is structured in one of two ways. In an **asset purchase**, you buy the individual assets the business uses — equipment, inventory, real estate, contracts, customer lists, trade name, and goodwill — and usually leave the seller's legal entity behind. In an **equity purchase**, you buy the ownership of the entity itself (the stock of a corporation or the membership interests of an LLC), and that entity keeps owning all of its assets and owing all of its debts. The two structures produce very different federal income tax results for the buyer, so you should decide the structure before you sign a letter of intent, not after. ### Why do buyers usually prefer an asset purchase? Buyers generally prefer an asset purchase for two federal income tax reasons. First, you receive a **cost basis** in the assets equal to what you paid, which lets you depreciate and amortize the purchase price and lower your future taxable income. Second, you generally do **not** inherit the seller's federal income tax liabilities or its tax history. Sellers often prefer the opposite structure, so the deal structure is almost always a negotiated point that affects price. ## Buyer Tax Consequences in an Asset Purchase ### What is my cost basis in the assets I buy? In an asset purchase your basis in each asset is its **cost** — the portion of the purchase price allocated to that asset, plus liabilities you assume and the costs you incur to complete the deal, such as legal and accounting fees. This is called a **stepped-up basis** because it is fresh and generally higher than the seller's old basis. That new basis is what you depreciate, amortize, or recover when you later sell the asset, so it is the single most valuable tax feature of an asset deal. ### How do I allocate the purchase price among the assets? Federal law does not let you assign the price however you wish. Internal Revenue Code [Section 1060](https://www.law.cornell.edu/uscode/text/26/1060) requires you to use the **residual method**, which sorts the assets into seven classes and allocates the price to each class in order, up to fair market value, with anything left over landing in the last class as goodwill: • **Class I** — cash and bank deposit accounts. • **Class II** — actively traded securities, certificates of deposit, and foreign currency. • **Class III** — accounts receivable and similar debt instruments. • **Class IV** — inventory and property held for sale to customers. • **Class V** — all other tangible assets, such as furniture, fixtures, equipment, vehicles, buildings, and land. • **Class VI** — [Section 197](https://www.law.cornell.edu/uscode/text/26/197) intangibles other than goodwill, such as customer lists, trademarks, licenses, and covenants not to compete. • **Class VII** — goodwill and going-concern value (the residual). The allocation matters because assets in different classes are written off at very different speeds. You will generally want more of the price in fast-write-off classes (equipment, which can often be deducted immediately) and less in goodwill (a slow 15-year write-off), while the seller usually wants the reverse. Because the number affects both parties, the allocation is normally negotiated and written into the purchase agreement. ### Do the buyer and seller have to file IRS Form 8594? Yes. Both the buyer and the seller must file [IRS Form 8594, Asset Acquisition Statement](https://www.irs.gov/forms-pubs/about-form-8594), with their federal income tax returns for the year of the sale, and the two forms must report the **same** allocation. Filing an allocation that contradicts the seller's is a red flag that can trigger an IRS examination, which is one more reason to lock the allocation into the signed purchase agreement so both sides report identically. ### Can I immediately deduct the cost of equipment and other tangible assets? Often, yes. Two rules let a buyer accelerate the write-off of tangible business property, and both apply to **used** assets bought from an unrelated seller, which is exactly what you acquire in most business purchases: • **Bonus depreciation ([Section 168(k)](https://www.law.cornell.edu/uscode/text/26/168)).** The One Big Beautiful Bill Act, signed July 4, 2025, restored and made **permanent** 100% bonus depreciation for qualifying property acquired and placed in service after January 19, 2025. Qualifying property generally means depreciable tangible assets with a recovery period of 20 years or less — machinery, equipment, computers, furniture, and vehicles. That means much of the equipment you buy can be fully deducted in the year you place it in service. • **[Section 179](https://www.law.cornell.edu/uscode/text/26/179) expensing.** As an alternative or supplement, Section 179 lets you elect to expense qualifying property up front. For 2026 the maximum deduction is $2,560,000, and it begins to phase out once your total qualifying purchases exceed $4,090,000. Whether to use these deductions in full is a planning decision. A large first-year deduction is not always ideal — for example, if your income in the first year is low, you may prefer to spread deductions into later, higher-income years. Discuss the timing with your CPA. ### How do I write off goodwill and the other intangible assets I buy? Goodwill and most other purchased intangibles are **Section 197 intangibles**, which you amortize (deduct) in equal amounts, straight-line, over **15 years**. This category includes goodwill, going-concern value, the value of a workforce in place, customer and supplier relationships, trademarks and trade names, and business licenses and permits. Unlike equipment, these assets cannot be deducted immediately — the 15-year period is fixed by statute even if you expect the value to be used up much sooner. ### How is a covenant not to compete taxed to me as the buyer? A covenant not to compete that you obtain from the seller in connection with buying the business is a **Section 197 intangible**. That means you amortize what you paid for it over **15 years** — even if the covenant itself only prohibits competition for three or five years. Buyers are frequently surprised that a three-year non-compete produces a fifteen-year write-off, so factor that slow recovery into how much of the price you allocate to it. ### How is purchased inventory treated? Inventory is not depreciated or amortized. Your cost of the inventory you buy becomes part of your **cost of goods sold** and is deducted as you sell each item. Until you sell it, the cost stays on your books as an asset. ## Buyer Tax Consequences in a Stock or Equity Purchase ### How am I taxed when I buy the stock or membership interests instead of the assets? When you buy the equity of the business, your **basis in the stock or interests** equals what you paid, but the **basis of the assets inside the entity does not change** — it carries over from the seller. This carryover basis is the key drawback for a buyer: you get no step-up and therefore no fresh depreciation or amortization deductions from the money you spent, even though you may have paid far more than the entity's old asset basis. Your purchase price is locked up in your stock basis and does not reduce your taxable income until you eventually sell the equity. ### Do I inherit the seller's tax history and liabilities in an equity purchase? Yes. Because the entity survives the sale, you step into its entire tax profile. You generally inherit its remaining tax attributes, such as net operating loss and credit carryforwards, but the change in ownership triggers the [Section 382](https://www.law.cornell.edu/uscode/text/26/382) limitation, which sharply restricts how much of those losses you can use each year. Just as important, you also inherit the entity's **liabilities**, including unpaid or unreported federal income and payroll taxes. This is why thorough tax due diligence and strong indemnification provisions matter so much more in an equity deal than in an asset deal. ### Can I get a basis step-up even though I bought stock? Sometimes. The tax law allows certain elections — principally under Sections [338(h)(10)](https://www.law.cornell.edu/uscode/text/26/338) and [336(e)](https://www.law.cornell.edu/uscode/text/26/336) — that let a stock purchase be **treated as an asset purchase** for federal income tax purposes, giving you the step-up and future deductions you want. These elections have strict eligibility requirements (they generally apply to S corporations or corporate subsidiaries), they usually must be made jointly with the seller, and they can shift tax cost onto the seller, so they are a negotiated item. If a step-up is important to you, raise these elections with your tax advisor before you agree on price and structure. ## Special Rules When You Buy an LLC ### What are the federal income tax consequences of buying an LLC? How the purchase of an LLC is taxed depends on how the LLC is taxed and on how much of it you buy. Under IRS Revenue Ruling 99-6: • **Single-member LLC (a disregarded entity).** Buying the membership interest is treated as buying the LLC's underlying assets directly, so you get asset-purchase treatment and a full basis step-up. • **Buying 100% of a multi-member LLC (taxed as a partnership).** The partnership terminates, and you are treated as having purchased the LLC's assets — again, asset-purchase treatment and a step-up. • **Buying less than all of a multi-member LLC.** The LLC continues as a partnership and you are treated as buying a partnership interest. To get a step-up in your share of the LLC's inside asset basis, the LLC should make a **[Section 754](https://www.law.cornell.edu/uscode/text/26/754) election**, which produces a [Section 743(b)](https://www.law.cornell.edu/uscode/text/26/743) basis adjustment in your favor. Confirm this election is made — without it, you lose the depreciation and amortization benefit of the price you paid. • **LLC that has elected to be taxed as an S or C corporation.** The purchase is taxed under the corporate rules described above, not the partnership rules. ## Other Federal Income Tax Issues for the Buyer ### Can I deduct interest on money I borrow to buy the business? Interest on debt you incur to acquire and operate the business is generally deductible as business interest, but the deduction is capped by the [Section 163(j)](https://www.law.cornell.edu/uscode/text/26/163) business interest limitation, which for most taxpayers limits the deduction to a percentage of adjusted taxable income. Many smaller businesses are exempt from this limitation under a gross-receipts test, so whether it affects you depends on the size of the business. Your CPA can tell you whether the limit applies. ### Are payments to the former owner under a consulting or employment agreement deductible? Reasonable amounts you pay the former owner for genuine post-closing services under a consulting or employment agreement are deductible as ordinary business expenses when paid. Be careful, though: if the IRS concludes the payments are really disguised purchase price rather than compensation for services, it can require you to capitalize them instead of deducting them. The agreement should reflect real, documented services at a reasonable rate. ### What about the seller's unpaid federal taxes in an asset deal? A major federal tax advantage of an asset purchase is that you generally do **not** assume the seller's federal income tax liabilities — you buy clean assets and leave the seller's tax problems with the seller's entity. That protection is one reason buyers favor asset deals. Keep in mind that separate successor-liability rules can apply to certain state taxes and to some employment tax situations, so you should still confirm the seller's tax standing during due diligence. ## Protecting Your Tax Position at Closing ### What should a buyer do to protect the tax outcome of the purchase? Decide on asset versus equity structure early, because it drives everything else. Negotiate the purchase price allocation and write it into the purchase agreement so that your Form 8594 and the seller's match. Confirm any needed elections — Section 338(h)(10), Section 336(e), or a Section 754 election for a partial LLC purchase — are documented before closing. Keep records of every acquisition cost so you can add them to basis. Above all, involve a business purchase attorney and a CPA before you sign, because the tax structure is far easier to get right at the front end than to fix after the deal closes. *This article provides general information about federal income tax rules and is not tax or legal advice for your specific transaction. Federal tax law changes, and the right structure depends on the facts of your deal. Consult a qualified attorney and CPA before buying a business.* ## Talk to an Arizona Business Purchase Attorney Arizona business and tax attorney Richard Keyt and his son, attorney and former CPA Richard C. Keyt, prepare business purchase and sale agreements and help buyers structure acquisitions to minimize federal income tax and avoid inheriting the seller's liabilities. Together they have formed 10,000+ Arizona LLCs and counseled clients on buying and selling Arizona businesses. To hire us to help you buy a business, submit our online Business Purchase Questionnaire at [keytlaw.com/bizq](https://www.keytlaw.com/bizq), call [Richard Keyt](https://www.keytlaw.com/richard-keyt) at 480-664-7478, or email him at . You can also call his son former CPA and business law attorney [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) at 480-664-7472 or email him at . To book a free office, phone or Zoom video consultation go to the Keyt's [online calendar](https://www.keytlaw.com/calendar). © 2026 KEYTLaw, LLC. All rights reserved. ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Probate Without a Lawyer: 5 Risks of Going DIY](https://www.keytlaw.com/do-it-yourself-arizona-probate/) **Published:** February 22, 2025 **Author:** Richard Keyt **Content:** ## Arizona Probate Without a Lawyer: 5 Risks of Going DIY Arizona law lets you file probate yourself. Here’s why it’s usually a costly mistake to do a probate without an attorney. Arizona probate attorney [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) opens uncontested informal Arizona probates for a $5,000 flat fee, reimbursable by the estate. Call him at 480-664-7472. Richard provides the dedicated legal counsel necessary to streamline the probate process, resolve disputes, and ensure the final wishes of your loved one are honored with precision. Ricky and his father have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). [Book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar) with Ricky, call him or email him at rck@keytlaw.com. For more about Arizona probates see our [13 probate articles](https://www.keytlaw.com/arizona-probate-attorney/). Must Read: [What is Arizona Probate, When Is It Required & How to Avoid It](https://www.keytlaw.com/arizona-probate-law-faq/) Updated July 26, 2026 ## Do-It-Yourself Probates Why You Should Never Do a Do-It-Yourself Arizona Probate - KEYTLawIf you are thinking about handling an Arizona probate yourself to save money, read this first. The moment the Superior Court appoints you personal representative you become a fiduciary held to the same standard of care the law applies to a professional trustee, and [A.R.S. § 14-3712](https://www.azleg.gov/ars/14/03712.htm) makes you personally liable to the heirs, devisees and creditors for every mistake you make along the way. This article gives you 27 specific reasons a do-it-yourself Arizona probate goes wrong: the statutory deadlines most people have never heard of, the notices that must be given and proved, the creditor payment order that can leave you writing a personal check, the tax elections that quietly cost surviving spouses millions, the court rules that stop DIY filings cold, and what happens the day a family member files an objection. It also explains why the whole debate is unnecessary — because under Arizona law the estate, not you, pays the probate attorney. Years of representing personal representatives in Arizona probates have taught me that a do-it-yourself probate is one of the worst financial decisions a grieving family member can make — because the person who signs the court papers becomes *personally* liable for every mistake, and because the estate, not the personal representative, pays the lawyer anyway. What's in this article: Table of Contents - [What you are actually signing up for](#job) - [Reasons 1–6: The court will trip you up](#court) - [Reasons 7–11: The notices and deadlines nobody tells you about](#notice) - [Reasons 12–16: Personal liability — the reason that should end the debate](#liability) - [Reasons 17–22: Creditors, taxes and assets](#money) - [Reasons 23–25: What happens when somebody objects](#fight) - [Reasons 26–27: You are not saving money](#economics) - [Our probate legal fee](#fees) - [How to hire us](#hire) ## First, Understand What You Are Actually Signing Up For People think probate is paperwork. It is not. Probate is a lawsuit without a defendant — a proceeding in the Superior Court of Arizona, supervised by a judge or a probate registrar, governed by the Arizona Rules of Probate Procedure, the Arizona Rules of Civil Procedure, county local rules, and roughly 200 sections of Title 14 of the Arizona Revised Statutes. And when the court signs the Letters of Appointment, you stop being a son, daughter or spouse in the eyes of the law and become a **fiduciary** — a person who holds and manages other people's money and who is held to the highest standard of conduct the law imposes on anybody. Arizona Revised Statutes [Section 14-3703(A)](https://www.azleg.gov/ars/14/03703.htm) says the personal representative "is a fiduciary who shall observe the standards of care applicable to trustees." A trustee's standard of care. Not a "did your best" standard. Not a "you're not a lawyer, so we'll go easy on you" standard. The same standard the law applies to a professional trust company. Here are 27 reasons why trying to meet that standard alone is a bad idea. ## The Court Will Trip You Up (Reasons 1–6) 1. **Probate is a Superior Court proceeding supervised by a judge.** Courts have rules of procedure, filing formats, caption requirements, service requirements, lodging requirements and deadlines. Clerks reject filings that do not comply. Every rejection costs you weeks, and in a probate, weeks turn into months while a house sits empty, insurance lapses and a mortgage keeps accruing interest. 2. **You have to know which of the many kinds of probate to file — or whether you need one at all.** Arizona has informal probate, formal probate, supervised administration, ancillary probate for out-of-state decedents who owned Arizona real estate, and special administration for emergencies. Arizona also has small estate affidavits under [A.R.S. § 14-3971](https://www.azleg.gov/ars/14/03971.htm) that avoid probate entirely: as of September 26, 2025, up to **$200,000** of net personal property (30 days after death) and up to **$300,000** of equity in Arizona real property (six months after death). I regularly meet people who spent months on a full probate they never needed — and people who used an affidavit they were not entitled to use and created a title problem that will surface at the worst possible time. 3. **Arizona requires court-approved fiduciary training before your Letters will issue.** If you are not a licensed fiduciary or a financial institution under [A.R.S. § 14-5651](https://www.azleg.gov/ars/14/05651.htm), you must complete the Arizona Supreme Court's non-licensed fiduciary training program and file the certificate or declaration of completion with the court. DIY personal representatives routinely discover this requirement only after the court refuses to issue their Letters — which means banks will not talk to them, title companies will not close, and nothing moves. 4. **You may not have the right to be appointed in the first place.** [A.R.S. § 14-3203](https://www.azleg.gov/ars/14/03203.htm) establishes a statutory order of priority for appointment as personal representative. People with equal or higher priority than you must renounce or be given notice. Skip that step and your appointment can be challenged, unwound, or converted into a contested formal proceeding — after you have already spent months acting as if you were in charge. 5. **Miss the two-year window and informal probate disappears.** Under [A.R.S. § 14-3108](https://www.azleg.gov/ars/14/03108.htm), informal probate and informal appointment proceedings generally cannot be commenced more than two years after the decedent's death. Families who "get around to it" after two years frequently find the simple, inexpensive path is closed and the only remaining options are more complicated and more expensive. 6. **A non-lawyer acting for other people's benefit may not be allowed to represent the estate.** You can always represent yourself. But as personal representative you are not representing yourself — you are acting for heirs, devisees and creditors. Arizona Supreme Court Rule 31 defines the practice of law to include representing another in a judicial proceeding and preparing documents that affect another's legal rights. When a personal representative is not the sole beneficiary, appearing without counsel raises a real unauthorized-practice-of-law problem, and courts have struck filings on that basis. ## The Notices and Deadlines Nobody Tells You About (Reasons 7–11) 7. **Thirty days to notify the heirs and devisees.** [A.R.S. § 14-3705](https://www.azleg.gov/ars/14/03705.htm) requires the personal representative to give information about the appointment to every heir and devisee within 30 days — including the specific content the statute requires and proof of compliance filed with the court. DIY personal representatives forget it, do it late, send it to the wrong people, or omit required language. 8. **Ninety days to prepare an inventory and appraisement.** [A.R.S. § 14-3706](https://www.azleg.gov/ars/14/03706.htm) requires an inventory within 90 days of appointment listing each asset in reasonable detail with its *date-of-death fair market value*, its character as community or separate property, and every encumbrance. Two of those items are legal conclusions, not data entry. Get the community-versus-separate characterization wrong and you may distribute the estate to the wrong people — which is exactly the kind of error [§ 14-3712](https://www.azleg.gov/ars/14/03712.htm) makes you pay for personally. 9. **The creditor notice rules are a trap with two different clocks.** [A.R.S. § 14-3801](https://www.azleg.gov/ars/14/03801.htm) requires publication of a notice to creditors once a week for three successive weeks in an approved newspaper *and* written notice mailed to all known creditors. Published creditors have four months from first publication; creditors given actual written notice have four months from publication or 60 days from mailing, whichever is later. Two clocks running at different times for different creditors, and the burden of proving you started both is on you. 10. **Missing a "reasonably ascertainable" creditor is your problem, not theirs.** If you fail to identify and mail notice to a known creditor, that creditor's claim is not cut off by your publication. It can surface after you have distributed the estate — and by then the money is gone and the person still holding the bag is you. 11. **Distributing early is the single most common DIY catastrophe.** Beneficiaries push hard: "Just send me my share." A personal representative who distributes before the claim period closes, before taxes are resolved, or before administration expenses are covered has just handed away money that is still owed to somebody else. Getting it back from a beneficiary who has already spent it is, as a practical matter, impossible. ## Personal Liability — The Reason That Should End the Debate (Reasons 12–16) **[A.R.S. § 14-3712](https://www.azleg.gov/ars/14/03712.htm):** "If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of his fiduciary duty." 12. **You are personally liable, and "I didn't know" is not a defense.** This is the number one reason nobody should do a DIY Arizona probate. The personal representative owes fiduciary duties to the estate, to the devisees, to the heirs and to the creditors, and is personally liable to all of them for any breach. I have never met a DIY personal representative who could list his or her fiduciary duties. If you do not know what your duty is, how can you possibly satisfy it? (And if you are not certain what a "devisee" is or how it differs from an "heir," you have just proved the point.) 13. **Self-dealing is the trap that catches good people.** Buying an estate car at a family discount. Letting a sibling live in the house rent-free. Paying yourself back for expenses without documentation or authority. Hiring your own company to clean out the home. None of these feel like wrongdoing. All of them are conflicts of interest that a probate judge will evaluate under the trustee standard of care — and a surcharge order lands on your personal balance sheet. 14. **Commingling estate money with your own money is a breach, full stop.** The estate needs its own federal taxpayer identification number and its own bank account before a single dollar moves. Depositing estate funds into your personal account — even briefly, even with perfect intentions — is a classic breach of fiduciary duty and, when a beneficiary later gets angry, it is the first thing their lawyer looks for. 15. **You have an affirmative duty to preserve and prudently manage estate assets.** Not just to hold them. A vacant house that burns because the homeowners policy lapsed, a rental property that sits empty because nobody re-listed it, a brokerage account left concentrated in a single collapsing stock, a business that loses its value because nobody kept it running — every one of those is a potential surcharge claim against the personal representative. 16. **The estate may own legal claims with deadlines that die with your inaction.** Wrongful death and survival actions, malpractice claims, unpaid receivables, insurance claims, claims against a caregiver or a person who exercised undue influence — the personal representative is the only person with standing to pursue many of them, and every one has a statute of limitations. Let it run and you have destroyed value that belonged to the beneficiaries. ## Creditors, Taxes and Assets (Reasons 17–22) 17. **Paying the right creditors in the wrong order makes you the payor of last resort.** [A.R.S. § 14-3805](https://www.azleg.gov/ars/14/03805.htm) sets a mandatory priority: administration costs first, then funeral and burial expenses, then federal debts and taxes, then last-illness medical and hospital expenses, then state taxes, then everybody else. Pay the credit cards first because the collector was the loudest, then run out of money before the funeral home is paid, and you can be personally liable for the shortfall. 18. **Statutory family allowances get missed, and they cost the family real money.** A surviving spouse is entitled to a **$18,000** homestead allowance ([§ 14-2402](https://www.azleg.gov/ars/14/02402.htm)), up to **$7,000** of exempt property over security interests ([§ 14-2403](https://www.azleg.gov/ars/14/02403.htm)), and a reasonable family allowance during administration ([§ 14-2404](https://www.azleg.gov/ars/14/02404.htm)) — all of which have priority over ordinary creditor claims. DIY personal representatives usually do not know these exist and hand the money to creditors instead. 19. **Probate has a tax return problem, and often three of them.** The decedent's final Form 1040. The estate's Form 1041 income tax returns for every year the estate is open. Sometimes a Form 706 federal estate tax return, generally due nine months after death. Add income in respect of a decedent, the step-up in basis, fiscal-year elections, and the § 645 election to treat a revocable trust as part of the estate. I am a former CPA, and I can tell you the tax side of a probate is where the quiet, expensive mistakes live. 20. **Blowing the portability election can cost a surviving spouse millions.** When a married person dies, the unused portion of their federal estate tax exemption can be transferred to the surviving spouse — but only if a Form 706 is timely filed electing portability, even when no tax is owed. Miss it and the exemption is simply gone. This is the most expensive single mistake I see families make without ever realizing they made it. 21. **Knowing what is and is not a probate asset is not obvious.** Life insurance with a named beneficiary, IRAs and 401(k)s, payable-on-death and transfer-on-death accounts, beneficiary deeds, joint tenancy property and trust assets generally pass outside probate. Community property, tenancy-in-common interests, solely titled accounts and business interests generally do not. Put a non-probate asset in the inventory and distribute it under the will, and you have just given somebody else's money away. 22. **Real estate, minors, missing heirs and digital assets each have their own rulebook.** Deeds of distribution have to satisfy the title company, not just the family. Money cannot simply be handed to a minor or an incapacitated heir — that often requires a conservatorship. Unknown or missing heirs require documented diligence. Online accounts, cryptocurrency and email are governed by Arizona's Revised Uniform Fiduciary Access to Digital Assets Act. And if the decedent received AHCCCS/ALTCS long-term care benefits, the State has an estate recovery claim you are obligated to address. ## What Happens When Somebody Objects (Reasons 23–25) 23. **The day a family member files an objection, you are in litigation.** Will contests, claims of undue influence or lack of capacity, competing or later-discovered wills, holographic will disputes, disputes about the validity of a beneficiary deed, demands for an accounting, petitions to remove you — probate court sees all of it. A DIY personal representative facing a represented objector is not in a fair fight. 24. **You can be removed, surcharged and denied compensation.** The court can remove a personal representative for failing to perform statutory duties, order the personal representative to repay losses out of pocket, deny the personal representative's fees, and in the right case award the other side's attorney fees. Every one of those outcomes lands on the individual who thought they were saving the family money. 25. **When you have a question, you have nowhere to go.** Court staff are prohibited from giving legal advice. The probate registrar cannot tell you what to do. The other side's lawyer is not your friend. Internet forms are not Arizona-specific, are frequently out of date, and come with no one who is accountable for the answer. Answering "what do I do now?" is precisely what you are paying a probate lawyer for. ## You Are Not Saving Money (Reasons 26–27) 26. **The estate pays the lawyer — you do not.** This is the part almost nobody understands. Attorney fees for administering the estate are an expense of administration payable from the estate's assets, and under [A.R.S. § 14-3720](https://www.azleg.gov/ars/14/03720.htm) a personal representative who acts in good faith is entitled to receive necessary expenses and reasonable attorney fees from the estate, successful or not. Administration expenses are also the *first* priority under § 14-3805. So the real question is not "can I afford a probate lawyer?" It is: why would you accept personal liability for a job the estate will pay a professional to do? 27. **Cleaning up a DIY probate costs more than doing it right.** Every probate lawyer in Arizona has taken over a half-finished DIY probate: notices that have to be redone, an inventory that has to be rebuilt, distributions that have to be clawed back, an angry beneficiary who now has counsel, a title company that will not insure. Repair work is always more expensive than construction. Sometimes the damage — a lapsed portability election, an expired statute of limitations, money distributed to the wrong person — cannot be repaired at all. > The old saying is that a person who represents himself has a fool for a client. In probate it is worse than that. When you represent yourself in an ordinary case, you risk your own money. When you serve as a DIY personal representative, you risk your own money on behalf of *other people* — and they are the ones who get to sue you. **If you are considering a do-it-yourself Arizona probate, do yourself a big favor: don't.** Hire an experienced Arizona probate lawyer to do it right and protect yourself from having a fool for a client. The cost is ultimately payable from the assets of the estate, not from your pocket. ## What Are the Legal Fees for an Arizona Probate, and Can the Personal Representative Be Reimbursed? I handle simple, uncontested, informal Arizona probates for a **fixed fee of $5,000**. No hourly billing surprises. Although the personal representative must pay our security deposit up front, the personal representative may be reimbursed from estate assets for that deposit. Complex, contested, formal or supervised probates, ancillary probates and estates with litigation are quoted separately — and I will tell you honestly during your free consultation which category yours falls into. ## How to Hire Arizona Probate Lawyer Richard C. Keyt 1. **Get answers to your probate questions.** Call Arizona probate attorney Richard C. Keyt at [480-664-7472](tel:4806647472) or email with any questions about an Arizona probate. You can also book a free office, phone or Zoom video meeting on his online calendar at . 2. **Complete our online [Probate Legal Service Agreement](https://www.keytlaw.com/az-probate/).** ### Call or email Richard C. Keyt Direct phone: [480-664-7472](tel:4806647472) Email: [See his bio](https://www.keytlaw.com/richard-c-keyt) [Book a Free Consultation](https://www.keytlaw.com/calendar) ## The Better Answer: Make Sure Your Family Never Needs a Probate Everything on this page is avoidable. A properly drafted and — this is the part people skip — *properly funded* revocable living trust keeps your family out of the Superior Court entirely. No court supervision, no publication to creditors, no 90-day inventory, no personal liability under [§ 14-3712](https://www.azleg.gov/ars/14/03712.htm), no public file that any stranger can read. A will alone does not do this. A will is a set of instructions *for* the probate court; it does not avoid probate. Joint tenancy and beneficiary designations are not substitutes for a real estate plan either — they solve one asset at a time and create their own problems. Every KEYTLaw estate plan includes a revocable living trust, a certification of trust, healthcare power of attorney, HIPAA authorization, financial power of attorney, living will, a deed transferring your home to the trust, designation of guardian for minor children, assignment of personal property to the trust, and a personal property memorandum. We also build an irrevocable asset-protected trust inside the plan for each beneficiary, so an inheritance is shielded from your beneficiary's creditors, ex-spouse and bankruptcy court. See our [estate plan contents and fixed fees](https://www.keytlaw.com/arizona-estate-plan-packages/), our [wills, trusts and estate planning article library](https://www.keytlaw.com/arizona-wills-trusts-articles/), or [book a free consultation](https://www.keytlaw.com/calendar). I want to help you protect your most valuable assets — your loved ones. ### **How to Hire Arizona Probate Lawyer Richard C. Keyt to Do an Arizona Probate** To hire Richard to do an Arizona probateollow these simple steps: 1\. Get answers to your probate questions. Call Arizona probate attorney Richard C. Keyt (480-664-7472) or email him at rck@keytlaw.com if you have any questions about an Arizona probate. You can also book a free office, phone or Zoom video meeting with Richard on his online calendar at . 2\. Complete our online [Probate Legal Service Agreement](https://www.keytlaw.com/az-probate/). ### Call or email Richard C. Keyt Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [What is Arizona Probate When Required & How to Avoid It](https://www.keytlaw.com/arizona-probate-law-faq/) **Published:** July 25, 2026 **Author:** Richard Keyt **Content:** # What is Arizona Probate When Required & How to Avoid It Arizona probate attorney [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) opens uncontested informal Arizona probates for a $5,000 flat fee, reimbursable by the estate. Call him at 480-664-7472. Richard provides the dedicated legal counsel necessary to streamline the probate process, resolve disputes, and ensure the final wishes of your loved one are honored with precision. Ricky and his father have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). [Book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar) with Ricky, call him or email him at rck@keytlaw.com. For more about Arizona probates see our [13 probate articles](https://www.keytlaw.com/arizona-probate-attorney/). Must Read: [What is Arizona Probate, When Is It Required & How to Avoid It](https://www.keytlaw.com/arizona-probate-law-faq/) Updated July 26, 2026 Arizona Probate Law Losing a loved one is hard enough without also being handed a confusing court process you never asked to manage. If you’ve been named the personal representative of an Arizona estate — or you’re simply trying to figure out whether probate is even required — this page answers the questions people ask me most. In plain English, you’ll learn what probate actually is, the difference between testate and intestate estates, what makes a will valid in Arizona (including handwritten wills), and the three types of Arizona probate: informal, formal, and supervised. You’ll also find out how long probate takes, what it costs, who can serve as personal representative and the serious personal liability that job carries, which assets skip probate entirely, and when a small-estate affidavit lets your family avoid probate altogether. Whether you’re planning ahead or dealing with a probate right now, these answers will help you understand your options and avoid the costly mistakes that catch do-it-yourself personal representatives off guard. Have a question that isn’t covered here? I don’t charge to talk to people — book a free office, phone, or Zoom meeting, and let’s sort it out together. What is Probate? The Complete Guide to Arizona Probate Law | KEYTLaw, LLCArizona Probate Law # What is Probate? A Complete Guide to Arizona Probate Everything Arizona families need to know about probate — what it is, when it is required, how long it takes, what it costs, and how to avoid it. By Arizona Probate Attorney Richard C. Keyt · KEYTLaw, LLC · Scottsdale, Arizona If someone you love has died and you are wondering whether you must go to court to transfer their home, bank accounts or car, this article answers the questions Arizona families ask most. It covers Arizona probate law only. Probate law in other states may differ. ## On This Page Click any question to jump to the answer. 1. [What is probate?](#what-is-probate) 2. [What do “testate” and “intestate” mean?](#testate-intestate) 3. [What is a testator and a testatrix?](#testator) 4. [Devisee vs. heir — what is the difference?](#devisee-heir) 5. [What makes a will valid in Arizona?](#valid-will) 6. [Is a handwritten will valid in Arizona?](#handwritten-will) 7. [Is a will signed outside Arizona valid?](#out-of-state-will) 8. [What are the types of Arizona probate?](#types-of-probate) 9. [What is an informal probate?](#informal-probate) 10. [Who may start an informal probate?](#who-initiates-informal) 11. [What is a formal probate?](#formal-probate) 12. [Who may start a formal probate?](#who-initiates-formal) 13. [What is a supervised probate?](#supervised-probate) 14. [Who may start a supervised probate?](#who-initiates-supervised) 15. [How long does an Arizona probate take?](#how-long) 16. [Who can be appointed personal representative?](#who-can-be-pr) 17. [Must the personal representative post a bond?](#bond) 18. [If a bond is required, how much is it?](#bond-amount) 19. [What are the duties of the personal representative?](#pr-duties) 20. [What if the personal representative has a conflict of interest?](#conflict) 21. [Is the personal representative entitled to be paid?](#pr-pay) 22. [What occurs during an Arizona probate?](#what-occurs) 23. [The informal probate process in plain English](#plain-english) 24. [What is the notice to creditors?](#notice-creditors) 25. [How can I get notices about a probate?](#get-notices) 26. [When is an Arizona probate necessary?](#when-necessary) 27. [What are probate assets?](#probate-assets) 28. [How does property transfer after death?](#how-property-transfers) 29. [What property transfers by operation of law?](#operation-of-law) 30. [What property transfers by contract?](#by-contract) 31. [When is probate required to transfer real estate?](#real-estate) 32. [Is there a small estate exception?](#small-estate) 33. [Can a spouse collect wages without a probate?](#spouse-wages) 34. [Personal property under $200,000](#personal-property-limit) 35. [Real property under $300,000](#real-property-limit) 36. [What does an Arizona probate cost?](#cost) 37. [Our Arizona probate service](#our-service) 38. [How to hire us](#hire-us) ## What is Probate? My 1975 edition of *Black’s Law Dictionary* defines probate as: > “The act or process of proving a will. . . . The proof before a . . . duly authorized person that a document produced before him for official recognition and registration and alleged to be the last will and testament of a certain deceased person, is such in reality. A judicial act or determination of a court having competent jurisdiction establishing the validity of a will. . . . In American law, now a general name or term used to include all matters of which probate courts have jurisdiction.” > > Black’s Law Dictionary (1975 ed.) The term “Arizona probate” means an Arizona Superior Court monitored legal proceeding by which the liabilities and probate assets of a deceased person (“decedent”) are paid and administered and the probate assets of the estate are transferred by a personal representative (called administrator, executor or executrix in other states) of the estate appointed by the Court. [A.R.S. § 14-3101](http://www.azleg.gov/ars/14/03101.htm). This article is a discussion of Arizona probate law only. Probate law in other states may differ from Arizona probate law. ## What Does “Testate” & “Intestate” Mean? If an Arizona resident dies with a Will that complies with the requirements of Arizona probate law, the person is said to have died **“testate,”** which means he or she has a valid Will and the decedent’s probate assets pass to the people or entities named in the Will. An Arizona resident who dies without a valid Will dies **“intestate”** and the decedent’s probate assets pass as provided in Arizona’s laws of intestate succession found at [A.R.S. § 14-2101](http://www.azleg.gov/ars/14/02101.htm) et seq. Why this mattersWhen an Arizona resident dies without a valid Will, Arizona law will determine who gets the decedent’s probate assets, which may result in people inheriting property contrary to the decedent’s wishes. ## What is a Testator and a Testatrix? A testator is a person who makes a Will. Under Arizona law, a testator can be male or female, but sometimes people use the word “testator” to mean a man who makes a Will and the word “testatrix” to mean a woman who makes a Will. [A.R.S. § 14-1201(55)](http://www.azleg.gov/ars/14/01201.htm). ## What is the Difference between a Devisee and an Heir? A **“devisee”** is a person designated in a Will to receive a devise, which is a disposition of real or personal property made under a Will. An **“heir”** is a person, including the surviving spouse, who is entitled to property of a decedent under Arizona’s law of intestate succession. [A.R.S. § 14-1201(13) and (23)](http://www.azleg.gov/ars/14/01201.htm). ## What Is Required for a Valid Will Under Arizona Probate Law? For a Will to be valid in Arizona, the Will must be: 1. in writing; 2. signed by the decedent or in the decedent’s name by some other individual in the decedent’s conscious presence and by the decedent’s direction; and 3. signed by at least two people, each of whom signed within a reasonable time after that person witnessed either the signing of the Will as described in paragraph 2 or the decedent’s acknowledgment of that signature or acknowledgment of the Will. [A.R.S. § 14-2502](http://www.azleg.gov/ars/14/02502.htm). ## Is a Handwritten Will Valid in Arizona? A Will that does not satisfy the above requirements of [A.R.S. § 14-2502](http://www.azleg.gov/ars/14/02502.htm) can be a valid Arizona Will if the signature and the material provisions are in the handwriting of the testator (whether or not it is witnessed). This type of Will is known as a **“holographic” Will**. [A.R.S. § 14-2503](http://www.azleg.gov/ars/14/02503.htm). TipAnybody who prepares a holographic Will should write the entire Will in his or her handwriting to prevent any question as to whether the “material provisions” are in the testator’s handwriting. ## Is a Will Signed Outside Arizona Valid Under Arizona Probate Law? A written Will is valid if its signing complies with the law at the time of signing of the place where the Will is signed, or of the law of the place where at the time of signing or at the time of death the decedent is domiciled, has a place of abode or is a national. [A.R.S. § 14-2506](http://www.azleg.gov/ars/14/02506.htm). ## What are the Types of Arizona Probate Proceedings? There are three types of probates in Arizona: **informal**, **formal** and **supervised**. Most Arizona probates are informal because they are usually cheaper in terms of attorneys’ fees and quicker. Not all estates, however, are eligible for informal probate. Contested estates are usually resolved in a formal probate, which can include court hearings, depositions, motions, discovery and a trial just as any other Superior Court litigation. ## What is an Informal Arizona Probate? An informal probate is an Arizona Superior Court proceeding overseen by a “registrar,” which means a judge, the clerk of the court or a court commissioner designated to oversee and administer informal probates. Because informal probates have the lowest level of court supervision, they generally can be completed for less legal fees and time than formal and supervised probates. An informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. [A.R.S. § 14-3302](http://www.azleg.gov/ars/14/03302.htm). ## Who May Initiate an Arizona Informal Probate? Any of the following may initiate an informal probate: 1. The surviving spouse of the decedent. 2. An adult child, a parent, a brother or a sister of the decedent. 3. A person who is an heir of the decedent. 4. A person nominated as a personal representative by a probated Will or the Will for which probate is asked or pursuant to a power conferred by the Will. 5. If the decedent was a nonresident of Arizona, any person who is qualified under paragraphs 1 – 4 above or a personal representative appointed in the decedent’s state of domicile or the nominee of the personal representative. 6. If the decedent was a veteran, the Department of Veterans’ Services. 7. Any creditor of the decedent after 45 days after the death. 8. The public fiduciary if no person is qualified and willing to serve as personal representative under 1 – 7 above. ### Do You Have Probate Questions? Book a free office, phone or Zoom video meeting with Arizona probate attorney Richard C. Keyt and get answers about your family’s situation. [Book a Free Consultation](https://www.keytlaw.com/calendar) [Call 480-664-7472](tel:+14806647472) ## What is a Formal Arizona Probate? A formal probate is litigation in Arizona Superior Court to determine whether a decedent left a valid Will. A formal probate may be commenced by an interested person filing a petition that requests that the court, after notice and hearing, enter an order probating a Will, or a petition to set aside an informal probate of a Will or to prevent informal probate of a Will that is the subject of a pending informal probate. A formal probate may also be filed to obtain a Court order that the decedent died intestate. A petition may seek formal probate of a Will even if the same or a conflicting Will has been informally probated. During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any Will of the decedent or any application for informal appointment of a personal representative of the decedent. Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must not make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of his office and requesting the appointment of a special administrator. In the absence of a request or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution. See [A.R.S. § 14-3401](http://www.azleg.gov/ars/14/03401.htm). ## Who May Initiate a Formal Arizona Probate? Any interested person may file a petition with the Superior Court to initiate an Arizona formal probate. A petition for a formal probate may be filed even if an informal probate was previously opened. See [A.R.S. § 14-3401](http://www.azleg.gov/ars/14/03401.htm). ## What is a Supervised Arizona Probate? A supervised probate is a cross between an informal and a formal probate. In general, a supervised probate is similar to an informal probate, except the personal representative cannot enter into an agreement to sell real property or make any distributions without the prior approval of the Court. [A.R.S. § 14-3504](http://www.azleg.gov/ars/14/03504.htm). In a supervised probate, the personal representative administers and settles the decedent’s estate under the continuing authority of the Court that must approve all distributions and the discharge of the personal representative from duties or other order terminating the probate. A supervised personal representative is responsible to the Court, as well as to the interested parties, and is subject to directions concerning the estate made by the Court or on the motion of an interested party. During a supervised probate, the personal representative must file an annual accounting and a final accounting concerning the estate. [A.R.S. § 14-3505](http://www.azleg.gov/ars/14/03505.htm). ## Who May Initiate a Supervised Arizona Probate? Any interested person or a personal representative in an informal probate may file a petition for a supervised probate at any time, even if an informal probate is pending. [A.R.S. § 14-3502](http://www.azleg.gov/ars/14/03502.htm). ## How Long Does it Take to Complete an Arizona Probate? In the best of circumstances, an Arizona probate will take five or six months after the opening of the probate. Most informal probates last six to eight months depending on how quickly the personal administrator completes all required duties. The primary reason a probate cannot be completed in less than five months is because the personal representative must give a notice to creditors and then wait four months before the probate can be closed. All Arizona probates have the four month creditors claim period. Complex probates and formal probates can take much longer. If a trial is necessary, a formal probate could last one to two years or longer. ## Who Can be Appointed Personal Representative of an Arizona Probate? Arizona probate law provides that the following persons who are not disqualified may be appointed as personal representative of a testate or an intestate estate (regardless of whether the probate is formal or informal) in the following order of priority: 1. The person with priority as determined by a probated Will, including a person nominated by a power conferred in a Will. 2. The surviving spouse of the decedent who is a devisee of the decedent. 3. Other devisees of the decedent. 4. The surviving spouse of the decedent. 5. Other heirs of the decedent. 6. If the decedent was a veteran, the Department of Veterans’ Services. 7. Any creditor of the decedent after 45 days after the death of the decedent. 8. The public fiduciary. [A.R.S. § 14-3203(A)](http://www.azleg.gov/ars/14/03203.htm). A person is **not qualified** to serve as a personal representative if the person is: 1. Under the age of eighteen. 2. A person whom the court finds unsuitable in formal proceedings. 3. A foreign corporation. A **formal probate is required** to appoint a personal representative in any of the following situations: 1. If there is a person with a higher order of priority who has not renounced or waived the person’s right by appropriate writing filed with the court. 2. If a priority is shared by two or more persons, as devisees or as heirs and one or more of them has not renounced or concurred in nominating the person whose appointment is applied for. 3. If appointment is sought for a person who does not have any priority the court shall determine that those having priority do not object to the appointment, and that administration is necessary. ## Must the Personal Representative Post a Bond? A bond is required of a personal representative unless either: 1. The Will expressly waives the bond. 2. All of the heirs if no Will has been probated, or all of the devisees under a Will which does not provide for waiver of the bond, file with the Court a written waiver of the bond requirement. 3. The personal representative is a national banking association, a holder of a banking permit under Arizona law, a savings and loan association authorized to conduct trust business in Arizona, a title insurance company qualified to do business in Arizona, a trust company holding a certificate to engage in trust business from the Arizona superintendent of banks or the public fiduciary. 4. The petition for formal or informal appointment alleges that the probable value of the entire estate will permit summary procedures under [A.R.S. § 14-3973](http://www.azleg.gov/ars/14/03973.htm) and the surviving spouse, or the nominee of the surviving spouse, is applying for appointment as personal representative. In any case where a bond is not required, the Court may, upon petition of any interested person and upon reasonable proof that the interest of the petitioning person is in danger of being lost because of the administration of the estate, require a bond in such amount as the Court directs to protect the interest of the petitioner or of the petitioner and others. An heir or devisee who initially waived bond may later file a petition asking the Court to require a bond. If a bond is not initially required because the petition for appointment alleges that the probable value of the entire estate will permit summary procedures under [A.R.S. § 14-3973](http://www.azleg.gov/ars/14/03973.htm), and it later appears from the inventory and appraisal that the value of the estate will not permit use of such procedures, then the personal representative must promptly file a bond unless one is not required for some other reason set forth in [A.R.S. § 14-3603(A)](http://www.azleg.gov/ars/14/03603.htm). ## If a Bond is Required, How Much is the Bond? If a bond is required and the Will does not specify the amount, the general rule is that the bond must be for an amount equal to the sum of: (i) the value of the decedent’s personal estate plus (ii) the value of the decedent’s real estate less encumbrances thereon, plus (iii) all income expected from the personal and real estate during the next year. The amount of the bond may be reduced by the amount of any real estate, less encumbrances thereon, if the letters issued to the personal representative contain the restriction that sales of real property by the personal representative are subject to court approval. On petition of the personal representative or another interested person, the Court may waive the bond requirement, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties. [A.R.S. § 14-3604](http://www.azleg.gov/ars/14/03604.htm). ## What are the Duties of the Personal Representative? A personal representative is a fiduciary who shall observe the standards of care applicable to trustees under [A.R.S. § 14-7402](http://www.azleg.gov/ars/14/07402.htm) and the duties of accounting applicable to trustees as provided in [A.R.S. § 14-7403](http://www.azleg.gov/ars/14/07403.htm). A personal representative has the duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective Will and Arizona law as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred by Arizona law, the terms of the Will, if any, and any order in proceedings to which the personal representative is a party for the best interests of successors to the decedent’s estate. [A.R.S. § 14-3703](http://www.azleg.gov/ars/14/03703.htm). The personal representative shall proceed expeditiously with the settlement and distribution of a decedent’s estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order or direction of the Court, but he may invoke the jurisdiction of the Court to resolve questions concerning the estate or its administration. [A.R.S. § 14-3704](http://www.azleg.gov/ars/14/03704.htm). The personal representative’s duties include, but are not limited to the following: 1. At the time of appointment as personal representative, preparing a Notice to Creditors, publishing it in a newspaper and delivering or mailing the Notice to known creditors of the decedent and other persons entitled to notice. [A.R.S. § 14-3801](http://www.azleg.gov/ars/14/03801.htm). 2. Not later than 30 days after being appointed, a personal representative must notify the heirs and devisees about the appointment of the personal representative as the personal representative of the estate of the decedent. [A.R.S. § 14-3705](http://www.azleg.gov/ars/14/03705.htm). 3. Within 90 days after appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare an inventory of property owned by the decedent at the time of death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent’s death, its nature as community or separate property and the type and amount of any encumbrance that may exist with reference to any item. The personal representative may file the original of the inventory with the court and send a copy of the inventory only to interested persons who request it; or, if he elects not to file the inventory with the court, he must deliver or mail a copy of the inventory to each of the heirs in an intestate estate, or to each of the devisees if a Will has been probated, and to any other interested persons who request it. [A.R.S. § 14-3706](http://www.azleg.gov/ars/14/03706.htm). 4. If the personal representative becomes aware of any property not included in the original inventory or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, the personal representative must make a supplementary inventory or appraisement showing the market value as of the date of the decedent’s death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the Court if the original inventory was filed, or furnish copies thereof or information thereof to persons interested in the new information. [A.R.S. § 14-3708](http://www.azleg.gov/ars/14/03708.htm). 5. Except as otherwise provided by a decedent’s Will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled to it unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. [A.R.S. § 14-3709(A)](http://www.azleg.gov/ars/14/03709.htm). 6. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection and preservation of the estate in the personal representative’s possession. [A.R.S. § 14-3709(A)](http://www.azleg.gov/ars/14/03709.htm). Personal Liability WarningIf the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trustee of an express trust. ## What if the Personal Representative has a Conflict of Interest? Any sale or encumbrance to the personal representative, the personal representative’s spouse, agent or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction that is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless either: 1. The Will or a contract entered into by the decedent expressly authorized the transaction. 2. The transaction is approved by the Court after notice to interested persons. [A.R.S. § 14-3713](http://www.azleg.gov/ars/14/03713.htm). ## Is the Personal Representative Entitled to Be Paid? A personal representative is entitled to reasonable compensation for his services. If a Will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. [A.R.S. § 14-3719](http://www.azleg.gov/ars/14/03719.htm). ## What Occurs During an Arizona Probate? To open an Arizona probate, a person or entity must file an Application for Appointment as personal representative with the Arizona Superior Court requesting that the Court: (i) accept the decedent’s original Will for probate (if there is a Will), and (ii) appoint a personal representative to administer the decedent’s estate. To open a probate, the prospective personal representative must also: (i) file with the Arizona Probate Court a written Acceptance of Personal Representative, an approved Order to Personal Representative and a Statement of Informal Probate, and (ii) post a bond if necessary. The Court will generally appoint the person or entity named as personal representative in the Will as the decedent’s personal representative unless the person is not qualified, declines, is unable or is challenged by an interested party. The Court will usually appoint a personal representative without a formal hearing. If the decedent died intestate, i.e., without a Will, a person or entity files a petition with the Arizona Superior Court alleging that the decedent is intestate and asking that the Court appoint a personal representative to administer the estate. If the Arizona Probate Court is satisfied that all requirements have been met and all information has been supplied, it will open the probate and issue a document known as **“Letters Testamentary”** by which the Court appoints the personal representative of the estate. The personal representative may give copies of the Letters Testamentary to people and entities to show that a probate was opened and that the personal representative has the authority to act on behalf of the estate. The Probate Code provides a list of persons who have priority to petition to become executor. In a formal probate, notices of any hearing date must be sent to the heirs and/or relatives to let them know when the hearing will be held. If there are objections to the petition, or if the validity of the Will is contested, a hearing will be used to resolve any problems that have arisen. In some cases this may mean that the validity of the Will is not upheld, or that some other person than the original petitioner is chosen to administer the estate. In most cases, however, there is no objection and the petition is granted. The executor then makes an inventory of the estate’s assets, locates creditors, pays bills, files tax returns, and manages the estate assets. When all of the duties of the executor are completed, but not earlier than four months after the probate is opened, another petition is filed with the Court asking that the estate be distributed to the devisees or heirs. If this petition is granted, the probate is completed by distributing the assets to the devisees or heirs and filing final tax returns. ## Can You Explain the Informal Probate Process in English? 1. Petition the Court for Appointment of Personal Representative and probate the Will, if there is a Will. 2. Send notice of appointment of personal representatives to devisees or heirs and other interested persons. 3. Send Notice to Creditors and publish it in a newspaper. 4. Collect probate assets and pay debts owed by the estate. 5. Prepare an inventory of probate assets including the value of the assets and file it with the court and send copies to interested parties or in lieu of filing it with the court, send it to all devisees or heirs and interested parties. 6. Prepare and file any necessary federal, state and local tax returns and pay any taxes owed by the decedent and the estate. 7. Distribute probate assets as provided in the Will (for testate estates) or as provided in the Arizona laws of intestate succession (for decedents who do not have a valid Will). 8. Close the probate. ## What is the Notice to Creditors? After appointment, the personal representative must prepare a Notice to Creditors and cause it to be published once a week for three successive weeks in a newspaper of general circulation in the county in which the probate Court is located. The Notice to Creditors announces the appointment and address of the personal representative and notifies creditors of the estate to present their claims against the estate within four months after the date of the first publication of the notice or be forever barred. [A.R.S. § 14-3801](http://www.azleg.gov/ars/14/03801.htm). A personal representative must give written notice by mail or other delivery to all known creditors, notifying the creditors of the personal representative’s appointment. The notice must also notify all known creditors of the decedent to present the creditor’s claim within four months after the published notice, if notice is published in a newspaper or within sixty days after the mailing or other delivery of the notice, whichever is later, or be forever barred. ## How Can I Get Notices Involving an Arizona Probate? Any person desiring notice of any order or filing pertaining to a decedent’s estate in which the person has a financial or property interest may file a demand for notice with the appropriate Superior Court at any time after the death of the decedent stating the name of the decedent, the nature of the person’s interest in the estate and the person’s address or that of the person’s attorney. The person filing the demand for notice must mail a copy of the demand for notice to the personal representative of the estate if one has been appointed. An interested person may file a demand for notice even if an Arizona probate is not yet pending. After filing of a demand for notice, no order or filing to which the demand relates shall be made or accepted without prior notice to the person or his attorney. A petitioner receiving a Court order or the person making the filing who fails to give proper notice to a person who has filed a demand for notice may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand ceases on the termination of the person’s interest in the estate. [A.R.S. § 14-3204](http://www.azleg.gov/ars/14/03204.htm). ## When is an Arizona Probate Necessary? Probate is not always required or necessary in Arizona after a person dies. When a resident of Arizona dies, there are two primary reasons to probate the decedent’s estate with an Arizona probate court: 1. the decedent has assets that cannot be transferred to the decedent’s heir(s) without a probate, and/or 2. the estate of the decedent desires to eliminate or reduce the claims that creditors may make against the estate. Under Arizona law the general rule is that creditors who do not file a formal claim with the estate within four months after the publication of a notice to creditors are barred forever of bringing their claims. [A.R.S. § 14-3803](http://www.azleg.gov/ars/14/03803.htm). ## What are Probate Assets? Probate proceedings involve only assets commonly referred to as **“probate assets.”** Arizona probate courts do not have jurisdiction over and cannot administer assets that are not probate assets. Probate assets include all real property and personal property, including intangible personal property: 1. in which the decedent had an interest at the time of death, and 2. that are not transferred by operation of law or by contract to a person or entity. The decedent must have had an interest in the property at the time of death or the property is not a probate asset. #### Example 1 — Transfer of Title Before Death If the decedent gives his 2003 Hummer SUV to his mother the day before his death, the Hummer belongs to his mother on the date of death and is not a probate asset that passes through probate. However, if the decedent failed to sign the title to the Hummer to his mother and did not properly complete the legal formalities of transferring title to the Hummer, the decedent would have retained legal title to the Hummer at the time of death. The Hummer would then be a probate asset and a probate may be needed to transfer the title. #### Example 2 — Incomplete Transfer of Title The day before he dies, the decedent signs a contract with a buyer to sell the Hummer, but dies before the sale is completed and before transferring the title to the vehicle to the buyer. The buyer has a claim against the estate for the purchase of the Hummer. An Arizona probate court proceeding may be needed to transfer the title and complete the sale. If a probate is opened with an Arizona probate court and the creditor notice procedures are followed, the buyer’s right to purchase the Hummer will be extinguished unless the buyer files a claim against the estate within the period allowed for filing claims. ## How Does Property Transfer After Death? When an Arizona resident dies, all property in which the decedent had an interest on the date of death is disposed of by one of the following three methods: 1. By operation of law; 2. By the terms and conditions of a legally binding contract; or 3. By Arizona probate law. If title to a decedent’s property did not transfer after death automatically by operation of law or by a contract, the property is a probate asset. Property that passes by operation of law or by contract is a **“nonprobate asset”** and achieves the frequently desired status of “avoiding probate.” Nonprobate assets are usually not affected by a Will or an Arizona probate. ## What Types of Property Transfers by Operation of Law? Arizona law provides that certain interests in property transfer automatically by law. The most common types of property that pass from a decedent to other people or entities by operation of Arizona law are: 1. Property held by the owners as joint tenancy property; 2. Property held by the owners as community property with right of survivorship; and 3. Arizona real property subject to a valid beneficiary deed. When a decedent owns an interest in property as a joint tenant or as community property with right of survivorship, the decedent’s interest in the property passes automatically on the instant of death to the other joint tenant(s) or spouse, respectively, without the need for a probate. See [A.R.S. § 33-431(B) and (C)](http://www.azleg.gov/ars/33/00431.htm). #### Example 3 — Joint Tenancy & Community Property with Right of Survivorship Dick and Jane are married and hold title to their home as joint tenants with right of survivorship. When Dick dies, his entire interest in the home will pass automatically by operation of law to Jane, regardless of what his Will may say about the home. Dick’s interest in the home is not a probate asset and not administered by his personal representative. If Dick and Jane hold title to their home as community property with right of survivorship, the result is the same. #### Example 4 — Community Property WITHOUT Right of Survivorship Dick and Jane are married and hold title to their home as community property, but not as community property with right of survivorship. Arizona recognizes two types of community property interests: (i) with right of survivorship, and (ii) without right of survivorship. When Dick dies, his interest in the home does not pass automatically by operation of law to Jane, regardless of what his Will may say about the home. When a married person dies holding title to real estate with a spouse as community property (without right of survivorship), the deceased’s interest in the property becomes a probate asset that may have to go through probate. TipTo determine if property is owned as community property (with or without right of survivorship), examine the deed that transferred title to the married couple — if the deed does not expressly state that title is transferred to the couple as community property with right of survivorship, title was not transferred to the couple as community property with right of survivorship. Title will be held as mere community property unless the couple changed the form of ownership to community property with right of survivorship or some other type of ownership after acquiring title. **Note:** To change title to real estate, the owner(s) must sign and record another deed. #### Example 5 — Tenancy in Common Dick and Jane are brother and sister and hold title to a rental home as tenants in common. When Dick dies, his interest in the home does not pass automatically by operation of law to Jane. When a person dies holding title to real estate as a tenant in common, the deceased’s interest in the property becomes a probate asset that may have to go through probate. #### Example 6 — Property Subject to an Arizona Beneficiary Deed Jane is the sole owner of her home. She signs and records an Arizona Beneficiary Deed that provides that on her death, her home goes to her brother if he is alive or to his brother’s children equally if her brother is not then living. On the date of Jane’s death, her brother is alive. Jane’s brother inherits the home without the need for a probate because Jane’s interest in the home passed automatically by operation of law to her brother on her death. The Arizona Beneficiary Deed is an excellent and inexpensive device to transfer Arizona real estate without a probate. For more information, see my article [“Arizona Beneficiary Deeds.”](http://www.keytlaw.com/arizonawills/arizona-beneficiary-deeds/) ## What Types of Property Transfers by Contract? The most common types of property that pass from a decedent to other people or entities by contract are: 1. **Life insurance proceeds, annuities, and retirement plan benefits**, which pass according to the beneficiary designation given to the insurance company or retirement plan administrator. If no beneficiary is designated or if a designated beneficiary dies before the insured and a contingent beneficiary was not designated with the life insurance company, the life insurance becomes a probate asset. 2. **Trust assets**, which are titled in the name of the trustee and that pass according to the instructions to the trustee stated in the trust agreement. Creating a trust to hold assets is one of the most common ways to avoid probate. Assets owned by a trustee for the benefit of named beneficiaries are not probate assets and avoid probate. #### Example 7 — The Living Trust: Valid Transfer Jane is unmarried with no children. She creates a trust during her life (a “living trust” or an “inter vivos trust”) to hold title to her home in Phoenix, Arizona. The trust agreement (the contract) provides that the home is to be given to her fiancée on her death. The decedent signed and recorded a deed conveying the Phoenix property to the trustee of her trust. Because the Phoenix property was owned by the trust on the date of the decedent’s death, the trustee is obligated under the trust agreement to convey title to the Phoenix property to the fiancée and the Phoenix home avoids Arizona probate. #### Example 8 — The Living Trust: No Transfer or Defective Transfer The facts are the same as in Example 7, but the decedent never signed and recorded a deed conveying the Phoenix property to the trustee of her trust. Because the Phoenix property was owned by the decedent on the date of the decedent’s death and not by the trustee, the home is not in the trust and does not pass according to the trust agreement. The home becomes a probate asset because the decedent owned it on the date of her death. The home will go as provided in the decedent’s Will. If the decedent died without a Will, the home will go by the Arizona law of intestate succession and the fiancée will not get any interest in the home. CautionIt is very common for people to create trusts for the purpose of avoiding probate, but fail to transfer title to property to the trustee of the trust. A trust may dispose of a decedent’s assets only if the trust owns the assets. If you create a trust, make sure that you actually transfer title to property intended to be held in trust to the trustee of the trust. Some types of Arizona property such as real estate and vehicles must be transferred according to the strict formalities of Arizona law. To avoid the disaster that may occur when property intended to pass by the terms of the trust instead becomes a probate asset and passes by Will (if there is one) or alternatively, by the Arizona law of intestate succession, you must take all steps necessary before you die to legally transfer title to property to the trustee. ## When Is Probate Required to Transfer Title to Real Estate? An Arizona probate may be required to legally transfer title to an asset from the decedent to the people or entities legally entitled to inherit the asset. One of the most common reasons a probate is necessary is to transfer the title of Arizona real estate. If a person dies owning real property that does not pass automatically by operation of law, a probate may be required to appoint a personal representative with the power to sign a deed that conveys the property from the estate to the decedent’s heir or heirs. Arizona real estate transfers automatically by law after the death of an owner if the title was held as joint tenancy or as community property with right of survivorship or if the owner recorded a valid beneficiary deed. See Example 6 above. Without a probate and a properly prepared and recorded deed signed by the personal representative, the title to the real estate is clouded and probably not marketable because no title insurance company would insure the title. ## Is there a Small Estate Exception to Avoid Arizona Probate? **Yes.** In certain circumstances, an Arizona probate may not be required to obtain property or change title to the decedent’s property. These circumstances are: 1. the decedent’s employer owes wages, salary or other compensation to the decedent of less than $5,000 and the decedent’s spouse seeks the money; 2. more than 30 days has passed since the death and the value of the personal property of the estate less liens and encumbrances is less than $200,000; or 3. more than six months has passed since the death and the value of all of the real property of the estate located in Arizona less liens and encumbrances thereon is less than $300,000. [A.R.S. § 14-3971](http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/14/03971.htm). In determining the value of real property for the small estate exemption, the value of the decedent’s interest in the real property shall be determined from the full cash value of the property as shown on the assessment rolls for the year in which the decedent died, except that in the case of a debt secured by a lien on real property the value shall be determined by the unpaid principal balance due on the debt as of the date of death. [A.R.S. § 14-3971(E)(1)](http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/14/03971.htm). ## Can a Spouse Obtain Money Owed by the Decedent’s Employer without an Arizona Probate? At any time after the death of a decedent, any employer owing wages, salary or other compensation for personal services of the decedent shall pay to the surviving spouse of the decedent the amount owing not to exceed $5,000, on being presented an affidavit made by or on behalf of the spouse stating that the affiant is the surviving spouse of the decedent, or is authorized to act on behalf of the spouse, and that no application or petition for the appointment of a personal representative is pending or has been granted in this state or, if granted, the personal representative has been discharged or more than one year has elapsed since a closing statement has been filed. [A.R.S. § 14-3971(A)](http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/14/03971.htm). ## What is the Maximum Amount of Personal Property that Can be Administered without an Arizona Probate? Section [14-3971(B)](http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/14/03971.htm) of the Arizona Revised Statutes provides that in certain situations, an Arizona probate can be avoided if the value of **ALL PERSONAL PROPERTY** in the decedent’s estate, wherever located, less liens and encumbrances, does not exceed $200,000 as of the date of death. This procedure involves preparing an Affidavit more than thirty days after the decedent’s death that contains certain language and delivering the Affidavit to a person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent. All of the following conditions must be true to use this Affidavit procedure: 1. Thirty days have elapsed since the death of the decedent. 2. Either: (i) an application or petition for the appointment of a personal representative is not pending and a personal representative has not been appointed in any jurisdiction and the value of all personal property in the decedent’s estate, wherever located, less liens and encumbrances, does not exceed $200,000 as of the date of death, or (ii) the personal representative has been discharged or more than one year has elapsed since a closing statement has been filed and the value of all personal property in the decedent’s estate, wherever located, less liens and encumbrances, does not exceed $200,000 as of the date of the Affidavit. 3. The claiming successor is entitled to payment or delivery of the property. A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors on presentation of an Affidavit pursuant to this less than $200,000 of personal property exemption. The motor vehicle division shall transfer title of a motor vehicle from the decedent to the successor or successors on presentation of an Affidavit pursuant to this less than $200,000 of personal property exemption and on payment of the necessary fees. We can helpWe will prepare an Affidavit for Collection of Personal Property. Contact Arizona probate attorney Richard C. Keyt at [480-664-7472](tel:+14806647472) or at today to get started. ## What is the Maximum Amount of Arizona Real Property that Can be Administered without an Arizona Probate? Arizona Revised Statutes [Section 14-3971(C)](http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/14/03971.htm) provides that in certain situations, an Arizona probate can be avoided if the value of **REAL PROPERTY** in the decedent’s estate, less liens and encumbrances, does not exceed $300,000 as of the date of death. This procedure involves preparing an Affidavit more than six months after the decedent’s death that contains certain language and filing it in the Court in the county in which the decedent was domiciled at the time of death, or if the decedent was not domiciled in Arizona then in any county in which real property of the decedent is located. The Affidavit must describe the real property and the interest of the decedent in that property and state that all of the following are true and material and acknowledge that any false statement in the Affidavit may subject the person or persons to penalties relating to perjury and subornation of perjury: 1. Six months have elapsed since the death of the decedent as shown in a certified copy of the decedent’s death certificate attached to the Affidavit. 2. Either: (i) an application or petition for the appointment of a personal representative is not pending and a personal representative has not been appointed in any jurisdiction and the value of all real property in the decedent’s estate located in Arizona, less liens and encumbrances against the real property, does not exceed $300,000 at the date of death. The value of the decedent’s interest in that real property shall be determined from the full cash value of the property as shown on the assessment rolls for the year in which the decedent died, except that in the case of a debt secured by a lien on real property the value shall be determined by the unpaid principal balance due on the debt as of the date of death; or (ii) the personal representative has been discharged or more than one year has elapsed since a closing statement has been filed and the value of all real property in the decedent’s estate, wherever located, less liens and encumbrances, does not exceed $200,000 as of the date of the affidavit. The value of the decedent’s interest in that real property is determined from the full cash value of the property as shown on the assessment rolls for the year in which the affidavit is given, except that if a debt is secured by a lien on real property, the value is determined by the unpaid principal balance due on the debt as of the date of the Affidavit. 3. Funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid. 4. The person or persons signing the Affidavit are entitled to the real property by reason of the allowance in lieu of homestead, exempt property or family allowance, by intestate succession as the sole heir or heirs, or by devise under a valid last Will of the decedent, the original of which is attached to the Affidavit or has been probated. 5. No other person has a right to the interest of the decedent in the described property. 6. No federal or Arizona estate tax is due on the decedent’s estate. On receipt of the Affidavit and after determining that the Affidavit is complete, the Superior Court registrar shall cause to be issued a certified copy of the Affidavit without attachments, and the copy shall be recorded in the office of the recorder in the county where the real property is located. The legal significance of a valid recorded certified copy of the Affidavit is that it changes the title to the real property as provided therein on the official records of the county recorder of the county where it is recorded. ### How to Hire Arizona Probate Attorney Richard C. Keyt to Prepare an Affidavit Richard C. Keyt will prepare an Affidavit for Succession to Real Property, file it with the appropriate Superior Court and record the certified copy of the Affidavit. Contact Arizona probate attorney Richard C. Keyt at [480-664-7472](tel:+14806647472) or at and get started. ## What is the Cost of an Arizona Probate? The cost of an Arizona probate is the sum of: (i) legal fees (if you use a lawyer), (ii) costs such as the $206 Maricopa County Superior Court filing fee and the cost to publish the Notice to Creditors in a newspaper ($30 – $60), (iii) the cost to obtain a bond if a bond is required, and (iv) the compensation payable to the personal representative unless it is waived by the personal representative. If a bond is not required and the personal representative acts without compensation without hiring a lawyer, the total cost could be as low as $250 – $500. If a lawyer is involved, legal fees can vary greatly depending on the lawyer. Some lawyers may do probates for a fixed fee, but most charge on an hourly basis because it is not possible to predict how much time will be required to complete the probate. Because Arizona is not a state like California that authorizes lawyers to charge legal fees as a percentage of the value of the estate, a simple uncontested informal Arizona probate can cost $3,500 or more regardless of the value of the estate. ### Our Flat Fee for a Simple Uncontested Informal Arizona Probate $5,000We do uncontested, simple Arizona informal probates for a flat $5,000. We require the person who will be the personal representative to pay the $5,000 when we are hired. The estate can reimburse the personal representative after opening the probate, so the $5,000 legal fee does not come from the personal representative’s pocket. ## Our Arizona Probate Service — Why Hire Arizona Probate Lawyer Richard C. Keyt? An Arizona probate is a court proceeding involving complex legal issues and accountability to the Court and the devisees, heirs, creditors and other interested parties. A personal representative owes fiduciary duties to devisees, heirs, creditors and the court. A personal representative who makes a mistake can be personally liable to the devisees, heirs, creditors, interested parties and the Court. It is a high risk job that should not be undertaken lightly and without assuming the risk that the personal representative could be answering to the Court for a mistake that causes harm. For example, if the estate has assets to pay taxes and does not, the personal representative is personally liable to pay the taxes. You should hire Arizona probate attorney Richard C. Keyt to represent you as the personal representative of an Arizona decedent or for an ancillary probate for a person who died owning Arizona real property. We prepare all necessary probate documents, answer questions asked by the personal representative and advise the personal representative with respect to issues that arise during the probate. Our services include preparing a Release and Waiver document for the signature of devisees and heirs by which they release the personal representative from liability as a condition to receiving their property. The best way for a personal representative to reduce the risk of being sued is to hire an experienced probate attorney. Our experience has been that probates all too frequently cause hard feelings and problems among family members. Probates are all about distributing money and property. The “do-it-yourself” personal representative risks substantial personal liability and a lot of stress. ## How to Hire Arizona Probate Attorney Richard C. Keyt to Do an Arizona Probate It is simple to hire us. Just do the following: - Complete our online [probate legal service agreement](https://www.keytlaw.com/az-probate/). - Send a check for $5,000 payable to KEYTLaw, LLC, to Richard C. Keyt, 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258. - You may also pay us $5,000 by Visa, Mastercard, American Express or Discover credit or debit card by going to our secure [online order form](https://keytlaw.infusionsoft.com/app/orderForms/Probate) or call our legal assistant Michelle at [480-664-7413](tel:+14806647413) and give her your card information. NoteThe personal representative who pays our fee is entitled to be reimbursed by the estate. ### Get Your Probate Questions Answered — Free Book a free office, phone or Zoom video meeting with Richard using his online calendar, or call to talk today. [Book a Free Consultation](https://www.keytlaw.com/calendar) [Email rck@keytlaw.com](mailto:rck@keytlaw.com) ## Exempt Estate Form Preparation Service For personal property estates under $200,000, we will prepare an Affidavit for Collection of Personal Property. For real property with equity under $300,000, we will prepare an Affidavit for Succession to Real Property, file it with the appropriate Superior Court and record the certified copy of the Affidavit. Contact Richard C. Keyt today at [480-664-7472](tel:+14806647472) if you have any questions. To get started: - **Personal property under $200,000:** Go to our Affidavit for Collection of Personal Property [order form](https://keytlaw.infusionsoft.com/app/orderForms/affidavit-pp) and pay, then complete and submit our [Questionnaire for Small Estate Affidavit for Personal Property](https://www.az-probate.com/affidavit-pp/). - **Real property under $300,000:** Go to our Affidavit for Collection of Real Property [order form](https://keytlaw.infusionsoft.com/app/orderForms/aff-rp) and pay, then complete and submit our [Questionnaire for Small Estate Affidavit for Real Property](https://www.az-probate.com/affidavit-rp/). ### Arizona Probate Attorney Richard C. Keyt KEYTLaw, LLC · Serving Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Chandler and Queen Creek, Arizona - Phone[480-664-7472](tel:+14806647472) - Email - Calendar[keytlaw.com/calendar](https://www.keytlaw.com/calendar) — free office, phone or Zoom meeting - Office7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258 - Website[www.keytlaw.com](https://www.keytlaw.com) This article discusses Arizona probate law only. Probate law in other states may differ from Arizona probate law. The information on this page is general legal information and is not legal advice for your particular situation, nor does reading it create an attorney-client relationship. Statutes and dollar thresholds change — confirm current law before acting. To get advice about your specific circumstances, contact Arizona probate attorney Richard C. Keyt at 480-664-7472. [↑ Back to top](#az-top) ### Call or email Richard C. Keyt Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Do You Need an Arizona Probate? Guide by AZ Probate Attorney](https://www.keytlaw.com/arizona-probate/) **Published:** February 22, 2025 **Author:** Richard Keyt **Content:** ## Do You Need an Arizona Probate? Guide by AZ Probate Attorney **Arizona probate attorney** and former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) provides the dedicated legal counsel necessary to streamline the probate process, resolve disputes, and ensure the final wishes of your loved one are honored. Ricky and his father have 309 five-star Google reviews and 424 five-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). Call (480-664-7472), email (rck@keytlaw.com), or [book a free office, phone or Zoom video ](https://www.keytlaw.com/calendar)consultation with Ricky. For more about Arizona probates see our [13 probate articles](https://www.keytlaw.com/arizona-probate-attorney/). Must Read: [What is Arizona Probate, When Is It Required & How to Avoid It](https://www.keytlaw.com/arizona-probate-law-faq/) Updated July 25, 2026 This article is about Arizona probate law only. Its purpose is to help people understand when somebody must open an Arizona probate for the estate of a deceased person who lived in Arizona at the time of his or her death. Probate is the term that describes a superior court proceeding in which the court appoints a personal representative of the estate of a deceased person who is responsible for the following tasks: - Finding, collecting and making an inventory all of the assets of the deceased that did not transfer automatically on death and that remain titled in the name of the deceased. - Paying the last expenses of the deceased, if any, - Filing the last tax returns of the deceased and paying any taxes (if necessary). - Distributing the remaining assets to the heirs of the deceased: a. As provided in the deceased’s Will, or b. If the deceased does not have a valid Will, then as provided in the law of intestate succession of the state in which the probate occurs. That is Arizona probate in a nutshell. When I represent personal representatives in a simple-uncontested Arizona probate, the entire process takes about five months, and my fee is $5,000. More complicated or contested estates can take longer than a year and be more expensive. ## **How to Determine if a Probate is Required** Before determining if a probate for a deceased person is required, somebody in the family must prepare an inventory of the assets owned by the deceased before and after death. The purpose of the inventory is to determine if any assets of the deceased remain titled in the name of the deceased after death. **If the deceased did not have any assets or if no assets remain titled in the name of the deceased, then a probate is not necessary** unless the purpose of the probate is to give notice to the deceased’s creditors and require them to file a claim with the personal representative or have their claim barred forever. **Make an Inventory of all Assets** Make a list of every asset with a title the deceased owned before death. Examples of assets commonly owned by people that may not transfer automatically at death are: - Real estate - Bank accounts – checking and savings - Certificates of Deposit - Stock of corporations - Membership interests in limited liability companies – To learn how to cause LLCs to transfer automatically on death and avoid probate, see my article called “[Who Will Inherit Your Membership Interest in Your Arizona LLC When You Die?](http://www.keytlaw.com/azllclaw/operating-llcs/inherit-your-llc/)“ - General or limited partnership interests in partnerships - Investment accounts such as Merrill Lynch, Schwab, Etrade etc. - Retirement accounts – IRAs, 401(k)s, retirement plans, pension plans, profit sharing plans, etc. - Vehicles and boats – To learn how to cause Arizona vehicles to transfer automatically on death and avoid probate, see our article called “[Transfer Your Vehicles Probate-Free](http://www.keytlaw.com/arizonawills/transfer-vehicles/).” ## **Determine How Assets Were Titled/Held by the Deceased** After you identify all of the assets owned by the deceased at the time of death, you must now determine if the ownership of the account transferred automatically on death or if the account remains in the name of the deceased. Assets that transfer automatically at death to another person, people or entities are not part of the probate estate. The term “probate estate” means assets of a deceased person that remain titled in the name of the deceased after death, including assets that are payable to the estate of the deceased. ## **Title to Real Estate** To determine how real estate is titled, you must get a copy of every deed to real estate that shows how the deceased held title to the land. If you cannot find a copy or original of a deed in the deceased’s records, contact the county recorder of the county in which the real estate is located to obtain a copy of the deed. The title to real estate remains in the name of the deceased if: - **Sole Ownership**: The only person named as an owner in the deed is the deceased. - **Joint Ownership**: The deceased is the last to die of all the other people who owned the property jointly with the deceased. Property is owned jointly if there are multiple owners named in the deed and the deed states that they own the property as joint tenants with the right of survivorship. **Example 1**: Homer Simpson and Bart Simpson are named on the deed as owning the property as “joint tenants with right of survivorship.” When the first owner dies, the survivor will automatically become the sole owner of the real estate by operation of law. A probate is not needed to transfer the title. In Arizona, the survivor should record a death certificate of the first person to die with the county recorder of the county in which the real estate is located. If the deed names more than two joint owners, the interest of every deceased transfers automatically to all the survivors until only one owner remains. - **Tenants in Common Ownership**: The deceased owned a part interest in the real estate as tenants in common with one or more other owners. To own land as a tenant in common the deed must state that that ownership is as tenants in common. **Example 2**: Homer Simpson and Bart Simpson are named on the deed as owning the property as equal “tenants in common.” Whenever a person dies who owns real estate as a tenant in common with one or more other owners a probate is required to transfer the share of the land owned by the deceased to his or her heirs. **Community Property Note**: Arizona has two types of community property that apply only to married couples. Arizona has community property and community property with right of survivorship. The difference between these two forms of community property ownership is that community property requires a probate when each spouse dies and community property with right of survivorship avoids probate on the first death, but not the second . - **Community Property Ownership**: The deceased and the deceased spouse are the only owner’s named in the deed and the deed says they own the property as community property or the deed does not mention community property ownership, joint ownership or tenants in common ownership and the two people acquired title while they were married. **Example 3**: Homer and Marge Simpson are named in the deed to their home as owning the property as “community property and not as joint tenants with right of survivorship or as tenants in common.” Two probates will be required and the undivided fifty percent of the real estate owned by each spouse will be required to go through probate. - **Community Property with Right of Survivorship Ownership**: The deceased and the deceased spouse are the only owner’s named in the deed and the deed says they own the property as community property with right of survivorship. **Example 4**: Homer and Marge Simpson are named in the deed to their home as owning the property as “community property with right of survivorship not as joint tenants with right of survivorship or as tenants in common” and both of them signed the deed that contains language that they consent to owning the property as community property with right of survivorship. When the first spouse dies, the undivided fifty percent of the real estate owned by that spouse will transfer automatically by operation of law to the surviving spouse. However, when the surviving spouse dies, his or her ownership interest will be required to go through probate. ## **Title to Assets other than Real Estate** Assets other than real estate are also owned or titled the same way as real estate except title is not evidenced by a deed that is recorded with a county recorder. You must contact the bank or institution and ask how the account is designated with the institution and apply the same analysis listed above for real estate. ## **Transfer on Death or Pay on Death Accounts** Banks and financial institutions usually allow the owner of an account to sign and deliver to the institution a document called a “Transfer on Death” (TOD) or “Pay on Death” (POD) designation. The TOD and the POD are the equivalent of a life insurance or IRA or retirement plan beneficiary designation. Ask the institution if the deceased signed a TOD or POD and if so, obtain a copy of the document. When a TOD or POD exists, the account of the deceased will be transferred automatically to the person, people, or entity named in the document without the need for a probate provided. However, the beneficiary must be alive at the time of death of the deceased. ## **Is any Life Insurance Payable to the Estate of the Deceased?** Don’t forget to investigate if the deceased had life insurance. If the deceased was employed at the time of death, contact the employer to determine if the deceased was covered under a life insurance policy provided by the employer. Life insurance is often payable to the estate of a deceased person so it is important to determine if the deceased was the insured under any life insurance policy. Contact every insurance company that insured the life of the deceased to: 1. Notify the insurance company of the death. 2. Obtain a copy of the beneficiary designation. Life insurance is payable to the primary beneficiary or beneficiaries named in a valid beneficiary designation signed by the deceased and filed with the insurance company. Life insurance proceeds are payable to the primary beneficiary or beneficiaries named in the beneficiary designation who were alive at the time the deceased died and do not go through probate. If no primary beneficiary survived the insured, the proceeds are payable to the contingent beneficiary or beneficiaries who survived the deceased. If the deceased did not have a beneficiary designation or if the deceased outlived all primary and contingent beneficiaries, the life insurance proceeds are payable to the estate of the deceased. The effect of having life insurance payable to the estate of the deceased means that a probate will be required to collect the proceeds from the insurance company and distribute the life insurance proceeds to the deceased’s heirs. ## **How to Do an Arizona Probate** To learn what is required to conduct and Arizona probate, read my article called “[The Arizona Probate Process](https://www.az-probate.com/do-arizona-probate/).” ## **How to Hire Arizona Probate Lawyer Richard C. Keyt to Do an Arizona Probate** To hire Richard to do an Arizona probateollow these simple steps: 1\. Get answers to your probate questions. Call Arizona probate attorney Richard C. Keyt (480-664-7472) if you have any questions about an Arizona probate. You can also book a free office, phone or Zoom video meeting with Richard on his online calendar at . 2\. Complete our online [Probate Legal Service Agreement](https://www.keytlaw.com/az-probate/). [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard C. Keyt Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his resume ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Probate Law – Frequently Asked Questions](https://www.keytlaw.com/arizona-probate-law-faqs/) **Published:** February 22, 2025 **Author:** Richard Keyt **Content:** by [Richard C. Keyt](http://www.keytlaw.com/richard-c-keyt/), Arizona probate lawyer, 480-664-7472 **What is Probate?** My 1975 edition of Black’s Law Dictionary defines probate as: > “The act or process of proving a will. . . . The proof before a . . . duly authorized person that a document produced before him for official recognition and registration and alleged to be the last will and testament of a certain deceased person, is such in reality. A judicial act or determination of a court having competent jurisdiction establishing the validity of a will. . . . In American law, now a general name or term used to include all matters of which probate courts have jurisdiction.” The term “Arizona probate” means an Arizona Superior Court monitored legal proceeding by which the liabilities and probate assets of a deceased person (“decedent”) are paid and administered and the probate assets of the estate are transferred by a personal representative (called administrator, executor or executrix in other states) of the estate appointed by the Court. [A.R.S. § 14-3101](http://www.azleg.gov/ars/14/03101.htm). This article is a discussion of Arizona probate law only. Probate law in other states may differ from Arizona probate law. **What Does “Testate” & “Intestate” Mean?**“ If an Arizona resident dies with a Will that complies with the requirements of Arizona probate law, the person is said to have died “testate,” which means he or she has a valid Will and the decedent’s probate assets pass to the people or entities named in the Will. An Arizona resident who dies without a valid Will dies “intestate” and the decedent’s probate assets pass as provided in Arizona’s laws of intestate succession found at [A.R.S. § 14-2101](http://www.azleg.gov/ars/14/02101.htm) *et seq*. When an Arizona resident dies without a valid Will, Arizona law will determine who gets the decedent’s probate assets, which may result in people inheriting property contrary to the decedent’s wishes. **What is a Testator and a Testatrix?** A testator is a person who makes a Will. Under Arizona law, a testator can be male or female, but sometimes people use the word “testator” to mean a man who makes a Will and the word “testatrix” to mean a woman who makes a Will. [A.R.S. § 14-1201(55)](http://www.azleg.gov/ars/14/01201.htm). **What is the Difference between a Devisee and an Heir?** A “devisee” is a person designated in a Will to receive a devise, which is a disposition of real or personal property made under a Will. An “heir” is a person, including the surviving spouse, who is entitled to property of a decedent under Arizona’s law of intestate succession. [A.R.S. § 14-1201(13) and (23)](http://www.azleg.gov/ars/14/01201.htm). **What Is Required for a Valid Will Under Arizona Probate Law? For a Will to be valid in Arizona, the Will must be: 1\. in writing; 2\. signed by the decedent or in the decedent’s name by some other individual in the decedent’s conscious presence and by the decedent’s direction; and 3\. signed by at least two people, each of whom signed within a reasonable time after that person witnessed either the signing of the Will as described in paragraph 2 or the decedent’s acknowledgment of that signature or acknowledgment of the Will. [A.R.S. § 14-2502](http://www.azleg.gov/ars/14/02502.htm). **Is a Handwritten Will Valid in Arizona? A Will that does not satisfy the above requirements of [A.R.S. § 14-2502](http://www.azleg.gov/ars/14/02502.htm) can be a valid Arizona Will if the signature and the material provisions are in the handwriting of the testator (whether or not it is witnessed). This type of Will is known as a “holographic” Will. [A.R.S. § 14-2503](http://www.azleg.gov/ars/14/02503.htm). Anybody who prepares a holographic Will should write the entire Will in his or her handwriting to prevent any question as to whether the “material provisions” are in the testator’s handwriting. **Is a Will Signed Outside Arizona Valid Under Arizona Probate Law? A written Will is valid if its signing complies with the law at the time of signing of the place where the Will is signed, or of the law of the place where at the time of signing or at the time of death the decedent is domiciled, has a place of abode or is a national. [A.R.S. § 14-2506](http://www.azleg.gov/ars/14/02506.htm). **What are the Types of Arizona Probate Proceedings? There are three types of probates in Arizona, informal, formal and supervised. Most Arizona probates are informal because they are usually cheaper in terms of attorneys’ fees and quicker. Not all estates, however, are eligible for informal probate. Contested estates are usually resolved in a formal probate, which can include court hearings, depositions, motions, discovery and a trial just as any other Superior Court litigation. **What is an Informal Arizona Probate? An informal probate is an Arizona Superior Court proceeding overseen by a “registrar,” which means a judge, the clerk of the court or a court commissioner designated to oversee and administer informal probates. Because informal probates have the lowest level of court supervision, they generally can be completed for less legal fees and time than formal and supervised probates. An informal probate is conclusive as to all persons until superseded by an order in a formal testacy proceeding. [A.R.S. § 14-3302](http://www.azleg.gov/ars/14/03302.htm). **Who May Initiate an Arizona Informal Probate? Any of the following may initiate an informal probate: 1\. The surviving spouse of the decedent. 2\. An adult child, a parent, a brother or a sister of the decedent. 3\. A person who is an heir of the decedent. 4\. A person nominated as a personal representative by a probated Will or the Will for which probate is asked or pursuant to a power conferred by the Will. 5\. If the decedent was a nonresident of Arizona, any person who is qualified under paragraphs 1 – 4 above or a personal representative appointed in the decedent’s state of domicile or the nominee of the personal representative. 6\. If the decedent was a veteran, the Department of Veterans’ Services. 7\. Any creditor of the decedent after 45 days after the death. 8\. The public fiduciary if no person is qualified and willing to serve as personal representative under 1 – 7 above. **What is a Formal Arizona Probate? A formal probate is litigation in Arizona Superior Court to determine whether a decedent left a valid Will. A formal probate may be commenced by an interested person filing a petition that requests that the court, after notice and hearing, enter an order probating a Will, or a petition to set aside an informal probate of a Will or to prevent informal probate of a Will that is the subject of a pending informal probate. A formal probate may also be filed to obtain a Court order that the decedent died intestate. A petition may seek formal probate of a Will even if the same or a conflicting Will has been informally probated. During the pendency of a formal testacy proceeding, the registrar shall not act upon any application for informal probate of any Will of the decedent or any application for informal appointment of a personal representative of the decedent. Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must not make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of his office and requesting the appointment of a special administrator. In the absence of a request or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution. See [A.R.S. § 14-3401](http://www.azleg.gov/ars/14/03401.htm). **Who May Initiate a Formal Arizona Probate? Any interested person may file a petition with the Superior Court to initiate an Arizona formal probate. A petition for a formal probate may be filed even if an informal probate was previously opened. See [A.R.S. § 14-3401](http://www.azleg.gov/ars/14/03401.htm). **What is a Supervised Arizona Probate? A supervised probate is a cross between an informal and a formal probate. In general, a supervised probate is similar to an informal probate, except the personal representative cannot enter into an agreement to sell real property or make any distributions without the prior approval of the Court. [A.R.S. § 14-3504](http://www.azleg.gov/ars/14/03504.htm). In a supervised probate, the personal representative administers and settles the decedent’s estate under the continuing authority of the Court that must approve all distributions and the discharge of the personal representative from duties or other order terminating the probate. A supervised personal representative is responsible to the Court, as well as to the interested parties, and is subject to directions concerning the estate made by the Court or on the motion of an interested party. During a supervised probate, the personal representative must file an annual accounting and an final accounting concerning the estate. [A.R.S. § 14-3505](http://www.azleg.gov/ars/14/03505.htm). **Who May Initiate a Supervised Arizona Probate? Any interested person or a personal representative in an informal probate may file a petition for a supervised probate at any time, even if an informal probate in pending. [A.R.S. § 14-3502](http://www.azleg.gov/ars/14/03502.htm) **How Long Does it Take to Complete an Arizona Probate? In the best of circumstances, an Arizona probate will take five or six months after the opening of the probate. Most informal probates last six to eight months depending on how quickly the personal administrator completes all required duties. The primary reason a probate cannot be completed in less than five months is because the personal representative must give a notice to creditors and then wait four months before the probate can be closed. All Arizona probates have the four month creditors claim period. Complex probates and formal probates can take much longer. If a trial is necessary, a formal probate could last one to two years or longer. **Who Can be Appointed Personal Representative of an Arizona Probate? Arizona probate law provides that the following persons who are not disqualified may be appointed as personal representative of a testate or an intestate estate (regardless of whether the probate is formal or informal) in the following order of priority: 1\. The person with priority as determined by a probated Will, including a person nominated by a power conferred in a Will. 2\. The surviving spouse of the decedent who is a devisee of the decedent. 3\. Other devisees of the decedent. 4\. The surviving spouse of the decedent. 5\. Other heirs of the decedent. 6\. If the decedent was a veteran, the Department of Veterans’ Services. 7\. Any creditor of the decedent after 45 days after the death of the decedent. 8\. The public fiduciary. [A.R.S. § 14-3203(A)](http://www.azleg.gov/ars/14/03203.htm). A person is not qualified to serve as a personal representative if the person is: 1\. Under the age of eighteen. 2\. A person whom the court finds unsuitable in formal proceedings. 3\. A foreign corporation. A formal probate is required to appoint a personal representative in any of the following situations: 1\. If there is a person with a higher order of priority who has not renounced or waived the person’s right by appropriate writing filed with the court. 2\. If a priority is shared by two or more persons, as devisees or as heirs and one or more of them has not renounced or concurred in nominating the person whose appointment is applied for. 3\. If appointment is sought for a person who does not have any priority the court shall determine that those having priority do not object to the appointment, and that administration is necessary. **Must the Personal Representative Post a Bond? A bond is required of a personal representative unless either: 1\. The Will expressly waives the bond. 2\. All of the heirs if no Will has been probated, or all of the devisees under a Will which does not provide for waiver of the bond, file with the Court a written waiver of the bond requirement. 3\. The personal representative is a national banking association, a holder of a banking permit under Arizona law, a savings and loan association authorized to conduct trust business in Arizona, a title insurance company qualified to do business in Arizona, a trust company holding a certificate to engage in trust business from the Arizona superintendent of banks or the public fiduciary. 4\. The petition for formal or informal appointment alleges that the probable value of the entire estate will permit summary procedures under [A.R.S. § 14-3973](http://www.azleg.gov/ars/14/03973.htm) and the surviving spouse, or the nominee of the surviving spouse, is applying for appointment as personal representative. In any case where a bond is not required, the Court may, upon petition of any interested person and upon reasonable proof that the interest of the petitioning person is in danger of being lost because of the administration of the estate, require a bond in such amount as the Court directs to protect the interest of the petitioner or of the petitioner and others. An heir or devisee who initially waived bond may later file a petition asking the Court to require a bond. If a bond is not initially required because the petition for appointment alleges that the probable value of the entire estate will permit summary procedures under [A.R.S. § 14-3973](http://www.azleg.gov/ars/14/03973.htm), and it later appears from the inventory and appraisal that the value of the estate will not permit use of such procedures, then the personal representative must promptly file a bond unless one is not required for some other reason set forth in [A.R.S. § 14-3603(A)](http://www.azleg.gov/ars/14/03603.htm). **If a Bond is Required, How Much is the Bond? If a bond is required and the Will does not specify the amount, the general rule is that the bond must be for an amount equal to the sum of: (i) the value of the decedent’s personal estate plus (ii) the value of the decedent’s real estate less encumbrances thereon, plus (iii) all income expected from the personal and real estate during the next year. The amount of the bond may be reduced by the amount of any real estate, less encumbrances thereon, if the letters issued to the personal representative contain the restriction that sales of real property by the personal representative are subject to court approval. On petition of the personal representative or another interested person, the Court may waive the bond requirement, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties. [A.R.S. § 14-3604](http://www.azleg.gov/ars/14/03604.htm). **What are the Duties of the Personal Representative?** A personal representative is a fiduciary who shall observe the standards of care applicable to trustees under [A.R.S. § 14-7402](http://www.azleg.gov/ars/14/07402.htm) and the duties of accounting applicable to trustees as provided in [A.R.S. § 14-7403](http://www.azleg.gov/ars/14/07403.htm). A personal representative has the duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective Will and Arizona law as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred by Arizona law, the terms of the Will, if any, and any order in proceedings to which the personal representative is a party for the best interests of successors to the decedent’s estate. [A.R.S. § 14-3703](http://www.azleg.gov/ars/14/03703.htm). The personal representative shall proceed expeditiously with the settlement and distribution of a decedent’s estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order or direction of the Court, but he may invoke the jurisdiction of the Court to resolve questions concerning the estate or its administration. [A.R.S. § 14-3704](http://www.azleg.gov/ars/14/03704.htm). The personal representative’s duties include, but are not limited to the following: 1\. At the time of appointment as personal representative, preparing a Notice to Creditors, publishing it in a newspaper and delivering or mailing the Notice to known creditors of the decedent and other persons entitled to notice. [A.R.S. § 14-3801](http://www.azleg.gov/ars/14/03801.htm). 2\. Not later than 30 days after being appointed, a personal representative must notify the heirs and devisees about the appointment of the personal representative as the personal representative of the estate of the decedent. [A.R.S. § 14-3705](http://www.azleg.gov/ars/14/03705.htm). 3\. Within 90 days after appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare an inventory of property owned by the decedent at the time of death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent’s death, its nature as community or separate property and the type and amount of any encumbrance that may exist with reference to any item. The personal representative may file the original of the inventory with the court and send a copy of the inventory only to interested persons who request it; or, if he elects not to file the inventory with the court, he must deliver or mail a copy of the inventory to each of the heirs in an intestate estate, or to each of the devisees if a Will has been probated, and to any other interested persons who request it. [A.R.S. § 14-3706](http://www.azleg.gov/ars/14/03706.htm). 4\. If the personal representative becomes aware of any property not included in the original inventory or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, the personal representative must make a supplementary inventory or appraisement showing the market value as of the date of the decedent’s death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the Court if the original inventory was filed, or furnish copies thereof or information thereof to persons interested in the new information. [A.R.S. § 14-3708](http://www.azleg.gov/ars/14/03708.htm). 5\. Except as otherwise provided by a decedent’s Will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled to it unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. [A.R.S. § 14-3709(A)](http://www.azleg.gov/ars/14/03709.htm). 6\. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection and preservation of the estate in the personal representative’s possession. [A.R.S. § 14-3709(A)](http://www.azleg.gov/ars/14/03709.htm). If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trustee of an express trust. **What if the Personal Representative has a Conflict of Interest?** Any sale or encumbrance to the personal representative, the personal representative’s spouse, agent or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction that is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless either: 1\. The Will or a contract entered into by the decedent expressly authorized the transaction. 2\. The transaction is approved by the Court after notice to interested persons. [A.R.S. § 14-3713](http://www.azleg.gov/ars/14/03713.htm). **Is the Personal Representative Entitled to Be Paid?** A personal representative is entitled to reasonable compensation for his services. If a Will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before qualifying and be entitled to reasonable compensation. [A.R.S. § 14-3719](http://www.azleg.gov/ars/14/03719.htm). **What Occurs During an Arizona Probate?** To open an Arizona probate, a person or entity must file an Application for Appointment as personal representative with the Arizona Superior Court requesting that the Court: (i) accept the decedent’s original Will for probate (if there is a Will), and (ii) appoint a personal representative to administer the decedent’s estate. To open a probate, the prospective personal representative must also: (i) file with the Arizona Probate Court a written Acceptance of Personal Representative, an approved Order to Personal Representative and a Statement of Informal Probate, and (ii) post a bond if necessary. The Court will generally appoint the person or entity named as personal representative in the Will as the decedent’s personal representative unless the person is not qualified, declines, is unable or is challenged by an interested party. The Court will usually appoint a personal representative without a formal hearing. If the decedent died intestate, i.e., without a Will, a person or entity files a petition with the Arizona Superior Court alleging that the decedent is intestate and asking that the Court appoint a personal representative to administer the estate. If the Arizona Probate Court is satisfied that all requirements have been met and all information has been supplied, it will open the probate and issue a document known as “Letters Testamentary” by which the Court appoints the personal representative of the estate. The personal representative may give copies of the Letters Testamentary to people and entities to show that a probate was opened and that the personal representative has the authority to act on behalf of the estate. The Probate Code provides a list of persons who have priority to petition to become executor. In a formal probate, notices of any hearing date must be sent to the heirs and/or relatives to let them know when the hearing will be held. If there are objections to the petition, or if the validity of the Will is contested, a hearing will be used to resolve any problems that have arisen. In some cases this may mean that the validity of the Will is not upheld, or that some other person than the original petitioner is chosen to administer the estate. In most cases, however, there is no objection and the petition is granted. The executor then makes an inventory of the estate’s assets, locates creditors, pays bills, files tax returns, and manages the estate assets. When all of the duties of the executor are completed, but not earlier than four months after the probate is opened, another petition is filed with the Court asking that the estate be distributed to the devisees or heirs. If this petition is granted, the probate is completed by distributing the assets to the devisees or heirs and filing final tax returns. **Can You Explain the Informal Probate Process in English?** 1\. Petition the Court for Appointment of Personal Representative and probate the Will, if there is a Will. 2\. Send notice of appointment of personal representatives to devisees or heirs and other interested persons. 3\. Send Notice to Creditors and publish it in a newspaper 4\. Collect probate assets and pay debts owed by the estate. 5\. Prepare an inventory of probate assets including the value of the assets and file it with the court and send copies to interested parties or in lieu of filing it with the court, send it to all devisees or heirs and interested parties. 6\. Prepare and file any necessary federal, state and local tax returns and pay any taxes owed by the decedent and the estate. 7\. Distribute probate assets as provided in the Will (for testate estates) or as provided in the Arizona laws of intestate succession (for decedent’s who do not have a valid Will). 8\. Close the probate. **What is the Notice to Creditors?** After of appointment, the personal representative must prepare a Notice to Creditors and cause it to be published once a week for three successive weeks in a newspaper of general circulation in the county in which the probate Court is located. The Notice to Creditors announces the appointment and address of the personal representative and notifies creditors of the estate to present their claims against the estate within four months after the date of the first publication of the notice or be forever barred. [A.R.S. § 14-3801](http://www.azleg.gov/ars/14/03801.htm). A personal representative must give written notice by mail or other delivery to all known creditors, notifying the creditors of the personal representative’s appointment. The notice must also notify all known creditors of the decedent to present the creditor’s claim within four months after the published notice, if notice is published in a newspaper or within sixty days after the mailing or other delivery of the notice, whichever is later, or be forever barred. **How Can I Get Notices Involving an Arizona Probate?** Any person desiring notice of any order or filing pertaining to a decedent’s estate in which the person has a financial or property interest may file a demand for notice with the appropriate Superior Court at any time after the death of the decedent stating the name of the decedent, the nature of the person’s interest in the estate and the person’s address or that of the person’s attorney. The person filing the demand for notice must mail a copy of the demand for notice to the personal representative of the estate if one has been appointed. An interested person may file a demand for notice even if an Arizona probate is not yet pending. After filing of a demand for notice, no order or filing to which the demand relates shall be made or accepted without prior notice to the person or his attorney. A petitioner receiving a Court order or the person making the filing who fails to give proper notice to a person who has filed a demand for notice may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand ceases on the termination of the person’s interest in the estate. [A.R.S. § 14-3204](http://www.azleg.gov/ars/14/03204.htm). **When is an Arizona Probate Necessary?** Probate is not always required or necessary in Arizona after a person dies. When a resident of Arizona dies, there are two primary reasons to probate the decedent’s estate with an Arizona probate court: 1\. the decedent has assets that cannot be transferred to the decedent’s heir(s) without a probate, and/or 2\. the estate of the decedent desires to eliminate or reduce the claims that creditors may make against the estate. Under Arizona law the general rule is that creditors who do not file a formal claim with the estate within four months after the publication of a notice to creditors are barred forever of bringing their claims. [A.R.S. § 14-3803](http://www.azleg.gov/ars/14/03803.htm). **What are Probate Assets?** Probate proceedings involve only assets commonly referred to as “probate assets.” Arizona probate courts do not have jurisdiction over and cannot administer assets that are not probate assets. Probate assets include all real property and personal property, including intangible personal property: 1\. in which the decedent had an interest at the time of death, and 2\. that are not transferred by operation of law or by contract to a person or entity. The decedent must have had an interest in the property at the time of death or the property is not a probate asset. **Example 1 – Transfer of Title Before Death**: If the decedent gives his 2003 Hummer SUV to his mother the day before his death, the Hummer belongs to his mother on the date of death and is not a probate asset that passes through probate. However, if the decedent failed to sign the title to the Hummer to his mother and did not properly complete the legal formalities of transferring title to the Hummer, the decedent would have retained legal title to the Hummer at the time of death. The Hummer would then be a probate asset and a probate may be needed to transfer the title. **Example 2 – Incomplete Transfer of Title**: The day before he dies, the decedent signs a contract with a buyer to sell the Hummer, but dies before the sale is completed and before transferring the title to the vehicle to the buyer. The buyer has a claim against the estate for the purchase of the Hummer. An Arizona probate court proceeding may be needed to transfer the title and complete the sale. If a probate is opened with an Arizona probate court and the creditor notice procedures are followed, the buyer’s right to purchase the Hummer will be extinguished unless the buyer files a claim against the estate within the period allowed for filing claims. **How Does Property Transfer After Death?** When an Arizona resident dies, all property in which the decedent had an interest on the date of death is disposed of by one of the following three methods: 1\. By operation of law; 2\. By the terms and conditions of a legally binding contract; or 3\. By Arizona probate law. If title to a decedent’s property did not transfer after death automatically by operation of law or by a contract, the property is a probate asset. Property that passes by operation of law or by contract is a “nonprobate asset” and achieves the frequently desired status of “avoiding probate.” Nonprobate assets are usually not affected by a Will or an Arizona probate. **What Types of Property Transfers by Operation of Law?** Arizona law provides that certain interests in property transfer automatically by law. The most common types of property that pass from a decedent to other people or entities by operation of Arizona law are: 1\. Property held by the owners as joint tenancy property; 2\. Property held by the owners as community property with right of survivorship; and 3\. Arizona real property subject to a valid beneficiary deed. When a decedent owns an interest in property as a joint tenant or as community property with right of survivorship, the decedent’s interest in the property passes automatically on the instant of death to the other joint tenant(s) or spouse, respectively, without the need for a probate. See [A.R.S. § 33-431(B) and (C)](http://www.azleg.gov/ars/33/00431.htm). **Example 3 – Joint Tenancy & Community Property with Right of Survivorship**: Dick and Jane are married and hold title to their home as joint tenants with right of survivorship. When Dick dies, his entire interest in the home will pass automatically by operation of law to Jane, regardless of what his Will may say about the home. Dick’s interest in the home is not a probate asset and not administered by his personal representative. If Dick and Jane hold title to their home as community property with right of survivorship, the result is the same. **Example 4 – Community Property WITHOUT Right of Survivorship**: Dick and Jane are married and hold title to their home as community property, **but not as community property with right of survivorship**. Arizona recognizes two types of community property interests: (i) with right of survivorship, and (ii) without right of survivorship. When Dick dies, his interest in the home does not pass automatically by operation of law to Jane, regardless of what his Will may say about the home. When a married person dies holding title to real estate with a spouse as a community property (without right of survivorship), the deceased’s interest in the property becomes a probate asset that may have to go through probate. **TIP**: To determine if property is owned as community property (with or without right of survivorship), examine the deed that transferred title to the married couple – if the deed does not expressly state that title is transferred to the couple as community property with right of survivorship, title was not transferred to the couple as community property with right of survivorship. Title will be held as mere community property unless the couple changed the form of ownership to community property with right of survivorship or some other type of ownership after acquiring title. Note: To change title to real estate, the owner(s) must sign and record another deed. **Example 5 – Tenancy in Common**: Dick and Jane are brother and sister and hold title to a rental home as tenants in common. When Dick dies, his interest in the home does not pass automatically by operation of law to Jane. When a person dies holding title to real estate as a tenant in common, the deceased’s interest in the property becomes a probate asset that may have to go through probate. **Example 6 – Property Subject to an Arizona Beneficiary Deed**: Jane is the sole owner of her home. She signs and records an Arizona Beneficiary Deed that provides that on her death, her home goes to her brother if he is alive or to his brother’s children equally if her brother is not then living. On the date of Jane’s death, her brother is alive. Jane’s brother inherits the home without the need for a probate because Jane’s interest in the home passed automatically by operation of law to her brother on her death. The Arizona Beneficiary Deed is an excellent and inexpensive device to transfer Arizona real estate without a probate. For more information on Arizona Beneficiary Deeds, see my article called “[Arizona Beneficiary Deeds](http://www.keytlaw.com/arizonawills/arizona-beneficiary-deeds/).” **What Types of Property Transfers by Contract?** The most common types of property that pass from a decedent to other people or entities by contract are: 1\. Life insurance proceeds, annuities, and retirement plan benefits, which pass according to the beneficiary designation given to the insurance company or retirement plan administrator. If no beneficiary is designated or if a designated beneficiary dies before the insured and a contingent beneficiary was not designated with the life insurance company, the life insurance becomes a probate asset. 2\. Trust assets, which are titled in the name of the trustee and that pass according to the instructions to the trustee stated in the trust agreement. Creating a trust to hold assets is one of the most common ways to avoid probate. Assets owned by a trustee for the benefit of named beneficiaries are not probate assets and avoid probate. **Example 7 – The Living Trust – Valid Transfer**: Jane is unmarried with no children. She creates a trust during her life (a “living trust” or an “inter vivos trust”) to hold title to her home in Phoenix, Arizona. The trust agreement (the contract) provides that the home is to be given to her fiancée on her death. The decedent signed and recorded a deed conveying the Phoenix property to the trustee of her trust. Because the Phoenix property was owned by the trust on the date of the decedent’s death, the trustee is obligated under the trust agreement to convey title to the Phoenix property to the fiancée and the Phoenix home avoids Arizona probate. **Example 8 – The Living Trust – No Transfer or Defective Transfer**: The facts are the same as in Example 7, but the decedent never signed and recorded a deed conveying the Phoenix property to the trustee of her trust. Because the Phoenix property was owned by the decedent on the date of the decedent’s death and not by the trustee, the home is not in the trust and does not pass according to the trust agreement. The home becomes a probate asset because the decedent owned it on the date of her death. The home will go as provided in the decedent’s Will. If the decedent died without a Will, the home will go by the Arizona law of intestate succession and the fiancée will not get any interest in the home. **Caution**: It is very common for people to create trusts for the purpose of avoiding probate, but fail to transfer title to property to the trustee of the trust. A trust may dispose of a decedent’s assets only if the trust owns the assets. If you create a trust, make sure that you actually transfer title to property intended to be held in trust to the trustee of the trust. Some types of Arizona property such as real estate and vehicles must be transferred according to the strict formalities of Arizona law. To avoid the disaster that may occur when property intended to pass by the terms of the trust instead becomes a probate asset and passes by Will (if there is one) or alternatively, by the Arizona law of intestate succession, you must take all steps necessary before you die to legally transfer title to property to the trustee. **When Is Probate Required to Transfer Title to Real Estate?** An Arizona probate may be required to legally transfer title to an asset from the decedent to the people or entities legally entitled to inherit the asset. One of the most common reasons a probate is necessary is to transfer the title of Arizona real estate. If a person dies owning real property that does not pass automatically by operation of law, a probate may be required to appoint a personal representative with the power to sign a deed that conveys the property from the estate to the decedent’s heir or heirs. Arizona real estate transfers automatically by law after the death of an owner if the title was held as joint tenancy or as community property with right of survivorship or if the owner recorded a valid beneficiary deed. See Example 6 above. Without a probate and a properly prepared and recorded deed signed by the personal representative, the title to the real estate is clouded and probably not marketable because no title insurance company would insure the title. **Is there a Small Estate Exception to Avoid Arizona Probate?** Yes. In certain circumstances, an Arizona probate may not be required to obtain property or change title to the decedent’s property. These circumstances are (i) the decedent’s employer owes wages, salary or other compensation to the decedent of less than $5,000 and the decedent’s spouse seeks the money, (ii) more than 30 days has passed since the death and the value of the personal property of the estate less liens and encumbrances is less than $50,000, or (iii) more than six months has passed since the death and the value of all of the real property of the estate located in Arizona less liens and encumbrances thereon is less than $75,000. [A.R.S. § 14-3971](http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/14/03971.htm). In determining the value of real property for the small estate exemption, the value of the decedent’s interest in the real property shall be determined from the full cash value of the property as shown on the assessment rolls for the year in which the decedent died, except that in the case of a debt secured by a lien on real property the value shall be determined by the unpaid principal balance due on the debt as of the date of death. [A.R.S. § 14-3971(E)(1)](http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/14/03971.htm). **Can a Spouse Obtain Money Owed by the Decedent’s Employer without an Arizona Probate?** At any time after the death of a decedent, any employer owing wages, salary or other compensation for personal services of the decedent shall pay to the surviving spouse of the decedent the amount owing not to exceed $5,000, on being presented an affidavit made by or on behalf of the spouse stating that the affiant is the surviving spouse of the decedent, or is authorized to act on behalf of the spouse, and that no application or petition for the appointment of a personal representative is pending or has been granted in this state or, if granted, the personal representative has been discharged or more than one year has elapsed since a closing statement has been filed. [A.R.S. § 14-3971(A)](http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/14/03971.htm). **What is the Maximum Amount of Personal Property that Can be Administered without an Arizona Probate?** Section [14-3971(B)](http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/14/03971.htm) of the Arizona Revised Statutes provides that in certain situations, an Arizona probate can be avoided if the value of **ALL PERSONAL PROPERTY** in the decedent’s estate, wherever located, less liens and encumbrances, does not exceed $75,000 as of the date of death. This procedure involves preparing an Affidavit more than thirty days after the decedent’s death that contains certain language and delivering the Affidavit to a person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent. All of the following conditions must be true to use this Affidavit procedure: 1\. Thirty days have elapsed since the death of the decedent. 2\. Either: (i) an application or petition for the appointment of a personal representative is not pending and a personal representative has not been appointed in any jurisdiction and the value of all personal property in the decedent’s estate, wherever located, less liens and encumbrances, does not exceed $75,000 as of the date of death, or (ii) the personal representative has been discharged or more than one year has elapsed since a closing statement has been filed and the value of all personal property in the decedent’s estate, wherever located, less liens and encumbrances, does not exceed $50,000 as of the date of the Affidavit. 3\. The claiming successor is entitled to payment or delivery of the property. A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors on presentation of an Affidavit pursuant to this less than $75,000 of personal property exemption. The motor vehicle division shall transfer title of a motor vehicle from the decedent to the successor or successors on presentation of an Affidavit pursuant to this less than $200,000 of personal property exemption and on payment of the necessary fees. We will prepare an Affidavit for Collection of Personal Property. Contact Arizona probate attorney Richard C. Keyt at 480-664-7472 or at [rck@keytlaw.com](mailto:rck@keytlaw.com "rck@keytlaw.com") today to get started. **What is the Maximum Amount of Arizona Real Property that Can be Administered without an Arizona Probate?** Arizona Revised Statutes [Section 14-3971(C)](http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/14/03971.htm) provides that in certain situations, an Arizona probate can be avoided if the value of **REAL PROPERTY** in the decedent’s estate, less liens and encumbrances, does not exceed $300,000 as of the date of death. This procedure involves preparing an Affidavit more than six months after the decedent’s death that contains certain language and filing it in the Court in the county in which the decedent was domiciled at the time of death, or if the decedent was not domiciled in Arizona then in any county in which real property of the decedent is located. The Affidavit must describe the real property and the interest of the decedent in that property and state that all of the following are true and material and acknowledge that any false statement in the Affidavit may subject the person or persons to penalties relating to perjury and subornation of perjury: 1\. Six months have elapsed since the death of the decedent as shown in a certified copy of the decedent’s death certificate attached to the Affidavit. 2\. Either: (i) an application or petition for the appointment of a personal representative is not pending and a personal representative has not been appointed in any jurisdiction and the value of **all real property in the decedent’s estate located in Arizona**, less liens and encumbrances against the real property, does not exceed $300,000 at the date of death. The value of the decedent’s interest in that real property shall be determined from the full cash value of the property as shown on the assessment rolls for the year in which the decedent died, except that in the case of a debt secured by a lien on real property the value shall be determined by the unpaid principal balance due on the debt as of the date of death; or (ii) the personal representative has been discharged or more than one year has elapsed since a closing statement has been filed and the value of **all real property in the decedent’s estate, wherever located,** less liens and encumbrances, does not exceed $75,000 as of the date of the affidavit. The value of the decedent’s interest in that real property is determined from the full cash value of the property as shown on the assessment rolls for the year in which the affidavit is given, except that if a debt is secured by a lien on real property, the value is determined by the unpaid principal balance due on the debt as of the date of the Affidavit. 3\. Funeral expenses, expenses of last illness, and all unsecured debts of the decedent have been paid. 4\. The person or persons signing the Affidavit are entitled to the real property by reason of the allowance in lieu of homestead, exempt property or family allowance, by intestate succession as the sole heir or heirs, or by devise under a valid last Will of the decedent, the original of which is attached to the Affidavit or has been probated. 5\. No other person has a right to the interest of the decedent in the described property. 6\. No federal or Arizona estate tax is due on the decedent’s estate. On receipt of the Affidavit and after determining that the Affidavit is complete, the Superior Court registrar shall cause to be issued a certified copy of the Affidavit without attachments, and the copy shall be recorded in the office of the recorder in the county where the real property is located. The legal significance of a valid recorded certified copy of the Affidavit is that it changes the title to the real property as provided therein on the official records of the county recorder of the county where it is recorded. **How to Hire Arizona Probate Attorney Richard C. Keyt to Prepare an Affidavit** Richard C. Keyt will prepare an Affidavit for Succession to Real Property, file it with the appropriate Superior Court and record the certified copy of the Affidavit. Contact Arizona probate attorney Richard C. Keyt at 480-664-7472 or at [rck@keytlaw.com](mailto:rck@keytlaw.com "rck@keytlaw.com") and get started. **What is the Cost of an Arizona Probate?** The cost of an Arizona probate is the sum of: (i) legal fees (if you use a lawyer), (ii) costs such as the $206 Maricopa County Superior Court filing fee and the cost to publish the Notice to Creditors in a newspaper ($30 – $60), (iii) the cost to obtain a bond if a bond is required, and (iv) the compensation payable to the personal representative unless it is waived by the personal representative. If a bond is not required and the personal representative acts without compensation without hiring a lawyer, the total cost could be as low as $250 – $500. If a lawyer is involved, legal fees can vary greatly depending on the lawyer. Some lawyers may do probates for a fixed fee, but most charge on an hourly basis because it is not possible to predict how much time will be required to complete the probate. Because Arizona is not a state like California that authorizes lawyers to charge legal fees as a percentage of the value of the estate, a simple uncontested informal Arizona probate can cost $3,500 or more regardless of the value of the estate. We do uncontested, simple Arizona informal probates for $5,000. We require the person who will be the personal representative to pay the $5,000 when we are hired. The estate can reimburse the personal representative after opening the probate, so the $5,000 legal fee does not come from the personal representative’s pocket. **Our Arizona Probate Service or Why Should I Hire Arizona Probate Lawyer Richard C. Keyt for an Arizona Probate?** An Arizona probate is a court proceeding involving complex legal issues and accountability to the Court and the devisees, heirs, creditors and other interested parties. A personal representative owes fiduciary duties to devisees, heirs, creditors and the court. A personal representative who makes a mistake can be personally liable to the devisees, heirs, creditors, interested parties and the Court. It is a high risk job that should not be undertaken lightly and without assuming the risk that the personal representative could be answering to the Court for a mistake that causes harm. For example, if the estate has assets to pay taxes and does not, the personal representative is personally liable to pay the taxes. You should hire Arizona probate attorney Richard C. Keyt to represent you as the personal representative of an Arizona decedent or for an ancillary probate for a person who died owning Arizona real property. We prepare all necessary probate documents, answer questions asked by the personal representative and advise the personal representative with respect to issues that arise during the probate. Our services include preparing a Release and Waiver document for the signature of devisees and heirs by which they release the personal representative from liability as a condition to receiving their property. The best way for a personal representative to reduce the risk of being sued is to hire an experienced probate attorney. Our experience has been that probates all too frequently cause hard feelings and problems among family members. Probates are all about distributing money and property. The “do-it-yourself” personal representative risks substantial personal liability and a lot of stress. **How to Hire Arizona Probate Attorney Richard C. Keyt to Do an Arizona Probate** It is simple to hire us. Just do the following: - Complete our online [probate legal service agreement](https://www.keytlaw.com/az-probate/). - Send a check for $5,000 payable to KEYTLaw, LLC, to Richard C. Keyt, 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258. - You may also pay us $5,000 by Visa, Mastercard, American Express or Discover credit or debit card by going to our secure [online order form](https://keytlaw.infusionsoft.com/app/orderForms/Probate) or call our legal assistant Michelle at 480-664-7413 and give her your card information. **Note**: The personal representative who pays our fee is entitled to be reimbursed by the estate. For more information about probate law in Arizona or to start your probate, contact Arizona probate attorney Richard C. Keyt at 480-664-7472 or [rck@keytlaw.com](mailto:rck@keytlaw.com "rck@keytlaw.com") To get answers to your probate questions book a free office, phone or Zoom video meeting with Richard by going to his online calendar at . **Exempt Estate Form Preparation Service** For personal property estates under $200,000, we will prepare an Affidavit for Collection of Personal Property. For real property with equity under $300,000, we will prepare an Affidavit for Succession to Real Property, file it with the appropriate Superior Court and record the certified copy of the Affidavit. Contact Richard C. Keyt today at 480-664-7472 if you have any questions. to get started: - Go to our Affidavit for Collection of Personal Property [order form](https://keytlaw.infusionsoft.com/app/orderForms/affidavit-pp) and pay then complete and submit our [Questionnaire](https://www.az-probate.com/affidavit-pp/) for Small Estate Affidavit for Personal Property Under $200,000. - Go to our Affidavit for Collection of Real Property [order form](https://keytlaw.infusionsoft.com/app/orderForms/aff-rp) and pay then complete and submit our [Questionnaire](https://www.az-probate.com/affidavit-rp/) for Small Estate Affidavit for Real Property Under $300,000. --- ### [Tax Consequences of Selling a Business in Arizona | KEYTLaw](https://www.keytlaw.com/tax-consequences-selling-business/) **Published:** July 24, 2026 **Author:** Richard Keyt **Content:** # Seller's Federal Income Tax Issues from Sale of a Business By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). **Last updated July 24, 2026, by [Richard Keyt](https://www.keytlaw.com/richard-keyt), Arizona LLC attorney** When you sell your Arizona business, federal income tax law determines how much of the sale price you actually keep. As the seller you generally prefer to sell your entity — your stock or membership interests — because that usually produces a single layer of long-term capital gain taxed at a maximum federal rate of 20% plus the 3.8% net investment income tax under [Section 1411](https://www.law.cornell.edu/uscode/text/26/1411). An asset sale is less favorable to you: the price must be allocated among the assets under [Section 1060](https://www.law.cornell.edu/uscode/text/26/1060) and reported on [IRS Form 8594](https://www.irs.gov/forms-pubs/about-form-8594), and each asset carries its own tax character. Dollars allocated to goodwill produce long-term capital gain, but inventory, depreciation recapture under [Section 1245](https://www.law.cornell.edu/uscode/text/26/1245), and covenants not to compete produce ordinary income taxed up to 37%. Your entity type controls how many times you are taxed: C corporation sellers face a double layer of tax, while S corporation and LLC sellers are generally taxed once, subject to traps like the built-in gains tax of [Section 1374](https://www.law.cornell.edu/uscode/text/26/1374) and the hot-asset rules of [Section 751](https://www.law.cornell.edu/uscode/text/26/751). Timing tools such as an installment sale under [Section 453](https://www.law.cornell.edu/uscode/text/26/453), and the expanded [Section 1202](https://www.law.cornell.edu/uscode/text/26/1202) qualified small business stock exclusion, can materially reduce what you owe. This article answers the federal income tax questions Arizona business sellers ask most often. To learn more about buying or selling an Arizona business read our articled called [Buying / Selling an Arizona Business FAQs & Checklist](https://www.keytlaw.com/buying-a-business-in-arizona/). To hire us to prepare business purchase/sale documents submit our online [Business Purchase / Sale Questionnaire](https://www.keytlaw.com/bizq). ## Business Seller's Federal Income Tax Issues ### Why does the structure of the sale matter so much to me as the seller? Because it usually decides whether you pay one layer of tax or two, and how much of your gain is taxed at capital gain rates instead of ordinary rates. Every business sale is either an asset sale or an entity sale. In an **asset sale**, the buyer purchases the assets of the business — equipment, inventory, accounts receivable, contracts, customer lists, trade names, goodwill — and you keep the legal entity. In an **entity sale**, the buyer purchases your stock or membership interests and takes the entity as it is, with all of its assets and liabilities. As a seller you generally prefer to sell the entity. Selling stock or membership interests usually produces a single layer of tax on a single category of income: long-term capital gain, taxed at a maximum federal rate of 20% plus the 3.8% net investment income tax. You report one number and the analysis is nearly over. An asset sale is messier — you divide the price among dozens of assets and recognize a different character of income on each one, and if your entity is a C corporation an asset sale triggers two levels of tax instead of one. Buyers generally want the opposite, because buying assets gives them a stepped-up basis to depreciate and amortize and leaves your liabilities behind. That conflict is resolved with money: a well-advised seller quantifies the extra tax an asset sale would cost and prices it into the deal. Model the after-tax result before you sign a letter of intent, not after. ## How the Purchase Price Allocation Affects Your Tax ### What is Internal Revenue Code Section 1060 and why does it control my tax bill? [Section 1060](https://www.law.cornell.edu/uscode/text/26/1060) applies to any "applicable asset acquisition" — essentially any sale of a group of assets that make up a trade or business. It requires you and the buyer to allocate the total price among the assets using the **residual method** and to report that allocation to the IRS on [IRS Form 8594](https://www.irs.gov/forms-pubs/about-form-8594), Asset Acquisition Statement, filed with each party's return for the year of sale. The allocation controls how much of your gain is ordinary income and how much is capital gain, which is why it deserves as much attention as the price itself. ### What are the asset classes used in the allocation? The residual method assigns the price to seven classes in order. Each class absorbs value up to its fair market value before anything spills into the next class: - **Class I** — cash and demand deposits. - **Class II** — actively traded personal property, certificates of deposit, foreign currency, and marketable securities. - **Class III** — accounts receivable, mortgages, and credit card receivables. - **Class IV** — inventory and property held primarily for sale to customers. - **Class V** — everything not in another class, which is where furniture, fixtures, equipment, vehicles, buildings, and land land. - **Class VI** — [Section 197](https://www.law.cornell.edu/uscode/text/26/197) intangibles other than goodwill and going concern value, including customer lists, trade names, licenses, and covenants not to compete. - **Class VII** — goodwill and going concern value, which absorbs whatever is left over. ### Why should I care how the allocation is written? Because it determines how much of your price is taxed at 37% and how much is taxed at 20%. Dollars allocated to inventory produce ordinary income. Dollars allocated to fully depreciated equipment produce ordinary depreciation recapture. Dollars allocated to a covenant not to compete produce ordinary income. Dollars allocated to goodwill produce long-term capital gain. A seller who lets the buyer write the allocation is often signing up for a materially larger tax bill. The buyer has the opposite incentive on some assets — buyers like allocations to equipment and inventory they can deduct quickly, while you usually prefer goodwill. The lesson: **negotiate the allocation and put it in the purchase agreement.** A written allocation both parties agree to generally binds them and the IRS under [Section 1060(a)](https://www.law.cornell.edu/uscode/text/26/1060), as long as it is not unreasonable in light of actual fair market values. An allocation left to be worked out after closing is a dispute waiting to happen, and the two Forms 8594 must match or you invite an audit. ## The Character of Your Gain ### Is my gain capital gain or ordinary income? In an asset sale, it is both, asset by asset. The general pattern: - **Inventory** — ordinary income, no exceptions. - **Accounts receivable** of a cash-basis business — ordinary income when collected or sold. - **Equipment, vehicles, and other personal property** — ordinary income to the extent of prior depreciation, then [Section 1231](https://www.law.cornell.edu/uscode/text/26/1231) gain (generally treated as long-term capital gain) above original cost. - **Real estate** — Section 1231 gain, with prior straight-line depreciation on buildings taxed as "unrecaptured [Section 1250](https://www.law.cornell.edu/uscode/text/26/1250) gain" at a maximum 25% rate. - **Goodwill, going concern value, customer lists, trade names** — long-term capital gain if held more than one year. - **Covenant not to compete** — ordinary income. - **Consulting or employment payments** — ordinary income, plus employment taxes. You report the Section 1231 and recapture items on [IRS Form 4797](https://www.irs.gov/forms-pubs/about-form-4797) and the capital items on Schedule D. ### What is depreciation recapture and why did it wreck my tax projection? Depreciation recapture is Congress collecting back the benefit of deductions you already took. Under [Section 1245](https://www.law.cornell.edu/uscode/text/26/1245), when you sell equipment, machinery, vehicles, software, or other tangible and intangible personal property, gain is taxed as **ordinary income** up to the amount of depreciation you previously deducted. Only gain above your original cost gets capital gain treatment. This surprises sellers constantly, and it has gotten worse. Because 100% bonus depreciation is now permanent for qualifying property acquired and placed in service after January 19, 2025, many businesses have written their equipment down to zero basis. Every dollar of the price allocated to that equipment is ordinary income on the way out. The deduction you loved in year one is the tax bill you hate in year six. ### How is goodwill taxed when I sell my business? Goodwill held for more than one year is a capital asset in your hands, and gain on its sale is long-term capital gain — the most favorable result available to a seller. This is why you should push to allocate as much of the price as possible to goodwill. Buyers, who must amortize goodwill over 15 years, push the other way, so the goodwill allocation is almost always negotiated. ### What is "personal goodwill" and can I really sell it separately? Sometimes, and when you can, it is extremely valuable. If your business is a C corporation, an asset sale normally produces corporate-level tax on the goodwill plus a second tax when the proceeds are distributed to you. But if the goodwill belongs to you personally — your reputation, relationships, and skill, not the corporation's — you may be able to sell that personal goodwill directly to the buyer and report a single level of long-term capital gain, sidestepping the corporate-level tax on those dollars. Courts have allowed this where the facts supported it, most famously in *Martin Ice Cream Co. v. Commissioner* and *Norwalk v. Commissioner*. But the IRS attacks personal goodwill aggressively, and the claim fails where you had signed an employment agreement or a non-compete with your own corporation, because the goodwill then belonged to the corporation. Personal goodwill is a fact-driven position that must be built long before the sale, documented in the transaction, and supported by an appraisal. Do not attempt it without a tax lawyer and a CPA. ### How are covenant not to compete payments taxed to me? Badly. Amounts allocated to a covenant not to compete are ordinary income to you, taxed at rates up to 37%. The buyer amortizes the covenant over 15 years under [Section 197](https://www.law.cornell.edu/uscode/text/26/197) regardless of its actual term, so the buyer usually has no strong reason to demand a large allocation to it. If the buyer does insist, understand that you are paying ordinary rates on those dollars, and price accordingly. ### How are consulting and employment payments after closing taxed to me? Consulting fees and post-closing salary are ordinary compensation income to you, subject to self-employment tax or payroll tax rather than capital gain rates. Buyers often prefer to route dollars this way because compensation is immediately deductible to them. Where you will genuinely work after closing, the compensation should be reasonable for the services actually rendered; where the payment is really disguised purchase price dressed up as salary, you are exposed on audit. Watch how much of your deal is characterized as post-closing compensation. ### Do I owe the 3.8% net investment income tax on the sale? Often, yes. The net investment income tax under [Section 1411](https://www.law.cornell.edu/uscode/text/26/1411) applies at 3.8% to net investment income of individuals whose modified adjusted gross income exceeds $250,000 for joint filers or $200,000 for single filers. Gain from selling a passive business interest is investment income and is subject to the tax. Gain allocable to assets used in a trade or business in which you **materially participated** is generally excluded, but the rules for pass-through entities are technical and the year-of-sale income spike often pushes you over the threshold anyway. ## How Your Entity Type Changes the Result ### What happens if my business is a C corporation? You face the double tax problem, and it is severe. In an asset sale, the corporation pays 21% federal corporate tax on the gain. Then, when the after-tax proceeds are distributed to you in liquidation, you pay capital gain tax on the difference between what you receive and your stock basis. The combined effective federal rate can approach 40% or more. This is the single strongest reason a C corporation owner resists an asset sale and prefers to sell stock, and it is where a personal goodwill component or a [Section 1202](https://www.law.cornell.edu/uscode/text/26/1202) exclusion, discussed below, can save real money. ### What happens if my business is an S corporation? Much better. An S corporation's gain on an asset sale generally passes through to you and is taxed once at your level, with the character of the gain preserved. Your stock basis increases by the pass-through gain, so the liquidating distribution usually produces little or no additional tax. The trap is the **built-in gains tax** of [Section 1374](https://www.law.cornell.edu/uscode/text/26/1374). If your corporation was formerly a C corporation and converted to S status within the last five years, appreciation that existed at the date of conversion is taxed at the corporate level at 21% when recognized, and then taxed again at your level. If your S election is recent, calculate this before you sign anything. ### What happens if my business is a multi-member LLC taxed as a partnership? If the buyer purchases the LLC's assets, the LLC recognizes gain that passes through to the members, character intact. If the buyer purchases your membership interest, [Section 741](https://www.law.cornell.edu/uscode/text/26/741) treats the sale as the sale of a capital asset — but [Section 751](https://www.law.cornell.edu/uscode/text/26/751) overrides that result for your share of "hot assets," meaning unrealized receivables (including depreciation recapture) and inventory. That share is ordinary income no matter how the deal is papered. You also must include your share of LLC liabilities in your amount realized, which frequently produces more taxable gain than you expected from the cash you actually receive. ### What if I am the only owner of my LLC? A single-member LLC that has not elected corporate taxation is disregarded for federal income tax purposes. Selling 100% of the membership interests is therefore treated as a **sale of the underlying assets**, with all the asset-by-asset character consequences described above. There is no capital gain shortcut. [Revenue Ruling 99-6](https://www.irs.gov/pub/irs-drop/rr-99-6.pdf) governs, and it also addresses the mirror situation where a multi-member LLC drops to one member. ### Could my gain be tax free under the qualified small business stock rules? Possibly, if you own C corporation stock — and the rules recently got much more generous. [Section 1202](https://www.law.cornell.edu/uscode/text/26/1202) lets a non-corporate shareholder exclude gain on qualified small business stock. The One Big Beautiful Bill Act, signed July 4, 2025, raised the per-issuer exclusion cap from $10 million to $15 million and raised the issuing corporation's aggregate gross asset ceiling from $50 million to $75 million, for stock acquired after July 4, 2025. It also created a tiered exclusion for stock acquired after that date: 50% after a three-year holding period, 75% after four years, and 100% after five years. The pre-existing five-year, 100% rule continues to apply to stock acquired on or before July 4, 2025. Section 1202 requires an original issuance of stock, an active qualified trade or business, and satisfaction of a list of disqualifying business categories that excludes most professional services firms. It applies only to **stock**, which means it is unavailable to LLC members and it is one of the few reasons a closely held Arizona business might deliberately choose C corporation status. If there is any chance your company qualifies, raise it with your CPA years before you sell, not weeks before. ### The buyer wants me to make a Section 338(h)(10) election. What does that cost me? A [Section 338(h)(10)](https://www.law.cornell.edu/uscode/text/26/338) election, made jointly by you and the buyer, treats what is legally a stock purchase of your S corporation as a deemed asset sale. The buyer gets the stepped-up basis it wants; you get taxed **as though you sold assets**, which usually means more ordinary income from recapture and hot assets and less pure capital gain than a clean stock sale would have produced. A [Section 336(e)](https://www.law.cornell.edu/uscode/text/26/336) election can reach a similar result without a corporate buyer. Because the election moves tax cost onto you, agree to it only if the buyer pays for the privilege — typically a gross-up that makes you whole on an after-tax basis. Have your CPA calculate the difference between your tax with and without the election before you consent, and put the gross-up in the purchase agreement. ## Payment Terms and Timing ### Can I spread my tax over several years using an installment sale? Often, partially. [Section 453](https://www.law.cornell.edu/uscode/text/26/453) lets you report gain proportionally as payments are received when you receive at least one payment after the year of sale, which defers your tax and may keep you in lower brackets. It is reported on [IRS Form 6252](https://www.irs.gov/forms-pubs/about-form-6252). The important limits: installment reporting is **not** available for inventory, for depreciation recapture under Sections [1245](https://www.law.cornell.edu/uscode/text/26/1245) and [1250](https://www.law.cornell.edu/uscode/text/26/1250) (which is fully taxed in the year of sale regardless of when you are paid), for publicly traded securities, or for the accounts receivable of a cash-basis seller. A seller with heavily depreciated equipment can therefore owe substantial tax in year one on money it will not receive for years. There is also an interest charge under [Section 453A](https://www.law.cornell.edu/uscode/text/26/453A) on large deferred balances. Model the cash flow, not just the tax. ### How are earnouts and contingent purchase price taxed to me? Contingent payments are generally handled under the installment sale rules, with basis recovered under regulations that depend on whether the earnout has a stated maximum price, a fixed period, or neither. Part of each earnout payment is usually recharacterized as **interest income** under the imputed interest rules of Sections [483](https://www.law.cornell.edu/uscode/text/26/483) and [1274](https://www.law.cornell.edu/uscode/text/26/1274), which is ordinary income to you. A separate risk to watch: if your earnout is conditioned on your continued employment, the IRS may treat it as compensation rather than purchase price, converting your capital gain into ordinary income subject to employment taxes. Have the earnout drafted so it reads as purchase price, not disguised wages. ### The buyer wants to pay me over time with a promissory note. What should I watch? Make sure the note bears an adequate stated rate of interest. If it does not, Sections [483](https://www.law.cornell.edu/uscode/text/26/483) and [1274](https://www.law.cornell.edu/uscode/text/26/1274) will impute interest at the applicable federal rate, recharacterizing part of what you both called principal. That converts some of your capital gain into ordinary interest income. Stating a market rate of interest in the note is simpler and keeps the characterization clean. You should also secure the note — a security interest in the assets or a stock pledge — so you are protected if the buyer defaults before paying you in full. ### Can my sale be entirely tax free? Only in narrow circumstances. A corporate reorganization under [Section 368](https://www.law.cornell.edu/uscode/text/26/368) — where you receive stock of the acquiring corporation rather than cash — can defer your gain, but it requires you to keep a continuing proprietary interest in the buyer, which is not what most retiring Arizona owners want. [Section 1031](https://www.law.cornell.edu/uscode/text/26/1031) like-kind exchange treatment was limited by the Tax Cuts and Jobs Act to real property only, so it no longer shelters goodwill, equipment, or other business assets. For the typical closely held business sale, your realistic goal is favorable character and sensible timing, not elimination. ## Arizona and Practical Considerations for Sellers ### What about Arizona income tax on my sale? Arizona imposes a flat 2.5% individual income tax under [A.R.S. § 43-1011](https://www.azleg.gov/ars/43/01011.htm), and the Arizona return starts from federal adjusted gross income. That means most of the federal characterization decisions described above flow straight through to your Arizona return. Arizona also allows a subtraction under [A.R.S. § 43-1022](https://www.azleg.gov/ars/43/01022.htm) equal to 25% of net long-term capital gain included in federal adjusted gross income, which lowers your effective Arizona rate on long-term gain to roughly 1.875%. This provision recently improved for business sellers. For tax years beginning before 2026, the subtraction applied only to gain from assets acquired after December 31, 2011, which disqualified many owners of long-established companies. For tax years beginning on or after January 1, 2026, the Legislature removed the acquisition-date limitation, so the 25% subtraction now applies to all net long-term capital gain regardless of when the asset was acquired. An Arizona owner selling a business founded in the 1990s finally gets the benefit. If you live outside Arizona, or your business operates in more than one state, you also face apportionment and nonresident filing questions that need a CPA's attention. ### Are there other Arizona taxes I should worry about when I sell my assets? Yes. Arizona transaction privilege tax under the retail classification of [A.R.S. § 42-5061](https://www.azleg.gov/ars/42/05061.htm) may apply to the sale of tangible personal property in some circumstances, and your unpaid TPT and withholding liabilities can follow the business to the buyer, who will demand indemnification for them. County personal property tax and license transfers also need attention. These are not income taxes, but they belong on your closing checklist. ### When should I bring in a lawyer and a CPA? Before you sign the letter of intent. The letter of intent typically fixes the price and the structure, and once you have signed a nonbinding LOI calling for an asset sale, it is very difficult to renegotiate the structure without appearing to retrade the deal. The cheapest hour you will spend on the sale of your business is the first one. ### What tax terms should be in my purchase agreement? At a minimum the agreement should state the structure, contain a binding purchase price allocation, allocate responsibility for pre-closing and post-closing taxes, require cooperation on Form 8594, address any [Section 338(h)(10)](https://www.law.cornell.edu/uscode/text/26/338) election and the gross-up that goes with it, and limit your indemnification exposure to a defined cap and survival period. A handshake sale generates litigation and IRS notices in roughly equal measure. Protect yourself in writing. ## Get Help Selling Your Arizona Business Arizona business attorneys Richard Keyt and his son, attorney and former CPA Richard C. Keyt, have represented Arizona business sellers for decades and have formed 10,000+ Arizona LLCs. We prepare and negotiate asset purchase agreements, stock and membership interest purchase agreements, purchase price allocations, promissory notes, security agreements, and non-competes — and we coordinate with your CPA so the structure you sign produces the after-tax result you actually want when you sell your business. To learn more about buying or selling an Arizona business read our article called [Buying / Selling an Arizona Business FAQs & Checklist](https://www.keytlaw.com/buying-a-business-in-arizona/). To get started, complete our [Business Purchase / Sale Questionnaire](https://www.keytlaw.com/bizq). To hire us or ask a question, call Richard Keyt at [480-664-7478](tel:+14806647478) or Richard C. Keyt at [480-664-7472](tel:+14806647472), or email . ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Buying or Selling an Arizona Business: FAQs & Checklist](https://www.keytlaw.com/buying-a-business-in-arizona/) **Published:** July 23, 2026 **Author:** Richard Keyt **Content:** # Buying or Selling an Arizona Business: FAQs & Checklist By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). Most Arizona businesses are bought one of two ways: an asset purchase, where the buyer acquires the assets and is liable only for the liabilities it expressly assumes, or an entity purchase, where the buyer acquires the company and inherits every liability it has, known and unknown. Buyers generally want an asset purchase; sellers generally want an entity sale. This article answers 30 questions on that choice, due diligence, successor liability for the seller’s unpaid Arizona transaction privilege and unemployment taxes, required documents, escrows, earnest money and seller financing, from Arizona business attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt). Updated July 24, 2026, by business attorney [Richard Keyt](https://www.keytlaw.com/richard-keyt) ## Business Purchase & Sale FAQs Buying an Arizona business is usually the largest check a buyer will ever write, and the legal structure of the deal determines whether that check buys a clean business or somebody else's problems. This article answers 30 questions Arizona buyers ask about entity purchases versus asset purchases, due diligence, successor liability for the seller's unpaid Arizona transaction privilege taxes and unemployment taxes, the documents a properly papered deal requires, escrows, earnest money, seller financing and the mistakes that cost buyers the most money. It is written by Arizona business attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) and his son, attorney and former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt). Richard, the father, has prepared purchase and sale documents for Arizona business transactions since 1979. In theory, buying a business is simple. The buyer signs a contract, pays the money, takes possession and starts running the business. In practice, the buyer who skips due diligence or signs whatever paperwork the broker hands over frequently discovers after closing that the equipment is leased rather than owned, the landlord will not consent to the assignment of the lease, the seller opened a competing shop two miles away, the state is looking to the buyer for the seller's unpaid sales tax, or the "$40,000 a month in revenue" existed only in a spreadsheet the seller created for prospective buyers. When you spend real money to buy a business, your purchase documents should give your investment the legal protection it deserves. Here is what Arizona buyers need to know. ## Questions Answered in This Article 1. [What Are the Two Common Methods of Buying a Business?](#q1) 2. [What Is an Entity Purchase?](#q2) 3. [What Is an Asset Purchase?](#q3) 4. [Should I Buy the Entity or the Assets?](#q4) 5. [Is There a Tax Benefit to an Asset Purchase?](#q5) 6. [What Is IRS Form 8594 and Why Does It Matter?](#q6) 7. [Which Method Do Sellers Usually Prefer?](#q7) 8. [How Do the Parties Decide Which Method to Use?](#q8) 9. [How Can the Buyer Minimize Post-Closing Problems?](#q9) 10. [What Is Adequate Due Diligence?](#q10) 11. [Am I Liable for the Seller's Unpaid Arizona Sales Tax?](#q11) 12. [Will I Inherit the Seller's Arizona Unemployment Insurance Account?](#q12) 13. [What Happens to the Seller's Employees?](#q13) 14. [Do the Seller's Licenses and Permits Transfer to Me?](#q14) 15. [What About Real Estate Due Diligence?](#q15) 16. [What About the Website, Phone Number, Social Media and Online Reviews?](#q16) 17. [Can a Buyer Cancel a Purchase if There Is a Problem?](#q17) 18. [Can a Buyer Close if Problems Are Not Resolved?](#q18) 19. [What Legal Documents Are Used in a Business Purchase?](#q19) 20. [Can You Explain the Common Purchase Documents?](#q20) 21. [Can an Arizona Business Broker Prepare the Contracts?](#q21) 22. [Is Earnest Money Required to Have a Binding Contract?](#q22) 23. [What Is an Escrow?](#q23) 24. [Is an Escrow Necessary?](#q24) 25. [What if the Seller Is Financing Part of the Purchase Price?](#q25) 26. [How Long Does an Arizona Business Purchase Take?](#q26) 27. [What Are the Biggest Mistakes Arizona Business Buyers Make?](#q27) 28. [Additional Legal Issues Every Arizona Buyer Should Address](#q28) 29. [KEYTLaw's Business Purchase & Sale Document Preparation Service](#q29) 30. [How to Hire KEYTLaw to Prepare Your Documents](#q30) ## 1. What Are the Two Common Methods of Buying a Business? Almost every purchase and sale of a business is structured as either a purchase of the company that owns the business (an "entity purchase") or a purchase of the assets used in the business (an "asset purchase"). Everything else about the transaction — price, financing, employees, leases, taxes and risk — flows from that single structural choice, which is why it should be the first thing the buyer and the buyer's attorney discuss. ## 2. What Is an Entity Purchase? An entity purchase occurs when the buyer purchases the ownership interests of the people or entities that own the company that owns the business. Most businesses today are owned and operated by a corporation, a limited liability company or a partnership. An entity purchase occurs if the buyer buys all of: (i) the stock of a corporation, (ii) the membership interests of a limited liability company, or (iii) the partnership interests of a partnership. When an entity purchase closes, the buyer steps into the shoes of the prior owners of the entity that owns and operates the business. The public may never know there is a new owner. Title to all of the assets of the business stays in the name of the entity, no assets are transferred, and every contract, lease, license, debt and lawsuit of the entity remains exactly where it was — inside the entity the buyer now owns. ## 3. What Is an Asset Purchase? An asset purchase occurs when the buyer purchases all or some of the assets used in a business. The buyer does not acquire any ownership interest in the company that owns the business. The owners of the selling company remain the same, and the selling company continues to exist after closing, typically holding the sale proceeds and whatever liabilities the buyer did not agree to assume. In an asset purchase, the buyer normally takes title to the assets in the name of a newly formed limited liability company so the buyer does not own the business personally and does not inherit the seller's entity. ## 4. Should I Buy the Entity or the Assets? Most businesses are purchased using the asset purchase method. The primary reason prudent buyers insist on an asset purchase is that they do not want to acquire liabilities they never agreed to assume. The general rule for an asset purchase is that the buyer is liable only for the liabilities of the seller that the buyer specifically assumes in the purchase agreement. A buyer who buys all of the stock or membership interests of an entity that owns a business indirectly bears the burden of all liabilities of that entity, known and unknown. The entity is not affected by the sale of its owners' interests, which means the company remains liable for all of its contracts, employee claims, lease obligations, tax obligations, tort liabilities such as negligence and product liability claims, and every other obligation it has — including the ones nobody disclosed and the ones nobody has discovered yet. When you buy assets, negotiate with the seller over exactly which liabilities of the company, if any, you will assume and pay after closing. A well-drafted asset purchase agreement expressly lists the liabilities the buyer is assuming and expressly states that the buyer is not liable for any liability of the seller that is not listed. **Caution**: An asset purchase is not a magic shield. Arizona and federal law impose successor liability on asset buyers in several situations, including unpaid transaction privilege taxes (see question 11), unpaid unemployment contributions (see question 12), certain environmental obligations, and de facto merger or "mere continuation" claims where the buyer is essentially the old business with a new name. Buying assets reduces risk. It does not eliminate it. ## 5. Is There a Tax Benefit to an Asset Purchase? Usually, yes. An asset purchase generally gives the buyer a stepped-up tax basis in the purchased assets equal to what the buyer paid, which can produce substantially larger depreciation and amortization deductions after closing. When you buy an entity, the tax basis of the entity's assets is generally unaffected, and the buyer inherits assets that may already be fully or partially depreciated with little or no remaining write-off. In general, the buyer and the seller may allocate the purchase price among the purchased assets, and an allocation negotiated between unrelated parties will ordinarily be respected by the IRS. Because different asset classes are written off over very different periods — equipment over a few years, goodwill over fifteen years, land not at all — the allocation is worth real money and should be negotiated in the purchase agreement rather than argued about after closing. ## 6. What Is IRS Form 8594 and Why Does It Matter? When a business is sold in an asset sale, both the buyer and the seller must each file IRS Form 8594, Asset Acquisition Statement, with the tax return for the year of the sale. Form 8594 reports how the purchase price was allocated among seven classes of assets. See [About IRS Form 8594](https://www.irs.gov/forms-pubs/about-form-8594). Here is the trap: the buyer and the seller each file their own form, and if the two forms do not match, both parties have painted a target on their tax returns. The buyer wants more of the price allocated to fast write-off assets such as equipment; the seller wants more allocated to assets that produce capital gain. Settle the allocation in the purchase agreement, attach it as an exhibit, and require both parties to report consistently with it. This single provision prevents an expensive fight nine months after everyone has shaken hands and moved on. ## 7. Which Method Do Sellers Usually Prefer? Sellers usually prefer to sell their ownership interest in the entity rather than the entity's assets because they can generally report the entire gain as capital gain. In an asset sale, the tax basis of the assets sold may have been fully or partially depreciated and subject to depreciation recapture, which forces the seller to report large amounts of ordinary income taxed at higher rates. If the seller is a C corporation, the shareholders may suffer double taxation in an asset sale: the corporation reports and pays tax on the gain, then distributes the after-tax proceeds to the shareholders, who report the distribution and pay a second tax on the same money. ## 8. How Do the Parties Decide Which Method to Use? The interests of buyer and seller on this issue are exactly opposite. Sellers generally want an entity purchase. Buyers generally want an asset purchase. The structure is negotiable, it is agreed on by the parties, and it is usually settled before the purchase agreement is drafted because it changes almost every other provision in the deal. When a seller insists on an entity sale, one common compromise is a purchase price adjustment: the buyer accepts the entity structure in exchange for a lower price, a larger holdback in escrow, a longer survival period for the seller's representations and warranties, and personal indemnity from the owners. The buyer is taking on more risk, so the buyer should be paid for it. ## 9. How Can the Buyer Minimize Post-Closing Problems? The three most important things a buyer can do to minimize post-closing problems are: (i) perform adequate due diligence before becoming legally obligated to purchase, (ii) document the transaction with properly drafted legal documents, and (iii) obtain personal guaranties of the selling entity's obligations under the purchase agreement, unless you are certain the selling entity will still have enough assets to satisfy any breach of the purchase agreement long after it has distributed the sale proceeds to its owners. That third item is the one buyers skip and later regret. A representation and warranty from an LLC that will be an empty shell thirty days after closing is not protection. It is a sentence in a document. ## 10. What Is Adequate Due Diligence? Adequate due diligence depends on the facts and circumstances of each purchase. Buyers should consult their advisors, including their accountant and attorney, to determine what constitutes adequate due diligence for their transaction. There is no substitute for pre-closing due diligence. A prospective buyer must investigate every important aspect of the business, because what the buyer does not know will come back to haunt the buyer after closing, when the buyer has no leverage left. At a minimum, due diligence should include the following. ### A. Confirm that every entity involved exists and is in good standing. It is very common for people to operate a business under a name that differs from the actual legal name of the entity, or to keep operating as an entity after the state has administratively dissolved it. Confirm the exact legal name of every entity involved and make sure every document uses the correct name. Demand a certificate from the appropriate governmental authority showing the entity exists and is in good standing in its state of formation. To confirm whether an Arizona corporation or limited liability company exists and is in good standing, order a Certificate of Good Standing from the Arizona Corporation Commission. You can run a free preliminary search on the [ACC's entity search page](https://ecorp.azcc.gov/EntitySearch/Index). If the entity was formed outside Arizona, obtain a Certificate of Good Standing or its equivalent from the state of formation. If an out-of-state entity is registered to do business in Arizona, you can also obtain a Certificate of Good Standing from the ACC. ### B. Obtain written evidence that the person signing for the seller has authority to sign. Whenever you deal with an entity, remember that the entity may escape liability if it can prove the person who signed the agreement lacked authority to bind it. The buyer's obligations should be contingent on receiving written evidence that the signer was authorized and that the entity's governing authority approved the transaction. Proper written evidence of authority consists of: (i) for a corporation: resolutions adopted by the board of directors, signed by all directors or certified by an appropriate corporate officer, that approve the transaction and authorize a named officer to sign for the corporation; and (ii) for a limited liability company: a copy of the company's operating agreement showing either that the signer can bind the company without member approval or, if member approval is required, resolutions adopted by the members approving the transaction and authorizing the manager or member to sign. ### C. Perform judgment, lien and bankruptcy searches on the sellers and all entities involved. Under Arizona law, a purchaser of an asset that is subject to outstanding judgments and liens takes the asset subject to those judgments and liens. Most buyers understand that if you buy land encumbered by a deed of trust, you take the land subject to the lien and must satisfy it or risk losing the land. The same principle applies to tangible and intangible assets. If I buy all of the inventory of ABC, Inc., and that inventory is subject to a security interest held by XYZ Incorporated, I must satisfy the lien or XYZ may seize the inventory I just paid for and sell it to pay ABC's debt. At a minimum, check for judgments, liens and bankruptcies with each of the following: (i) **Judgments**: Check the superior court in the county where the party resides and in every county where the party does business for lawsuits involving the party. Investigate each case to determine whether a judgment was entered. Copy and carefully review anything you find. See the [Maricopa County Superior Court online case history](https://www.superiorcourt.maricopa.gov/docket/index.asp). (ii) **Recorded judgments and liens**: Check the documents recorded with the County Recorder in the county where the party resides and in every county where the party does business. See the [Maricopa County Recorder document search](https://recorder.maricopa.gov/recdocdata/). (iii) **Liens on personal property, tangible and intangible**: Check the Uniform Commercial Code financing statements on file with the Arizona Secretary of State. Arizona law allows creditors to protect their lien claims by filing a UCC-1 financing statement that gives notice to the world of the lien. See the [Arizona Secretary of State UCC lien search](https://apps.azsos.gov/apps/ucc/search/). (iv) **Bankruptcies**: Check the [U.S. Bankruptcy Court for the District of Arizona through PACER](https://pacer.login.uscourts.gov/csologin/login.jsf) to determine whether any party is currently in bankruptcy or has filed in the past. If a party is in bankruptcy, consult an Arizona bankruptcy attorney immediately about what you must do to protect your position. If a party resides outside Arizona, perform the same investigations in the state and county where that party resides. ### D. Verify every representation the seller makes. **Example**: If the seller states that its use of the leased premises complies with zoning law, confirm with the city, county or other governmental agency that the zoning permits your intended use. If the seller represents that the business generated a certain gross revenue in each of the last three years, demand copies of the seller's federal income tax returns and financial statements for those years. Tax returns are excellent evidence of the historical income and expenses of a business. **Caution**: Beware the seller who tells you the numbers on the filed tax returns are wrong because income was underreported and deductions were overstated. That seller is confessing tax fraud. If the seller will lie to the IRS and risk criminal prosecution to pay less tax, what are the odds the seller is telling you the truth about the business you are about to buy? ### E. Obtain and approve copies of every material contract. The purchase agreement should state that true and complete copies of all contracts to be assumed by the buyer (in an asset purchase), or for which the purchased entity will remain liable after closing (in an entity purchase), are attached as exhibits. Review every contract and confirm you are willing to perform every obligation in it. If the buyer is assuming the World Wide Widget supply contract, the buyer must read it, because the buyer will have to live with it after closing. ### F. Obtain and approve every real estate lease. If the buyer will assume a lease, obtain the lease and every amendment and confirm that all provisions are acceptable, because the buyer will be legally obligated to satisfy every term and condition of the lease as modified. Pay particular attention to the remaining term, renewal options, rent escalations, common area maintenance charges, personal guaranty requirements, and restoration obligations at the end of the term. ### G. Obtain the landlord's consent. Most commercial leases give the landlord the right to declare a default if the tenant transfers any interest in the lease without the landlord's consent. A buyer who closes without the landlord's consent risks eviction, or at best a substantial rent increase as the price of consent. When a landlord has approval rights, an assignment of the lease obviously requires consent — but so does an entity purchase if the lease provides that a change in ownership of the tenant is deemed a transfer. Read the lease. Then get the consent in writing before closing. ### H. Verify the condition of every material asset being purchased. This one is a no-brainer. If you are buying a car, you have a mechanic inspect it. The same concept applies whether you are buying an office building, a franchise, a restaurant or a widget manufacturer. Have knowledgeable people inspect the assets you are buying, and confirm the seller actually owns them rather than leases them. ### I. Inventory the inventory. If you are buying inventory, and especially if part of the purchase price depends on inventory on hand at closing, inspect the inventory before closing and take an actual physical count as of the closing date to verify the number of units and their condition. Obsolete inventory sitting in a back room is not worth what the seller's spreadsheet says it is worth. ### J. Confirm the tax situation. Obtain the seller's federal and Arizona tax returns, transaction privilege tax filings, payroll tax filings and property tax statements. Unpaid taxes are the liabilities most likely to follow the buyer despite an asset purchase structure. See questions 11 and 12. ### K. Interview the people who know the truth. With the seller's permission, talk to key employees, major customers and major suppliers. Ask whether the relationships are with the business or with the departing owner personally. A business whose revenue walks out the door with the seller is not worth what a business with durable customer relationships is worth. ### L. Confirm insurance and claims history. Obtain loss runs from the seller's insurance carriers for the last five years. A clean set of loss runs tells you one story about how the business has been operated. A stack of claims tells you a very different one. This list is not exhaustive. It is the minimum. Every business purchase has its own due diligence requirements that may go well beyond the items above. ## 11. Am I Liable for the Seller's Unpaid Arizona Sales Tax? You can be, and this is one of the most commonly overlooked risks in an Arizona business purchase. Under [A.R.S. § 42-1110](https://www.azleg.gov/ars/42/01110.htm), a purchaser of a business or stock of goods must withhold from the purchase money an amount sufficient to cover the transaction privilege taxes, interest and penalties owed by the seller until the seller produces either a receipt from the Arizona Department of Revenue showing the taxes have been paid, or a certificate stating that no amount is due. A buyer who fails to withhold is personally liable for the former owner's unpaid taxes, interest and penalties. The protection is straightforward and it is free. Require the seller, as an express condition to closing, to submit a Tax Clearance Application to the Arizona Department of Revenue and deliver a Letter of Good Standing to the buyer at or before closing. The Department must respond to the seller's request within fifteen days. If a later audit turns up a deficiency that arose before the sale, that deficiency is the seller's problem, not the buyer's — provided the buyer obtained the certificate. **Practice tip**: Build both belt and suspenders into the purchase agreement. Make delivery of the Letter of Good Standing a condition to closing, and hold back a portion of the purchase price in escrow until the letter is delivered. Sellers who are current on their taxes will not object. Sellers who object have just told you something important. ## 12. Will I Inherit the Seller's Arizona Unemployment Insurance Account? If you acquire an entire Arizona business, or substantially all of its assets, and continue operating it, yes. Under [A.R.S. § 23-733](https://www.azleg.gov/ars/23/00733.htm), the predecessor employer's experience rating account transfers to the successor employer as of the date of acquisition for purposes of determining the unemployment tax rate. The experience rating account includes the record of wages and taxes previously paid, and unemployment benefits awarded based on wages the former owner paid may be charged against the buyer's account. The successor is also liable for the predecessor's unpaid contributions, interest and penalties, and that liability becomes a lien against the acquired assets. There is a valuable protection built into the statute that most buyers never use. On written request, the Arizona Department of Economic Security must furnish the successor with a written statement of the amount of contributions, interest and penalties due and unpaid by the predecessor as of the date of acquisition, and the successor's liability cannot exceed the amount disclosed in that statement. Send the request. Get the statement. Cap your exposure. A buyer who acquires only a distinct and severable portion of a business is not automatically assigned the predecessor's rate and experience rating account. To apply for a transfer of that portion of the account and its corresponding tax rate, the buyer must file an [Application & Agreement for Severable Portion Experience Rating Transfer](https://des.az.gov/file/3483/download) (Form UC-247) with DES within 180 days after the acquisition. The former owner must agree and provide payroll information for the portions acquired and retained. **Caution**: If the seller's experience rating is poor, the buyer inherits a higher unemployment tax rate that can cost thousands of dollars a year. The purchase agreement should contain a mechanism to compensate the buyer for additional expense arising from the transferred account, and the buyer's accountant should quantify the cost before the buyer signs. ## 13. What Happens to the Seller's Employees? In an entity purchase, nothing changes. The employees keep working for the same employer, because the employer is the entity the buyer just bought, and every accrued obligation to those employees — unpaid wages, accrued paid time off, commission obligations, employment agreements, employment claims — stays inside the entity. In an asset purchase, the seller's employment relationships do not automatically transfer. The seller terminates its employees and the buyer hires the ones it wants as new employees of the buyer's entity. That means the buyer must: - Decide which employees to hire and on what terms, and make the buyer's obligation to close contingent on key employees agreeing to stay. - Complete a new Form I-9 for each new hire and set up new payroll, withholding and workers' compensation coverage. - Determine whether the buyer will honor accrued vacation or paid time off, and if so, obtain a purchase price credit from the seller for that liability. - Confirm the seller pays all final wages when due under Arizona law and confirm the seller — not the buyer — is responsible for all pre-closing wage, overtime and benefit claims. - Review existing employment agreements, noncompete agreements and confidentiality agreements. A noncompete between the seller and a key employee usually does not automatically run to the buyer unless it is assignable and actually assigned. Do not overlook the departing owner. If the business depends on the owner's relationships, technical knowledge or license, the buyer should require a consulting or employment agreement obligating the owner to stay through a transition period, and should make signing that agreement a condition to closing. ## 14. Do the Seller's Licenses and Permits Transfer to Me? Usually not, and buyers who assume otherwise sometimes cannot legally open the doors on the Monday after closing. As a general matter: - **Arizona transaction privilege tax license**: Does not transfer. The buyer must obtain its own TPT license from the Arizona Department of Revenue if the business engages in a taxable activity, and may also need city licenses. - **Contractor's license**: An Arizona Registrar of Contractors license belongs to the licensee. A buyer generally must qualify for and obtain its own license, which requires a qualifying party with the required experience and, frequently, a bond and an examination. - **Liquor license**: A transfer of an Arizona liquor license requires approval from the Arizona Department of Liquor Licenses and Control and typically the local governing body. This takes time. Make it a condition to closing. - **Professional licenses**: Licenses issued to individual professionals do not transfer with a business at all. - **Health, fire, sign, occupancy and specialty permits**: Many must be reissued in the buyer's name and may trigger a fresh inspection, which sometimes reveals code violations the buyer will have to cure. - **Franchise agreements**: A franchisor almost always has approval rights over a transfer, imposes a transfer fee, and may require the buyer to sign the franchisor's current agreement rather than assume the seller's older, more favorable one. Identify every license and permit the business needs during due diligence, determine how long each takes to obtain or transfer, and make the buyer's obligation to close contingent on obtaining them. ## 15. What About Real Estate Due Diligence? Buyers who acquire or lease real estate in connection with a business purchase, or who buy an entity that owns or leases real estate, have additional due diligence obligations that are real estate specific and largely outside the scope of this article. Real estate due diligence includes, but is not limited to: (i) obtaining an environmental assessment showing the land is free of environmental problems, (ii) reviewing and approving the state of title and the liens, encumbrances and other matters affecting title, (iii) obtaining and approving a survey, (iv) verifying that zoning and the recorded conditions, covenants and restrictions permit the buyer's intended use, and (v) obtaining acceptable tenant estoppel certificates from every tenant occupying the land. Environmental exposure deserves special mention. Federal environmental liability can attach to a current owner of contaminated property regardless of who caused the contamination, and it is not eliminated by structuring the deal as an asset purchase. If the business ever involved fuel, solvents, dry cleaning chemicals, paint, plating or vehicle maintenance, get a Phase I environmental site assessment. ## 16. What About the Website, Phone Number, Social Media and Online Reviews? For many businesses the most valuable asset is not the equipment. It is the phone number customers have called for twenty years, the domain name, the Google Business Profile with 400 five-star reviews, and the social media accounts. These assets are easy to overlook in a purchase agreement and painful to lose. The purchase agreement should expressly identify and require transfer of: - The domain name or names, with the seller obligated to complete the registrar transfer at closing, plus website files, hosting accounts and the content management system login. - Business telephone and fax numbers, and any obligation of the seller to cooperate with the carrier to port them. - The Google Business Profile, together with the seller's obligation to transfer primary ownership rather than simply add the buyer as a manager. - Social media accounts on every platform, including passwords and the email addresses the accounts are tied to. - Customer lists, customer databases, CRM data and email marketing lists. - Trademarks, service marks, logos, trade names, trade dress and any registrations or applications, transferred by a written assignment. - Trade secrets, formulas, recipes, processes and proprietary software, protected by confidentiality obligations that survive closing. - Business email accounts and, if applicable, the seller's business listings on review and marketplace platforms. Also require the seller to change or surrender any Arizona trade name registrations so the seller cannot continue to use the business name after closing, and confirm during due diligence that the seller actually owns the intellectual property. It is remarkably common to learn that the logo belongs to a freelance designer who was never asked to assign it and the website belongs to a marketing agency that will not release it until an unpaid invoice is satisfied. ## 17. Can a Buyer Cancel a Purchase if There Is a Problem? The short answer is yes, no, or maybe. It depends entirely on the language of the purchase agreement. If the agreement contains no review period and no language giving the buyer a right to cancel when a problem surfaces, the buyer may be legally bound to close and pay. A buyer who discovers a problem before closing and does not clearly have a right to cancel should consult a business attorney immediately. I once had a client who signed a one-sentence contract that said "I will buy your widget for $50,000." She later decided she did not want the widget. She could not unilaterally terminate the contract, because it contained no conditions and no outs. The result would have been very different if the contract had said "I will buy your widget for $50,000 if I obtain financing satisfactory to me in my sole discretion within ten days of this agreement," and she had applied for financing and not obtained it. In that case the condition precedent to her obligation to buy would not have been satisfied and she could have walked away. A prudent buyer signs a purchase agreement that gives the buyer a free look period to investigate and perform due diligence, during which the buyer may cancel for any reason or no reason and receive a full refund of the earnest money. That is the best kind of provision, because the buyer never has to justify the decision. A prudent buyer also builds express conditions into the agreement, so the buyer can cancel and get the earnest money back if specified events do not occur. If the buyer is assuming a lease, the agreement should state that the buyer's obligation to close is contingent on obtaining the landlord's unconditional consent to the assignment. If the buyer needs financing, a liquor license, a Letter of Good Standing from the Department of Revenue, or a key employee's signature on an employment agreement, each of those should be an express condition to closing. Before signing, make sure the purchase agreement gives you an adequate due diligence period, express conditions to closing, and the right to cancel and recover all earnest money if problems are found or conditions are not satisfied. ## 18. Can a Buyer Close if Problems Are Not Resolved? A party is always free to waive unsatisfied conditions and unresolved problems and close. The real question is whether doing so is prudent. If the buyer finds a material problem before closing and has the right not to close, the buyer normally should refuse to close until the problem is resolved to the buyer's satisfaction. The buyer's leverage is at its absolute maximum before the seller gets paid, and it drops to nearly zero the moment the money changes hands. If a buyer decides to close despite unresolved problems, the buyer should modify the purchase documents to reduce post-closing exposure. For example, if a condition to closing is that an asset be free of a $5,000 lien owed to ABC Creditor, Inc., and the lien is still of record at closing, the buyer can be protected by holding $5,000 of the closing proceeds in escrow until the lien is released, with the escrowed funds paid to the creditor if the lien is not released by a specified date. ## 19. What Legal Documents Are Used in a Business Purchase? Arizona business purchases typically involve the following documents: - Purchase Agreement - Escrow Agreement - Bill of Sale - Assignment and Assumption Agreement - Amendment to Articles of Organization or Articles of Incorporation - Covenant Not to Compete - Consulting or Employment Agreement - Consent of Landlord to Assignment of Lease - Landlord Estoppel Certificate - Assignment of Lease - Resolutions Authorizing the Transaction - Assignment of Intellectual Property - Promissory Note - Security Agreement - UCC-1 Financing Statement - Deed and Deed of Trust - Personal Guaranty The primary document evidencing an agreement to buy or sell a business, whether an entity purchase or an asset purchase, is the purchase contract. It may be titled Asset Purchase Agreement, Purchase Agreement, Purchase & Sale Agreement, Stock Purchase Agreement, Membership Interest Purchase Agreement or something similar. It is the most important document in the transaction because it contains all of the deal points and every term and condition applicable to the sale. When we prepare documents for a business purchase, we attach every ancillary document as an exhibit to the purchase agreement so that when the parties sign the purchase agreement they have already agreed on the exact form and content of every other document. This practice eliminates a whole category of disputes that otherwise erupt three days before closing. The list above is typical but not exhaustive. Every transaction has its own documentation needs. ## 20. Can You Explain the Common Purchase Documents? **Purchase Agreement**: The most important document. It sets the purchase price and all other terms and conditions, and it contains the seller's representations and warranties about every important aspect of the business. It should also state how long those representations survive closing and what remedies the buyer has if they turn out to be false. **Escrow Agreement**: If an escrow is used, the buyer, seller and an independent escrow agent should sign an escrow agreement. The escrow lets a neutral party hold what each side deposits until closing and then deliver each item to the right party. The escrow agent holds the buyer's money until every closing condition is satisfied, then delivers the money to the seller and the Bill of Sale and other transfer documents to the buyer. **Bill of Sale**: Signed by the seller and delivered at closing. It evidences the seller's assignment and transfer to the buyer of the assets listed in it. **Assignment and Assumption Agreement**: Transfers the seller's rights under specified contracts to the buyer and documents exactly which obligations the buyer is assuming. In an asset purchase, this document and the Bill of Sale together define the line between what the buyer took and what the seller kept. **Deed**: If the purchase includes real property, title is transferred by a deed signed by the owner of the land, notarized, and recorded with the County Recorder of the county where the land is located. **Promissory Note**: If the entire purchase price is not paid at closing, the unpaid balance should be evidenced by a promissory note signed by the buyer setting forth the terms of future payments. **Security Agreement and Deed of Trust**: An unpaid balance evidenced by a promissory note may or may not be secured by a lien on property. A prudent seller who is not paid in full will insist on a lien on property of the buyer and of any guarantors. Whether property is encumbered is entirely a matter of negotiation. Security agreements create liens on personal property. Deeds of trust, and mortgages, which are used infrequently in Arizona, create liens on real property. **UCC-1 Financing Statement**: Used only when the transaction involves a lien on personal property. A seller who takes back a promissory note secured by personal property located in Arizona should always file a UCC-1 financing statement with the Arizona Secretary of State to perfect the lien and give notice to the world. If the debtor is an individual who resides outside Arizona or an entity formed outside Arizona, the seller should also file where the debtor resides or was formed. **Guaranty**: When the buyer is an entity, a prudent seller who is not paid in full at closing, or who is concerned about post-closing covenants, should obtain a guaranty from the owners of the buyer. **Caution**: Under Arizona law, if only one spouse signs a guaranty, the creditor can satisfy a judgment on that guaranty only from the separate property of the signing spouse and cannot reach the couple's community property. Because most married Arizonans hold nearly everything as community property, a one-spouse guaranty is often worth very little. Whenever a creditor seeks a guaranty from a married person, the creditor should obtain both spouses' signatures. **Assignment of Lease**: Used when the buyer acquires the seller's interest as tenant under a lease. It assigns the seller's rights in the lease to the buyer. **Consent of Landlord to Assignment of Lease**: If a lease is being assigned, or if the buyer will occupy premises subject to a lease and the landlord has approval rights, the buyer must obtain the landlord's signature on this document before closing. **Covenant Not to Compete**: A prudent buyer obtains a written agreement from the seller, and from the key owners of an entity seller, that they will not compete with the business being purchased. Without one, the seller and its owners and affiliates are generally free to open a competing business across the street. A buyer may also allocate part of the purchase price to the covenant and amortize it in accordance with IRS rules. **Caution**: Arizona courts will not enforce a covenant not to compete that is unreasonably broad in duration, geographic scope or scope of restricted activity, and Arizona courts will generally not rewrite an overbroad covenant to make it enforceable. A covenant not to compete intended to be enforceable in Arizona should be drafted by an Arizona attorney who knows the case law. An unenforceable noncompete is worse than none, because the buyer paid for protection it does not have. **Consulting or Employment Agreement**: Use a consulting agreement for independent contractors, or an employment agreement for employees, when the buyer wants to obligate key personnel affiliated with the seller to help the buyer during a transition period after closing. ## 21. Can an Arizona Business Broker Prepare the Contracts? If an Arizona business broker is involved, the broker may offer to prepare the purchase agreement and related documents. Set aside the question of whether a broker who drafts contracts is practicing law without a license, and ask a more practical question: who does the broker represent? If the broker represents the seller, the broker's documents may well favor the seller. Even a broker who prepares genuinely neutral documents may not protect the buyer adequately. The broker's overriding objective is usually to get the deal closed so the commission gets paid. Many broker-prepared purchase agreements are deliberately drafted not to rock the boat or raise issues that might cause either party to hesitate — which is precisely the opposite of what a buyer needs from a purchase agreement. Of course, as Arizona business lawyers we are biased. But we recommend without exception that every buyer of an Arizona business consult an experienced business attorney before becoming legally obligated to purchase. The legal fees are almost always trivial compared to the purchase price. Unless the investment is nominal, buying a business is not the time to be penny wise and pound foolish and rely on a broker's form documents to protect the biggest check you may ever write. ## 22. Is Earnest Money Required to Have a Binding Contract? No. Contrary to popular belief, Arizona law does not require a buyer of an Arizona business to pay earnest money to create a legally binding agreement. Whether to pay earnest money, and how much, is entirely a matter of negotiation. The buyer should try to eliminate earnest money altogether or, failing that, negotiate the smallest amount possible, deposit it with an independent escrow agent rather than with the seller or the broker, and make it fully refundable during the due diligence period. ## 23. What Is an Escrow? An escrow is a device created by an agreement among three or more parties to accomplish specific purposes. Escrows are commonly used in business purchases to ensure that both the buyer and the seller satisfy all conditions to closing before the purchase actually closes. Escrows protect both sides. The parties to a business purchase escrow are the buyer, the seller and an escrow agent. The escrow agent should be an independent third party. Arizona law requires an escrow agent that is in the business of acting as an escrow agent to be licensed by the Arizona Department of Insurance and Financial Institutions. In a business purchase escrow, the following should occur: - The buyer deposits the purchase money with the escrow agent, signs all documents required of the buyer, and delivers those documents to the escrow agent. - The seller signs all documents required of the seller, such as the Bill of Sale and Assignment of Lease, and delivers them to the escrow agent. - The escrow agent holds the buyer's funds and both parties' documents until the transaction closes or dies. - If the transaction dies, the escrow agent returns the money and documents to the parties designated in the escrow agreement or the purchase documents. Absent an agreement to the contrary, if the transaction does not close and the buyer is not in default, all money deposited into escrow is returned to the buyer. - If one party defaults, the escrow agent's duties are governed by the escrow agreement and the purchase documents. - If the buyer and seller disagree about a proposed action by the escrow agent, a prudent escrow agent will refuse to act until both parties agree or a court authorizes the action. - If all closing conditions are satisfied, the escrow agent pays the purchase proceeds to the seller and delivers to each party the documents that party is entitled to receive. Escrow agreements should be in writing and signed by the buyer, the seller and the escrow agent. Commercial escrow companies charge a fee for their services, and the fee is ordinarily split between the parties. ## 24. Is an Escrow Necessary? An escrow is not legally required, but it is usually in the best interests of both parties to use one with a licensed, independent escrow agent. An escrow is also the natural place to park a holdback — money set aside at closing to cover unreleased liens, unpaid taxes, inventory adjustments or breaches of the seller's representations discovered after closing. A holdback is often the single most effective protection a buyer can negotiate, because it converts an unsecured claim against a seller who may disappear into cash the buyer already controls. ## 25. What if the Seller Is Financing Part of the Purchase Price? Seller financing is common in small business sales, and it cuts in the buyer's favor in one very important way: a seller willing to carry paper is a seller who believes the business will generate enough cash to pay the note. A seller who insists on all cash at closing may know something you do not. If the seller is financing part of the price, the buyer should address the following in the purchase documents: - **Right of offset**. The buyer should have the express right to offset against the note any damages the buyer suffers from the seller's breach of the purchase agreement. Without this, the buyer keeps making payments while suing the seller. - **Scope of the guaranty**. If the seller demands a personal guaranty from the buyer's owners, negotiate a cap, a burn-down as the note is paid, or a release once specified milestones are met. - **Collateral**. Understand exactly what the seller's lien covers and what happens to the collateral if the buyer defaults. - **Subordination**. If the buyer also has a bank loan or an SBA loan, the lender will typically require the seller's note to be subordinated. Confirm the seller will sign the subordination agreement before you sign the purchase agreement. - **Earn-outs**. If part of the price is contingent on post-closing performance, define the performance metric in mathematical detail, specify who calculates it, give the seller audit rights, and address what happens if the buyer changes how the business is operated. ## 26. How Long Does an Arizona Business Purchase Take? A straightforward small business asset purchase typically takes 45 to 90 days from signed letter of intent to closing. Larger or more complicated transactions take longer. The usual sequence is: - **Weeks 1 to 2**: Letter of intent or term sheet, confidentiality agreement, and engagement of the buyer's attorney and accountant. - **Weeks 2 to 6**: Purchase agreement negotiated and signed, earnest money deposited, due diligence period begins. - **Weeks 3 to 8**: Due diligence, lien and judgment searches, tax clearance request to the Department of Revenue, landlord consent, license and permit applications, financing approval. - **Weeks 8 to 12**: Conditions satisfied or waived, closing documents finalized, funds deposited into escrow, closing. The items that most often delay closing are landlord consent, liquor and contractor license approvals, SBA loan underwriting, and the tax clearance letter. Start all four the day the purchase agreement is signed. ## 27. What Are the Biggest Mistakes Arizona Business Buyers Make? After decades of preparing business purchase documents, we see the same expensive mistakes over and over: - **Signing first and calling a lawyer second**. Once you sign a binding purchase agreement without conditions, your attorney's job changes from protecting you to explaining what you agreed to. - **Buying the entity to save time**. An entity purchase is faster and simpler. It also hands the buyer every unknown liability the entity has ever incurred. - **Accepting revenue claims without tax returns**. Cash-basis "off the books" revenue that is not on a tax return is not revenue you can finance, verify or count on. - **Skipping the lien and judgment searches**. A UCC search costs almost nothing. Discovering a perfected security interest in your equipment after closing costs everything. - **Ignoring the landlord until closing week**. If the location matters, the lease matters more than almost anything else in the deal. - **Failing to obtain a tax clearance letter**. See question 11. This one is free and buyers still skip it. - **Taking a noncompete from the entity but not from the owner**. The individual who built the customer relationships is the one who can take them away. - **Not getting personal guaranties from the seller's owners**. An indemnity from an entity that will distribute all of the sale proceeds and dissolve is worth exactly nothing. - **No holdback**. Money in escrow is the only remedy that does not require a lawsuit. - **No transition plan**. The seller who has run the business for twenty years knows things that are not written down anywhere. Buy the seller's time along with the seller's business. ## 28. Additional Legal Issues Every Arizona Buyer Should Address Before signing a purchase agreement, remember that everything in it is negotiable. The purchase agreement should be weighted in favor of the buyer, because the buyer is the one paying the money and the buyer should get the full benefit of the bargain. Here is a partial list of additional issues a buyer should resolve in the agreement: - **Use the asset purchase method**. In general, buyers should use their best efforts to negotiate an asset purchase to reduce the risk of inheriting unknown obligations and to obtain a higher tax basis in the purchased assets. Discuss the choice with your advisors, because there are exceptions to the general rule. - **If you must do an entity purchase, get a tough agreement**. It should (i) list every obligation of the company the buyer is willing to let the company pay after closing, and (ii) obligate the seller to indemnify and hold the buyer harmless for every other obligation of the company paid or incurred after closing. - **Provide a method to resolve post-closing problems**. Anticipate what can go wrong and write the solution into the agreement. If you may need help from a key employee, condition closing on that person signing an acceptable contract. If you are worried about the seller's debts, hold part of the price in escrow after closing to pay them. - **Get personal guaranties**. If the seller is an entity, the entity may have no assets when a problem surfaces. A prudent buyer insists that the owners of the selling entity personally guarantee the seller's obligations. - **Negotiate survival periods and indemnity caps carefully**. Representations that expire ninety days after closing protect nobody. Tax and title representations should survive far longer than operational ones. - **Address dispute resolution**. Decide in advance whether disputes go to arbitration or court, where they will be heard, and whether the prevailing party recovers attorneys' fees. - **Form your buying entity before closing**. Buy the business in the name of a new Arizona LLC rather than in your own name, so the business's liabilities are not automatically your personal liabilities. This article is not intended to give legal advice. Every prospective purchase has its own facts and circumstances that may involve some or all of the issues raised here plus others not mentioned. We recommend that every buyer and every seller of a business be represented by an experienced business attorney licensed in the jurisdiction where the sale occurs. ## 29. KEYTLaw's Business Purchase & Sale Document Preparation Service If you are buying or selling an Arizona business or the assets of a business, hire Arizona business attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt), who has practiced business and contract law in Arizona since 1979, and his son, attorney and former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt), to prepare all of the legal documents needed to document the transaction. For a low guaranteed fixed fee, we will prepare the following documents, customized to favor the buyer if we represent the buyer, or the seller if we represent the seller: - Purchase Agreement - Escrow Agreement - Bill of Sale - Assignment and Assumption Agreement - Amendment to Articles of Organization - Covenant Not to Compete - Consulting or Employment Agreement - Consent of Landlord to Assignment of Lease - Landlord Estoppel Certificate - Assignment of Lease - Resolutions Authorizing the Transaction - Promissory Note - Security Agreement - UCC-1 Financing Statement - Deed of Trust - Personal Guaranty Every document is custom prepared for the specific transaction. We do not use fill-in-the-blank forms. The fixed fee includes unlimited consultations and telephone calls at no additional charge through delivery of the first draft of all documents. It also includes up to one additional hour at no charge after delivery for conferences, negotiations with the other side and changes to the documents. ## 30. How to Hire KEYTLaw to Prepare Your Documents Arizona LLC and business attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) and his son, attorney and former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt), have formed 10,000+ Arizona LLCs and have spent decades preparing the documents that protect people who buy and sell Arizona businesses. Rick and Ricky will answer your questions about buying or selling a business or its assets at no charge. Call Arizona business attorney [Richard Keyt](https://www.keytlaw.com/richard-keyt) at [480-664-7478](tel:+14806647478) or attorney and former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) at [480-664-7472](tel:+14806647472) and take the first step toward protecting your investment. You can also email [Richard Keyt](https://www.keytlaw.com/richard-keyt) at . To hire KEYTLaw to represent you and prepare your documents to buy or sell a business or its assets, complete and submit our online [Business Purchase / Sale Questionnaire](https://www.keytlaw.com/bizq). Our fixed fee is: - $2,497 if the purchase price is less than $1,000,000 - $4,997 if the purchase price is more than $999,999 and less than $2,000,000 - $6,997 if the purchase price is $2,000,000 or more and less than $4,000,000 - If the purchase price is $4,000,000 or more, call [Richard Keyt](https://www.keytlaw.com/richard-keyt) at [480-664-7478](tel:+14806647478) for a quote. If you need to form an Arizona LLC to acquire the business, see the fees and contents of our [3 LLC Formation Packages](https://www.keytlaw.com/contents). To hire us to form an LLC submit our online questionnaire at [keytlaw.com/llcq](https://www.keytlaw.com/llcq), call 480-664-7478 or email . [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Buying a Business in Arizona: Asset vs. Entity Purchase](https://www.keytlaw.com/asset-vs-entity-purchase/) **Published:** July 24, 2026 **Author:** Richard Keyt **Content:** # Buying a Business in Arizona: Asset vs. Entity Purchase By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). **Last updated July 24, 2026, by [Richard Keyt](https://www.keytlaw.com/richard-keyt), Arizona LLC attorney** Every Arizona business purchase is structured one of two ways. In an **asset purchase**, the buyer buys the assets used in the business and is liable only for the liabilities the buyer expressly agrees to assume. In an **entity purchase**, the buyer buys the stock, membership interests or partnership interests of the company that owns the business and inherits every liability that company has, disclosed and undisclosed. Buyers almost always prefer an asset purchase because it limits liability and produces a stepped-up tax basis. Sellers almost always prefer an entity purchase because it produces capital gain and leaves the seller’s problems behind. This article explains the pros and cons of each structure so you know what you are trading away before you sign. To learn more about buying or selling an Arizona business read our articled called [Buying / Selling an Arizona Business FAQs & Checklist](https://www.keytlaw.com/buying-a-business-in-arizona/). To hire us to prepare business purchase/sale documents submit our online [Business Purchase / Sale Questionnaire](https://www.keytlaw.com/bizq). ## Asset or Entity Purchase? ## The Two Structures in Plain English **Entity purchase**: You buy the company. Title to the assets never moves. The corporation, LLC or partnership continues to own the equipment, hold the leases, employ the workers, owe the debts and be the defendant in any lawsuit. The only thing that changes is who owns the company. The public may never know the business was sold. **Asset purchase**: You buy the things. The selling company keeps its existence, its owners and everything you did not buy, and it walks away with the sale proceeds. You take title to the purchased assets, normally in the name of a new Arizona LLC you formed for the purchase, and you assume only the liabilities listed in the purchase agreement. That single structural decision drives price, taxes, employees, leases, licenses, financing and risk. It should be the first thing you decide, not the last. ## Side-by-Side Comparison IssueAsset PurchaseEntity PurchaseUnknown liabilitiesBuyer assumes only what the agreement lists. Big advantage to buyer.Buyer inherits everything, including liabilities nobody has discovered yet.Buyer's tax basisStepped up to the price paid. Larger depreciation and amortization deductions.Unchanged. Buyer inherits assets that may be fully depreciated.Seller's tax resultDepreciation recapture produces ordinary income. A C corporation seller may be taxed twice.Usually all capital gain, taxed at lower rates.Contracts and leasesMust be assigned. Consent usually required.Stay in place, but change-of-control clauses may still require consent.Licenses and permitsGenerally do not transfer. Buyer applies for its own.Frequently stay with the entity, though many agencies require notice or re-approval.EmployeesSeller terminates. Buyer hires whom it wants as new employees.Nothing changes. Buyer inherits every accrued employment obligation.Closing complexityHigher. Bills of sale, assignments, consents, new accounts, new licenses.Lower. Transfer the ownership interests and update the records.Typical priceHigher, because the buyer is getting a cleaner deal and a better tax result.Lower, or should be, because the buyer is absorbing far more risk. ## Asset Purchase: The Pros ### 1. You choose which liabilities you accept. This is the reason prudent buyers insist on an asset purchase. The general rule is that an asset buyer is liable only for the liabilities it expressly assumes in the purchase agreement. A properly drafted agreement lists the assumed liabilities and states in plain language that the buyer is not liable for any other obligation of the seller, whether known or unknown, disclosed or undisclosed, accrued or contingent. The seller's disputed vendor invoice, the customer who slipped in the parking lot last year, the wrongful termination claim nobody mentioned, and the guaranty the owner signed on a piece of equipment stay with the seller. ### 2. You get a stepped-up tax basis. The buyer's tax basis in the purchased assets is generally what the buyer paid for them, allocated among the assets. That basis produces depreciation and amortization deductions going forward. Equipment is written off over a few years. Goodwill and covenants not to compete are amortized over fifteen years. In an entity purchase, none of that happens. You inherit whatever basis the entity had, which on a business with old, fully depreciated equipment can be close to nothing. On a seven-figure deal, the difference is real money every year for many years. ### 3. You can leave the junk behind. You are not required to buy everything. You can decline the aging delivery van, the obsolete inventory, the receivables the seller has been unable to collect and the equipment lease the seller signed at a terrible rate. In an entity purchase, everything the entity owns and owes comes with the entity. ### 4. You start with clean records and a clean entity. A new Arizona LLC formed to acquire the assets has no history: no prior tax filings, no old minute book, no defective prior transfers, no ambiguous membership records, no ex-partner who claims he was never bought out. In an entity purchase, you are buying somebody else's corporate housekeeping, and it is often worse than they said it was. ### 5. Financing is usually easier. Lenders, including SBA lenders, generally prefer asset purchases. The collateral is identifiable, the borrower is a clean entity, and the lender is not underwriting a company's undisclosed history. ## Asset Purchase: The Cons ### 1. It is not a complete shield. Arizona and federal law impose successor liability on asset buyers in several situations, including unpaid Arizona transaction privilege taxes under [A.R.S. § 42-1110](https://www.azleg.gov/ars/42/01110.htm), unpaid unemployment contributions under [A.R.S. § 23-733](https://www.azleg.gov/ars/23/00733.htm), certain environmental obligations, bulk transfers of inventory in some circumstances, and de facto merger or "mere continuation" claims where the buyer is really the old business under a new name. Buying assets reduces risk. It does not eliminate it. ### 2. Everything has to be transferred, and every transfer needs consent. The lease has to be assigned and the landlord has to consent. Vendor contracts, equipment leases, franchise agreements, software licenses, maintenance contracts and customer agreements have to be assigned, and many of them require the other side's approval. Each consent is a place the deal can stall or the counterparty can extract a concession. Titled assets need title transfers. Intellectual property needs written assignments. Domain names need registrar transfers. ### 3. Licenses and permits usually do not come along. An Arizona transaction privilege tax license does not transfer. A Registrar of Contractors license belongs to the licensee, and a buyer generally must qualify for its own, which may require a qualifying party with the necessary experience, a bond and an examination. A liquor license transfer requires approval from the Arizona Department of Liquor Licenses and Control and usually the local governing body. Professional licenses do not transfer at all. Health, fire, sign and occupancy permits may have to be reissued, and reissuance sometimes triggers an inspection that reveals code violations you now have to cure. ### 4. The employment relationships restart. The seller terminates its employees and you hire the ones you want as new employees of your entity. New Form I-9 for everyone, new payroll, new withholding accounts, new workers' compensation coverage. Key employees can decline to come. Any accrued vacation or paid time off you agree to honor should be paid for with a purchase price credit from the seller. ### 5. The seller will want more money, or will refuse. An asset sale costs the seller real tax dollars through depreciation recapture and, for a C corporation seller, potentially double taxation. Sellers know this. Expect the seller to demand a higher price for an asset structure, and expect some sellers to refuse outright. ### 6. It takes longer and costs more to close. More documents, more consents, more applications, more moving parts. A straightforward asset purchase typically takes 45 to 90 days. Landlord consent, liquor and contractor licensing, SBA underwriting and the Department of Revenue tax clearance letter are the four items that most often delay closing. ## Entity Purchase: The Pros ### 1. Continuity. The business does not skip a beat. Contracts, leases, permits, vendor accounts, customer accounts, bank accounts, insurance policies, phone numbers, merchant processing and payroll all stay exactly where they are because the legal owner never changed. For a business built on long-term contracts, hard-to-replace permits, a below-market lease, or a government or institutional customer base with a lengthy vendor approval process, continuity can be worth more than the liability protection you give up. ### 2. Fewer consents to chase. Because nothing is being assigned, many consent requirements are never triggered. Read the documents carefully, though. See the caution below. ### 3. Simpler, faster and cheaper closing. A stock or membership interest purchase agreement, an assignment of the interests, updated entity records and a resolution can close a deal that would otherwise take a stack of bills of sale, assignments and consents. ### 4. It is what the seller wants, which is leverage. Sellers prefer entity sales because the gain is generally capital gain. Offering the structure the seller wants is a legitimate negotiating chip. Use it to buy something valuable in return: a lower price, a bigger escrow holdback, longer survival of the representations, or personal indemnity from the owners. ### 5. The seller's favorable tax attributes may come along. In some transactions the entity holds attributes worth keeping, such as an established unemployment experience rating with a low tax rate, an operating history that supports financing, licenses that took years to obtain, or a name and brand with real equity. Have your CPA quantify this before you decide. ## Entity Purchase: The Cons ### 1. You inherit every liability, including the ones nobody knows about. This is the whole risk in one sentence. The entity remains liable for its contracts, leases, debts, guaranties, employee claims, tax obligations, product liability, negligence claims and every other obligation it has ever incurred. The sale of the owners' interests does not affect the entity's liabilities at all. The lawsuit filed eighteen months after closing over something the seller did three years before closing is now your lawsuit, and your money. ### 2. Due diligence must be far deeper, and it still will not find everything. In an asset purchase, diligence is largely about confirming the assets exist, work and are unencumbered. In an entity purchase, diligence has to reach the entity's entire history: tax filings and audits, payroll compliance, litigation and claims history, insurance loss runs, environmental history, employment practices, licensing compliance, ownership records, prior transfers of interests, guaranties, undisclosed side agreements and every contract ever signed. You will spend more on diligence and still be exposed to what nobody documented. ### 3. No basis step-up. You paid current market value and you get the entity's old, often heavily depreciated basis. Fewer deductions every year you own the business. ### 4. Change-of-control clauses can wipe out the continuity advantage. Many commercial leases, franchise agreements, bank loans, license agreements and key vendor contracts define a change in ownership of the entity as a transfer requiring consent. If they do, you get all of the consent work anyway, plus all of the liability. Read every material agreement before you conclude that the entity structure avoids consents. ### 5. Ownership defects become your problem. If a former member was never properly bought out, if an operating agreement restricts transfers, if a spouse has a community property interest that was never addressed, if shares were issued without proper authorization, or if a member is in bankruptcy or divorce, those problems now attach to what you bought. In an asset purchase, most of them stay with the seller. ### 6. Your remedy is a lawsuit against people who already have your money. In an entity purchase, your protection is contractual: representations, warranties and indemnities. That protection is worth exactly what the indemnitor is worth when the claim arises. An indemnity from an LLC that will distribute the sale proceeds and dissolve thirty days after closing is a sentence in a document, not a remedy. ## The Tax Difference, Stated Simply The buyer and the seller want opposite things because the same dollar is taxed differently depending on the structure. **Buyer's view**: An asset purchase gives a stepped-up basis and future deductions. The buyer wants more of the price allocated to assets that are written off quickly, such as equipment and consulting agreements, and less to goodwill, which is amortized over fifteen years. **Seller's view**: An entity sale generally produces capital gain across the board. An asset sale triggers depreciation recapture taxed as ordinary income on depreciated equipment, and if the seller is a C corporation, the corporation pays tax on the gain and the shareholders pay a second tax when the after-tax proceeds are distributed. **The allocation fight**: In an asset sale, the buyer and seller must each file [IRS Form 8594](https://www.irs.gov/forms-pubs/about-form-8594), Asset Acquisition Statement, reporting how the purchase price was allocated among seven asset classes. If the two forms do not match, both parties have invited scrutiny. Negotiate the allocation in the purchase agreement, attach it as an exhibit, and require both parties to report consistently with it. This one provision prevents an expensive argument nine months after closing. Ask your CPA to run both structures on your actual numbers before you negotiate. The tax difference is frequently large enough to fund the price concession that gets you the structure you want. ## When an Entity Purchase Actually Makes Sense The asset purchase is the default for good reason, but it is not automatic. An entity purchase deserves serious consideration when: - The business holds a license, permit, certification or government contract that is difficult, slow or impossible to obtain in a new entity. - The value is concentrated in long-term contracts that cannot be assigned, or that can be assigned only with a counterparty's consent you are unlikely to get. - A below-market lease with substantial remaining term is central to the value and the landlord will not consent to an assignment on acceptable terms. - The entity is young, has a short and fully documented history, and diligence can realistically cover all of it. - The seller's owners are financially substantial, will still be around, and will personally indemnify you with real assets standing behind the promise. - The seller will not sell any other way and the business is worth the risk at a price that reflects it. ## How to Protect Yourself If You Buy the Entity If you accept an entity structure, the purchase agreement has to do the work the structure will not do for you. - **Price the risk.** The entity structure saves the seller taxes and hands you risk. You should be paid for that in the purchase price. - **Get personal guaranties and indemnities from the individual owners.** An indemnity from the selling entity alone is usually worthless after the proceeds are distributed. If the owner is married, get both spouses' signatures, because under Arizona law a judgment on a guaranty signed by only one spouse generally cannot be collected from community property. - **Hold back a meaningful part of the price in escrow.** A holdback is the only remedy that does not require a lawsuit. Twelve to twenty-four months is common. Money you already control beats a claim against someone who has moved to another state. - **Negotiate survival periods that mean something.** Representations that expire ninety days after closing protect nobody. Tax, title, ownership and environmental representations should survive far longer than operational ones. - **List every liability you will let the company keep.** The agreement should identify each obligation the company may pay after closing, and obligate the sellers to indemnify you for every other obligation the company pays or incurs after closing. - **Run the searches.** Judgment searches in every county where the entity does business, recorded lien searches with the County Recorder, UCC searches with the Arizona Secretary of State, and bankruptcy searches through PACER. These cost almost nothing compared to what they find. - **Get a tax clearance letter and a DES statement.** See the section below. Both are free and both cap exposure. - **Get a covenant not to compete from the individual owners, not just the entity.** The person who built the customer relationships is the person who can take them away. Arizona courts will not enforce an unreasonably broad covenant and generally will not rewrite one, so have it drafted by an Arizona attorney. - **Buy the seller's time.** Condition closing on a consulting or employment agreement that keeps the owner available through a transition period. ## Two Arizona Traps That Follow the Buyer in Either Structure ### Unpaid transaction privilege taxes Under [A.R.S. § 42-1110](https://www.azleg.gov/ars/42/01110.htm), a purchaser of a business or stock of goods must withhold from the purchase money enough to cover the transaction privilege taxes, interest and penalties the seller owes, until the seller produces a receipt from the Arizona Department of Revenue showing the taxes are paid or a certificate showing nothing is due. A buyer who fails to withhold is personally liable for the former owner's unpaid taxes, interest and penalties. Make delivery of a Letter of Good Standing an express condition to closing and hold back part of the price until it arrives. The Department must respond to the seller's Tax Clearance Application within fifteen days. This protection is free, and buyers still skip it. ### Unemployment experience rating and unpaid contributions Under [A.R.S. § 23-733](https://www.azleg.gov/ars/23/00733.htm), a buyer who acquires an entire Arizona business, or substantially all of its assets, and continues operating it takes the predecessor's experience rating account, which determines the unemployment tax rate, and becomes liable for the predecessor's unpaid contributions, interest and penalties. That liability becomes a lien against the acquired assets. There is a protection most buyers never use: on written request, the Arizona Department of Economic Security must furnish a written statement of the amounts due and unpaid as of the acquisition date, and the successor's liability cannot exceed the amount disclosed. Send the request and cap your exposure. If the seller's experience rating is poor, the higher rate can cost thousands of dollars a year, so have your accountant quantify it and negotiate compensation in the purchase agreement. ## Frequently Asked Questions **Which structure is better for the buyer?** An asset purchase, in the large majority of transactions. It limits the buyer's liability to what the buyer expressly assumes and gives the buyer a stepped-up tax basis in the purchased assets. The exceptions involve businesses whose value depends on licenses, permits or contracts that cannot practically be moved to a new entity. **Which structure is better for the seller?** An entity sale, in most cases, because the gain is generally capital gain and the seller does not face depreciation recapture or, for a C corporation, double taxation. The seller also walks away from liabilities that would otherwise stay behind in an asset sale. **Can a deal be part asset purchase and part entity purchase?** Yes. Hybrid structures are used, particularly where a business operates through several entities and the buyer wants some of them but only the assets of others. Hybrids add complexity and cost and should be structured with your attorney and CPA working together. **If I buy the assets, can the seller's creditors still come after me?** Sometimes. Successor liability can attach for unpaid Arizona transaction privilege taxes, unpaid unemployment contributions, certain environmental obligations, and under de facto merger or mere continuation theories where the buyer keeps the same name, location, employees, management and ownership and is effectively the same business. Diligence, tax clearance, lien searches, escrow holdbacks and personal indemnities are how you manage that residual risk. **Should I buy the business in my own name?** No. Form an Arizona LLC before closing and buy the business or its assets in the name of the LLC so the business's liabilities do not automatically become your personal liabilities. Have the LLC formed, its operating agreement signed and its bank account open before the closing date, not the week after. **Does an entity purchase avoid getting the landlord's consent?** Not necessarily. Many commercial leases provide that a change in ownership of the tenant is deemed a transfer requiring the landlord's consent. Read the lease before you assume the entity structure solves the problem, and get any required consent in writing before closing. **When should the structure be decided?** Before the purchase agreement is drafted, and ideally in the letter of intent. The structure changes nearly every other provision in the deal, so negotiating it after a draft exists means rewriting the draft. **Can a business broker prepare the documents?** A broker may offer to. Ask who the broker represents and how the broker gets paid. The broker's objective is usually to close the deal so the commission is earned, which is not the same as protecting the buyer. Legal fees on a properly papered purchase are almost always trivial next to the purchase price. ## Get Help Structuring Your Arizona Business Purchase This article is general information, not legal advice. Every purchase has its own facts, and the right structure depends on them. We recommend that every buyer and every seller of an Arizona business be represented by an experienced Arizona business attorney before becoming legally obligated to buy or sell. Arizona business attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt), who has practiced business and contract law in Arizona since 1979, and his son, attorney and former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt), have formed 10,000+ Arizona LLCs and have prepared the documents that protect Arizona business buyers and sellers for decades. Rick and Ricky will answer your questions about buying or selling a business or its assets at no charge. Call Richard Keyt at [480-664-7478](tel:+14806647478) or Richard C. Keyt at [480-664-7472](tel:+14806647472), or email . You can also [book a free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). To hire KEYTLaw to prepare your purchase or sale documents, complete and submit our online [Business Purchase / Sale Questionnaire](https://www.keytlaw.com/bizq). If you need to form an Arizona LLC to acquire the business, see the fees and contents of our [3 LLC Formation Packages](https://www.keytlaw.com/contents). To hire us to form an LLC submit our online questionnaire at [keytlaw.com/llcq](https://www.keytlaw.com/llcq), call 480-664-7478 or email . ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Business Purchase / Sale Questionnaire](https://www.keytlaw.com/bizq/) **Published:** July 23, 2026 **Author:** Richard Keyt **Content:** # Arizona Business Purchase / Sale Questionnaire By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). **Last updated July 23, 2026, by [Richard Keyt](https://www.keytlaw.com/richard-keyt), Arizona LLC attorney** Complete and submit this questionnaire if you want KEYTLaw to represent you in buying or selling an Arizona business. You may use the form for the purchase or sale of business assets, LLC membership interests, corporate stock, or limited partnership interests when the business and its assets are located in Arizona. Before starting, gather the legal names and contact information for the buyer and seller and the important terms of the proposed transaction, including: - What the buyer is purchasing - The purchase price and payment terms - Earnest money and closing information - Any seller financing, promissory note, guaranty, or collateral - The proposed closing date - The buyer’s due-diligence period - Information about any lease being assigned or assumed - Any noncompete or consulting agreement - Any conditions that must be satisfied before closing Answer every applicable question as completely and accurately as possible. The information you provide will help us determine which agreements and closing documents your transaction requires and prepare documents that reflect the terms agreed upon by the buyer and seller. You do not have to complete the questionnaire in one sitting. Click **Save and Continue Later** at the bottom of the form to receive a link that will allow you to return and finish it later. When the form is complete, click **Submit**. You and KEYTLaw will receive an email containing the information you entered so you can review it for accuracy. If the purchase price is $4 million or more, call Rick Keyt at 480-664-7478 or Ricky Keyt at 480-664-7472 before completing the questionnaire. ## Arizona Business Purchase / Sale Questionnaire Date of this Questionnaire(Required) About This Questionnaire(Required) Complete and submit this questionnaire to hire Arizona business lawyers Richard Keyt (Rick: rk@keytlaw.com & 480-664-7478) and his son Richard C. Keyt (Ricky: rck@keytlaw.com & 480-664-7472) and their law firm KEYTLaw, L.L.C. (the “Firm”) to prepare all of the documents needed to buy or sell: (i) all or a portion of the assets of an Arizona business, or (ii) all or a portion of the ownership interest in a limited liability company (membership interest), a corporation (stock) or a limited partnership (partnership interest). Use this questionnaire only if the assets and business is located in Arizona. If your purchase or sale is for more than $3,999,999 call Rick or his son attorney Ricky to discuss your transaction and the fee. Select Your Fee(Required) $2,497 if the purchase price is less than $1,000,000 $4,997 if the purchase price is more than $999,999 & less than $2,000,000 $6,997 if the purchase price is $2,000,000 and less than $4,000,000 If the purchase price is $4,000,000 or more call Richard Keyt at 480-664-7478 Buying / Selling a Business FAQs(Required) See our article called "[Buying / Selling an Arizona Business: FAQs & Legal Checklist](https://www.keytlaw.com/buying-a-business-in-arizona/)." Business Purchase / Sale Services We Provide(Required) The Firm will prepare the following business purchase / sale documents for a fixed fee determined by the value of the purchase/sale. Your transaction may not need all of the documents. 1\. **Purchase Agreement**: This is the contract between the buyer and seller that states all material terms and conditions of a transaction. 2\. **Promissory Note**: The Promissory Note evidences the amount due to the seller after closing of the sale and the repayment terms. 3\. **Security Agreement**: This document creates a lien on personal property purchased by the buyer to secure payment of the Promissory Note. It needs a UCC-1 Financing Statement. 4\. **UCC-1 Financing Statement**: This document must be filed with the Arizona Secretary of State to perfect a lien on personal property of an Arizona buyer. It is the equivalent of recording a lien on real property with the county recorder. 5\. **Bill of Sale**: This is the document that evidences the transfer of personal property from the seller to the buyer. It is the equivalent to a deed for real property. It is a must have document when you buy assets that are personal property. 6\. **Deed of Trust**: This document creates a lien on real property to secure payment of the Promissory Note. It must be recorded in the Arizona county where the encumbered real property is located. 7\. **Personal Guaranty**: This document obligates the signer(s) to pay the Promissory Note if the buyer defaults. 8\. **Amendment to Articles of Organization**: Required when a buyer becomes a member and/or manager of an Arizona LLC purchased by the buyer. This document is filed with the Arizona Corporation Commission to change its records to show that one or more old members or managers are out and the buyer is in as a member and/or manager. 9\. **Noncompete Agreement**: The seller and/or seller affiliated parties promise not to compete with the business being sold for a period of time within a defined territory. 10\. **Consulting / Employment Agreement:** Necessary if any seller or seller affiliated party is to provide any consulting services or work for the buyer after the sale. 11\. **Consent of Landlord to Assignment of Lease**: If the business being purchased has leased premises and the lease gives the landlord the right to approve a new tenant or a change in ownership or control of the seller, the buyer must get the landlord's consent to assigning the Lease or the buyer could be evicted from the premises. 12\. **Landlord Estoppel Certificate**: This is a document the buyer should ask the landlord to sign because it asks the landlord to confirm the Lease is not in default and the other important terms of the Lease such as rent. 13\. **Assignment of Lease**: This is the document that actually transfers the seller's interest as a tenant in the Lease to the buyer. It makes the buyer the new tenant under the Lease. 14\. **Resolutions Authorizing the Transaction**: Whenever the seller or the buyer is an entity, the other side must obtain resolutions from the entity's members (if it is an LLC) or board of directors (if it is a corporation) that authorizes the entity to enter into the transaction and related agreements and names the person who signs documents for the entity. The fixed fee includes unlimited consultations and telephone calls at no additional charge up to the delivery of the first draft of all of the documents. The fee also includes one hour of attorney time after we deliver all of the documents to answer questions about the documents and make changes you request. If we spend more than one hour of time after we deliver all the documents to you, we will charge for additional attorney time based on the hourly rates of our attorneys. Most transactions do not require additional attorney time unless the other side requests substantial changes and you agree to make the changes. We will bill you for any additional services not specified in this Agreement on an hourly basis for time spent in connection with the services rendered. Current hourly rates of KEYTLaw attorneys are: (i) Richard C. Keyt - $395 (he will have primary responsibility for preparing and editing the documents, and (ii) Richard Keyt - $495. Who Will KEYTLaw, LLC, Represent? We represent either the buyer or the seller in a transaction, never both.(Required) Buyer Seller ### Information About the Contact Person Please tell us about the person who we will work with in preparing the documents. Contact Person's Name(Required) First Middle Last Suffix Contact's Mailing Address(Required) Street Address Address Line 2 City AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code Contact's Phone Number(Required) Contact's Email Address(Required) Enter Email Confirm Email Is the Contact Person with the Buyer or Seller?(Required) Buyer Seller ### Buyer's Information The buyer should be an existing limited liability company or a new LLC formed for the purpose of buying the business. Which Statement Applies to Buyer?(Required) Buyer is an existing entity Buyer will be a new LLC to be formed by Richard Keyt Buyer will be a new LLC formed by someone other than Richard Keyt Buyer is one person, a married couple or group of people Buyer is a trust Complete Our Online Questionnaire to Form the LLC(Required) To hire Richard Keyt to form an Arizona limited liability company to be the buyer of the business or assets complete and submit our online [LLC Formation Questionnaire](http://www.keytlaw.com/llcq/). Buyer's Legal Name(Required) Buyer Was or Will Be Formed in Which State?(Required) Name and Title of the Person Who Will Sign for Buyer?Who will sign the documents on behalf of the buyer and what is the signer's title? For example, (i) Homer Simpson, Manager, (ii) Homer Simpson, Member, (iii) Homer Simpson, President. Buyer's Mailing Address(Required) Buyer's mailing address is the same as the contact person's address. Buyer's mailing address is not the same as the contact person's address. Buyer's Mailing Address(Required) Street Address Address Line 2 City AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code ### Seller's Information What is the Seller?(Required) one person husband and wife limited liability company corporation limited partnership limited liability partnership limited liability limited partnership trust Seller's Legal Name(Required) Seller's Spouse's Legal Name(Required) What is the Legal Name of the Company?(Required) In What State Was the Company Formed?(Required) Name & Title of the Person Who Will Sign for Seller?(Required)Enter the name of the person who will sign the contract for the Seller and his or her title. For example, Homer Simpson, President or Marge Simpson, Manager. Name of the Trust(Required) Name of the Trustee or Trustees(Required) Date of the Trust Agreement(Required) Seller's Mailing Address(Required) Seller's mailing address is the same as the contact person's address. Seller's mailing address is not the same as the contact person's address. Mailing Address of Seller(Required) Street Address Address Line 2 City AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code ### Transaction Information What is Buyer Buying?(Required) Assets Membership Interests of an LLC Corporate Stock None of the above Describe What Buyer is Buying(Required) What is the Purchase Price?(Required) Will the Buyer Pay any Earnest Money Before Closing?(Required) No Yes Amount of Earnest Money(Required) Who Is the Earnest Money Paid to?(Required) Escrow Agent Seller None of the above Who Is the Escrow Agent?(Required) an escrow company selected by Richard Keyt an escrow company not selected by Richard Keyt Who Gets the Earnest Money?(Required) When is the Earnest Money Due? On signing the purchase / sale agreement Within ten days of signing the purchase / sale agreement When the free look period ends On or before a specified date On What Date is the Earnest Money Due?(Required) How Much Cash is Due at the Closing?(Required) Will Any Part of the Purchase Price be Paid After Closing?(Required) Yes No How Much of the Purchase Price is Paid After Closing?(Required) What are the Payment Terms of the Promissory Note for the Balance Owed After Closing?(Required)Enter the payment terms such as how many payments, are they monthly or quarterly or annually, maturity date, interest rate charged, if any. For example, the note will be paid in 60 monthly installments of $X/month with interest at five percent per annum. Will the Promissory Note Be Secured by a Lien on Any of Buyer's Property?(Required) Yes No Seller Will Get a Lien On Which of the Following? the assets, LLC membership interest or stock to be sold Buyer's home Other real estate owned by Buyer One or more other assets What is the Address of All Property on Which Seller will get a Lien?(Required) Explain What Assets Seller Will Get a Lien On Will the Promissory Note be Guaranteed?(Required)If the Buyer defaults on the Promissory Note do you want one or more other parties to guaranty payment of the Note? Yes No Who Will Guaranty Payment of the Promissory Note?(Required)Enter the legal name(s) of any person or entity that is to guaranty payment of the Promissory Note. **Warning**: Arizona law provides that if an Arizona couple is married and only one of them signs the Guaranty the creditor cannot reach their community property. Will the Closing be on a Specific Date?(Required) The closing will be on a specific date The closing will not be on a specific date What is the Closing Date?(Required)When will the buyer take title to the assets or business? Explain When the Closing Will Occur(Required) Will the Buyer Have a Free Look Period for Due Diligence?(Required)A free look period is a period of time after the contract signed during which the buyer performs due diligence. If the buyer decides the buyer does not want to purchase, the buyer can cancel the contract before the end of the free look period and get a refund of all earnest money except earnest money that has become non-refundable. Yes. The Buyer will have a free look period No. The Buyer will not have a free look period How Long is the Free Look Period? ten days twenty days thirty days forty-five days none of the above Explain When the Free Look Period will End(Required) Is Buyer Acquiring a Lease from Seller?(Required) Yes No Landlord's Name Date of the Lease Send Richard C. Keyt a Copy of the Lease(Required) Send Richard C. Keyt a copy of the lease by emailing it to rck@keytlaw.com Is the Lease Guaranteed?(Required)Did any person or entity sign a guaranty in which the signer promised to pay any money owed on the lease? Yes No Should the Buyer Assume the Tenant's Obligations Under the Lease?(Required) Yes No Does Buyer Require Anybody to Sign a Noncompete Agreement?(Required) Yes No Who Must Sign a Noncompete Agreement?(Required)Give the name or names of all parties that are to sign a Noncompete Agreement and promise not to compete against Buyer. Does Buyer Require Anybody to Sign a Consulting Agreement?(Required) Yes No Who Must Sign a Consulting Agreement?(Required)Give the name or names of all parties that are to sign a Consulting Agreement. Also state the terms and conditions of the agreement such as the term, amount of compensation and hours to be worked each day or week. Which Choice Applies to this Transaction? Neither Buyer nor Seller has any contingencies that must be satisfied before becoming obligated to close Both Buyer and Seller have one or more contingencies that must be satisfied before becoming obligated to close Only Buyer has one or more contingencies that must be satisfied before becoming obligated to close Only Seller has one or more contingencies that must be satisfied before becoming obligated to close Explain Seller's Contingencies(Required)List below any conditions or contingencies that apply to seller. For example, the seller may require buyer to enter into a new lease for premises or alternatively get landlord's consent to assign lease to buyer. Contingencies are items that must be satisfied or seller is not obligated to close. Explain Buyer's Contingencies(Required)List below any conditions or contingencies that apply to buyer. Contingencies are items that must be satisfied or buyer is not obligated to close. For example, the buyer should require that buyer enter into a new lease for premises or alternatively get landlord's consent to assign lease to buyer. Another condition is that buyer apply for and obtain a loan on terms and conditions acceptable to buyer. Do You Have any Additional Information about this Transaction?(Required) Yes No Additional Information about the TransactionEnter any other important terms and conditions or facts about the transaction. Possible Additional Fees You will be charged for judgment & lien searches made on the seller(s) and the business. Judgment and lien searches are mandatory because you do not want to buy the business or assets and learn after closing that a creditor has a judgment or lien on the business or assets. These searches are usually about $200 for each person or entity searched. If you will be assuming or be subject to a new or existing lease and you want us to review the lease we can do so, but you must first send us a copy of the proposed lease. We will then give you a fixed fee for our review service. Search and lease review fees are in addition to the fee to prepare the sale documents. If we do any searches or review a lease we will bill for these fees separately. How to Pay $2,497(Required) Go to our [secure order page]() to pay using your major credit card. You may also give us your credit card information by calling our legal assistant at 480-664-7846. How to Pay $4,997(Required) Go to our [secure order page](https://keytlaw.infusionsoft.com/app/orderForms/bizsale) to pay using your major credit card. You may also give us your credit card information by calling our legal assistant at 480-664-7846. How to Pay $6,997(Required) Go to our [secure order page](https://www.keytlaw.com/pay) to pay using your major credit card. You may also give us your credit card information by calling our legal assistant at 480-664-7846. Submit Save and Continue Later ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Who Gets Copies of Your Estate Planning Documents?](https://www.keytlaw.com/sharing-estate-planning-documents/) **Published:** June 5, 2026 **Author:** Richard Keyt **Content:** # Who Should Get Copies of Your Trust Documents? [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Your Trust Documents You signed your revocable living trust. You funded it. You put it away in a safe place. Now what? One of the most practical—and most overlooked—decisions you will make as a trustmaker is deciding *who should receive copies of your trust and related estate planning documents*. Get this right and your successor trustee can step in seamlessly after your death or incapacity. Get it wrong and your family may face unnecessary delays, confusion, or expensive legal proceedings at exactly the moment they are least equipped to deal with them. This article covers everything you need to know: who needs copies, who should not get copies, which documents to share versus which to protect, when to distribute them, how to handle changes over time, and a privacy-preserving alternative that solves most third-party document requests without revealing your private family financial arrangements. ## **Why This Decision Matters More Than Most Trustmakers Realize** Your revocable living trust is one of the most private legal documents you will ever sign. Unlike a will, which becomes a public court record if it goes through probate, your trust document never has to be filed with any court or government agency—unless litigation arises. That privacy is one of the primary reasons clients choose a revocable living trust over a will-based estate plan. But privacy works against you if the wrong people cannot find the trust when they need it most, or if they are handed an outdated version that no longer reflects your wishes. The tension, then, is this: **you need the right people to have access to your trust, while limiting access from everyone else.** ## **The Documents in a Complete Estate Plan** Before discussing who gets what, let’s identify the documents a complete KEYTLaw estate plan typically includes, because different documents go to different people: 1. **Revocable Living Trust** — The master document that controls disposition of your trust assets during your lifetime and after your death. 2. **Pour-Over Will** — Catches any assets not titled in the trust at death and directs them into the trust through probate. 3. **Durable Financial Power of Attorney** — Appoints your agent to manage financial affairs outside the trust during incapacity. 4. **Healthcare Power of Attorney** — Appoints your healthcare agent to make medical decisions if you cannot. 5. **Living Will / Advance Directive** — States your wishes about life-sustaining treatment. 6. **HIPAA Authorization** — Authorizes your agent and family members to receive your protected health information. 7. **Certification of Trust** — A summary document used with third parties (discussed in detail below). 8. **Guardian Nomination** — Names a guardian for minor children (if applicable). Each of these documents serves a different purpose, and each has a different appropriate distribution strategy. ## **Who Should Receive Copies — and of What** ### **1. Your Successor Trustee(s): Give Them the Full Trust** Your successor trustee is the person or institution that will manage and distribute your trust assets after your death or during your incapacity. This is the single most critical recipient of your trust document. **Your successor trustee must have access to the complete trust document.** Not a summary. Not a certification. The full trust, including all amendments and restatements. Why? Because the successor trustee needs to know: - The full scope of their powers as trustee - The exact distribution instructions—who gets what, when, and under what conditions - Any sub-trust provisions, such as asset-protected trusts for your children (what we call Beneficiary-Controlled Asset Protection Trusts, or BCAPTs) - Any special needs provisions for disabled beneficiaries - Any conditions or restrictions on distributions - The trustee succession chain if the primary successor cannot serve **My recommendation:** Give your successor trustee a copy of the trust at the time you sign it, or at a minimum, tell them exactly where the original is kept and how to access it. Ideally, do both. Store a digital copy in a secure cloud location—a password manager, an encrypted folder, or a document storage service—and give your successor trustee the access information. If you name multiple successor trustees who serve together (co-trustees), each co-trustee should have access to the complete document. ### **2. Your Backup or Contingent Successor Trustees: Inform, but Use Judgment on Copies** You likely named a primary successor trustee and one or more backups. Whether your contingent successor trustees receive copies of the trust is a judgment call based on your family dynamics and your level of trust in each person. At a minimum, your contingent trustees should: - Know they are named as a backup trustee - Know where the original trust is located - Understand how to contact your estate planning attorney Providing them a full copy is reasonable if you have close, trusting relationships and no concern about family conflict. If there is any possibility of family friction or a challenge to your estate plan, consult your estate planning attorney before distributing copies broadly. ### **3. Your Estate Planning Attorney: Retain a Copy on File** Your estate planning attorney should always retain a copy of your trust in your client file. This serves as a critical backstop if original documents are lost, damaged, or destroyed. At KEYTLaw, we maintain client files so that we can reconstruct or re-execute documents if needed. This is not a substitute for keeping your own original, but it is an important safeguard. If you worked with an attorney who has since retired or whose firm closed, take steps to retrieve your file or re-execute your documents. ### **4. Your Agent Under Your Financial Power of Attorney: Give Them Their Document** Your [financial power](https://www.azleg.gov/ars/14/05501.htm) of attorney agent does not need a copy of your trust—the trust governs trust assets and your agent governs non-trust financial matters. However, your agent absolutely needs: - A signed original (or certified copy) of the Durable Financial Power of Attorney naming them - Knowledge of where your trust is located and how to contact your successor trustee In practice, your agent and your successor trustee are often the same person. If so, give them both documents. ### **5. Your Healthcare Agent: Give Them Their Documents** Your healthcare agent—named in your [Healthcare Power of Attorney](https://www.azleg.gov/ars/36/03221.htm)—needs: - A signed copy of the Healthcare Power of Attorney - A copy of your Living Will / Advance Directive - A copy of your HIPAA Authorization Healthcare providers will ask for these documents at the hospital or in an emergency. Your agent should keep these documents readily accessible—both a physical copy at home and a digital copy on their phone. Your healthcare agent does not need your trust document unless they are also your successor trustee. ### **6. Your Physician: The HIPAA Authorization Only** Your primary care physician’s office should receive a copy of your [HIPAA Authorization](https://www.hhs.gov/hipaa/for-professionals/faq/authorizations/index.html) so it is on file. This authorizes your healthcare agent and designated family members to receive your protected health information without legal barriers. Providing your doctor with any other estate planning document is unnecessary. ### **7. Banks, Title Companies, and Financial Institutions: Use a Certification of Trust** This is where most trustmakers make a significant and unnecessary privacy mistake. When you go to a bank, financial institution, or title company to conduct business as trustee—opening a trust account, transferring real estate, re-titling investments—they will typically ask to “see the trust.” Many trustmakers hand over the full trust document without question. **Do not do this.** Arizona law provides a better solution: the [**Certification of Trust**](https://www.azleg.gov/ars/14/11013.htm) (also called an Affidavit of Trust) under [**A.R.S. § 14-11013**](https://www.azleg.gov/ars/14/11013.htm). A Certification of Trust is a 2-to-4 page document that tells a financial institution or business everything it legally needs to know: - That the trust exists and is currently in force - The date the trust was executed - The name of the trust - The name and authority of the trustee - A summary of the trustee’s relevant powers - Whether the trust is revocable or irrevocable What it does *not* reveal: who your beneficiaries are, what they receive, and any conditions or restrictions on distributions. Under Arizona law, a third party who receives a Certification of Trust in good faith may rely on it without requiring a copy of the trust itself. If the third party insists on seeing the full trust, consult your estate planning attorney—in most cases, the Certification of Trust is legally sufficient and the institution’s demand for the full document is not required. **Practical tip:** Have several signed originals of your Certification of Trust ready when you sign your estate plan. Keep them with your other documents and use one whenever a bank or institution asks for “the trust.” ### **8. Your Spouse or Domestic Partner: Discuss, Then Decide Together** If you are married and your spouse is a co-trustee or successor trustee, they obviously need full access. If you created joint trusts together (common in married estate plans), you both sign and both have access. If you created separate individual trusts—which is appropriate in blended families or where you have separate property—discuss with your estate planning attorney the extent to which each spouse should have access to the other’s trust document. There is no one-size-fits-all answer here. ## **Who Should NOT Receive Copies of Your Trust** To summarize the people and entities who generally should *not* receive a copy of your full trust document: - **Adult children who are only beneficiaries** (not trustees) — during your lifetime - **Other relatives or friends** named as beneficiaries - **Banks and financial institutions** — use a Certification of Trust instead - **Title companies and escrow officers** — use a Certification of Trust instead - **Business partners or employers** - **Creditors or anyone involved in a financial transaction** - **Accountants or financial advisors** who do not need full trust terms to perform their services (a summary of trust income provisions may be more appropriate) The guiding principle: if someone can do what they need to do with a Certification of Trust or a summary conversation, they do not need the full document. ## **Where to Store Your Trust Documents** Distribution decisions are closely linked to storage decisions. The safest approach combines physical and digital storage: ### Physical Storage - **Home safe:** A fireproof, waterproof home safe is the best location for your original signed documents. Avoid a safe deposit box as the primary location—banks may freeze access to a safe deposit box at death, creating the very delay your trust was designed to prevent. - **Tell people where it is:** Your successor trustee must know the safe’s location and how to open it. Write down the combination and store it separately from the safe itself. ### Digital Storage - **Scanned PDFs:** Scan all signed original documents and store them in encrypted digital storage—a secure cloud service, a password-protected drive, or a dedicated document vault service. - **Access information:** Store login credentials for your digital storage in a password manager, and give your successor trustee access to that password manager or document the credentials in a sealed letter kept with your physical documents. At KEYTLaw, we maintain copies of your executed documents in your client file as an additional backup. But do not rely solely on your attorney’s office—attorneys retire, firms close, and records can be lost. Maintain your own secure originals. ### **9. Your Beneficiaries: Generally No, Until Your Death** One of the most common questions I receive from trustmakers: *“Should I give my children a copy of the trust so they know what to expect?”* There is no legal obligation to do so during your lifetime—and in many cases, I advise against it. Here is why: - **Your trust can change.** If you give your daughter a copy of the trust today and amend it next year after a falling-out, she has an outdated document that may create false expectations or conflict. - **Knowledge of an inheritance can change behavior.** Some beneficiaries, upon learning they will inherit a substantial amount, make financial decisions based on that expectation. This can create difficult family dynamics if you later change your plan. - **Privacy is a legitimate interest.** You have the right to keep your financial arrangements private during your lifetime. Adult children do not have a legal right to know the details of your estate plan while you are alive. - **Sibling conflict.** Sharing distribution details with multiple beneficiaries—especially if distributions are not equal—can create resentment and conflict while you are still alive. That said, there are circumstances where sharing makes sense: - If your beneficiary is also your successor trustee, they need the trust document (see above). - If you want to share the *existence* and general structure of your plan with a trusted adult child without revealing specific dollar amounts or percentages, a conversation may be more appropriate than handing over documents. - If a beneficiary has a disability and a Special Needs Trust is included, the beneficiary’s caregiver or guardian may need to understand how that trust operates. **After your death:** Arizona law ([A.R.S. § 14-10813](https://www.azleg.gov/ars/14/10813.htm)) requires the successor trustee to notify qualified beneficiaries of the trust’s existence within 60 days of the trustmaker’s death and to provide a copy of the trust terms upon request. At that point, the privacy analysis changes—disclosure is legally required to the beneficiaries who are affected. ## **When to Distribute Copies — Timing Matters** ### **At Trust Signing** The ideal time to distribute documents to the people who need them is at the time of signing—or within a few weeks afterward. This ensures that your successor trustee, healthcare agent, and financial power of attorney agent have current, accurate documents and are not scrambling to find them in a crisis. ### **After Any Amendment or Restatement** Every time you amend your trust or execute a full restatement, you must update your distribution. The copies you gave out previously are now outdated. Outdated copies are not just useless—they are dangerous, because a successor trustee who acts under an outdated version of the trust may be acting outside their actual authority. **Best practice:** When you amend or restate your trust, physically collect or ask recipients to destroy any prior copies and replace them with the current version. Mark your documents with version numbers or dates to make this easier. ### **When Key People Change** If your primary successor trustee dies, becomes incapacitated, or you change your mind about who you want in that role, update your trust and re-distribute to the new trustee. Do not leave the former trustee with a copy that names them in a role they no longer hold. ### **Regular Reviews — Every Three to Five Years** Estate planning documents are not set-and-forget. I recommend reviewing your complete estate plan—including who has copies and whether those copies are current—every three to five years, and after any major life event: marriage, divorce, death of a named trustee or beneficiary, significant change in assets, or a move to another state. ## **A Practical Checklist: What to Give to Whom** RecipientWhat to ProvideSuccessor Trustee (primary)Complete trust (all pages, all amendments/restatements); location of original; attorney contact infoContingent Successor TrusteesLocation of trust; attorney contact info; optionally a full copy depending on family dynamicsFinancial Power of Attorney AgentSigned original or certified copy of the Durable Financial Power of Attorney; location of trust; attorney contact infoHealthcare AgentHealthcare Power of Attorney; Living Will; HIPAA Authorization (carry in wallet or phone)Primary Care PhysicianHIPAA Authorization; optionally Living Will on fileBanks / Financial InstitutionsCertification of Trust only — never the full trustTitle Companies / EscrowCertification of Trust onlyAdult Children (beneficiaries only)Generally nothing during your lifetime; after death, the successor trustee provides required noticeEstate Planning AttorneyRetains copy in client file automaticallyCPA / AccountantAt most a summary of income and tax provisions; not the full trust unless specifically needed--- ## **Special Situations Worth Noting** ### **Blended Families** In blended families—where each spouse has children from a prior relationship—the distribution question becomes particularly sensitive. Each spouse’s trust may contain provisions for their own biological children that the stepchildren will never see. Be especially conservative about distribution in these situations, and discuss the plan openly (without necessarily sharing document details) to reduce the risk of post-death surprises and conflict. ### **Incapacity Scenarios** If you become incapacitated rather than dying, your successor trustee takes over management of trust assets under the incapacity provisions of your trust. Make sure your successor trustee knows how incapacity is defined in your trust—most trusts require one or two physician certifications—and that they know where your trust is before a crisis arises. An incapacity situation rarely comes with advance warning. ### **When Your Trust Holds Business Interests** If your trust holds membership interests in an LLC or shares in a closely held corporation, the operating agreement or shareholders’ agreement may require specific documentation when trust interests are involved. Work with your attorney to ensure the correct documentation is in place and that any required notices to business co-owners are handled properly at the time of transfer into trust and again at death. ### **Out-of-State Property** If your trust holds real estate in another state, the laws of that state govern how trust assets are transferred. A Certification of Trust that complies with Arizona law may not satisfy the requirements of another state. Have your estate planning attorney prepare state-specific certifications if you hold significant out-of-state property. ### **Digital Assets** Cryptocurrency, online accounts, domain names, and other digital assets require special handling. Because access to digital assets depends on passwords and private keys—not just legal documents—your successor trustee needs both the trust authority to act and the practical ability to access the accounts. Prepare a separate, secure digital asset inventory and give your successor trustee access instructions. Do not include passwords in the trust document itself, as the trust may eventually be reviewed by others. ## **The Bottom Line** Your revocable living trust is a powerful, private, and flexible estate planning tool—but only if the right people can find it and act under it when needed. A trust that sits in a filing cabinet unknown to your successor trustee is as useless as no trust at all. Here is what I want you to take away from this article: 1. **Your successor trustee must have access to your complete trust.** This is non-negotiable. 2. **Use a Certification of Trust for all third parties**—banks, title companies, and financial institutions. Never hand over your full trust document when a certification will do. 3. **You have no obligation to share your trust with your beneficiaries** during your lifetime, and there are good reasons not to. 4. **Keep your distribution list current.** Every amendment or restatement means updating who has what version. 5. **Store originals securely and tell the right people where they are.** A home safe plus digital backup is the gold standard. If you have questions about your current estate plan, whether your trust documents are properly distributed, or whether your plan still reflects your wishes, I am happy to review your situation. **Schedule a free consultation with me at [keytlaw.com/calendar](https://www.keytlaw.com/calendar).** I have been helping Arizona families protect what matters most since 1979, and I would be honored to help you and your family as well. ## **Frequently Asked Questions** ### **Does my successor trustee need a copy of my entire trust?** Yes. Your successor trustee cannot administer your trust after your death or incapacity without access to the full trust document. You should either give your successor trustee a copy now or tell them exactly where the original is kept. Ideally, do both. ### **Should I give my bank a copy of my revocable living trust?** Banks and financial institutions generally do not need—and should not receive—your full trust document. Arizona law allows the use of a Certification of Trust (also called an Affidavit of Trust) under A.R.S. § 14-11013, which proves the trust exists, names the trustee, and describes the trustee’s powers, all without revealing the private details of who your beneficiaries are and what they receive. ### **Do my children and beneficiaries have a right to see my trust?** During your lifetime, you have no obligation to show your trust to anyone, including your children or other named beneficiaries. A revocable living trust is a private document. After your death, Arizona law ([A.R.S. § 14-10813](https://www.azleg.gov/ars/14/10813.htm)) gives qualified beneficiaries the right to receive a copy of the trust terms that affect them, but that right arises at death, not before. ### **Who absolutely must have a copy of my trust or know where it is?** At a minimum, your successor trustee must be able to access your complete trust document immediately after your death or incapacity. Your estate planning attorney should retain a copy. If you have a co-trustee, they also need full access. Beyond those people, a Certification of Trust handles nearly all third-party needs. ### **What is a Certification of Trust and when should I use it?** A [Certification of Trust](https://www.azleg.gov/ars/14/10813.htm) is a shorter document—typically 2 to 4 pages—that summarizes key provisions of your trust without revealing beneficiary information or distribution terms. Arizona recognizes Certifications of Trust under [A.R.S. § 14-11013](https://www.azleg.gov/ars/14/10813.htm). Use it whenever a bank, title company, financial institution, or business asks to verify your authority as trustee. This protects your privacy while giving third parties everything they legally need. ### **When should I update or redistribute my trust documents?** You should review your distribution list whenever you amend or restate your trust, when a named successor trustee or agent dies, becomes incapacitated, or you remove them, when you add or remove beneficiaries, after major life events such as divorce, remarriage, or the birth of a grandchild, and every three to five years as a general matter. ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona LLC Formation Questionnaire | Approved in 24 Hours](https://www.keytlaw.com/llcq/) **Published:** July 22, 2026 **Author:** Richard Keyt **Content:** # Arizona LLC Formation Questionnaire | Approved in 24 Hours By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). Ready to **form an Arizona LLC online**? You’re in the right place. Complete the short questionnaire below to hire Arizona LLC attorneys Richard Keyt and his son Richard C. Keyt to form your LLC or PLLC. Richard (the father) formed Arizona’s very first LLC the day the state’s LLC law took effect in October 1992. After you submit this questionnaire, pay the fee, and approve its contents, we will file your LLC’s [Articles of Organization](https://www.azleg.gov/ars/29/03201.htm) with the [Arizona Corporation Commission](https://azcc.gov/corporations/home) and your LLC or PLLC will approved by the Arizona Corporation Commission within 24 hours. **Last updated July 22, 2026, by [Richard Keyt](https://www.keytlaw.com/richard-keyt), Arizona LLC attorney** Scroll down and take 5 minutes to complete our short LLC formation questionnaire below to hire Arizona LLC attorneys to form one or more Arizona LLCs or PLLCs. See a detailed description of the [8 Bronze LLC services, 16 Silver LLC services & 23 Gold LLC services](https://azllc.com/contents/) we provide. Our LLC packages and prices are: - **$497 Bronze (the bare essentials)**. - **$897 Silver (our most popular package)**. Silver services: (i) we prepare a custom Operating Agreement for the owners to sign, (ii) we get the LLC’s employer ID number from the IRS so you can open the LLC’s bank account, (iii) we give you access to our 170 page ebook called the Arizona LLC Operations Manual that has the answers to the common questions people ask us after we form their LLC **(chapter 3 of the OM describes 33 tasks you should do in the first 75 days after forming the LLC)**, (v) we send you [49 email alerts](https://www.azllc.net/emails/) over three months that remind you to accomplish critical post-formation tasks and that give you information about post-formation issues, and (vi) we mail you a three-ring binder that contains all of you LLC documents organized behind tabs. - **$1,397 Gold (the confidential LLC)**. Our Gold LLC package includes all the services of our Silver LLC package, plus we prepare a revocable living trust for you that owns the LLC, so your name and address will not be on the public records of the Arizona Corporation Commission. Your trust can own any assets, such as your home, other real estate, LLCs, bank accounts, and investment accounts. The LLC and other assets in the trust will pass automatically on your death (or the death of you and your spouse if you are married) to the person or people you name in your trust agreement without a time-consuming and expensive Superior Court probate proceeding. **See the six reasons [Why You Should Buy a Gold LLC with a Confidential Trust](https://www.arizona-wills.com/gold-llc/)**. This article **lists people who won’t inherit your assets unless you provide for them in a will or a trust**. Enter your information below, then click the BLUE **Submit** button at the end of the Questionnaire. When you click the Submit button, our system will email you all the information you entered so you can review it and ensure everything is correct. Fields marked **required** are mandatory. ## Arizona LLC Formation Questionnaire Questionnaire Date(Required) Arizona LLC Name Search To see if your desired name is available, [Arizona LLC Name Search: Check Availability Free (2026)](https://azllc.com/check-llc-name-arizona/). explains how to check a desired name. New Company's Name(Required) Enter the new company's name. If you are not sure of the name or do not know it, enter "**Undecided**" and continue filling out this questionnaire. When you know the company's name you can email it to us. Contents & Prices of Our 3 LLC Formation Packages(Required) See the contents & prices of our [3 LLC packages](https://azllc.com/contents/). Which LLC Formation Package are You Buying?(Required) $497 Bronze $897 Silver $1,397 Gold (the confidential LLC) $1,297 IRA LLC owned by the IRA's custodian to invest in real estate or other types of assets. The Silver LLC is our most popular package. The Gold LLC is for people who: (i) do not want their name or address on the public records of the Arizona Corporation Commission, and (ii) want to name the person or people who inherit the LLC and other assets in the trust without a probate when they die. Most people who buy a Bronze LLC are people who previously bought a Silver or a Gold LLC. Click to Go to Our IRA LLC Formation Questionnaire(Required) Go to our [6 steps to hire us](https://www.irallcs.com/2013/07/form-ira-llc/) to form an IRA LLC article. Do not complete or submit this questionnaire if you want an IRA LLC. Complete the IRA LLC formation questionnaire at the above link. How Did You Hear About Us? Existing client Referral Google Search FaceBook Instagram LinkedIn TikTok YouTube CHAT GPT Gemini Redditt Other Who referred you?(Required) What terms did you search?(Required) Do You Want Us to Form More than One LLC? Yes No Asset Protection Considerations [Click to learn](https://azllc.com/parent-llc/) Why Smart Real Estate Investors & Business Owners Use an Arizona Holding Company that Owns Separate Arizona LLCs for Each Property & Business Additional Company Information(Required)LLC Name LLC Type (Bronze $497 or Silver $897) Owner(s) Manager(s) Add Remove Enter the name of each additional LLC to be formed, its type (bronze for $497 or silver for $897) and the name of the LLC or member(s) that is to own the LLC. Click on the + symbol to open a new row. Is the Company an LLC or a Professional LLC?(Required) LLC Professional LLC The only Arizona profession that requires a professional LLC is realtor (not real estate broker). Doctors, lawyers, dentists and CPAs may, but are not required to form a PLLC. What is the Profession?(Required) Physician Dentist CPA Attorney Realtor None of the above If the LLC will be a professional LLC select the appropriate profession. What Professional Services will the PLLC Provide?(Required) Did You Reserve the Name with the Arizona Corporation Commission? Yes No What is the ACC's Name Reservation ID? Because you reserved the name with the Arizona Corporation Commission we cannot file the Articles of Organization unless you give us the name reservation ID the Arizona Corporation Commission gave you when you reserved the name. The name reservation ID is six letters and numbers such as FNXM28. It is not the ID number listed on the ACC’s website for the name reservation. Check the email you got from the Arizona Corporation Commission when you reserved the name to get the name reservation ID. Warnings **Signers on Company Bank Account**: If you want a person to be able to sign checks and be on the company's bank account that person must be a manager of the company or the trustee of a trust that is a manager. **Form of Managers' Name**: Each person who is a manager including a trustee of a trust that is a manager should enter his or her name below the same way the name is shown on the person's driver’s license, social security card, passport, birth certificate, marriage certificate, divorce decree, legal name change certificate or state issued id. See "[Why Your Name in Your LLC's Articles of Organization Should Be the Name on Your Driver’s License or Passport](https://www.keytlaw.com/azllclaw/2020/10/partiot-act/)." **Potential EIN Delay**: See "[IRS Employer ID Number (EIN) Warning for New LLCs](https://www.keytlaw.com/azllclaw/2020/10/ein-warning/)." Do You Want to Purchase Our Address Service for $100/year to Keep Your Address off the Public Records of the Arizona Corporation Commission?(Required) Yes. The company's address & the address of all members and managers will be 24 W. Camelback Road, Suite 467, Phoenix, AZ 85013. No The company's Articles of Organization filed with the Arizona Corporation Commission must state the company's principal address. The principal address does not have to be in Arizona. It can be a post office box or a UPS mailbox. If you don't want your address to appear on the ACC's public records purchase our address service for $100/year. KEYTLaw Address Service(Required) Our address service is not a mail forwarding service. Tell everybody to send mail where you want it to go. **Do not tell third parties to send mail to 24 W. Camelback Road, Suite 467, Phoenix, AZ 85013**. If we get correspondence for your company we will charge you a $35 handling fee to mail the document to you. Company's Principal Address(Required) Street Address Address Line 2 City AZAlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code The company must state its principal address in its formation document, the Articles of Organization that is filed with the Arizona. The company's principal address can be its physical address or its mailing address including a P.O box. The principal address does not have to be in Arizona. Company's Purpose(Required) To own real estate To fix & flip real estate To provide services To operate a restaurant To operate a retail store To sell products on the net none of the above What is the purpose of the LLC? This information is for our information only. It is not given to the Arizona Corporation Commission. Your company will be able to engage in any lawful activity. Do You Want Us to Prepare a Special Warranty Deed to Transfer Arizona Real Estate of the LLC for $295/Deed? Yes No If your LLC is being formed to own Arizona real estate that land must be transferred by a deed to the LLC. If you want us to prepare one or more Special Warranty Deeds select Yes above. What is the Street Address of the Land? Send Us a Copy of the Deed by Which You Took Title to the Land We need to get the legal description from the deed by which you acquired title. Email a copy of the deed(s) to Richard C. Keyt at rck@keytlaw.com. Will the Confidential Trust be the Only Member / Owner of the LLC?(Required) Yes No How Many Members / Owners Will the Company Have?(Required) One Two Three Four Select the total number of members (owners). **If any members are married**: The married couple is considered ONE MEMBER if either of the following applies: (i) the couple will own their interest in the LLC as community property or as joint tenants, or (ii) one married person will own his or her interest in the LLC as separate property and the other spouse will not have any ownership of the LLC. **Note**: If a married couple will each own their interests in the LLC as separate property they are considered TWO MEMBERS and you need to complete member information for each spouse. Multiple Confidential Trusts. **Note**: If you have two or more people who are not married to each other and more than one of the people wants confidentiality you need to purchase an additional confidential trust for each additional person or married couple for $497/trust. For example: Dick and Jane are married. Their confidential trust will own 50% of the LLC. Joe is single and wants confidentiality for the other 50%. Two Confidential Trusts are needed. One for Dick and Jane and a second one for Joe for an additional $497. Multiple Confidential Trusts **Note**: If you have two or more people who are not married to each other and more than one of the people wants confidentiality you need to purchase an additional confidential trust for each additional person or married couple for $497/trust. For example: Dick and Jane are married. Their confidential trust will own 50% of the LLC. Joe is single and wants confidentiality for the other 50%. Two Confidential Trusts are needed. One for Dick and Jane and a second one for Joe for an additional $497. Additional Confidential Trusts **Note**: If you have two or more people who are not married to each other and more than one of the people wants confidentiality you need to purchase an additional confidential trust for each additional person or married couple for $497/trust. For example: Dick and Jane are married. Their confidential trust will own 50% of the LLC. Joe is single and wants confidentiality for the other 50%. Two Confidential Trusts are needed. One for Dick and Jane and a second one for Joe for an additional $497. Will Any Member be Required to Make Capital Contributions or Pay Money to the Company?(Required) Yes No Will any owner be required to pay money to the LLC? Arizona LLC law provides that no member of an Arizona LLC is obligated to pay money to the LLC unless the member signs a document that states the amount and due date of the payment. If you select Yes then this Questionnaire will ask how much money must each member contribute and when will the money be due. If multiple payments will be required, enter the addtional payment information in the Additional Information field at the end of this Questionnaire. ### Trustee Information About Your New Revocable Living Trust(Required) Your trust will be a revocable living trust, which means you, aka the trustmaker, can amend the trust from time to time to change successor trustee(s) and/or future beneficiaries. The trust becomes irrevocable (cannot be amended or changed) if you die or lose your mental capacity. Your trust can own any of your assets such as your home, bank account and investment account. Assets owned by the trust pass automatically on death of the current beneficiary or beneficiaries to the person, people or entities named in the trust agreement without the need for an expensive superior court probate. The person who creates the trust is called the trustmaker. The trust agreement we will prepare names you as the trustmaker, the current trustee and the current beneficiary. The trustee (you) is the person who has control of the assets in the trust. The current beneficiary (you) is the person for whom the trustee manages the assets in the trust. Your trust will name the successor trustee(s) who have control of the trust’s assets if you die (or both you and your spouse die) or become mentally incapacitated and the future beneficiary or beneficiaries who will inherit the assets in the trust when you die. If you are married your spouse can be a co-trustee and co-current beneficiary with you, which means if one of you dies the other will continue as the sole current trustee and current beneficiary and the future beneficiary or beneficiaries will not inherit anything until both spouses are deceased. If you have an estate planning trust that has your name in the trust’s name then the trust we create for your Gold LLC will name your estate planning trust as its current and future beneficiary, which means that if you or you and your spouse die all assets in the Gold LLC trust will go to the trustee of your estate planning trust so the family won’t have two trusts. Who Will be the Trustmaker(s) / Trustee(s)?(Required) One person who is single Two people who are married to each other One person who is married The trustmaker is the person who will create the confidential Trust and be its initial trustee. The trustmaker is the person who would be the owner of the LLC if there were no confidential Trust. If a trustmaker is married, the trustmaker's spouse can also be a trustmaker and initial trustee. Trustmaker's / Trustee's Legal Name(Required) Legal name of the person who will create the confidential Trust and be its initial trustee. Trustmaker's / Trustee's Gender(Required) male female Trustmaker's / Trustee's Phone Number(Required) Phone number of the person we should call if we have questions about the LLC or the trust. This number will not be on the public records of the Arizona Corporation Commission. Trustmaker's / Trustee's Email Address(Required) Enter Email Confirm Email Email address of the person we should contact if we have questions about the LLC or the trust. This address will not be on the public records of the Arizona Corporation Commission. Trustmaker's / Trustee's Spouse's Legal Name(Required) Trustmaker's / Trustee's Spouse's Gender(Required) male female Trustmaker's / Trustee's Spouse's Email Address(Required) Enter Email Confirm Email We need the spouse's email address so we can send an email to the spouse asking the spouse to digitally sign documents using DocuSign. **If the spouse does not have an email address then we will send the documents as pdf attachments to an email message that must then be printed and signed with a pen.** How Will the Trustmaker / Trustee Own the Trust & Its Assets?(Required) Community Property Separate Property Arizona law provides that if an Arizona resident is married then all property acquired by a spouse, including interests in LLCs, is community property unless the property is from a gift or an inheritance. If you want to own the trust and its assets as separate property we will prepare a Disclaimer that you must get your spouse to sign in which your spouse acknowledges that the trust and its assets are your separate property. ### Confidential Trust Information Name of the Your New Revocable Living Trust(Required) What is the name of your new trust? The name is not subject to government approval. For example, if your LLC were to be called the World Wide Widgets, LLC, you could call your trust the Widgets Trust. Confidential Trust Member's Ownership Percentage(Required) Enter the percentage of the LLC owned by the trust/member. The total percentage owned by all members must equal 100%. Date of the Trust Agreement(Required) Insert the date of this member's existing trust agreement or today's date if we are being hired to create a new revocable living trust. Do You Have an Existing Estate Planning Trust(Required) Yes No Do You Want Your Existing Estate Planning Trust to be the Beneficiary of the Confidential Trust?(Required) Yes No If you have an existing estate planing trust we recommend that the current beneficiary of the confidential trust be the trustee(s) of the estate planning trust so if the trustee(s) were to die the LLC and other assets owned by the confidential Trust will be transferred to the estate planning trust and pass to the future beneficiary or beneficiaries under that trust. Successor Trustee(s) of Your Confidential Trust(Required)1st Successor Trustee or Co-Trustees 2nd Successor Trustee or Co-Trustees (optional) Add Remove Legal name and relationship of the person or trust company that will become the trustee of the trust if the initial sole trustee or both initial co-trustees cannot serve as trustee. You can name two people to be co-trustees. The 2nd successor trustee(s) become trustee(s) if the initial sole trustee or both initial co-trustees AND no 1st successor trustee can serve as trustee. Enter Your Existing Estate Planning Trust's Name, Names of All Trustees and the Date of the Trust Agreement(Required) Example: Homer A. Simpson and Marge B. Simpson, trustees of the Simpson Family Trust dated September 9, 2015. This information will not be disclosed to the Arizona Corporation Commission. Future Confidential Trust Beneficiary or Beneficiaries After Death of Initial Beneficiary or Beneficiaries(Required) Legal name(s) of the person or people who will be the future beneficiaries of the trust after the death of the initial/current beneficiaries. Usually the future beneficiary is the surviving spouse if the trustmaker is married or children of the trustmaker. **Example**: If you want everything to go equally to your children insert "all to Homer Simpson's children equally" or "all to Homer Simpson and Marge Simpson's children equally." Trustmaker's Mailing Address(Required) Street Address Address Line 2 City AZAlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code This is the address where we will mail correspondence to the trustmaker(s). This address will not be on the public records of the Arizona Corporation Commission. ### Information about the First Member 1st Member is a:(Required) Person (do not select if you are buying a Gold LLC) New Confidential Trust (select if you are buying a Gold LLC) Trust currently in existence LLC Corporation Partnership 1st Member's Confidential Trust's Name(Required) What is the name of your new Confidential Trust? The name is not subject to government approval. For example, if your LLC were to be called the World Wide Widget, LLC, you could call your trust the Widget Trust. 1st Member's Legal Name(Required) What name do you want to appear in the LLC's Articles of Organization for this member? If the member is an entity, the name must be the legal name of the entity such as World Wide Widgets, LLC or Best Widgets, Inc. 1st Member's Gender(Required) male female 1st Member's Ownership Percentage(Required) Enter the percentage of the LLC owned by this member. The total percentage owned by all members must equal 100%. Name of the Existing Trust(Required) What is the name of your existing trust? The name should be stated near the beginning of the trust agreement. 1st Member's Marital Status(Required) Married Single 1st Member's Spouse's Legal Name(Required) 1st Member's Spouse's Gender(Required) male female How will 1st Member Own His/Her Membership in the LLC?(Required) **Community property with right of survivorship**. This is only for married residents of Arizona or California (best option if the couple will own jointly). Each spouse owns an undivided one half interest in the LLC and if one spouse dies the surviving spouse automatically inherits the LLC interest of the deceased spouse without the need for a probate. **Community property WITHOUT the right of survivorship**. This is only for married residents of Arizona, Idaho, Louisiana, Texas, Wisconsin, Nevada, Washington, New Mexico and California. If one spouse dies the LLC interest goes according to the deceased spouse’s will or trust or the law of intestate succession of the decedent’s state of residence if the deceased spouse does not have a will or a trust. **Separate property**. This is for married residents of Arizona, Idaho, Louisiana, Texas, Wisconsin, Nevada, Washington, New Mexico and California. This is for people who live in one of these community property states and who do not want their spouse to own any interest in the LLC. The person named in the 1st member’s name field will own all of the LLC and the other spouse will not own any of the LLC, if and only if the non-owner spouse signs a Disclaimer that we will prepare and insert at the end of the Operating Agreement. **Joint tenancy with right of survivorship**. This is for people who are not residents of Arizona, Idaho, Louisiana, Texas, Wisconsin, Nevada, Washington, New Mexico or California. Each spouse owns an undivided one half interest in the LLC and if one spouse dies the surviving spouse automatically inherits the LLC interest of the deceased spouse without the need for a probate. **One Spouse is the Sole Member/Owner**. This is for people who are not residents of Arizona, Idaho, Louisiana, Texas, Wisconsin, Nevada, Washington, New Mexico or California. The person named as the member (not the person who is the spouse of that member) will be the only person named in the LLC's documents as a member. The law of the member's state of residence determines if the other spouse has any ownership interest in the LLC. Whether the surviving spouse will inherit the membership interest if the member/owner dies depends on the law of the state in which the deceased spouse / member is a resident at the time of death. A probate may be necessary. Arizona law provides that if a spouse who is an Arizona resident acquires property during marriage the property is automatically community property unless the property was acquired as a gift or from an inheritance unless the non-owner spouse signs a disclaimer. Date of the 1st Member's Trust Agreement Insert the date of this member's existing trust agreement or today's date if we are being hired to create a Confidential Trust. Names of Trustee(s) of the Member's Trust(Required) Name(s) of the trustee(s) as set forth in the Trust Agreement or the name(s) of the person or people who will be the initial trustee(s) of the Confidential Trust. The trustee is the person who has total control of all assets in the trust. Successor Trustee(s) of 1st Member's Confidential Trust(Required)1st Successor Trustee or Co-Trustees (required) 2nd Successor Trustee or Co-Trustees (optional) Add Remove Legal name and relationship of the person or trust company that will become the trustee of the trust if the initial sole trustee or both initial co-trustees cannot serve as trustee. You can name two people to be co-trustees. The 2nd successor trustee(s) become trustee(s) if the initial sole trustee or both initial co-trustees AND no 1st successor trustee can serve as trustee. Will the Initial Trustee(s) be the Current Beneficiary/Beneficiaries of the 1st Member's Trust(Required) Yes No Normally the initial trustee(s) is/are the current beneficiary or beneficiaries. The current beneficiary is the person or person who is the ultimate owner of the LLC. Current Confidential Trust Beneficiary(Required) Legal name(s) of the person or people who will be the initial/current beneficiaries of the trust. Usually this is the person who creates the trust and who will be the ultimate owner of the LLC. Could also include the trust maker's spouse. 1st Member's Future Trust Beneficiary(Required) Legal name(s) of the person or people who will be the future beneficiaries of the trust after the death of the initial/current beneficiaries. Usually future beneficiary is the surviving spouse or children of the trust maker. 1st Member's Formation State In what state was the entity formed? Name and Title 1st Member's Signer?(Required) This member must sign the Operating Agreement and the organizational resolutions. Who will sign for the entity and what is the signer's title? For example: Homer Simpson, Member (if the entity is a member managed LLC); Homer Simpson, Manager (if the entity is a manager managed LLC), Homer Simpson, President (if the entity is a corporation) & Homer Simpson, General Partner (if the entity is a limited partnership). Is the 1st Member's Mailing Address the Same as the LLC's Principal Address?(Required) Yes No Is the mailing address of this member the same as the LLC's principal address in Arizona entered above? 1st Member's Mailing Address(Required) Street Address Address Line 2 City AZAlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code The Articles of Organization that becomes a public record must include the address of each member. The address does not have to be in Arizona. It can be a home or business address, a PO box or commercial mail box like the UPS store. If we are forming a Gold LLC this address will not be on the public records of the Arizona Corporation Commission. 1st Member's Phone Number(Required) 1st Member's Email Address(Required) Enter Email Confirm Email 1st Member's Spouse's Email Address(Required) Enter Email Confirm Email Because we will send all members an email message with the Operating Agreement attached for their digital signatures, we need this spouse's email address. **Note**: If you don't know the email address enter abc@def.ghi and send the email address to crk@keytlaw.com when you get it. Is the 1st Member Required to Contribute Money to the LLC? No Yes Arizona law does not require a member of an LLC to contribute money to the company. However, if you want a member to contribute money to the company the member must sign a document that creates the legal obligation to pay money to the LLC. If you want to create a legal obligation for this member to pay money to the LLC select the Yes button and answer the contribution questions that follow. We will then include language in the Operating Agreement that requires this member to make the capital contribution(s). **Note**: If this member is to be obligated to make more than one payment include the future payment amounts and due dates in the Additional Information field at the end of this Questionnaire. 1st Member's Obligation to Pay Money to the LLC(Required)Capital Contribution Amount Due Date of the Contribution Add Remove Enter amount and due date. If the member is required to make more than one payment, click on the + symbol to add another row. ### Information about the Second Member 2nd Member is a: Person New Confidential Trust to keep the ultimate owner's name off the ACC's public record for an additional $497. Available at this price only if you are purchasing a Gold LLC package. Trust currently in existence LLC Corporation Partnership Name of 2nd Member's Confidential Trust What is the name of your new Confidential Trust? The name is not subject to government approval. For example, if your LLC were to be called the World Wide Widget, LLC, you could call your trust the Widget Trust. Name of 2nd Member's Existing Trust What is the name of your existing trust? The name must be the legal name of the trust. The name should be stated near the beginning of the trust agreement. 2nd Member's Legal Name(Required) What name do you want to appear in the LLC's Articles of Organization for this member? If the member is a trust, the name must be the legal name of the trust. If the member is an entity, the name must be the legal name of the entity such as World Wide Widgets, LLC or Best Widgets, Inc. 2nd Member's Gender(Required) male female 2nd Member's Ownership Percentage(Required) Enter the percentage of the LLC owned by this member. The total percentage owned by all members must equal 100%. 2nd Member's Marital Status(Required) Married Single 2nd Member's Spouse's Legal Name(Required) 2nd Member's Spouse's Gender(Required) male female How will 2nd Member Own His/Her Membership in the LLC?(Required) **Community property with right of survivorship**. This is only for married residents of Arizona or California (best option if the couple will own jointly). Each spouse owns an undivided one half interest in the LLC and if one spouse dies the surviving spouse automatically inherits the LLC interest of the deceased spouse without the need for a probate. **Community property WITHOUT the right of survivorship**. This is only for married residents of Arizona, Idaho, Louisiana, Texas, Wisconsin, Nevada, Washington, New Mexico and California. If one spouse dies the LLC interest goes according to the deceased spouse’s will or trust or the law of intestate succession of the decedent’s state of residence if the deceased spouse does not have a will or a trust. **Separate property**. This is for married residents of Arizona, Idaho, Louisiana, Texas, Wisconsin, Nevada, Washington, New Mexico and California. This is for people who live in one of these community property states and who do not want their spouse to own any interest in the LLC. The person named in the 2nd member’s name field will own all of the LLC and the other spouse will not own any of the LLC, if and only if the non-owner spouse signs a Disclaimer that we will prepare and insert at the end of the Operating Agreement. **Joint tenancy with right of survivorship**. This is for people who are not residents of Arizona, Idaho, Louisiana, Texas, Wisconsin, Nevada, Washington, New Mexico or California. Each spouse owns an undivided one half interest in the LLC and if one spouse dies the surviving spouse automatically inherits the LLC interest of the deceased spouse without the need for a probate. **One Spouse is the Sole Member/Owner**. This is for people who are not residents of Arizona, Idaho, Louisiana, Texas, Wisconsin, Nevada, Washington, New Mexico or California. The person named as the member (not the person who is the spouse of that member) will be the only person named in the LLC's documents as a member. The law of the member's state of residence determines if the other spouse has any ownership interest in the LLC. Whether the surviving spouse will inherit the membership interest if the member/owner dies depends on the law of the state in which the deceased spouse / member is a resident at the time of death. A probate may be necessary. If the spouses own as community property then if one spouse dies the other spouse automatically becomes the sole owner of the membership interest without the need for a probate and there may be an income tax advantage. Community property ownership means that if the spouses divorce each spouse is entitled to one half the value of their joint ownership interest in the LLC. Date of the 2nd Member's Trust Agreement Insert the date of this member's existing trust agreement or today's date if we are being hired to create a Confidential Trust. Names of Trustee(s) of the 2nd Member's Trust(Required) Legal name and relationship of the person or trust company that will become the trustee of the trust if the initial sole trustee or both initial co-trustees cannot serve as trustee. You can name two people to be co-trustees. The 2nd successor trustee(s) become trustee(s) if the initial sole trustee or both initial co-trustees AND no 1st successor trustee can serve as trustee. Successor Trustee(s) of 2nd Member's Confidential Trust(Required)1st Successor Trustee or Co-Trustees (required) 2nd Successor Trustee or Co-Trustees (optional) Add Remove Legal name and relationship of the person or trust company that will become the trustee of the trust if the initial sole trustee or both initial co-trustees cannot serve as trustee. You can name two people to be co-trustees. The 2nd successor trustee(s) become trustee(s) if the initial sole trustee or both initial co-trustees AND no 1st successor trustee can serve as trustee. Who Is the Current Beneficiary of the 2nd Member's Trust?(Required) The trustee(s) named above Somebody other than the trustee(s) named above Will the current beneficiary or beneficiaries of the trust be the trustee(s) named above? Normally the initial trustee(s) is/are the current beneficiary or beneficiaries. The current beneficiary is the person or person who is the ultimate owner of the LLC. 2nd Member's Current Trust Beneficiary(Required) Legal name(s) of the person or people who will be the initial/current beneficiaries of the trust. Usually this is the person who creates the trust and who will be the ultimate owner of the LLC. Could also include the trust maker's spouse. 2nd Member's Future Trust Beneficiary(Required) Legal name(s) of the person or people who will be the future beneficiaries of the trust after the death of the initial/current beneficiaries. Usually future beneficiary is the surviving spouse or children of the trust maker. 2nd Member's Formation State(Required) In what state was the entity formed? Name and Title of 2nd Member's Signer?(Required) This member must sign the Operating Agreement and the organizational resolutions. Who will sign for the entity and what is the signer's title? For example: Homer Simpson, Member (if the entity is a member managed LLC); Homer Simpson, Manager (if the entity is a manager managed LLC), Homer Simpson, President (if the entity is a corporation) & Homer Simpson, General Partner (if the entity is a limited partnership). Is the 2nd Member's Mailing Address the Same as LLC's Principal Address?(Required) Yes No Is the address of this member the same as the LLC's principal address in Arizona entered above? 2nd Member's Mailing Address(Required) Street Address Address Line 2 City AZAlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code The Articles of Organization that becomes a public record must include the address of each member. The address does not have to be within Arizona and can be a home or business address or a PO box or commercial mail box like the UPS store. If we are forming a Gold LLC this address will not be on the public records of the Arizona Corporation Commission. 2nd Member's Phone Number 2nd Member's Email Address Enter Email Confirm Email 2nd Member's Spouse's Email Address(Required) Enter Email Confirm Email Because we will send all members an email message with the Operating Agreement attached for their digital signatures, we need this spouse's email address. **Note**: If you don't know the email address enter abc@def.ghi and send the email address to crk@keytlaw.com when you get it. Is the 2nd Member Required to Contribute Money to the LLC?(Required) No Yes Arizona law does not require a member of an LLC to contribute money to the company. However, if you want a member to contribute money to the company the member must sign a document that creates the legal obligation to pay money to the LLC. If you want to create a legal obligation for this member to pay money to the LLC select the Yes button and answer the contribution questions that follow. We will then include language in the Operating Agreement that requires this member to make the capital contribution(s). **Note**: If this member is to be obligated to make more than one payment include the future payment amounts and due dates in the Additional Information field at the end of this Questionnaire. 2nd Member's Obligation to Pay Money to the LLC(Required)Capital Contribution Amount Due Date of the Contribution Add Remove Enter amount and due date. If the member is required to make more than one payment, click on the + symbol to add another row. ### Information about the Third Member 3rd Member is a: Person New Confidential Trust to keep the ultimate owner's name off the ACC's public record for an additional $497. Available at this price only if you are purchasing a Gold LLC package. Trust currently in existence LLC Corporation Partnership Name of 3rd Member's Confidential Trust(Required) What is the name of your new Confidential Trust? The name is not subject to government approval. For example, if your LLC were to be called the World Wide Widget, LLC, you could call your trust the Widget Trust. Name of 3rd Member's Existing Trust(Required) What is the name of your existing trust? The name must be the legal name of the trust. The name should be stated near the beginning of the trust agreement. 3rd Member's Legal Name(Required) What name do you want to appear in the LLC's Articles of Organization for this member? If the member is a trust, the name must be the legal name of the trust. If the member is an entity, the name must be the legal name of the entity such as World Wide Widgets, LLC or Best Widgets, Inc. 3rd Member's Gender(Required) male female 3rd Member's Ownership Percentage(Required) Enter the percentage of the LLC owned by this member. The total percentage owned by all members must equal 100%. 3rd Member's Marital Status(Required) Married Single 3rd Member's Spouse's Legal Name 3rd Member's Spouse's Gender(Required) male female 3rd Member's Spouse's Gender(Required) male female How will 3rd Member Own His/Her Membership in the LLC?(Required) **Community property with right of survivorship**. This is only for married residents of Arizona or California (best option if the couple will own jointly). Each spouse owns an undivided one half interest in the LLC and if one spouse dies the surviving spouse automatically inherits the LLC interest of the deceased spouse without the need for a probate. **Community property WITHOUT the right of survivorship**. This is only for married residents of Arizona, Idaho, Louisiana, Texas, Wisconsin, Nevada, Washington, New Mexico and California. If one spouse dies the LLC interest goes according to the deceased spouse’s will or trust or the law of intestate succession of the decedent’s state of residence if the deceased spouse does not have a will or a trust. **Separate property**. This is for married residents of Arizona, Idaho, Louisiana, Texas, Wisconsin, Nevada, Washington, New Mexico and California. This is for people who live in one of these community property states and who do not want their spouse to own any interest in the LLC. The person named in the 3rd member’s name field will own all of the LLC and the other spouse will not own any of the LLC, if and only if the non-owner spouse signs a Disclaimer that we will prepare and insert at the end of the Operating Agreement. **Joint tenancy with right of survivorship**. This is for people who are not residents of Arizona, Idaho, Louisiana, Texas, Wisconsin, Nevada, Washington, New Mexico or California. Each spouse owns an undivided one half interest in the LLC and if one spouse dies the surviving spouse automatically inherits the LLC interest of the deceased spouse without the need for a probate. **One Spouse is the Sole Member/Owner**. This is for people who are not residents of Arizona, Idaho, Louisiana, Texas, Wisconsin, Nevada, Washington, New Mexico or California. The person named as the member (not the person who is the spouse of that member) will be the only person named in the LLC's documents as a member. The law of the member's state of residence determines if the other spouse has any ownership interest in the LLC. Whether the surviving spouse will inherit the membership interest if the member/owner dies depends on the law of the state in which the deceased spouse / member is a resident at the time of death. A probate may be necessary. Arizona law provides that if a spouse who is an Arizona resident acquires property during marriage the property is automatically community property unless the property was acquired as a gift or from an inheritance unless the non-owner spouse signs a disclaimer. Date of the 3rd Member's Trust Agreement(Required) Insert the date of this member's existing trust agreement or today's date if we are being hired to create a Confidential Trust. Names of Trustee(s) of the 3rd Member's Trust(Required) Legal name and relationship of the person or trust company that will become the trustee of the trust if the initial sole trustee or both initial co-trustees cannot serve as trustee. You can name two people to be co-trustees. The 2nd successor trustee(s) become trustee(s) if the initial sole trustee or both initial co-trustees AND no 1st successor trustee can serve as trustee. Successor Trustee(s) of 3rd Member's Confidential Trust(Required)1st Successor Trustee or Co-Trustees (required) 2nd Successor Trustee or Co-Trustees (optional) Add Remove Legal name and relationship of the person or trust company that will become the trustee of the trust if the initial sole trustee or both initial co-trustees cannot serve as trustee. You can name two people to be co-trustees. The 2nd successor trustee(s) become trustee(s) if the initial sole trustee or both initial co-trustees AND no 1st successor trustee can serve as trustee. Who Is the Current Beneficiary of the 3rd Member's Trust?(Required) The trustee(s) named above Somebody other than the trustee(s) named above Will the current beneficiary or beneficiaries of the trust be the trustee(s) named above? Normally the initial trustee(s) is/are the current beneficiary or beneficiaries. The current beneficiary is the person or person who is the ultimate owner of the LLC. 3rd Member's Current Trust Beneficiary(Required) Legal name(s) of the person or people who will be the initial/current beneficiaries of the trust. Usually this is the person who creates the trust and who will be the ultimate owner of the LLC. Could also include the trust maker's spouse. 3rd Member's Future Trust Beneficiary(Required) Legal name(s) of the person or people who will be the future beneficiaries of the trust after the death of the initial/current beneficiaries. Usually future beneficiary is the surviving spouse or children of the trust maker. 3rd Member's Formation State(Required) In what state was the entity formed? Name and Title of 3rd Member's Signer?(Required) This member must sign the Operating Agreement and the organizational resolutions. Who will sign for the entity and what is the signer's title? For example: Homer Simpson, Member (if the entity is a member managed LLC); Homer Simpson, Manager (if the entity is a manager managed LLC), Homer Simpson, President (if the entity is a corporation) & Homer Simpson, General Partner (if the entity is a limited partnership). Is the 3rd Member's Mailing Address the Same as LLC's Principal Address?(Required) Yes No Is the mailing address of this member the same as the LLC's principal address in Arizona entered above? 3rd Member's Mailing Address(Required) Street Address Address Line 2 City AZAlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code The Articles of Organization that becomes a public record must include the address of each member. The address does not have to be within Arizona and can be a home or business address or a PO box or commercial mail box like the UPS store. If we are forming a Gold LLC this address will not be on the public records of the Arizona Corporation Commission. 3rd Member's Phone Number(Required) 3rd Member's Email Address(Required) Enter Email Confirm Email 3rd Member's Spouse's Email Address(Required) Enter Email Confirm Email Because you said you want us to prepare the Operating Agreement for digital signatures of the members and this member is married, we need the spouse's email address to email the Operating Agreement to this member's spouse. **Note**: If you don't know the email address enter abc@def.ghi and send the email address to crk@keytlaw.com when you get it. Is the 3rd Member Required to Contribute Money to the LLC?(Required) No Yes Arizona law does not require a member of an LLC to contribute money to the company. However, if you want a member to contribute money to the company the member must sign a document that creates the legal obligation to pay money to the LLC. If you want to create a legal obligation for this member to pay money to the LLC select the Yes button and answer the contribution questions that follow. We will then include language in the Operating Agreement that requires this member to make the capital contribution(s). **Note**: If this member is to be obligated to make more than one payment include the future payment amounts and due dates in the Additional Information field at the end of this Questionnaire. 3rd Member's Obligation to Pay Money to the LLC(Required)Capital Contribution Amount Due Date of the Contribution Add Remove Enter amount and due date. If the member is required to make more than one payment, click on the + symbol to add another row. ### Information about the Fourth Member 4th Member is a: Person New Confidential Trust to keep the ultimate owner's name off the ACC's public record for an additional $497. Available at this price only if you are purchasing a Gold LLC package. Trust currently in existence LLC Corporation Partnership Name of 4th Member's Confidential Trust(Required) What is the name of your new Confidential Trust? The name is not subject to government approval. For example, if your LLC were to be called the World Wide Widget, LLC, you could call your trust the Widget Trust. Name of 4th Member's Existing Trust(Required) What is the name of your existing trust? The name must be the legal name of the trust. The name should be stated near the beginning of the trust agreement. 4th Member's Legal Name(Required) What name do you want to appear in the LLC's Articles of Organization for this member? If the member is a trust, the name must be the legal name of the trust. If the member is an entity, the name must be the legal name of the entity such as World Wide Widgets, LLC or Best Widgets, Inc. 4th Member's Gender(Required) male female 4th Member's Ownership Percentage(Required) Enter the percentage of the LLC owned by this member. The total percentage owned by all members must equal 100%. 4th Member's Marital Status(Required) Married Single 4th Member's Spouse's Legal Name 4th Member's Spouse's Gender(Required) male female How will 4th Member Own His/Her Membership in the LLC?(Required) **Community property with right of survivorship**. This is only for residents of Arizona or California (best option if the couple will own jointly). Each spouse owns an undivided one half interest in the LLC and if one spouse dies the surviving spouse automatically inherits the LLC interest of the deceased spouse without the need for a probate. **Community property WITHOUT the right of survivorship**. This is only for married residents of Arizona, Idaho, Louisiana, Texas, Wisconsin, Nevada, Washington, New Mexico and California. If one spouse dies the LLC interest goes according to the deceased spouse’s will or trust or the law of intestate succession of the decedent’s state of residence if the deceased spouse does not have a will or a trust. **Separate property**. This is for married residents of Arizona, Idaho, Louisiana, Texas, Wisconsin, Nevada, Washington, New Mexico and California. This is for people who live in one of these community property states and who do not want their spouse to own any interest in the LLC. The person named in the 4th member’s name field will own all of the LLC and the other spouse will not own any of the LLC, if and only if the non-owner spouse signs a Disclaimer that we will prepare and insert at the end of the Operating Agreement. **Joint tenancy with right of survivorship**. This is for people who are not residents of Arizona, Idaho, Louisiana, Texas, Wisconsin, Nevada, Washington, New Mexico or California. Each spouse owns an undivided one half interest in the LLC and if one spouse dies the surviving spouse automatically inherits the LLC interest of the deceased spouse without the need for a probate. **One Spouse is the Sole Member/Owner**. This is for people who are not residents of Arizona, Idaho, Louisiana, Texas, Wisconsin, Nevada, Washington, New Mexico or California. The person named as the member (not the person who is the spouse of that member) will be the only person named in the LLC's documents as a member. The law of the member's state of residence determines if the other spouse has any ownership interest in the LLC. Whether the surviving spouse will inherit the membership interest if the member/owner dies depends on the law of the state in which the deceased spouse / member is a resident at the time of death. A probate may be necessary. Arizona law provides that if a spouse who is an Arizona resident acquires property during marriage the property is automatically community property unless the property was acquired as a gift or from an inheritance unless the non-owner spouse signs a disclaimer. Date of the 4th Member's Trust Agreement(Required) Insert the date of this member's existing trust agreement or today's date if we are being hired to create a Confidential Trust. Names of Trustee(s) of the 4th Member's Trust(Required) Legal name and relationship of the person or trust company that will become the trustee of the trust if the initial sole trustee or both initial co-trustees cannot serve as trustee. You can name two people to be co-trustees. The 2nd successor trustee(s) become trustee(s) if the initial sole trustee or both initial co-trustees AND no 1st successor trustee can serve as trustee. Successor Trustee(s) of 4th Member's Confidential Trust(Required)1st Successor Trustee or Co-Trustees (required) 2nd Successor Trustee or Co-Trustees (optional) Add Remove Legal name and relationship of the person or trust company that will become the trustee of the trust if the initial sole trustee or both initial co-trustees cannot serve as trustee. You can name two people to be co-trustees. The 2nd successor trustee(s) become trustee(s) if the initial sole trustee or both initial co-trustees AND no 1st successor trustee can serve as trustee. Who is the Current Beneficiary of the 4th Member's Trust(Required) The trustee(s) named above Somebody other than the trustee(s) named above Will the current beneficiary or beneficiaries of the trust be the trustee(s) named above? Normally the initial trustee(s) is/are the current beneficiary or beneficiaries. The current beneficiary is the person or person who is the ultimate owner of the LLC. 4th Member's Current Trust Beneficiary(Required) Legal name(s) of the person or people who will be the initial/current beneficiaries of the trust. Usually this is the person who creates the trust and who will be the ultimate owner of the LLC. Could also include the trust maker's spouse. 4th Member's Future Trust Beneficiary(Required) Legal name(s) of the person or people who will be the future beneficiaries of the trust after the death of the initial/current beneficiaries. Usually future beneficiary is the surviving spouse or children of the trust maker. 4th Member's Formation State(Required) In what state was the entity formed? Name and Title of 4th Member's Signer?(Required) This member must sign the Operating Agreement and the organizational resolutions. Who will sign for the entity and what is the signer's title? For example: Homer Simpson, Member (if the entity is a member managed LLC); Homer Simpson, Manager (if the entity is a manager managed LLC), Homer Simpson, President (if the entity is a corporation) & Homer Simpson, General Partner (if the entity is a limited partnership). Is the 4th Member's Mailing Address the Same as LLC's Principal Address?(Required) Yes No Is the mailing address of this member the same as the LLC's principal address in Arizona entered above? 4th Member's Mailing Address(Required) Street Address Address Line 2 City AZAlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code The Articles of Organization that becomes a public record must include the address of each member. The address does not have to be within Arizona and can be a home or business address or a PO box or commercial mail box like the UPS store. If we are forming a Gold LLC this address will not be on the public records of the Arizona Corporation Commission. 4th Member's Phone Number(Required) 4th Member's Email Address(Required) Enter Email Confirm Email 4th Member's Spouse's Email Address(Required) Enter Email Confirm Email Because you said you want us to prepare the Operating Agreement for digital signatures of the members and this member is married, we need the spouse's email address to email the Operating Agreement to this member's spouse. **Note**: If you don't know the email address enter abc@def.ghi. Is the 4th Member Required to Contribute Money to the LLC?(Required) No Yes Arizona law does not require a member of an LLC to contribute money to the company. However, if you want a member to contribute money to the company the member must sign a document that creates the legal obligation to pay money to the LLC. If you want to create a legal obligation for this member to pay money to the LLC select the Yes button and answer the contribution questions that follow. We will then include language in the Operating Agreement that requires this member to make the capital contribution(s). **Note**: If this member is to be obligated to make more than one payment include the future payment amounts and due dates in the Additional Information field at the end of this Questionnaire. 4th Member's Obligation to Pay Money to the LLC(Required)Capital Contribution Amount Due Date of the Contribution Add Remove Enter amount and due date. If the member is required to make more than one payment, click on the + symbol to add another row. ### Information about the Manager(s) The LLC must have at least one manager. The manager can be a person, corporation, another LLC, a trust or a partnership. The manager does not have to be an owner (member) of the LLC. **Note**: Only managers have the legal power to sign contracts and bind the LLC on legal obligations. If you want a person to be able to sign contracts on behalf of the LLC that person must be a manager. If a trust is a manager then the trustees of the trust can sign documents as a manager. Name & Address of All Managers(Required)Manager's Name Manager's Address Add Remove Type the name and address of every manager. If the address is the same as a member enter the text: "same as 1st member" in the address field. If the LLC will have more than one manager click on the + icon at the right of the address field to add a new manager line. Managers' Names & Addresses(Required) I understand that the name(s) and address(es) of all manager(s) must be stated in the company's Articles of Organization and become part of the public record. Is any Manager a Person? Yes No Do You Want to Name an Alternate Manager to Replace a Deceased or Mentally Incompetent Manager? Yes No Do You Want to Name an Alternate Manager to Replace a Deceased or Mentally Incompetent Manager? Name(s) of Replacement Manager(s)(Required)Current Manager Replacement Manager Add Remove If your company has more than one manager for whom you want to name a replacement manager click on the + symbol to add another row. ### Contact Person Name & Phone Number of the Person We Should Contact if We Have Questions(Required)Contact's Name Phone Number Name & Mailing Address of the Person We Mail the Portfolio to(Required)Name Mailing Address Who Does Richard Keyt Represent? The LLC, but not any of the members or managers. 1st Member (and spouse if married), but not any other member, manager or the LLC. 2nd Member (and spouse if married), but not any other member, manager or the LLC. Select the appropriate button to tell Richard Keyt who he represents as his client. Richard Keyt can only represent one party. He can represent only the LLC or one of its members. Who is Richard Keyt's Client? The LLC, but not any of the members or managers. 1st Member (and spouse if married), but not any other member, manager or the LLC. 2nd Member (and spouse if married), but not any other member, manager or the LLC. 3rd Member (and spouse if married), but not any other member, manager or the LLC. Select the appropriate button to tell Richard Keyt who he represents as his client. Richard Keyt can only represent one party. He can represent only the LLC or one of its members. Who is the Client of Richard Keyt? The LLC, but not any of the members or managers. 1st Member (and spouse if married), but not any other member, manager or the LLC. 2nd Member (and spouse if married), but not any other member, manager or the LLC. 3rd Member (and spouse if married), but not any other member, manager or the LLC. 4th Member (and spouse if married), but not any other member, manager or the LLC. Select the appropriate button to tell Richard Keyt who he represents as his client. Richard Keyt can only represent one party, i.e., the LLC or one member. ### Who Will Be the LLC's Partnership Representative? The Bipartisan Budget Act of 2015 made major changes to the way the IRS audits LLCs taxed as partnerships. One of the changes requires that LLCs taxed as partnerships name a person who has a substantial presence in the United States to be the LLC's Partnership Representative. Although the Partnership Representative does not have to be a member of the LLC, we recommend that a member be the Partnership Representative. If the LLC is audited the IRS will only deal with the Partnership Representative. If your LLC will be taxed as a partnership and it fails to name a Partnership Representative the IRS will name somebody to be your LLC's Partnership Representative. You don't want the IRS to pick somebody you don't know who has the power to consent to an IRS audit that says the LLC owns additional taxes. Which Statement Applies to the LLC? We don't know how the LLC will be taxed at this time, but will name a Partnership Representative in case we don't elect to be taxed as a C or S corporation. The LLC will be taxed as a partnership. The LLC will be taxed as an S corporation or a C corporation. The IRS default method of federal income tax for a multi-member LLC is the partnership method. If the members of a multi-member LLC do not want their LLC to be taxed as a partnership they can cause the LLC to file an IRS form 8832 to elect the C corporation tax method or IRS form 2553 to elect the S corporation tax method (if the LLC is eligible). Who Will be the LLC's Partnership Representative if It is Audited by the IRS? ### Miscellaneous Information Can We Send the Contact Person Text Messages? KEYTLaw may send text messages to the contact person with information about LLCs and promotional information about legal services. No Do You Want to Give Us Any Additional Information? Yes No Do you need another field to enter information about additional members or capital contributions or any other information you want us to know? If you are forming more than one LLC and their information is the same, enter the name(S) of the other LLC(s) in the Additional Information field. Additional LLC or Member Information For Arizona Residents: Learn Who Will Inherit Your Assets if You Die Without a Will or Trust If you are a resident of Arizona and would like to learn who will inherit your assets if you die without a will or a trust take our short online [Who Will Inherit Your Property](https://www.arizona-wills.com/inherits/) quiz. For Arizona Residents: Hire Us to Draft Your Custom Estate Plan to Protect Your Most Valuable Assets - Your Loved Ones If you do not adopt a will, a trust, and a custom estate plan, your loved ones will pay the price of your failure to plan for the inevitable. We all procrastinate, but bad things can happen to your loved ones if you do not have an estate plan that protects them. See the [ price and the 34 documents and services ](https://www.keytlaw.com/ep-contents/) we give Arizona residents who purchase our comprehensive estate plan with a revocable living trust that avoids an expensive public probate. To book a free office, phone, or Zoom video meeting to answer your questions about wills, trusts, and estate plans, go to our[ online calendar](https://www.keytlaw.com/calendar/). See the [estate plan questionnaire](https://www.arizona-wills.com/q/) we ask people to complete before their free consultation. Get a $1,000 Discount Off Our Comprehensive Estate Plan Because you are purchasing a Gold LLC you will get a $1,000 discount off the price of our wills, trust and estate planning package if you pay for your estate plan within 120 days of the date you pay for your Gold LLC. See the [ contents and price](https://www.keytlaw.com/ep-contents/) 34 documents & services in our estate plan package. To book a free office, phone or Zoom video meeting to answer your questions about wills & trusts go to our[ online calendar](https://www.keytlaw.com/calendar/). See the [estate plan questionnaire](https://www.arizona-wills.com/q/) we ask people to complete before their free consultation. Do You Have a Family Member or Friend Who Needs a Will or a Trust? If you know any Arizona resident who needs an estate plan send him or her an email or text that suggests he or she call estate planning attorney [ Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) at 480-664-7472 or make a free appointment with him using his online calendar at . Email Address of the Person to Whom We Will Email this Questionnaire(Required) Enter Email Confirm Email We will send this Questionnaire to this email address for review and approval. Check your spam folder if you don't see our email in your in basket. ### Submit this Questionnaire Before You Pay When you submit the questionnaire our system will send you an email for your review that has all the data you entered into this form. At that time you can click on the payment link below and pay. How to Pay for Your Special Warranty Deed(s)(Required) To pay for your deed(s) click on the link to our payment page below then scroll down on the order form to the Special Warranty Deed and click on the Add to Order icon. If you are buying more than one deed select the number of deeds in the quantity box. How to Pay $497 for Your Bronze LLC(Required) Go to our [secure order page](https://keytlaw.infusionsoft.com/app/orderForms/bronze-llc) to pay for your Bronze LLC with your major credit card. You may also give your credit card information by calling our legal assistant at 480-664-7846. How to Pay $597 for Your Bronze LLC & Address Service(Required) Go to our [secure order page](https://keytlaw.infusionsoft.com/app/orderForms/bronze-llc-address) to pay for your Bronze LLC with your major credit card. You may also give your credit card information by calling our legal assistant at 480-664-7846. How to Pay $897 for Your Silver LLC Go to our [secure order page](https://keytlaw.infusionsoft.com/app/orderForms/llc-silver) to pay for your Silver LLC with your major credit card. You may also give us your credit card information by calling our legal assistant at 480-664-7846. How to Pay $1,192 for Your Silver LLC & Deed Go to our [secure order page](https://keytlaw.infusionsoft.com/app/orderForms/llc-silver) to pay for your Silver LLC with your major credit card. You may also give us your credit card information by calling our legal assistant at 480-664-7846. How to Pay $997 for Your Silver LLC + Our Address Service Go to our [secure order page](https://keytlaw.infusionsoft.com/app/orderForms/llcsilver) to pay for your Silver LLC & address service with your major credit card. You may also give us your credit card information by calling our legal assistant at 480-664-7846. How to Pay $1,397 for Your Gold LLC Go to our [secure order page](https://keytlaw.infusionsoft.com/app/orderForms/llc-gold) to pay for your Gold LLC with your major credit card. You may also give us your credit card information by calling our legal assistant at 480-664-7846. How to Pay for Your LLCs Go to our [secure order page](https://secure.lawpay.com/pages/keytlaw/operating) to pay for your LLCs with your major credit card. You may also give us your credit card information by calling our legal assistant at 480-664-7846. How to Pay for Your LLCs Go to our [secure order page](https://secure.lawpay.com/pages/keytlaw/operating) to pay for your LLCs with your major credit card. You may also give us your credit card information by calling our legal assistant at 480-664-7846. How to Pay for Your LLCs Go to our [secure order page](https://secure.lawpay.com/pages/keytlaw/operating) to pay for your LLCs with your major credit card. You may also give us your credit card information by calling our legal assistant at 480-664-7846. ### End of Questionnaire You are done. Click the Submit button below to send your Questionnaire to Arizona LLC attorney Richard Keyt and a copy to the email address entered above the payment text. Submit Questionnaire Save and Continue Later ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona LLC Center: Form, Operate & Protect Your Arizona LLC](https://www.keytlaw.com/arizona-llc-center/) **Published:** July 22, 2026 **Author:** Richard Keyt **Content:** # Arizona LLC Center: Form, Operate & Protect Your Arizona LLC By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). **Last updated July 22, 2026, by [Richard Keyt](https://www.keytlaw.com/richard-keyt), Arizona LLC attorney** **Everything Arizona business owners need to form, operate, protect and eventually close an Arizona LLC — in one place.** Arizona LLC attorneys Richard Keyt and his son, attorney and former CPA Richard C. Keyt, have formed 10,000+ Arizona LLCs since Rick filed the [Articles of Organization](https://www.azleg.gov/ars/29/03201.htm) for the very first Arizona LLC in October of 1992, the day Arizona's LLC law took effect. To form an Arizona LLC you must file Articles of Organization with the [Arizona Corporation Commission](https://azcc.gov/corporations/home), appoint a [statutory agent](https://www.azleg.gov/ars/29/03115.htm) who has a physical Arizona street address, and pay the state's one-time filing fee of $50 for regular processing or $85 for expedited processing. Unlike most states, Arizona does not require LLCs to file an annual report or pay any recurring annual state fee. This page is the master directory to our LLC articles, FAQs, formation packages, questionnaires and hire-us services. Call 480-664-7478, email , or submit our online questionnaire at [keytlaw.com/llcq](https://www.keytlaw.com/llcq/) and we will form your LLC the same day we are hired and paid. **Ready to form your Arizona LLC or PLLC today?** [Hire Us to Form an LLC](https://www.keytlaw.com/llcq/) [See Our 3 Packages & Fees](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) [Book a Free Meeting](https://www.keytlaw.com/calendar) Or call Richard Keyt (father) at 480-664-7478 or Richard C. Keyt (son) at 480-664-7472. We don't charge to talk to people. ## What Do You Want to Do? Click any blue-gold link below to jump to that section of this page. - [Form an Arizona LLC or PLLC](#form) - [Compare our 3 LLC formation packages & fees](#packages) - [Hire us — all of our LLC questionnaires in one table](#hire) - [Read our Arizona LLC article & FAQ library](#library) - [Get a custom LLC Operating Agreement](#oa) - [Get a Buy-Sell Agreement for a multi-member LLC](#bsa) - [Add or remove a member of an existing LLC](#members) - [Amend Articles of Organization or change an address](#amend) - [Put rental property or land into an LLC](#realestate) - [Hire us as your statutory agent or use our address](#agent) - [Form an IRA LLC or a Wyoming, Delaware or Nevada LLC](#other) - [Dissolve and terminate an Arizona LLC](#dissolve) - [Arizona Corporation Commission website links](#acc) - [Answers to the 10 most common Arizona LLC questions](#faqs) --- ## Form an Arizona LLC or PLLC Filing the paperwork is the easy part. Structuring an LLC so that it actually protects your home, your savings and your rental real estate is the part that requires legal judgment — especially the [Operating Agreement](https://www.azleg.gov/ars/29/03105.htm), which is where most do-it-yourself and discount filing services fall short. Arizona has its own statutes, its own default rules and its own community property law. A mistake made at formation is what plaintiffs' lawyers later use to pierce the corporate veil and reach the owner's personal assets. We don't just file paperwork. We build the legal structure. ### Start Here - [Arizona LLC Guide: How to Form an LLC in Arizona](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) — our main step-by-step guide - [Arizona LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/) — 40+ answers written by two Arizona LLC attorneys - [Complete Guide to Forming and Operating an Arizona LLC](https://www.keytlaw.com/form-arizona-llc/) - [Complete Guide to Operating and Managing Your Arizona LLC](https://www.keytlaw.com/operating-arizona-llc/) - [15 Common LLC Mistakes](https://www.keytlaw.com/azllclaw/mistakes/) — free article - [Members, Managers & Statutory Agents: Who Does What](https://www.keytlaw.com/arizona-llc-members-managers-statutory-agents/) --- ## Our 3 Arizona LLC Formation Packages Every package is drafted and supervised by an Arizona attorney, includes a custom [Operating Agreement](https://www.azleg.gov/ars/29/03105.htm) delivered through DocuSign, includes free [statutory agent](https://www.azleg.gov/ars/29/03115.htm) service for the first year, and includes free lifetime attorney Q&A. None of our LLCs require a newspaper publication because our address is in Maricopa County. What You GetBronze $497Silver $897Gold $1,397Articles of Organization filed the same day you hire usYesYesYesCustom attorney-drafted Operating Agreement via DocuSignYesYesYesFree statutory agent service, year one ($99/year after)YesYesYesNo need to give the ACC two forms of IDYesYesYesBank account opening instructionsYesYesYesFree attorney Q&A before and after formationYesYesYesEIN obtained from the IRSAdd $75YesYesMinutes of the first owners' meetingNoYesYesMembership certificates for each ownerNoYesYes170-page Arizona LLC Operations Manual ebookNoYesYes50 LLC compliance alert emails over 3 monthsNoYesYesFree LLC Legal Audit (83 questions, 32 tasks, 29 alerts)NoYesYesPhysical LLC portfolio mailed to youNoYesYesYour name & address kept off the ACC's public recordsNoNoYesRevocable living trust drafted by an Arizona attorneyNoNoYesLLC & trust assets pass to your heirs without probateNoNoYesCertification of Trust preparedNoNoYes **Choose Bronze** if you want attorney-supervised formation at the lowest price and you are comfortable getting your own EIN. **Choose Silver** if you want the complete package most business owners need. It is our most popular package. **Choose Gold** — the Confidential LLC — if you want your name and address kept off the [Arizona Corporation Commission](https://azcc.gov/corporations/home)'s publicly searchable records, or you want your LLC and your other assets to pass to your heirs without a Superior Court probate. At $1,397 you get a properly formed LLC and a revocable living trust, which is the cornerstone of an Arizona estate plan, for a combined price that is a fraction of what most attorneys charge for the trust alone. See the fees and contents of our [3 LLC Formation Packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/). --- ## Hire Us: All of Our LLC Questionnaires Every service below starts with an online questionnaire. Submit it and we will email you a copy of everything you entered so you can review it before we do the work. What You Want DoneQuestionnaireForm an Arizona LLC or PLLC[LLC Formation Questionnaire](https://www.keytlaw.com/llcq/)Get a custom Operating Agreement or amend an existing one[Operating Agreement Questionnaire](https://azllc.com/oaq/)Get a Buy-Sell Agreement for a multi-member LLC[Buy-Sell Agreement Questionnaire](https://azllc.com/bsaq/)Name who inherits your membership interest when you die[LLC Beneficiary Designation Questionnaire](https://azllc.com/bdf/)Add or remove a member or manager[Member Change Questionnaire](https://azllc.com/changeq)Amend Articles of Organization or change the LLC's name[Amending Articles of Organization Questionnaire](https://www.keytlaw.com/azllclaw/aaoo-q/)Change an LLC, member or manager address at the ACC[Address Change Questionnaire](https://www.keytlaw.com/azllclaw/address-change/)Buy a confidential revocable living trust to own an LLC interest[Confidential Trust Questionnaire](https://www.keytlaw.com/azllclaw/ct-questionnaire/)Hire us as your statutory agent for $99/year[Statutory Agent Questionnaire](https://www.keytlaw.com/arizona-statutory-agent/)Use our address for $100/year to keep yours off public records[Address Service Questionnaire](https://www.keytlaw.com/azllclaw/addressq/)Form an Arizona IRA LLC[IRA LLC Formation Questionnaire](https://www.irallcs.com/qaz/)Form a Wyoming LLC[Wyoming LLC Questionnaire](https://www.keytlaw.com/azllclaw/wyllcq/)Form a Delaware LLC[Delaware LLC Questionnaire](https://www.keytlaw.com/azllclaw/dellcq/)Form a Nevada LLC[Nevada LLC Questionnaire](https://www.keytlaw.com/llcqnv/)Dissolve and terminate an Arizona LLC[LLC Termination Questionnaire](https://www.keytlaw.com/azllclaw/termination-questionnaire/) --- ## Arizona LLC Article & FAQ Library Every article below was written by an Arizona LLC attorney, not a content mill. Pick the topic you need. ### Forming an Arizona LLC - [Our Arizona LLC Formation Services](https://www.keytlaw.com/form-arizona-llc-faq/) - [Contents & Cost of Our 3 LLC Formation Packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - [What Is an Arizona Statutory Agent & What Are Its Requirements?](https://www.keytlaw.com/arizona-llc-statutory-agent-faq/) - [How to Open a Bank Account for an Arizona LLC](https://www.keytlaw.com/arizona-llc-bank-account/) - [Arizona LLC Bank Account Rules & the Danger of Commingling](https://www.keytlaw.com/arizona-llc-bank-account-requirements/) - [How to Get an EIN for an Arizona LLC](https://www.keytlaw.com/arizona-llc-ein/) - [The 4 Ways the IRS Taxes LLCs](https://www.keytlaw.com/how-llcs-are-taxed/) - [How an LLC Is Taxed as an S Corporation](https://www.keytlaw.com/llc-s-corp-election/) - [Community Property vs. Separate Property LLC Ownership](https://www.keytlaw.com/arizona-llc-community-vs-separate-property/) - [How to Make Your Arizona LLC Your Sole & Separate Property](https://www.keytlaw.com/arizona-llc-spousal-disclaimer/) - [Can a Child Under 18 Own an Interest in an Arizona LLC?](https://www.keytlaw.com/can-minor-own-llc-arizona/) - [California's $800 LLC Tax: A Guide for California Residents](https://www.keytlaw.com/california-llc-minimum-tax) ### Operating & Managing an Arizona LLC - [How to Fund an Arizona LLC: Capital Contribution or Loan](https://www.keytlaw.com/how-to-fund-llc/) - [Member Loans to an Arizona LLC: Tax & Legal Rules](https://www.keytlaw.com/arizona-llc-member-loans/) - [Default Allocation of Profits, Votes & Distributions](https://www.keytlaw.com/arizona-llc-profits-distributions/) - [No Operating Agreement? How Arizona Splits LLC Profits](https://www.keytlaw.com/multi-member-llc-profits-distributions-az/) - [19 Arizona LLC Operating Agreement Questions Answered](https://www.keytlaw.com/arizona-llc-operating-agreement-faq/) - [5 Essential Business Insurance Policies for Arizona LLCs](https://www.keytlaw.com/arizona-llc-business-insurance/) - [Arizona Business Insurance for LLCs](https://www.keytlaw.com/llc-business-insurance/) - [Does an Arizona LLC Have to File a Report or Pay a Fee?](https://www.keytlaw.com/arizona-llc-faq-arizona-llc-annual-report/) - [How to Get a Trade Name / DBA in Arizona](https://www.keytlaw.com/arizona-trade-name-law/) - [How to Amend an Arizona LLC's Articles of Organization](https://www.keytlaw.com/arizona-llc-amendment/) - [How to Change, Replace or Resign an Arizona Statutory Agent](https://www.keytlaw.com/change-arizona-llc-statutory-agent/) - [How to Make a Gift of Your Arizona LLC Interest](https://www.keytlaw.com/how-to-give-az-llc-membership-interest/) - [How an LLC Owner Can Legally Hire & Pay a Child](https://www.keytlaw.com/hire-child-of-llc-member/) - [What Happens to Your Arizona LLC When You Die?](https://www.keytlaw.com/arizona-llc-transfer-on-death/) - [Arizona LLC Meetings: Rules, Minutes & Requirements](https://www.keytlaw.com/arizona-llc-annual-meetings/) - [Our Arizona LLC Blog](https://www.keytlaw.com/azllclaw/blog/) ### Adding, Removing & Protecting LLC Members - [How to Prove Who the Members of an Arizona LLC Are](https://www.keytlaw.com/arizona-llc-membership-proof) - [How to Add or Remove a Member of an Arizona LLC](https://www.keytlaw.com/add-remove-llc-member/) - [How Members of an LLC Pay Themselves](https://www.keytlaw.com/how-llc-members-pay-themselves/) - [Arizona LLC Member Disputes: A Guide to an LLC Divorce](https://www.keytlaw.com/arizona-llc-member-disputes/) - [6 Ways to Resolve Arizona LLC Member Disputes](https://www.keytlaw.com/resolving-az-llc-member-disputes/) - [Buy-Sell Agreement FAQs for Multi-Member LLCs](https://www.keytlaw.com/llc-buy-sell-agreement-faqs/) ### Transferring Real Estate & Property to an Arizona LLC - [Why an Arizona LLC Should Own Your Rental Property](https://www.keytlaw.com/arizona-llc-rental-property/) - [How to Transfer Rental Property to an Arizona LLC](https://www.keytlaw.com/arizona-llc-for-rental-property/) - [Tenant Rules & Notices That Apply When an LLC Owns the Land](https://www.keytlaw.com/arizona-llc-tenant-lease-rules/) - [How to Insure Rental Property Transferred to an LLC](https://www.keytlaw.com/llc-rental-property-insurance/) - [What Insurance Does a Real Estate LLC Need?](https://www.keytlaw.com/what-insurance-does-a-real-estate-llc-need/) - [How to Transfer Land to an LLC & Avoid a Due-on-Sale Clause](https://www.keytlaw.com/avoid-due-on-sale-clause-llc/) - [Does Transferring Land to an LLC Trigger a Due-on-Sale Clause?](https://www.keytlaw.com/due-on-sale-clause-llc/) ### Dissolving & Closing an Arizona LLC - [How to Terminate an Arizona LLC: Step-by-Step Guide](https://www.keytlaw.com/terminate-arizona-llc/) - [Federal Tax Consequences of Terminating an Arizona LLC](https://www.keytlaw.com/tax-consequences-dissolving-az-llc/) --- ## Arizona LLC Operating Agreements Arizona law does not require an LLC to have an [Operating Agreement](https://www.azleg.gov/ars/29/03105.htm), and that is exactly why so many Arizona LLC owners get hurt. Without a signed agreement your company runs on Arizona's statutory defaults. Under [A.R.S. § 29-3404(A)](https://www.azleg.gov/ars/29/03404.htm) and [§ 29-3102(12)](https://www.azleg.gov/ars/29/03102.htm), those defaults allocate profits, losses and distributions in **equal shares** among the members, no matter who put in the money. Read that again. If you contribute 90% of the capital and your partner contributes 10%, Arizona law splits the profits 50/50 unless you have a written Operating Agreement that says otherwise. Worse, you can be taxed on profits you never received and have no legal right to force a distribution. - [Protect Yourself: 20 Ways You Can Be Harmed if Your LLC Lacks a Well-Written Operating Agreement](https://azllc.com/oa/) - [19 Arizona LLC Operating Agreement Questions Answered](https://www.keytlaw.com/arizona-llc-operating-agreement-faq/) - **Hire us to prepare or amend a custom Operating Agreement**: submit our [Operating Agreement Questionnaire](https://azllc.com/oaq/). The fee is $297 for a single-member LLC or an LLC owned only by a married couple, and $797 for an LLC with two or more unrelated members or an LLC owned by an IRA or retirement plan. --- ## Multi-Member LLCs Need a Buy-Sell Agreement A Buy-Sell Agreement is the members' exit strategy. Without one, the members of an Arizona LLC are stuck with each other forever when something bad happens. Ask yourself the uncomfortable question: what would you do if your co-member died tomorrow and his membership interest was inherited by his two minor children? Or by his new spouse? Or awarded to his ex-spouse in a divorce? A Buy-Sell Agreement gives the company and the remaining members the right — or the obligation — to buy out a member who dies, steals from the company, files bankruptcy, divorces, is convicted of a felony, or causes any other triggering event you select. Our questionnaire contains 19 possible triggering events and you can add your own. - [Buy-Sell Agreement FAQs for Multi-Member LLCs](https://www.keytlaw.com/llc-buy-sell-agreement-faqs/) - [Why Multi-Member LLCs Should Have a Buy-Sell Agreement](https://www.keytlaw.com/azllclaw/get-bsa/) - [Common Events That Can Trigger a Buy Out](https://azllc.com/events/) - **Hire us to prepare a custom Buy-Sell Agreement**: submit our [Buy-Sell Agreement Questionnaire](https://azllc.com/bsaq/) --- ## Add or Remove a Member of an Arizona LLC Changing the ownership of an Arizona LLC takes more than a handshake. The member who is leaving should sign an Assignment of Membership Interest Agreement, which is the document that actually transfers the membership interest. The members should also sign an amended [Operating Agreement](https://www.azleg.gov/ars/29/03105.htm) that reflects the change. A member-managed LLC must then file an Amendment to its [Articles of Organization](https://www.azleg.gov/ars/29/03201.htm) with the [Arizona Corporation Commission](https://azcc.gov/corporations/home) to add or remove members. A manager-managed LLC must file an Amendment if a member who owns or will own 20% or more of the profits is added or removed, and whenever a manager is added or removed. See [A.R.S. § 29-3202](https://www.azleg.gov/ars/29/03202.htm). - [How to Add or Remove a Member of an Arizona LLC](https://www.keytlaw.com/add-remove-llc-member/) - [Arizona Law Requirements to Add or Remove a Member](https://www.keytlaw.com/azllclaw/operating-llcs/llc-member-requirement/) - [How to Prove Who the Members of an Arizona LLC Are](https://www.keytlaw.com/arizona-llc-membership-proof) - **Hire us to prepare the member change documents**: submit our [Member Change Questionnaire](https://azllc.com/changeq). We will also prepare and file the Articles of Amendment with the Arizona Corporation Commission. --- ## Amend Articles of Organization or Change an Address An Amendment to the [Articles of Organization](https://www.azleg.gov/ars/29/03201.htm) must be filed with the [Arizona Corporation Commission](https://azcc.gov/corporations/home) within 30 days of a change under [A.R.S. § 29-3202](https://www.azleg.gov/ars/29/03202.htm). The ACC charges $25 for standard processing or $60 for expedited processing. Our flat fee is $255, which includes preparing the amendment, filing it, and paying the $60 expedited ACC fee. - [How to Amend an Arizona LLC's Articles of Organization](https://www.keytlaw.com/arizona-llc-amendment/) - **Change an LLC, member or manager address**: submit our [Address Change Questionnaire](https://www.keytlaw.com/azllclaw/address-change/) - **Change the LLC's name or add or remove a member or manager**: submit our [Amending Articles of Organization Questionnaire](https://www.keytlaw.com/azllclaw/aaoo-q/) --- ## Put Rental Property or Land Into an Arizona LLC If you own Arizona rental property in your own name, every tenant, guest and contractor who gets hurt on that property can sue you personally and reach your home, your bank accounts and your retirement savings. Transferring the property to an LLC builds a legal wall between the rental and everything else you own. Most owners worry the transfer will trigger the lender's due-on-sale clause. Generally it will not. Fannie Mae and Freddie Mac servicing guidelines prohibit lenders from enforcing a due-on-sale clause when a one-to-four-unit residential property is transferred to an LLC, provided the loan is typically at least 12 months old and the original borrower remains the managing member or majority owner. - [Why an Arizona LLC Should Own Your Rental Property](https://www.keytlaw.com/arizona-llc-rental-property/) - [How to Transfer Rental Property to an Arizona LLC](https://www.keytlaw.com/arizona-llc-for-rental-property/) - [How to Transfer Land to an LLC & Avoid a Due-on-Sale Clause](https://www.keytlaw.com/avoid-due-on-sale-clause-llc/) - [How to Insure Rental Property Transferred to an LLC](https://www.keytlaw.com/llc-rental-property-insurance/) - [Hire Us to Prepare a Special Warranty or Beneficiary Deed](https://www.keytlaw.com/arizona-deed-preparation/) --- ## Statutory Agent & Address Services Every Arizona LLC must continuously maintain a [statutory agent](https://www.azleg.gov/ars/29/03115.htm) with a physical Arizona street address under A.R.S. § 29-3115. If the agent resigns and the LLC does not appoint a replacement within 60 days, the [Arizona Corporation Commission](https://azcc.gov/corporations/home) can administratively dissolve the company. - **Hire us as your statutory agent for $99/year**: submit our [Statutory Agent Questionnaire](https://www.keytlaw.com/arizona-statutory-agent/). National services charge as much as $249/year for the same thing. - **Use our address for $100/year** to keep your home address off the ACC's public records: submit our [Address Service Questionnaire](https://www.keytlaw.com/azllclaw/addressq/). Our statutory agent address is 24 W. Camelback Road, Suite 467, Phoenix, AZ 85013. - [How to Change, Replace or Resign an Arizona Statutory Agent](https://www.keytlaw.com/change-arizona-llc-statutory-agent/) --- ## IRA LLCs, Out-of-State LLCs & Foreign Registration ### Arizona LLCs Owned by an IRA A self-directed IRA can own an LLC that buys real estate, precious metals, private notes and other nontraditional investments. The rules are unforgiving — one prohibited transaction can disqualify the entire IRA — so the structure has to be right the first time. - [How to Hire Us to Form an IRA LLC](https://www.irallcs.com/2013/07/form-ira-llc/) - [How to Invest Self-Directed IRA Funds in an LLC](https://www.irallcs.com/2013/08/form-self-directed-ira-llc/) - [Can an Arizona IRA LLC Own Real Estate in Another State?](https://www.irallcs.com/2013/07/registering-ira-llc-to-do-business/) - [What You Get if You Hire Us to Form an IRA LLC](https://www.irallcs.com/contents/) - **Hire us**: submit our [IRA LLC Formation Questionnaire](https://www.irallcs.com/qaz/) ### Wyoming, Delaware & Nevada LLCs - Submit our [Wyoming LLC Formation Questionnaire](https://www.keytlaw.com/azllclaw/wyllcq/) - Submit our [Delaware LLC Formation Questionnaire](https://www.keytlaw.com/azllclaw/dellcq/) - Submit our [Nevada LLC Formation Questionnaire](https://www.keytlaw.com/llcqnv/) ### Registering an Out-of-State Entity in Arizona - [Register an LLC or Corporation to Do Business in Arizona](https://www.keytlaw.com/register-foreign-entity-arizona/) --- ## Dissolve & Terminate an Arizona LLC Closing an Arizona LLC is a two-phase process under [A.R.S. § 29-3701](https://www.azleg.gov/ars/29/03701.htm) and [§ 29-3702](https://www.azleg.gov/ars/29/03702.htm). First the company winds up: it liquidates assets, pays creditors and distributes what is left to the members in the order the statute requires. Then it files [Articles of Termination](https://azcc.gov/docs/default-source/corps-files/forms/l031-articles-of-termination.pdf?sfvrsn=d435348c_2) with the [Arizona Corporation Commission](https://azcc.gov/corporations/home) and pays the $35 filing fee. Walking away without doing this leaves the company on the ACC's records and leaves the members exposed. - [How to Terminate an Arizona LLC: Step-by-Step Guide](https://www.keytlaw.com/terminate-arizona-llc/) - [Federal Tax Consequences of Terminating an Arizona LLC](https://www.keytlaw.com/tax-consequences-dissolving-az-llc/) - [What You Need to Know Before Dissolving an Arizona LLC](https://www.keytlaw.com/azllclaw/terminating-llcs/how-to-terminate-an-az-llc/) - **Hire us to dissolve your LLC**: submit our [LLC Termination Questionnaire](https://www.keytlaw.com/azllclaw/termination-questionnaire/) --- ## Arizona Corporation Commission Website Links - [Links to the Arizona Corporation Commission's website](https://www.keytlaw.com/arizona-llc/) where you can search for an existing entity, check whether a desired LLC name is available, create an ACC account, log in, form an LLC, see the ACC's fees and see current processing times. --- ## Answers to the 10 Most Common Arizona LLC Questions **How much does it cost to form an Arizona LLC?** The [Arizona Corporation Commission](https://azcc.gov/corporations/home) charges $50 for regular processing of your [Articles of Organization](https://www.azleg.gov/ars/29/03201.htm) or $85 for expedited processing. If you hire us, our packages are Bronze $497, Silver $897 and Gold $1,397. Every package includes the ACC filing, a custom [Operating Agreement](https://www.azleg.gov/ars/29/03105.htm) and free [statutory agent](https://www.azleg.gov/ars/29/03115.htm) service for the first year. **How long does it take to form an Arizona LLC?** When we are hired and paid, we get your Articles of Organization approved the same day. On your own, regular ACC processing takes about 30 days, expedited paper filing takes five to seven days, and expedited online filing can be approved in as little as 10 minutes. **Does an Arizona LLC need a statutory agent?** Yes. Every Arizona LLC must continuously maintain a statutory agent, called a registered agent in most other states, to receive legal and government documents on the company's behalf. The agent must have a physical Arizona street address — not a post office box — and must forward what it receives to the LLC. **Does Arizona require LLCs to file an annual report or pay an annual fee?** No. Unlike most states, Arizona requires no annual report and no annual renewal fee. Once your LLC is approved it stays in good standing indefinitely with no recurring state fees, which makes Arizona one of the least expensive states in the country in which to maintain a business entity. **Do I need an Operating Agreement for my Arizona LLC?** Arizona law does not require one, but operating without one is a serious risk. Without a signed agreement your LLC runs on Arizona's statutory defaults, which split profits and voting power equally among the members regardless of who contributed what. A custom Operating Agreement overrides those defaults and gives you the legal proof of ownership that banks, title companies and courts require. **How is an Arizona LLC taxed?** The IRS has no separate tax category for LLCs. By default a single-member LLC is taxed as a disregarded entity and a multi-member LLC is taxed as a partnership. Owners can instead elect S corporation taxation by filing [IRS Form 2553](https://www.irs.gov/forms-pubs/about-form-2553) or C corporation taxation by filing [IRS Form 8832](https://www.irs.gov/forms-pubs/about-form-8832) when that produces a better result. **Can a minor own an interest in an Arizona LLC?** Yes. Arizona law has no minimum age for LLC members, so a child under 18 can legally own a membership interest. But because minors cannot enter into binding contracts, a minor cannot sign agreements or open bank accounts for the company. An adult manager, parent, guardian or trust normally has to handle the LLC's legal and financial obligations. **What happens to my Arizona LLC if I die without a plan?** Your membership interest does not automatically pass to your loved ones. It goes through an Arizona probate unless the value of your personal property is under $200,000, and your heirs may inherit only an economic interest with no voting or management rights. Putting the LLC interest into a revocable living trust, or holding it as community property with right of survivorship if you are married, lets the interest pass automatically and avoid probate. **How do I add or remove a member from my Arizona LLC?** Three steps: sign a written Assignment of Membership Interest to transfer the ownership, amend the Operating Agreement to reflect the new ownership structure, and file an Amendment to the Articles of Organization with the Arizona Corporation Commission. Skip any one of them and your company's ownership records become legally unclear, which is exactly what causes disputes years later. **How do I dissolve or terminate an Arizona LLC?** Terminating is a two-phase process. First you wind up the business by paying debts and distributing the remaining assets in the order Arizona law requires. Then you file [Articles of Termination](https://azcc.gov/docs/default-source/corps-files/forms/l031-articles-of-termination.pdf?sfvrsn=d435348c_2) with the Arizona Corporation Commission. The tax consequences depend on how the IRS classifies your LLC, so review both the legal and the tax sides before you begin. --- ## Hire Us to Form Your Arizona LLC Arizona LLC attorneys Richard Keyt and his son, attorney and former CPA Richard C. Keyt, have formed 10,000+ Arizona LLCs. They form Arizona LLCs and PLLCs for clients throughout the United States and from foreign countries, and they get the [Articles of Organization](https://www.azleg.gov/ars/29/03201.htm) approved the same day they are hired and paid. See the fees and contents of our [3 LLC Formation Packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/). To hire us to form an LLC submit our online questionnaire at [keytlaw.com/llcq](https://www.keytlaw.com/llcq/), call 480-664-7478 or email . [Hire Us to Form an LLC](https://www.keytlaw.com/llcq/) [Compare Packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) [Book a Free Meeting](https://www.keytlaw.com/calendar) **Richard Keyt** (father) 480-664-7478 | **Richard C. Keyt** (son, attorney and former CPA) 480-664-7472 | KEYTLaw, LLC | 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258 ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* *Copyright 2026 KEYTLaw, LLC. All rights reserved.* [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Get the Free 15 Common LLC Mistakes Article](https://www.keytlaw.com/mistakes/) **Published:** August 29, 2024 **Author:** Richard Keyt **Content:** **Get Free 15 Common LLC Mistakes Article** First Name \* Last Name Email \* Phone Number Send article \* To book a free office, phone or Zoom video meeting with Arizona LLC attorney Richard Keyt to get answers to your LLC formation or operation questions go to [https://keytlaw.com/calendar](https://www.keytlaw.com/calendar). Richard has formed 10,000+ LLCs and has over 300 5 star Google reviews. See the contents & prices of our 3 LLC formation packages at Call Rick at 480-664-7478 or his son AZ LLC attorney Ricky Keyt at 480-664-7472. Click here to get the free 15 common LLC mistakes article \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Gemini Template](https://www.keytlaw.com/gemini/) **Published:** July 3, 2026 **Author:** Richard Keyt **Content:** # a By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## A a **Last updated July 22, 2026, by [Richard Keyt](https://www.keytlaw.com/richard-keyt), Arizona LLC attorney** [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Estate Plan Package: 36 Documents, Services & Fees](https://www.keytlaw.com/arizona-estate-plan-packages/) **Published:** September 21, 2025 **Author:** Richard Keyt **Content:** ## Arizona Estate Planning Package: 36 Documents, Services & Fixed Fees Written by estate planning attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (the father, 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472), have earned 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) across Google, Facebook, and Birdeye. A KEYTLaw Arizona estate plan with a revocable living trust costs $3,497 for one person and $4,497 for a married couple or two partners. Our fixed fee includes the trust, pour-over will, financial power of attorney, health-care and mental health-care power of attorney, living will, HIPAA authorization and up to 30 additional documents and services, depending on your circumstances. Arizona estate planning attorneys Richard Keyt and Richard C. Keyt prepare custom estate plans for individuals, couples and families. Our goal is to protect you during your lifetime, identify the people who will act for you if you become incapacitated, control who inherits your assets and help your family avoid probate for assets properly coordinated with your trust. Our comprehensive package includes 36 documents and services. Some are included when applicable—for example, documents for minor children, pets, organ donation and particular end-of-life wishes. This page identifies each document and service, explains why it matters and states our fixed fees upfront. When appropriate, we also prepare and record an Arizona beneficiary deed that names the trustee of your revocable living trust as the grantee beneficiary. The deed transfers the Arizona home to the trustee at the owner’s death rather than transferring present ownership during the owner’s lifetime. Our fixed fees include planning meetings, office conferences, phone calls, emails and text messages. There is no sales pressure and no surprise hourly bill. Updated July 21, 2026, by estate planning attorney [Richard Keyt](https://www.keytlaw.com/richard-keyt) ## Our Fees As shown in our fee table below, the total cost for our complete Arizona Estate Plan Package —i ncluding a Revocable Living Trust, a Deed that Transfers Your Home to Your Trust, and 34 other essential services — is **$3,497 for a single person** and **$4,497 for a couple**. Our Arizona Estate Plan Fees (2026) Who It's For Flat Fee Married couple or two partners $4,497 Married couple who bought our Gold LLC within 120 days $3,497 $1,000 discount One person $3,497 One person who bought our Gold LLC within 120 days $2,497 $1,000 discount Add lifetime asset-protected trusts for your heirs Protects each heir's inheritance from their creditors, ex-spouses & bankruptcy +$1,000 Fees include your revocable living trust plus 35 other documents and services, with no charge for phone calls, office meetings, emails, or texts. [Book a free office, phone, or Zoom consultation.](https://www.keytlaw.com/calendar) # Who Inherits Assets of an Arizona Resident Who Dies without a Will or Trust The State of Arizona has a law that specifies who inherits the assets of an Arizona resident who dies without a will or a trust. **This law may cause your assets to be inherited by the wrong person or people if you don’t have a will or a trust**. To learn who will inherit your assets if you die without a will or a trust see my article called “[Who Inherits Your Property If You Die without a Will or a Trust](https://www.arizona-wills.com/intestate-succession/)” and take my short online quiz called “[Who Inherits Your Property](https://www.arizona-wills.com/inherits/).” If the wrong person or people would inherit your assets, you need to hire us to prepare a will or a trust that leaves your assets to the person or people you want to inherit the assets, not to the people Arizona gives your property to. ## 36 Documents & Services in Our Custom Estate Plan We publish our fixed fees and describe every included document and service so you can compare estate plans before deciding whether to hire us. Look at other estate planning lawyers’ websites, and they usually don’t tell you what you get if you hire them or the fees they charge. We don’t hide the ball. We don’t hide the ball. Our transparent estate plan package fees are show in the table above. Our plans include all 36 documents and services detailed below. ## Documents & Services Table of Contents Click on blue text to be taken to the text for that subject. You can also scroll down and see all of the documents and services in order from 1 to 36. 1\. [Estate Plan Questionnaire](#1) 2\. [Revocable Living Trust](#2) 3\. [Estate Plan ](#3)[Diagram](#3) 4\. [Optional Trust Provisions](#4) 5\. [Certification of Trust](#5) 6\. [Death / Incapacity Checklist](#6) 7\. [Trust ID Card](#7) 8\. [Asset Inventory](#8) 9\. [How to Fund Your Trust](#9) 10\. [Deed to Your Home](#10) 11\. [Successor Trustee Manual](#11) 12\. [Last Will & Testament](#12) 13\. [Financial Power of Attorney](https://www.keytlaw.com/ep-contents/?elementor-preview=6800&ver=1775698529#13) 14\. [Healthcare Power of Attorney](https://www.keytlaw.com/ep-contents/?elementor-preview=6800&ver=1775698529#14) 15\. [HIPAA Authorization](#15) 16\. [Living Will](#16) 17\. [Confirmation of Names](#17) 18\. [Assignment of Personal Property](#18) 19\. [Personal Property Memorandum](#19) 20\. [Organ Donation Declaration](#20) 21\. [Do Not Resuscitate](#21) 22\. [Post Mortem Wishes](#22) 23\. [Beneficiary Car Title](#23) 24\. [Healthcare Power of Attorney for a Minor](#24) 25\. [Long Term Guardian of Minors](https://www.keytlaw.com/ep-contents/?elementor-preview=6800&ver=1775698529#25) 26\. [Short Term Guardian of Minors](#26) 27\. [Who Should Never Raise Your Minors](#27) 28\. [Conservator to Manage Minor Child’s Assets](#28) 29\. [Docubank Membership](#29) 30\. [Pet Emergency Card](#30) 31\. [Family Asset Protection book](#31) 32\. [3 Ring Binder](#32) 33\. [Thumb Drive](#33) 34\. [No Charge for Changes](#34) 35\. [Post Signing Emails](#35) 36\. [Estate Plan Update Reminders](#36) ## 36 Documents & Services Our comprehensive estate plan includes 36 documents and services. Some documents apply only when relevant—for example, documents for minor children, pets, organ donation, or particular end-of-life wishes. ### 1. Estate Plan Questionnaire This optional questionnaire gives us information about you and your family and tells us about your concerns so we can design a trust and estate plan customized for you. The questionnaire is online at “[Life & Legacy Planning Session Questionnaire](https://www.keytlaw.com/epq).” You can submit the questionnaire before our planning meeting or we can collect the information during our meeting. ### 2. Revocable Living Trust The trust agreement is the most important document in your estate plan. The reasons people create a revocable living trust are: - You, not your state of residence, designates who inherits your assets in the trust on your death or the second spouse’s death if you are married. - Our trust provides that when you and your spouse die if you are married, a special needs trust will be automatically created for your heirs who are special needs, people at the time of your death or later in the beneficiary’s life. This prevents your special needs heir from losing government benefits. - You can disinherit one or more people. - You can name a trusted person as the trustee who manages assets inherited by minor children or people who should not be in charge of money. - You can name a spouse or a trusted person as a trustee who can manage your trust assets if you lose your mental capacity. - To avoid probate. The trust automatically causes your trust’s assets to pass on your death or the death of you and your spouse if you are married to your heirs named in the trust without an expensive, time-consuming public superior court probate. Our typical fee for a simple uncontested Arizona probate is $5,000, which takes five months. - Your estate is private. Assets that go through probate and their recipients are public in a Superior Court probate. - Low maintenance. While you are alive and the trust remains revocable, it is generally treated as a grantor trust for federal income-tax purposes. Trust income and deductions are ordinarily reported on your individual income-tax return, and a separate annual Form 1041 is generally not required under the commonly used reporting methods. Different rules apply after the grantor’s death and may apply in unusual circumstances. To learn more about revocable living trusts go to: - [Revocable Living Trust 101: How It Works & Why You Need One](https://www.keytlaw.com/revocable-living-trust-benefits/) - [Arizona Revocable Living Trust Frequently Asked Questions](https://www.keytlaw.com/arizona-revocable-living-trust-faqs/) - [18 Benefits of a Revocable Living Trust](https://www.keytlaw.com/arizona-living-trust-benefits/). ### 3. Diagram of Your Estate Plan ![trust diagram](https://www.keytlaw.com/wp-content/uploads/2026/04/trust-diagram-1024x791.png "trust-diagram - KEYTLaw") ![trust diagram 2](https://www.keytlaw.com/wp-content/uploads/2026/04/lapt-benes-2-1024x791.png "lapt-benes-2 - KEYTLaw") ### 4. Optional Incentive & Disincentive Provisions We give you optional language you can put in your trust agreement that encourages certain actions and penalizes bad conduct. Click to see these [optional provisions](https://www.keytlaw.com/wp-content/uploads/2026/04/optional-text.docx). If you want any of the provisions in your trust agreement copy the text you want and email it to Ricky Keyt at rck@keytlaw.com. ### 5. Certification of Trust Whenever somebody asks for a copy of your trust, give them your [Certification of Trust](https://www.azleg.gov/ars/14/11013.htm) rather than a copy of your trust. You don’t want to give copies of your trust to third parties because your trust contains confidential information. This document summarizes your trust, verifies its existence, and provides key details about the trust, like the trustee’s identity and authority to act on behalf of the trust, without revealing confidential information such as specific asset details or beneficiary names. When managing trust assets, it’s often used to prove the trust’s legitimacy to third parties like banks or title companies. To learn more about Certifications of Trust go to: - [Arizona Certification of Trust Keeps Your Estate Plan Private](https://www.keytlaw.com/certification-of-trust/) - [Arizona Certification of Trust FAQs](https://www.keytlaw.com/certification-of-trust-faqs/) ### 6. Death or Incapacity Checklist This document is a list of tasks your loved ones should do if you die or become incapacitated. ### 7. Trust ID Card This ID shows the terminology used to title assets into your trust. Show the card to third parties like a banker when you ask the banker to transfer ownership of your bank account to the trust. Use it to update pay on death beneficiary forms. ![](https://www.keytlaw.com/wp-content/uploads/2024/11/idcard.jpg) ### 8. Asset Inventory If you hire us to draft your custom estate plan with a revocable living trust we will send you an email message that contains a link to our online Asset Inventory. Use this inventory to make a list of your bank accounts, investment accounts, stocks, LLCs, partnerships, real estate, vehicles and other valuable assets. We recommend you complete the Asset Inventory because our system will create a downloadable Excel spreadsheet that lists all of the assets you enter in the inventory. You will be able to download your asset list and update it from time to time as you acquire new assets and dispose of existing assets. This Excel asset spreadsheet is: - Your checklist of assets to transfer to your trust if you do the transfers yourself. - Our checklist of your assets to transfer to your trust if you hire us to do the transfers. - A document you can give to important people in your life so they know what you own and where to find the assets because if the right person or people do not know everything you own and where to find it, those assets will not go to your loved ones if you die (and your spouse if you are married) or become mentally incapacitated. You must have an inventory of your assets because if you don’t, your loved ones are not going to be able to find any or all of your assets when you are gone or mentally incapacitated. ## **Sample Asset List** [![](https://www.keytlaw.com/wp-content/uploads/2025/01/excel1-1024x373.png)](https://www.keytlaw.com/wp-content/uploads/2025/01/excel1.png) [![](https://www.keytlaw.com/wp-content/uploads/2025/01/excel2a-1024x401.png)](https://www.keytlaw.com/wp-content/uploads/2025/01/excel2a.png)[![](https://www.keytlaw.com/wp-content/uploads/2025/01/excel3a-1024x286.png)](https://www.keytlaw.com/wp-content/uploads/2025/01/excel3a.png) ![](https://www.keytlaw.com/wp-content/uploads/2025/01/excel4a-1024x280.png) ### 9. How to Fund Your Trust Our 22-page article explains how to transfer different types of assets to your trust. After you sign your trust your short term goal will be transferring your assets to the trust. Assets that you do not transfer to the trust may have to go through a time-consuming, expensive and public Superior Court probate after your death. We will prepare a beneficiary deed that transfers your home to your trust, but your job will be to transfer your other assets to the trust. This article explains how to transfer the following types of assets to the trust: 1. cash accounts 2. investment accounts 3. corporate stock 4. stock options 5. bonds 6. personal effects 7. retirement plans & pensions 8. insurance 9. annuities 10. money owed to you 11. real property 12. assets you own with others 13. timeshares To learn more about how to fund your trust go to [How to Move Real Estate, LLCs, Investment and Bank Accounts into Your Trust: The Ultimate Guide](https://www.keytlaw.com/how-to-fund-revocable-living-trust-guide) ### 10. Beneficiary Deed for Your Home We prepare a [Beneficiary Deed](https://www.azleg.gov/ars/33/00405.htm) that we record with the county recorder that transfers your Arizona home to your trust on your death or on the death of the second spouse if you and your spouse own the home. To learn more about Arizona Beneficiary Deeds go to [Learn about Arizona Beneficiary Deeds](https://www.keytlaw.com/ep-arizona-beneficiary-deeds/). ### 11. Successor Trustee Manual We give you our successor trustee manual that explains the duties and obligations of the successor trustee or trustees who will be in charge of your trust assets if you die or become incapacitated or if both spouses die or become incapacitated if you are married. A trustee has legal obligations and fiduciary duties owed to the beneficiary of a trust. We recommend you give this book to the person who will become the successor trustee of your trust because your successor trustee must know the trustee’s duties and legal obligations. ![](https://www.keytlaw.com/wp-content/uploads/2024/11/manual-200x300.jpg) ### 12. Last Will & Testament We prepare a Last Will & Testament that states that if any of your assets remain in your name after your death and if a Superior Court probate is needed to distribute the probate assets, all of the assets will go into your trust. We call this a “pour over” Will because it pours all your probate assets into the trust. The Will is a “safety valve” type of document that hopefully will never be used because all of your assets will be in your trust and none of your assets will remain in your name after your death. To learn more about Wills see our article called [Why Every Arizona Resident Needs a Will](https://www.keytlaw.com/arizona-will/). ### 13. Financial Power of Attorney We prepare a financial power of attorney that names the person or people you authorize to manage your financial affairs if you lack the mental capacity to manage your assets. A financial POA can be used for many tasks, including: - Paying bills - Managing bank accounts - Handling investments - Filing taxes - Buying or selling real estate - Cashing checks - Corresponding with financial institutions. To learn more about Financial Powers of Attorney see our article called [Why Not Having a Financial Power of Attorney Could Harm You](https://www.keytlaw.com/arizona-financial-power-of-attorney/). ### 14. Healthcare Power of Attorney Your [Healthcare & Mental Healthcare Power of Attorney](https://www.azleg.gov/viewdocument/?docName=https%3A%2F%2Fwww.azleg.gov%2Fars%2F36%2F03221.htm) names the person or people you authorize to make medical decisions for you if you are in a coma or unable to communicate with your doctor. To learn more about Healthcare Powers of Attorney, see our article called [Why Every Arizona Adult Needs a Healthcare Power of Attorney](https://www.keytlaw.com/arizona-healthcare-power-of-attorney/). ### 15. HIPAA Authorization Your HIPAA authorization authorizes your healthcare agents to get your medical information from your doctors and hospitals. The [HIPAA Privacy Rule](https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html) (effective since April 14, 2003) introduced standards covering allowable uses and disclosures of health information, including to whom information can be disclosed and under what circumstances protected health information can be shared. The HIPAA Privacy Rule permits the sharing of health information by healthcare providers, health plans, healthcare clearinghouses, business associates of HIPAA-covered entities, and other entities covered by HIPAA Rules under certain circumstances. HIPAA authorization is consent obtained from a patient that permits a covered entity or business associate to use or disclose personal healthcare information (“PHI”) to an individual for a purpose that would otherwise not be permitted by the HIPAA Privacy Rule. Without HIPAA authorization, such a use or disclosure of PHI would violate HIPAA Rules could attract a severe financial penalty and may even be determined to be a criminal act. To learn more about HIPAA Authorizations, see our article called [What Is a HIPAA Authorization & Why Every Arizona Adult Needs One](https://www.keytlaw.com/arizona-hipaa-authorization/). ### 16. Living Will Your [Living Wil](https://www.azleg.gov/ars/36/03261.htm)l states your wishes concerning life-sustaining treatment and end-of-life care if you cannot make or communicate your own health-care decisions. In this document, you can specify which medical treatments or types of care you would like to receive, which ones you wish to avoid, and the conditions under which each choice applies. This differs from a traditional will, which provides legal instructions regarding a person’s estate, including the distribution of property and financial assets. To learn more about Living Wills, see our article called [Arizona Living Will: What It Is, Why You Need One, & What Happens Without It](https://www.keytlaw.com/arizona-living-will/). ### 17. Confirmation of Names This document names your successor trustee(s) and the people you’ve named as your healthcare power of attorney agents, financial power of attorney agents, HIPAA agents, and personal representative of your estate if a probate is needed after you die because one or more of your assets were not transferred to you trust. Review this document from time to time to determine if you need to change your successor trustee(s), an agent under your healthcare or financial power of attorney or the person who will do your probate if a probate is necessary after you die because you did not transfer one or more assets to the trust. ### 18. Assignment of Personal Property This document transfers your personal property such as jewelry, equipment, furniture and art work to your trust. ### 19. Personal Property Memorandum This document gives you the power to make gifts of specific items of personal property by describing the item on the PPM and then stating who will get the item if you die. These items go to the named person if you die, not into your trust. For example, if you want your ring to go to a specific person on your death, rather than have it become an asset of your trust, you can describe the item on the memorandum and then state who gets the item if you die. ### 20. Organ Donation Declaration (Optional) Your three ring binder will contain this optional document that you can complete if you want to donate any of your organs after you die. ### 21. Prehospital Medical Care Directive, aka DNR – Do Not Resuscitate (Optional) Your [Prehostipal Medical Care Directive](https://www.azleg.gov/ars/36/03251.htm) informs emergency medical technicians (EMTs) or hospital emergency personnel not to resuscitate you if you suffer a cardiac or respiratory arrest. If they have your DNR, EMTs and other emergency personnel will not use equipment, drugs, or devices to restart your heart or breathing, but they will not withhold necessary medical interventions to provide comfort care or to alleviate pain. ### 22. Post Mortem Wishes This is an optional document you can complete to tell your loved ones what you want to happen if you die. You can say you want to be cremated or not cremated, name songs and scriptures for your funeral, name your pallbearers and anything else you want your loved ones to know if you were to die. ### 23. Beneficiary Car Title We will give you a form created by the Arizona Department of Transportation called “**Beneficiary Designation for Vehicle Car Title Transfer on Death**.” This form can be used by a person who is the sole owner of an Arizona-titled vehicle to transfer the title of the vehicle on the owner’s death to the person or people named in the form. ### 24. If You Have Any Minor Children: Healthcare Power of Attorney for a Minor Child If you have any minor children, we will prepare a Healthcare Power of Attorney for each of them in which you name one or more people who can make medical decisions for your minor children if you and their other parent cannot be reached. If you are on a cruise or camping in Alaska and can’t be reached and your minor child is in the hospital and the doctor wants to know whether to operate or not, this document gives a trusted person the legal power to make medical decisions for the minor child. ### 25. If You Have Any Minor Children: Long Term Guardian of Minor Children We will prepare a long-term permanent Guardian of Minor Children if you have any children under the age of 18, aka a minor. This is the document that tells the court who you want to raise your minor children if both of their parents are deceased or incapacitated. If the person you name as the guardian does not live close to you, you can also name a short-term guardian who lives close to you who can care for your minor(s) until the primary guardian can travel to your home and get the kids. To learn more about naming a guardian for minor children go to: - [How to Name a Guardian of Minor Children in Arizona: A Complete Guide](https://www.keytlaw.com/arizona-naming-guardian-minor-children/) - [Guardian of Arizona Minor Children FAQs](https://www.keytlaw.com/arizona-guardian-minor-children-faq/) ### 26. If You Have Any Minor Children: Short Term Guardian of Minor Children If your long-term permanent guardian who you name to care for your minor children does not live close to you then you can name a short-term guardian who lives close to your home who will care for your minor children until your long-term guardian can travel to your home to care for the children. This prevents your kids from being put in the care of Child Protective Services until your long-term guardian arrives at your home. ### 27. If You Have Any Minor Children: Letter to Court Stating Who Should Never Raise Your Minor Children If there are one or more people you never want to be a guardian of your minor children, we will prepare a document called “People Who Can’t be a Guardian of Our Minor Children.” This document tells the Superior Court that you never want a person named in the document to be the legal guardian of any of your children under the age of 18, aka a minor. ### 28. If You Have Any Minor Children: Tell the Court Who You Want to Manage a Minor's Assets This document tells the court who you want to manage your minor children’s assets if both parents are deceased or incapacitated. Arizona law says that minor children cannot manage their assets. With this document, the person you name as a minor’s conservator can get a court order that names that person as the minor’s conservator who has the legal power to manage the minor’s assets until the minor is 18. ### 29. 5 Year Docubank Membership We buy you a five year [DocuBank membership](https://www.docubank.com/members). We give your Healthcare Power of Attorney, Living Will, and HIPAA Authorization to DocuBank. It gives you an ID card to carry in your wallet or purse so if you are in a hospital it tells the doctors and hospital the name and phone number of your emergency contact and how to get DocuBank to fax these three documents to the doctor or hospital 24/7. **Your DocuBank Card:** Carrying your plastic wallet card means that hospitals have instant access to the information they need to provide the best care possible, and family members aren’t scrambling to find it when they should be by your side. [![](https://www.keytlaw.com/wp-content/uploads/2024/11/docusign1-300x181.jpg)](https://www.keytlaw.com/wp-content/uploads/2024/11/docusign1.jpg) [![](https://www.keytlaw.com/wp-content/uploads/2024/11/docusign2-300x187.jpg)](https://www.keytlaw.com/wp-content/uploads/2024/11/docusign2.jpg) ****Medical Alerts**** - Your DocuBank card lists important ****medical conditions and allergies**** so that they are immediately available - The name and ****phone numbers for your primary emergency contact**** also appear so they can be reached by healthcare professionals - A complete ****list of your current medications, vaccinations and a highlight of your medical story**** can also be transmitted when your info is requested - Your ****emergency contacts can receive an alert**** when your card is used so that they know where you are and be at your side **Medication List Access:** Upload a list of your personal medications that you already have, or use the online form, to add and revise medications on docubank.com as they change. Members who provide their medication information will have this indicated on their DocuBank cards so doctors know to go online to obtain this information. **Medical Snapshot:** Add critical medical information so that it is in one easy, organized spot for you and your family. Filling in your Medical Snapshot from the comfort of your home means you and those you love aren’t scrambling to find or remember this information when it is needed at the hospital. - ****Doctors and Specialists:**** List of any doctors so they can be consulted - ****Medical History:**** Highlights of important medical info - ****Vaccinations:**** Upload cards, fill in manufacturer and date info - ****Surgeries and Hospitalizations:**** list important events, upload info - ****Allergies:**** combines with the info on the card, list notes and reactions - ****Family History****: list of medical history **DocuBank SAFE:** DocuBank SAFE is a complementary part of every DocuBank membership. SAFE should be used for those documents you would like access to, but should not be transmitted when DocuBank is used by hospital staff. You can create your encrypted SAFE password and begin uploading documents immediately from your personal computer. All memberships include 2 GB of SAFE storage FREE. ****Share Important Files**** Create SAFEShare Users for friends and family so they can view the files you wish them to see. ### 30. Pet Emergency Card If you have any pets we give you two pet emergency cards to carry in your wallet or purse. These cards inform healthcare people and EMTs that you have one or more pets that need care and tell the person to call your pet caregiver to inform the caregiver that you are in the hospital and can’t care for your pet(s). [![pet emergency card](https://www.keytlaw.com/wp-content/uploads/2024/11/petcard1-300x180.jpg)](https://www.keytlaw.com/wp-content/uploads/2024/11/petcard1.jpg) [![pet emergency card](https://www.keytlaw.com/wp-content/uploads/2024/11/petcard2-300x172.jpg)](https://www.keytlaw.com/wp-content/uploads/2024/11/petcard2.jpg) ### 31. Family Asset Protection book We give you a copy of this book about estate planning written by Richard Keyt and his son Richard C. Keyt. ![](https://www.keytlaw.com/wp-content/uploads/2024/11/fap-195x300.jpg) ### 32. Three Ring Binder We give you a three-ring binder that contains all of your estate plan documents organized behind tabs. [![](https://www.keytlaw.com/wp-content/uploads/2025/05/binderinside.jpg)](https://www.keytlaw.com/wp-content/uploads/2025/05/binderinside.jpg) ![](https://www.keytlaw.com/wp-content/uploads/2025/05/binder.jpg) ### 33. Thumb Drive We give you a thumb drive that contains pdf files of every signed, witnessed & notarized document listed above. You can easily give important people copies of some or all of your signed estate plan documents. [![](https://www.keytlaw.com/wp-content/uploads/2025/05/thumbdirve.jpg)](https://www.keytlaw.com/wp-content/uploads/2025/05/thumbdirve.jpg) ### 34. No Charge to Make Changes We don’t charge to make changes to your documents during the first 90 days after you sign them. ### 35. Post Signing Informational Emails After you sign your documents we will send you many emails that explain post-signing issues such as funding your trust. ### 36. Reminders to Update Your Estate Plan We will send you an email reminder and a text message every six months after you sign your documents to remind you to review your estate plan and determine if you need to update any of your estate plan documents. This email reminds you to review your Confirmation of Names to see if you want to change anything in your estate plan. [ Book a Free Estate Planning Consultation ](https://www.keytlaw.com/calendar) The first step to protect your assets and ensure they go to your desired heir(s) is to book a free office, phone or Zoom video consultation with one of our estate planning attorneys. During this no-obligation meeting, they will answer your questions and design your custom estate plan. ### Call, email or text Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona LLC Bronze, Silver & Gold Formation Packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) **Published:** June 16, 2026 **Author:** Richard Keyt **Content:** # Contents & Cost of Our 3 Arizona LLC Formation Packages By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary KEYTLaw offers three flat-fee Arizona LLC formation packages — **Bronze ($497)**, **Silver ($897)**, and **Gold ($1,397)** — each drafted and supervised by Arizona LLC attorneys Richard Keyt and his son, former CPA Richard C. Keyt. The Keyts have formed more than 10,000 Arizona LLCs since 1992. Every LLC package includes same-day filing of the Articles of Organization with the Arizona Corporation Commission, a custom attorney-drafted Operating Agreement delivered by DocuSign, free statutory agent service for the first year, bank account opening instructions, and free lifetime attorney Q&A. The Silver package adds the IRS EIN, first-meeting minutes, membership certificates, a 170-page LLC Operations Manual, 50 compliance-alert emails, a free 83-question LLC Legal Audit, and a mailed physical portfolio with your LLC documents orgnized behind tabs. Our Gold formation package is the Confidential LLC — It includes a revocable living trust that keeps your name and address off the ACC’s public records and lets your LLC and other assets pass to your heirs without probate. This FAQ article compares all three packages side by side and explains how to choose the right one. Call Richard Keyt at 480-664-7478 or submit the online questionnaire at [azllc.com/llcq](https://azllc.com/llcq) to form your LLC the same day. Updated on July 22, 2026 by LLC attorney [Richard Keyt](https://www.keytlaw.com/richard-keyt) See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![llc-packages](https://www.keytlaw.com/wp-content/uploads/2026/06/llc-packages-1024x559.png "llc-packages - KEYTLaw") Arizona LLC Formation Packages: Bronze, Silver & Gold | KEYTLaw [KEYTLaw](https://www.keytlaw.com) Arizona LLC & Estate Planning Attorneys ## Arizona LLC Formation Packages: Bronze, Silver & Gold By **Richard Keyt**, Arizona LLC Attorney & Founder, KEYTLaw, LLC Ready to form your Arizona LLC today? Call us or submit our online questionnaire — your LLC can be formed the same day you hire us and pay the fee. [Hire Us to Form an LLC](https://azllc.com/llcq) [Book a Free Meeting](https://www.keytlaw.com/rk/) Arizona LLC attorneys **Richard Keyt** and his son and former CPA **Richard C. Keyt** have formed more than **10,000 Arizona LLCs** since 2001. They offer three LLC formation packages — **Bronze ($497)**, **Silver ($897)**, and **Gold ($1,397)** — each designed to give Arizona business owners far more value than any document preparer or DIY filing service. This article explains exactly what you receive in each package, how the packages differ, and how to decide which one is right for you. ## Our 3 LLC Formation Packages at a Glance Bronze $497 Essential Formation - ✓ Articles of Organization filed same day - ✓ Custom Operating Agreement via DocuSign - ✓ Free statutory agent, year 1 - ✓ No ID required at the ACC - ✓ Bank account opening instructions - ✓ Free attorney Q&A before & after - ✗ EIN from IRS (add $75) - ✗ LLC Operations Manual ebook - ✗ Physical LLC portfolio - ✗ Privacy / confidential LLC - ✗ Revocable living trust [Form a Bronze LLC](https://azllc.com/llcq) Silver $897 Most Popular Package ⭐ Most Popular - ✓ Everything in Bronze - ✓ EIN from IRS — included - ✓ Minutes of first owner meeting - ✓ Membership certificates - ✓ 170-page LLC Operations Manual ebook - ✓ 50 LLC Compliance Alert emails (3 months) - ✓ Free LLC Legal Audit (83 questions) - ✓ Physical LLC portfolio mailed to you - ✗ Privacy / confidential LLC - ✗ Revocable living trust [Form a Silver LLC](https://azllc.com/llcq) Gold $1,397 Confidential LLC + Living Trust - ✓ Everything in Silver - ✓ Revocable living trust drafted for you - ✓ Your name kept off ACC public records - ✓ Trust owns the LLC (confidential LLC) - ✓ LLC & assets pass to heirs — no probate - ✓ Trust can own home, bank & investment accounts - ✓ Certification of Trust prepared - ✓ 5-page letter on how to fund & use the trust - ✓ Trust follow-up email series included [Form a Gold LLC](https://azllc.com/llcq) ## Bronze Package — $497 The Bronze package covers the essential legal work of forming your Arizona LLC. It is the right choice for people who need a properly formed company with a professional Operating Agreement and want free attorney access but do not yet need the additional documents and resources included in the Silver package. Here is what you get with the Bronze package: - **Same-day LLC formation.** The Keyts will file your [Articles of Organization](https://azcc.gov/docs/default-source/corps-files/forms/l010-articles-of-organizationc30bf6131a40424786c1fd169bacd88d.pdf?sfvrsn=930da41f_12) with the [Arizona Corporation Commission](https://azcc.gov/corporations/home) the same day you approve the formation questionnaire and pay the fee. You will receive a PDF of the filed Articles of Organization by email that day — the document you need to open your LLC's bank account. - **No need to visit the ACC.** Because KEYTLaw files for you, you do not have to provide two forms of identification to the Arizona Corporation Commission — a requirement that applies when individuals file on their own. - **Custom Operating Agreement.** Arizona LLC attorney Richard Keyt, who has written 10,000+ Operating Agreements since 2001, will draft a custom agreement for your company. DocuSign will email all owners the agreement for digital signature, and you will receive a fully executed copy automatically. - **Free statutory agent service for year one.** Every Arizona LLC must have a [statutory agent](https://www.azleg.gov/ars/29/03115.htm) on file with the ACC. KEYTLaw serves as your statutory agent at no charge for the first year. The annual fee thereafter is $99 — well below the $249/year some competitors charge. - **No publication required.** Because KEYTLaw's address is in Maricopa County, none of the LLCs the firm forms are required to publish a Notice of Publication in a newspaper. - **Bank account opening instructions.** You will receive step-by-step instructions on how to open the LLC's bank account using the filed Articles of Organization and the EIN. - **Free attorney Q&A.** You may call, email, or text Richard Keyt (480-664-7478) or Richard C. Keyt (480-664-7472) with LLC questions before and after formation — at no additional charge. - **Separate property Disclaimer (married owners).** If you are a married Arizona resident who wants to own the LLC as separate property rather than [community property](https://www.azleg.gov/ars/25/00211.htm), the Keyts will prepare a Disclaimer for the non-owner spouse at no extra cost. **Note on the EIN for Bronze clients:** The Bronze package does not include the Employer Identification Number (EIN) from the IRS. You can add this service for $75, or you can obtain the EIN yourself in minutes at the IRS website. You will need the EIN to open the LLC's bank account. ## Silver Package — $897 (Most Popular) The Silver package is KEYTLaw's most popular offering. It includes everything in the Bronze package and adds the documents, resources, and guidance that help new LLC owners operate their company correctly from day one. In addition to everything in the Bronze package, the Silver package includes: - **EIN from the IRS — included.** The Keyts obtain the company's federal Employer Identification Number from the IRS within one business day of you digitally signing the [IRS Form SS-4](https://www.irs.gov/forms-pubs/about-form-ss-4) they provide. No additional fee, no extra trip to the IRS website. - **Minutes of the first owners' meeting.** The Keyts prepare formal minutes documenting the organizational decisions made at formation, including authorizing the opening of a bank account and designating who may sign on the account. - **Membership certificates.** A certificate is prepared for each owner (member) of the LLC documenting their ownership interest. - **170-page Arizona LLC Operations Manual ebook.** This comprehensive guide answers the most common questions LLC owners ask after forming their company — from how to run meetings and keep records to how to add a new member or transfer ownership. - **50 LLC Compliance Alert emails over three months.** Over the 90 days following formation you will receive emails explaining important post-formation tasks and common operational issues, keeping you on track and legally compliant. - **Free LLC Legal Audit.** You get access to KEYTLaw's online LLC Legal Audit — 83 questions, 32 tasks, and 29 alerts — that helps you assess the legal health of your company and identify anything that needs attention. - **Physical LLC portfolio.** A professionally organized portfolio containing hard copies of all your LLC documents, organized behind labeled tabs, is mailed to you the day after your Articles of Organization are filed. ## Gold Package — $1,397 (The Confidential LLC) The Gold package is KEYTLaw's most comprehensive offering. It includes everything in the Silver package and adds a **revocable living trust** drafted by an Arizona attorney. The trust serves two powerful purposes: it keeps your name and address off the Arizona Corporation Commission's public records, and it allows the LLC and your other assets to pass to your named heirs at death without a court probate. ### Privacy: Your Name Stays Off Public Records Arizona law requires that the names and addresses of LLC owners be listed in the Articles of Organization filed with the ACC — a publicly searchable document. When you buy the Gold package, the trust (not you personally) is listed as the LLC's owner. A generic trust name and a KEYTLaw UPS Store address appear on the ACC's records instead of your name and home address. ### Estate Planning: Your LLC Passes Without Probate The revocable living trust in the Gold package names the person or people you want to inherit the LLC — and any other assets you place in the trust — when you die (or when both spouses die if you have a joint trust). Because trust assets transfer automatically to your named heirs, your family avoids the cost, delay, and public nature of a Superior Court probate proceeding. The trust can hold any asset you own, including your home, bank accounts, investment accounts, and other business interests — not just the LLC. ### Tax Simplicity Because the trust is *revocable*, it does not file a separate federal or state tax return. All income and deductions from the LLC and other trust assets flow through to your personal tax return exactly as they did before. ### You Remain in Full Control You are both the trustee and the current beneficiary of the trust. You control all trust assets. The trust can be amended or revoked at any time as your life circumstances change. ### What You Receive with the Gold Package In addition to everything in the Silver package, the Gold package includes: - A custom revocable living trust agreement drafted by a KEYTLaw attorney - A [Certification of Trust](https://www.azleg.gov/ars/14/11013.htm) — a short document you give to banks or others who ask about the trust, so you do not have to share the confidential trust agreement - A detailed five-page letter explaining how to fund and use the trust - All documents delivered via DocuSign for your digital signature; fully executed copies returned to you automatically - A follow-up email series with additional guidance on managing and funding the trust ## Side-by-Side Comparison of All Three Packages Service Bronze $497 Silver $897 Gold $1,397 LLC formed same day you pay & approve questionnaire Yes Yes Yes Articles of Organization filed with ACC; PDF emailed to you Yes Yes Yes No need to provide 2 forms of ID to the ACC Yes Yes Yes Custom Operating Agreement — attorney drafted, DocuSign delivery Yes Yes Yes Free statutory agent, year 1 ($99/yr thereafter) Yes Yes Yes No newspaper publication required Yes Yes Yes Bank account opening instructions Yes Yes Yes Free attorney Q&A (phone, email, text) — before & after Yes Yes Yes EIN obtained from IRS Add $75 Yes Yes Minutes of first owners' meeting No Yes Yes Membership certificates for each owner No Yes Yes 170-page Arizona LLC Operations Manual ebook No Yes Yes 50 LLC Compliance Alert emails over 3 months No Yes Yes Free LLC Legal Audit (83 questions, 32 tasks, 29 alerts) No Yes Yes Physical LLC portfolio mailed to you No Yes Yes Your name & address kept off ACC public records No No Yes Revocable living trust — attorney drafted No No Yes LLC & trust assets pass to heirs — no probate No No Yes Trust can hold home, bank & investment accounts N/A N/A Yes Certification of Trust prepared N/A N/A Yes Trust can be amended or revoked at any time N/A N/A Yes Trust follow-up email series on funding & using the trust N/A N/A Yes ## Which Package Is Right for You? **Choose Bronze** if you want competent attorney-supervised LLC formation at the lowest price, you are comfortable getting the EIN yourself or paying $75 to add it, and you do not yet need the expanded documents and follow-up resources. **Choose Silver** if you want the complete formation package most business owners need — including the EIN, minutes, membership certificates, the Operations Manual, 50 compliance alert emails, the LLC Legal Audit, and a professionally organized hard-copy portfolio delivered to your door. The Silver package is the right choice for most clients. **Choose Gold** if either or both of the following are true: - You want your name and address kept off the ACC's publicly searchable records (privacy matters to you). - You want the LLC and your other assets to pass to your chosen heirs on death without a court probate. The Gold package's revocable living trust is one of the most cost-effective ways to achieve this in Arizona. **A note from Richard Keyt:** I recommend the Gold package to almost every single-member LLC owner I speak with. At $1,397 you get a properly formed LLC *and* a revocable living trust — the cornerstone of any Arizona estate plan — for a combined price that is a fraction of what most estate planning attorneys charge for the trust alone. Your name stays private and your family avoids probate. That is a lot of value in one package. ## Frequently Asked Questions How fast will my LLC be formed? KEYTLaw will file your Articles of Organization with the Arizona Corporation Commission the same day you approve the LLC formation questionnaire and pay the fee. If you submit in the evening, the LLC will be formed the next morning. You will receive a PDF of the filed Articles by email that day. Do I need to come to your office? No. You never need to come to the office. Call 480-664-7478 (Richard Keyt) or 480-664-7472 (Richard C. Keyt) and give your information over the phone, or submit the [online LLC Formation Questionnaire](https://azllc.com/llcq). The process takes five to ten minutes. Do you charge to answer LLC questions? No. The Keyts are happy to answer your LLC questions by phone, email, or text before and after your company is formed — at no charge. Call Richard Keyt at 480-664-7478 or Richard C. Keyt at 480-664-7472, or use their online calendars to book a free phone, office, or Zoom meeting. What is a statutory agent and how long does KEYTLaw serve as mine? Every Arizona LLC must designate a statutory agent — a person or entity that can be served with legal documents on behalf of the company. KEYTLaw serves as your statutory agent for the first year at no charge. After the first year the annual fee is $99, which is well below the $249 per year some national services charge. You can replace KEYTLaw as your statutory agent at any time. What if I am not satisfied with the service? If you are not happy with KEYTLaw's service, you will receive a full refund minus the $85 Arizona Corporation Commission filing fee. How is the Gold LLC different from a regular LLC? The Gold LLC — also called the Confidential LLC — is a standard Arizona LLC in every legal respect. The difference is that a revocable living trust, rather than you personally, is listed as the LLC's owner (member) in the Articles of Organization. This means your name and address do not appear on the ACC's publicly searchable records. The trust also serves as your estate plan, allowing the LLC and other assets held in the trust to pass to your named beneficiaries at death without a Superior Court probate. Does the Gold package revocable living trust file a separate tax return? No. Because the trust is revocable, it is treated as a disregarded entity for tax purposes. All income, deductions, and gains from the LLC and other trust assets continue to be reported on your personal federal and state tax returns. The trust does not need its own EIN and does not file a separate return. ## How to Hire KEYTLaw to Form Your Arizona LLC Hiring the Keyts is a simple five-to-ten-minute process. Choose either option: - **Option 1 — Phone:** Call Arizona LLC attorney Richard Keyt (father) at **480-664-7478** or Arizona LLC attorney and former CPA Richard C. Keyt (son) at **480-664-7472**. Give your LLC information over the phone and they will take it from there. - **Option 2 — Online:** Submit the [LLC Formation Questionnaire](https://azllc.com/llcq) at azllc.com/llcq. The system will email a copy to you for review before formation is initiated. You can also book a free phone, office, or Zoom meeting with [Richard Keyt](https://www.keytlaw.com/rk/) or [Richard C. Keyt](https://www.keytlaw.com/rck/) to discuss which package is right for you before you commit. ### Contact KEYTLaw Today 480-664-7478 Richard Keyt (father) | Richard C. Keyt (son): 480-664-7472 [Submit the LLC Formation Questionnaire →](https://azllc.com/llcq) [Book Free Meeting — Father](https://www.keytlaw.com/rk/) [Book Free Meeting — Son](https://www.keytlaw.com/rck/) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 423 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona LLC Formation Services | 10,000+ Formed | KEYTLaw](https://www.keytlaw.com/form-arizona-llc-faq/) **Published:** June 14, 2026 **Author:** Richard Keyt **Content:** # How to Form an Arizona LLC: Complete FAQ [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick) has been practicing law since 1979. He has formed more than 10,000 Arizona LLCs. His [three LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) offer a fixed fee of $497 (Bronze), $897 (Silver) & $1,397 (Gold – the confidential LLC). He gives every client the legal guidance, custom operating agreement, statutory agent service, and asset-protection strategy needed to do it right the first time. To hire us to form an LLC and get it approved by the state today submit our [LLC formation questionnaire](https://azllc.com/llcq). Rick’s son and law partner attorney [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky, a former CPA) forms Arizona LLCs. Ricky also does Arizona probates. The Keyts serve clients throughout Arizona. See our 418 [five-star Google, Facebook & Birdeye Reviews](https://birdeye.com/keytlaw-llc-147983304225680). *Have a specific question about forming or operating an LLC?* **[Book a Free Office, Phone or Zoom Consultation](https://www.keytlaw.com/calendar)** | **Call Rick:** 480-664-7478 or **Ricky:** 480-664-7472 | **Email:** rk@keytlaw.com / rck@keytlaw.com. Last updated on July 19, 2026, by LLC attorney [Richard Keyt](https://www.keytlaw.com/richard-keyt) ## FAQ Summary **Thinking about forming an Arizona LLC? This FAQ answers the questions you’re actually asking.** Rick and Ricky Keyt put together a plain-English FAQ that walks you through everything from “What is an LLC?” to “What happens to my LLC when I die?” No legal jargon, just straight answers. Inside, you’ll learn: - The real benefits of an Arizona LLC — including why Arizona charges **no annual franchise tax** (California charges $800 a year for the same thing) - What must go in your Articles of Organization, and the **7-day statutory agent trap** that silently kills LLC filings - Member-managed vs. manager-managed — and why picking wrong can hand a 1% owner the power to bind your business - Why skipping an Operating Agreement is a serious mistake, and what Arizona’s default rules do to you without one - How married couples should hold LLC ownership so it passes to a surviving spouse **without probate** - How an Arizona LLC is taxed by default, and when an S corp election makes sense - The **confidential “Gold” LLC** that keeps your name and home address off the public record - Your post-formation checklist: EIN, bank account, licenses, and protecting the LLC from probate Whether you’re a first-timer or comparing formation services, this is the one page that answers it all before you file. ![Arizona LLC formation FAQ infographic — steps to form an LLC in Arizona.](https://www.keytlaw.com/wp-content/uploads/2026/06/form-llc-faq-1024x559.png "- KEYTLaw") ## Forming an Arizona LLC FAQ An Arizona LLC (limited liability company) is a legal entity formed under Arizona law that shields its owners—called members—from the company’s debts and lawsuits while passing income through to the members’ personal tax returns. You create an Arizona LLC by filing Articles of Organization with the Arizona Corporation Commission, which charges $50 for regular processing or $85 for expedited (same-day) online filing. Arizona charges no annual franchise tax or annual LLC fee. Arizona LLC attorneys Richard Keyt and his son, attorney and former CPA Richard C. Keyt, have formed more than 10,000 Arizona LLCs and offer three flat-fee LLC formation packages ($497 Bronze, $897 Silver, $1,397 Gold) that all include a custom Operating Agreement and same-day filing. Call Richard Keyt at 480-664-7478 or email rk@keytlaw.com. If you are thinking about forming an Arizona LLC, you probably have a lot of questions. This article answers the most important ones — in plain English, not legal jargon. Read it from start to finish or jump to the question that matters most to you right now. When you are ready to form your LLC, we make it easy. To hire us to form your Arizona LLC today, call 480-664-7478 or complete our online [LLC Formation Questionnaire](https://azllc.com/llcq). ## Arizona LLC Basics ### What is an Arizona LLC? An Arizona LLC, or limited liability company, is a legal entity created under Arizona law that separates its owners (called members) from the company itself. The LLC owns its own assets, enters into its own contracts, and is responsible for its own debts and liabilities. If someone sues the LLC over a business debt or claim, your personal assets — your home, car, and bank accounts — are protected as long as you operate the LLC properly. ### What are the benefits of forming an Arizona LLC? The primary benefits of an Arizona LLC are: - **Personal liability protection.** Members are generally not personally responsible for the LLC’s debts and lawsuits. This is the single most important reason people form LLCs. - **Pass-through taxation by default.** The IRS does not tax the LLC itself. Income and expenses pass through to the members’ personal tax returns, avoiding double taxation. - **Flexible management.** You choose whether the LLC is member managed or manager managed. - **Flexible ownership.** Members can be individuals, corporations, other LLCs, trusts, or estates. - **Credibility.** Operating as an LLC signals to customers and vendors that you are a serious business entity. - **No Arizona franchise tax.** Arizona does not charge an annual franchise tax or annual fee on LLCs — a significant advantage over states like California, which charges a minimum $800 annual LLC tax. ### Who can form an Arizona LLC? Almost anyone can form an Arizona LLC. You do not have to be an Arizona resident. A single person, a married couple, multiple partners, a foreign national, a corporation, another LLC, a trust, or an estate can all be members of an Arizona LLC. ### What do we call an owner of an Arizona LLC? Owners of Arizona LLCs are called members. ### How many members does an Arizona LLC need? An Arizona LLC must have at least one member. There is no maximum. A single-member LLC is entirely legal and very common. Multi-member LLCs can have two or more members with any ownership percentages the members agree to. ## Naming Your Arizona LLC ### What name can I give my Arizona LLC? Your Arizona LLC name must: 1. Be distinguishable from all other LLC and corporation names already on file with the Arizona Corporation Commission (ACC). 2. End with “Limited Liability Company,” “L.L.C.,” or “LLC” (or the PLLC equivalent for professional LLCs). 3. Not contain words that imply it is a government agency or a regulated profession unless you are properly licensed. You can check name availability for free on the Arizona Corporation Commission’s website. A slight variation — adding or removing a word, changing a singular to a plural — may make an unavailable name available. ### Can I reserve an Arizona LLC name before I am ready to file? Yes. You can reserve an LLC name with the Arizona Corporation Commission for up to 120 days for a small fee. The reservation gives you a six-digit reservation ID you will need when you file the Articles of Organization. If you are not ready to file right away, a name reservation prevents someone else from taking the name while you prepare. ## Creating Your Arizona LLC ### What document creates an Arizona LLC? An Arizona LLC is legally created when the Arizona Corporation Commission approves the LLC’s Articles of Organization. The Articles of Organization is a one-page document that states: - The LLC’s name - The LLC’s statutory agent and that agent’s address - The LLC’s principal address - Whether the LLC is member managed or manager managed - The names and addresses of all members (member-managed) or all 20%-or-greater members and all managers (manager-managed) The LLC does not legally exist until the ACC approves the filing. Everything in the Articles of Organization is public record. ### How do I file the Articles of Organization? You file the Articles of Organization online through the Arizona Corporation Commission’s eCorp system at [ecorp.azcc.gov](http://ecorp.azcc.gov/). You must first create a free eCorp account. The online process takes about 10 minutes and involves 10 steps: 1. Create an ACC account (or log in) 2. Entity search — check that your name is available 3. Entity information — email address, effective date, character of business 4. Statutory agent — name, address, and email 5. Principal address 6. Member and manager information 7. Organizer information 8. Optional document upload (if using custom Articles) 9. Digital signature 10. Review and payment See our detailed step-by-step guide with screenshots: *How to Form an LLC in Arizona Online in 10 Minutes*. ### How much does it cost to file the Articles of Organization? The Arizona Corporation Commission charges $50 for regular processing and $85 for expedited processing. When filing online through the eCorp system, only the $85 expedited filing fee is available. Paper filings use the $50 regular fee. These ACC fees are paid directly to the state and are separate from any attorney fees. ### How long does it take for the ACC to approve an Arizona LLC? When you file online and pay the $85 expedited fee, the ACC typically approves the LLC the same day — often within minutes — once the statutory agent accepts the appointment. Paper filings with the $50 regular fee take longer. Check current ACC processing times on the ACC website. ### What is an organizer? An organizer is the person who signs the LLC’s Articles of Organization. The organizer does not have to be a member or manager of the LLC. The organizer’s role ends once the Articles of Organization are filed. Every LLC needs at least one organizer. When an attorney forms your LLC, the attorney typically serves as the organizer. ## Statutory Agents ### What is a statutory agent and why does my Arizona LLC need one? A statutory agent — called a “registered agent” in most other states — is the person or entity designated to receive legal papers on behalf of the LLC. This includes lawsuits, subpoenas, and official government notices. Every Arizona LLC must have a statutory agent. The statutory agent must have a physical street address in Arizona (a PO box is not acceptable). The statutory agent can be: - An individual who is a permanent, full-time Arizona resident - An Arizona corporation or LLC - A foreign corporation or LLC authorized to transact business in Arizona The LLC itself cannot serve as its own statutory agent. ### What happens if the statutory agent does not accept the appointment? This is critical. After you file the Articles of Organization, the ACC sends the statutory agent an email asking them to log in to their eCorp account and formally accept the appointment. The statutory agent has only 7 days to accept. If the statutory agent fails to accept within 7 days, the ACC automatically rejects the filing — without review — and the LLC is never formed. Make sure your statutory agent knows to watch for the ACC email and accept the appointment immediately. ### Can I be my own statutory agent? Yes, if you are a permanent, full-time Arizona resident over age 17 with a permanent physical street address in Arizona. However, being your own statutory agent means your name and address appear on the ACC’s publicly searchable records. Many LLC owners prefer to use a professional statutory agent to keep their personal information off the public record. ### Can I hire KEYTLaw to be my statutory agent? Yes. KEYTLaw, LLC, serves as statutory agent for Arizona LLCs for $99 per year. Using KEYTLaw as your statutory agent means our firm’s address — not yours — appears on the ACC’s public records. To hire KEYTLaw as your statutory agent, complete and submit our online [Statutory Agent Questionnaire](https://www.keytlaw.com/arizona-statutory-agent/). ## Member-Managed vs. Manager-Managed ### What is the difference between a member-managed and a manager-managed LLC? Every Arizona LLC must be one of two types: - **Member managed.** Every member — even a 1% owner — has the legal authority to sign contracts, incur debts, and take actions that legally bind the LLC. This is the most common structure for small businesses with one or a few owners who all participate in running the business. - **Manager managed.** Members have no management authority. Only the designated managers — who may or may not be members — can sign contracts and act on behalf of the LLC. This structure is appropriate when passive investors own membership interests but only certain people should control the business. You must specify the management type in the Articles of Organization. If you later need to add or remove a manager in a manager-managed LLC, you must file an amendment to the Articles of Organization with the ACC. ### What information about members must appear in the Articles of Organization? For a member-managed LLC, the name and address of every member must be listed. For a manager-managed LLC, the name and address of every member who owns 20% or more of the LLC’s profits must be listed, along with the name and address of every manager. All of this information is publicly accessible on the ACC’s website. ## Operating Agreement ### What is an Operating Agreement and does my Arizona LLC need one? An Operating Agreement is a private contract among the members of the LLC that governs how the LLC is owned, managed, and operated. Arizona law does not require an LLC to have one — but operating without one is a serious mistake. Without a written Operating Agreement, your LLC is governed by Arizona’s default LLC statutes, which are often unfavorable and may not reflect what you and your co-owners actually intend. A well-written Operating Agreement addresses: - Ownership percentages and capital contributions - How profits and losses are allocated - Management authority and decision-making rules - What happens when a member dies, becomes disabled, or wants to sell - How the LLC is dissolved or wound up - For married members: ownership as community property with right of survivorship Read our article [*19 Ways You Can Be Harmed if Your Arizona LLC Lacks a Well Written Operating Agreement*](https://azllc.com/oa/) to understand what is at stake. ### How much does KEYTLaw charge to prepare an Operating Agreement? KEYTLaw charges $297 for a custom Operating Agreement for a single-member LLC or a married couple LLC, and $797 for a multi-member LLC. To hire us, complete our [online Operating Agreement Questionnaire](https://azllc.com/oaq/). All LLCs we form include a custom Operating Agreement. ## Arizona Married Couples and LLC Ownership ### Do both spouses need to be listed as members if a married Arizona couple owns the LLC? It depends on the management structure. For a member-managed LLC, Arizona law requires both spouses to be listed as members when the membership interest is community property. For a manager-managed LLC, both spouses must be listed if they own 20% or more of the LLC’s profits as community property. The omission of a spouse from the Articles of Organization does not eliminate that spouse’s ownership rights, but it creates confusion and potential legal disputes. If a married person wants to own an LLC interest as separate property — not as community property — the non-owner spouse must sign a written Disclaimer relinquishing any ownership claim in the LLC interest. ### What is community property with right of survivorship, and why does it matter for an LLC? Arizona recognizes two types of community property: - **Standard community property.** When one spouse dies, the deceased spouse’s half interest does not automatically transfer to the surviving spouse. It may need to go through probate or pass under the deceased spouse’s will or trust — which could leave the interest to someone other than the surviving spouse. - **Community property with right of survivorship (CPWROS).** When one spouse dies, the deceased spouse’s half interest automatically transfers to the surviving spouse — no probate required. To own an LLC interest as CPWROS, both spouses must sign a document — such as the LLC’s Operating Agreement — that contains specific statutory language agreeing to that ownership form. KEYTLaw’s Operating Agreements include this language for married members who want automatic transfer on death. ## Taxes and Annual Requirements ### How is an Arizona LLC taxed? By default: - A single-member LLC is treated by the IRS as a disregarded entity. Its income and expenses flow directly to the owner’s personal tax return (Schedule C). No separate federal tax return is filed for the LLC. - A multi-member LLC is treated as a partnership. It files a partnership return (Form 1065), and each member receives a Schedule K-1 reporting their share of income or loss. An LLC can elect to be taxed as an S corporation or C corporation by filing the appropriate IRS election forms. Arizona follows the federal tax classification for state income tax purposes. Consult a CPA before choosing a tax classification. Richard C. Keyt is both an Arizona LLC attorney and a former CPA — he can advise on both the legal and tax dimensions of your LLC. ### Does Arizona have an annual LLC fee or franchise tax? No. Arizona does not impose an annual franchise tax or annual fee on LLCs. This is a major advantage over states like California, which charges a minimum $800 annual LLC franchise tax — even if the LLC earns no money. Arizona LLC owners pay state income tax on their share of LLC income, but there is no additional state tax just for being an LLC. ### Does an Arizona LLC need an EIN? Arizona does not require an EIN just to form an LLC. However, most LLCs need an EIN (federal Employer Identification Number) to open a business bank account, hire employees, or elect to be taxed as a corporation. A single-member LLC with no employees may use the owner’s Social Security Number for tax filing, but obtaining an EIN is strongly recommended. You apply for an EIN for free at irs.gov. ### What is the Arizona LLC annual report requirement? Arizona is one of the few states that does not require LLCs to file an annual report with the Arizona Corporation Commission, and the ACC charges no annual LLC fee. This is another cost-saving advantage of forming your LLC in Arizona. (Arizona corporations, by contrast, must file an annual report and pay an annual fee.) ## Professional LLCs (PLLCs) ### What is an Arizona PLLC? A PLLC — professional limited liability company — is the LLC form required when the members are licensed professionals in the same profession, such as attorneys, doctors, dentists, engineers, architects, or accountants. A PLLC provides the same liability protection and management flexibility as a standard LLC. The formation process is identical to a standard LLC, but the name must end in “PLLC” or “P.L.L.C.” and all members must hold the required professional licenses. ## Estate Planning for Your Arizona LLC ### What happens to my LLC when I die? If you own your LLC membership interest in your personal name and you die without a trust, your LLC interest must go through Arizona probate before it can be transferred to your heirs. Probate is expensive, time-consuming, and public. Your loved ones may have to wait months or longer to gain control of the business. To avoid probate on your LLC interest, you should: - Own the interest in a revocable living trust (KEYTLaw’s Gold LLC package includes one) - Use an LLC beneficiary designation form - Hold the interest as community property with right of survivorship with your spouse Read our article [*3 Ways Your Loved One Will Be Harmed If You Own an LLC and Do Not Prepare for Death*](https://www.keytlaw.com/azllclaw/2020/11/member-dies/). ## After Your LLC Is Formed ### What should I do after forming my Arizona LLC? After the ACC approves your Articles of Organization, several important tasks remain: 1. **Download your documents.** Log in to your ACC eCorp account and download the approved Articles of Organization and the ACC approval letter. Save them with your important business records. 2. **Sign an Operating Agreement.** Have all members sign a written Operating Agreement — do not skip this step. 3. **Apply for a federal EIN** at irs.gov. 4. **Open a business bank account** in the LLC’s name. Never commingle personal and business funds. 5. **Transfer assets.** If the LLC will own real estate, vehicles, or other property, transfer title into the LLC’s name. 6. **Obtain business licenses or permits** required by the state, county, or city for your type of business. 7. **Comply with any publication requirement** if your statutory agent’s address is outside Maricopa County or Pima County. 8. **Plan your estate.** Make sure your LLC interest will pass to your loved ones without probate. ## Hire KEYTLaw to Form Your Arizona LLC ### What Arizona LLC formation packages does KEYTLaw offer? KEYTLaw offers three LLC formation packages. All three include a custom Operating Agreement and same-day filing and approval. - **Bronze LLC — $497.** Includes 9 services. Best for those on a budget who need a solid LLC with a compliant Operating Agreement. - **Silver LLC — $897.** Includes 15 services. Our most popular package. - **Gold LLC — $1,397.** Includes 21 services. This is our confidential LLC. A revocable living trust is named as the sole member, keeping your name and home address off the ACC’s public records. The trust also transfers the LLC and other trust assets to your loved ones at death without probate. See the full contents of each package at [azllc.com/contents](https://azllc.com/contents). ### What is a confidential LLC and how does it protect my privacy? In our Gold LLC formation package we draft a revocable living trust for you. The trust — not you personally — is listed as the sole member of the LLC in the public Articles of Organization. KEYTLaw’s address is used for the trust. This keeps your personal name and home address off the Arizona Corporation Commission’s publicly searchable database. The trust names you as the trustee and beneficiary so you retain full control and all economic benefits of the LLC. ### How do I hire KEYTLaw to form my Arizona LLC? Two easy options: - **Online:** Complete and submit our [LLC Formation Questionnaire](https://azllc.com/llcq). The process takes 5 to 10 minutes. - **Phone:** Call Richard Keyt (father) at 480-664-7478 or Richard C. Keyt (son) at 480-664-7472. - **Book a free consultation:** Schedule a free phone, office, or Zoom consultation at keytlaw.com/rk (Richard) or keytlaw.com/rck (Ricky). **100% Satisfaction Guarantee.** If you hire us and are not satisfied, we will refund your LLC formation fee less the ACC filing fee. Nobody gives you more than we do for the price. Arizona LLC attorneys Richard Keyt and his son, attorney and former CPA Richard C. Keyt, have formed 10,000+ Arizona LLCs. When you hire us, an experienced Arizona LLC attorney — not a paralegal or an online form service — forms your company, drafts your custom Operating Agreement, and files your Articles of Organization the same day. See the fees and contents of our [3 LLC Formation Packages](https://azllc.com/contents). To hire us to form an LLC submit our online questionnaire at [azllc.com/llcq](https://azllc.com/llcq), or call 480-664-7478 or email rk@keytlaw.com. ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 423 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona LLC Frequently Asked Questions | KEYTLaw](https://www.keytlaw.com/arizona-llc-faq/) **Published:** June 13, 2026 **Author:** Richard Keyt **Content:** # Arizona LLCs Frequently Asked Questions Written by Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472). & rck@keytlaw.com).. Book a free offfice, phone or Zoom meeting using our [online calendar](https://www.keytlaw.com/calendar). Navigating the rules of starting and running a business in Arizona can be complex, but getting it right is crucial to protecting your assets. Written by experienced Arizona LLC attorneys who have formed over 10,000 limited liability companies and who have 424 five-star Google, Facebookand Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680), this comprehensive FAQ guide provides clear, legally accurate answers to the most common questions about Arizona LLCs. Whether you are ready to form a new company, need help operating an existing one, or want to understand how to transfer real estate to your LLC, browse our in-depth guides below. Select a topic to find the answers you need to protect yourself and your business. Last Updated: June 21, 2026 ![llcs-faq](https://www.keytlaw.com/wp-content/uploads/2026/06/llcs-faq-1024x559.png "llcs-faq - KEYTLaw") ## Top 10 Most Common Arizona LLC Questions **How much does it cost to form an Arizona LLC?** The Arizona Corporation Commission charges a $50 filing fee for regular processing or $85 for expedited processing of your Articles of Organization. If you hire KEYTLaw to form your LLC, our packages start at $497 for the Bronze package, which includes drafting and filing the Articles of Organization. Our Silver package ($897) adds a custom Operating Agreement, an EIN, and our 170-page Arizona LLC Operations Manual. **How long does it take to form an Arizona LLC?** When KEYTLaw is hired and paid, we get your Articles of Organization approved the same day. Regular ACC processing without expediting takes about 30 days, expedited paper filing takes 5-7 days, and expedited online filing can be approved in as little as 10 minutes. **Does an Arizona LLC need a Statutory Agent?** Yes. Every Arizona LLC must designate a Statutory Agent, also called a Registered Agent, to receive official legal and state documents on the LLC’s behalf. The agent must maintain a physical street address in Arizona (not a PO Box) and be available to accept legal notices and forward them promptly to the LLC. **Does Arizona require LLCs to file an annual report or pay an annual fee?** No. Unlike most states, Arizona does not require LLCs to file an annual report or pay an annual renewal fee. Once your LLC is approved, it stays in good standing indefinitely with no recurring state fees, which makes Arizona one of the most affordable states for maintaining a business entity. **Do I need an Operating Agreement for my Arizona LLC?** Arizona law does not legally require an LLC to have an Operating Agreement, but operating without one is risky. Without a signed agreement, your LLC defaults to Arizona’s statutory rules, which split profits and voting power equally among members regardless of how much each member actually contributed or owns. A custom Operating Agreement overrides these defaults and gives you legal proof of ownership that banks, title companies, and courts require. **How is an Arizona LLC taxed?** The IRS does not have a separate tax category for LLCs. By default, a single-member LLC is taxed as a disregarded entity (like a sole proprietorship), and a multi-member LLC is taxed as a partnership. LLC owners can also elect to have the LLC taxed as an S corporation or C corporation if that classification produces a better tax outcome for their situation. **Can a minor own an interest in an Arizona LLC?** Yes. Arizona law has no minimum age requirement for LLC members, so a child under 18 can legally own a membership interest. However, because minors cannot enter into binding contracts, they cannot sign agreements or open bank accounts for the LLC. An adult manager, parent, guardian, or trust typically needs to handle the LLC’s legal and financial obligations on the minor’s behalf. **What happens to my Arizona LLC if I die without a plan?** Without proper planning, your LLC membership interest does not automatically pass to your loved ones. It must go through Arizona probate unless the value of your personal property is under $200,000, and your heirs may inherit only an economic interest with no voting or management rights. Transferring your LLC interest into a revocable living trust, or holding it as community property with right of survivorship for married couples, allows the interest to pass automatically and avoid probate. **How do I add or remove a member from my Arizona LLC?** Adding or removing a member requires three steps: signing a written Assignment of Membership Interest to transfer ownership, updating the LLC’s Operating Agreement to reflect the new membership structure, and filing an Amendment to the Articles of Organization with the Arizona Corporation Commission. Skipping any of these steps can leave your LLC’s ownership records legally unclear. **How do I dissolve or terminate an Arizona LLC?** Terminating an Arizona LLC is a two-phase process: first winding up the business by paying debts and distributing remaining assets in the order required by law, then filing Articles of Termination with the Arizona Corporation Commission. The tax consequences of dissolving depend on how the IRS classifies your LLC, so it’s worth reviewing both the legal and tax sides before you start the process. ## LLC Frequently Asked Questions Table of Contents ## **Forming an Arizona LLC** - ### **[FAQ: Arizona LLC Formation Services](https://www.keytlaw.com/form-arizona-llc-faq/)** - ### **[FAQ: Contents of Our 3 LLC Formation Packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/)** - ### **[FAQ: What is an Arizona Statutory Agent & Its Requirements?](https://www.keytlaw.com/arizona-llc-statutory-agent-faq/)** - ### **[FAQ: How to Open a Bank Account for an Arizona LLC](https://www.keytlaw.com/arizona-llc-bank-account/)** - ## **[FAQ: How to Get an EIN for an Arizona LLC](https://www.keytlaw.com/arizona-llc-ein/)** - ## **[FAQ: LLC Taxation Explained: 4 Ways the IRS Taxes LLCs](https://www.keytlaw.com/how-llcs-are-taxed/)** - ## **[FAQ: Arizona LLC Membership: Community vs. Separate Property](https://www.keytlaw.com/arizona-llc-community-vs-separate-property/)** - ## **[FAQ: How to Make Your AZ LLC Your Sole & Separate Property](https://www.keytlaw.com/arizona-llc-spousal-disclaimer/)** - ## **[FAQ: Can a Child Under 18 Own an Interest in an Arizona LLC?](https://www.keytlaw.com/can-minor-own-llc-arizona/)** - ## **[FAQ: California’s $800 LLC Tax: Guide for CA Residents](https://www.keytlaw.com/california-llc-minimum-tax)** - ## **Operating & Managing an Arizona LLC** - ### [**FAQ: How to Fund an Arizona LLC : Capital Contribution or Loan**](https://www.keytlaw.com/how-to-fund-llc/) - ### [**FAQ: Member Loans to an Arizona LLC: Tax & Legal Rules**](https://www.keytlaw.com/arizona-llc-member-loans/) - ### **[FAQ: AZ LLC](https://www.keytlaw.com/arizona-llc-profits-distributions/)**[ Defau](https://www.keytlaw.com/arizona-llc-profits-distributions/)[lt](https://www.keytlaw.com/arizona-llc-profits-distributions/)**[ Allocation of Profits, Votes & Distributions](https://www.keytlaw.com/arizona-llc-profits-distributions/)** - ### **[FAQ: No Operating Agreement? How AZ Allocates LLC Profits](https://www.keytlaw.com/multi-member-llc-profits-distributions-az/)** - ### **[FAQ: 19 Arizona LLC Operating Agreement FAQs](https://www.keytlaw.com/arizona-llc-operating-agreement-faq/)** - ### **[FAQ: Does an Arizona LLC Have to File ](https://www.keytlaw.com/arizona-llc-faq-arizona-llc-annual-report/)[a Report or Pay a Fee?](https://www.keytlaw.com/arizona-llc-faq-arizona-llc-annual-report/)** - ### **[FAQ: How to Get a Trade Name / DBA in Arizona](https://www.keytlaw.com/arizona-trade-name-law/)** - ### **[FAQ: How to Amend an Arizona LLC’s Articles of Organization](https://www.keytlaw.com/arizona-llc-amendment/)** - ### **[FAQ: How to Change, Replace, or Resign an Arizona Statutory Agent](https://www.keytlaw.com/change-arizona-llc-statutory-agent/)** - ### **[FAQ: How Do I Make a Gift of My Arizona LLC Inte](https://www.keytlaw.com/how-to-give-az-llc-membership-interest/)[rest?](https://www.keytlaw.com/how-to-give-az-llc-membership-interest/)** - ### **[FAQ: LLC Owners: How to Legally Hire & Pay Your Child](https://www.keytlaw.com/hire-child-of-llc-member/)** - ### **[FAQ: What Happens to Your Arizona LLC When You Die?](http://https-www-keytlaw-com-arizona-llc-transfer-on-death/)** ## **Adding, Removing & Protecting LLC Members** - ### [**FAQ: How to Prove Members of an Arizona LLC**](https://www.keytlaw.com/arizona-llc-membership-proof) - ### [**FAQ: How to Add or Remove a Member of an Arizona LLC**](https://www.keytlaw.com/add-remove-llc-member/) - ### [**FAQ: How Members of an LLC Pay Themselves**](https://www.keytlaw.com/how-llc-members-pay-themselves/) - ### [**FAQ: Arizona LLC Meetings: Rules, Minutes & Requirements**](https://www.keytlaw.com/arizona-llc-annual-meetings/) - ### [**FAQ: Arizona LLC Member Disputes: Guide to an LLC Divorce**](https://www.keytlaw.com/arizona-llc-member-disputes/) - ### [**FAQ:: Resolving Arizona LLC Member Disputes: 6 Legal Options**](https://www.keytlaw.com/resolving-az-llc-member-disputes/) - ### [**FAQs about Buy-Sell Agreements for Multi-Member LLCs**](https://www.keytlaw.com/llc-buy-sell-agreement-faqs/) ## **Transferring Real Estate & Property to an Arizona LLC** - ### [**FAQ: Why an Arizona LLC Should Own Your Rental Property**](https://www.keytlaw.com/arizona-llc-rental-property/) - ### [**FAQ: How to Transfer Rental Property to an AZ LLC (Includes Notice Letter to Tenant)**](https://www.keytlaw.com/arizona-llc-for-rental-property/) - ### [**FAQ: How to Insure Rental Property Transferred to an LLC**](https://www.keytlaw.com/llc-rental-property-insurance/) - ### [**FAQ: How to Transfer Land to an LLC & Avoid a Due on Sale**](https://www.keytlaw.com/avoid-due-on-sale-clause-llc/) - ### [**FAQ: Does Transferring Land to LLC Trigger a Due on Sale Clause?**](https://www.keytlaw.com/due-on-sale-clause-llc/) ## **Dissolving & Closing an Arizona LLC** - ### [**FAQ: Terminate an Arizona LLC:** **Step-by-Step Guide**](https://www.keytlaw.com/terminate-arizona-llc/) - ### **[FAQ:](https://www.keytlaw.com/tax-consequences-dissolving-az-llc/)[ **Federal Tax Consequences of Terminating an AZ LLC**](https://www.keytlaw.com/tax-consequences-dissolving-az-llc/)** ## The FAQs ## [**FAQ: Arizona LLC Formation Services**](https://www.keytlaw.com/form-arizona-llc-faq/) This comprehensive FAQ provides authoritative legal and administrative details on forming an Arizona LLC. Key topics covered include: - **Costs & Filing Fees:** Details on the Arizona Corporation Commission (ACC) $50 regular and $85 expedited filing fees. - **Processing Timelines:** We get Articles of Organization approved the same day we are hired and paid. Expected ACC approval times, including 30-day regular processing, 5-7 day expedited paper processing, and instant/10-minute online expedited processing. - **Publication Requirements:** Rules regarding when an LLC must publish a notice in a local newspaper (required for statutory agents located outside Maricopa and Pima counties). When we are the statutory agent we are in Maricopa County so publication is not required. - **Taxation:** An overview of the four ways an LLC can be taxed by the IRS (sole proprietorship, partnership, C-corporation, etc.). - **Formation Options:** A comparison between a 10-step Do-It-Yourself online formation process and hiring KEYTLaw using their Bronze, Silver, or Gold (confidential) LLC packages. ## [**FAQ: Contents of Our 3 LLC Formation Packages**](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) This FAQ details the Arizona LLC formation services and Frequently Asked Questions (FAQ) provided by KEYTLaw, an Arizona law firm led by attorneys Richard Keyt and Richard C. Keyt. The firm has formed over 10,000 LLCs and offers three tiered formation packages that feature same-day document preparation and lifetime free legal support for LLC-related questions: - **Bronze Package ($497):** Covers the essential LLC formation services, including drafting and filing the Articles of Organization with the Arizona Corporation Commission (ACC). - **Silver Package ($897):** The firm’s most popular tier. It includes everything in the Bronze package, plus the preparation of a custom LLC Operating Agreement, obtaining an Employer Identification Number (EIN) from the IRS, and access to the comprehensive 170-page *Arizona LLC Operations Manual*. - **Gold Package ($1,397):** Designed for privacy and estate planning, this “Confidential LLC” package includes all Silver features plus a custom revocable living trust. This trust keeps the owner’s name and home address off the ACC’s public records and ensures the LLC can pass to heirs without going through probate. The FAQ section clarifies important procedural details, including ACC processing timelines (regular vs. expedited filing fees), the legal necessity of having a well-written Operating Agreement for asset protection, statutory agent requirements, and the step-by-step process for hiring KEYTLaw either online or by telephone. Watch our video about [Forming a Confidential Arizona LLC](https://www.youtube.com/watch?v=actc5yEdipw) that keeps your name and address off the public records of the Arizona Corporation Commission. This overview from the attorneys directly explains their Bronze, Silver, and Gold LLC packages, providing helpful context on how the confidential trust structure protects a business owner’s public information. ## [**FAQ: What is an Arizona Statutory Agent** **& Its Requirements?**](https://www.keytlaw.com/arizona-llc-statutory-agent-faq/) Every Arizona LLC and corporation **must** designate a Statutory Agent (sometimes called a “Registered Agent”) to receive official legal and state documents. This mandatory point of contact ensures your business stays compliant with the Arizona Corporation Commission (AZCC). - **Who can be an agent?** An Arizona resident or a business entity authorized to act as an SA, provided they maintain a **physical street address** in the state (not a PO Box) and are publicly accessible. - **What are their duties?** The agent must have a physical presence, accept legal notices promptly, and forward all crucial documents to your LLC. - **How do you change one?** A specific “Statement of Change” form must be filed directly with the AZCC. ## [**FAQ: How to Open a Bank Account for an Arizona LLC**](https://www.keytlaw.com/arizona-llc-bank-account/) This FAQ guide by Arizona LLC attorneys at KEYTLaw explains the steps and requirements for opening a business bank account for a newly formed Arizona Limited Liability Company (LLC). It details the essential documents banks require, including an IRS-issued Employer Identification Number (EIN), approved Articles of Organization from the Arizona Corporation Commission (ACC), and an LLC Operating Agreement. The article also highlights the legal importance of using a dedicated business bank account to separate finances, maintain the corporate veil, and protect personal assets from business liabilities ## **[**FAQ: How to Get an EIN for an Arizona LLC**](https://www.keytlaw.com/arizona-llc-ein/)** This FAQ covers: - **Topic:** How to get an Employer Identification Number (EIN) for an Arizona Limited Liability Company (LLC). - **Authors:** Richard Keyt and Richard C. Keyt, Arizona LLC and estate planning attorneys. - **Core Concept:** Every new Arizona LLC requires a federal EIN to legally operate and maintain corporate formalities, most notably to open a business bank account. - **Content:** A comprehensive FAQ section answering the most common questions new LLC owners have regarding the rules, requirements, and steps to apply for an EIN with the IRS. ## **[FAQ: LLC Taxation Explained: 4 Ways the IRS Taxes LLCs](https://www.keytlaw.com/how-llcs-are-taxed/)** This FAQ page, authored by Arizona LLC attorneys Richard Keyt and Richard C. Keyt, explains how Limited Liability Companies (LLCs) are taxed by the IRS and the state of Arizona. It clarifies that the IRS does not have a specific tax category for LLCs, detailing the default tax classifications for single-member LLCs (disregarded entities) and multi-member LLCs (partnerships), as well as how business owners can elect to have their LLC taxed as an S Corporation or C Corporation. ## [**FAQ: Arizona LLC Membership: Community vs. Separate Property**](https://www.keytlaw.com/arizona-llc-community-vs-separate-property/) This FAQ explains how Arizona’s community property laws affect Limited Liability Company (LLC) ownership for married individuals. Because Arizona is a community property state, any LLC membership interest acquired during marriage is legally presumed to be owned jointly by both spouses. This article details the differences between community and separate property, the legal steps required to classify an LLC interest as separate property (such as executing a Spousal Consent or Disclaimer), and how these classifications impact asset protection, divorce, and estate planning. ## [**FAQ: How to Make Your AZ LLC Your Sole & Separate Property**](https://www.keytlaw.com/arizona-llc-spousal-disclaimer/) This FAQ explains why married individuals who form an Arizona LLC without their spouse must have the non-owner spouse sign a disclaimer. Because Arizona is a community property state, signing a spousal disclaimer ensures that the LLC membership interest is legally protected and classified as the owner spouse’s sole and separate property, rather than joint community property. ## **[FAQ: Can a Child Under 18 Own an Interest in an Arizona LLC?](https://www.keytlaw.com/can-minor-own-llc-arizona/)** Yes, a minor can own an interest in an Arizona LLC because Arizona law does not have a minimum age requirement for LLC members. However, because minors lack the legal capacity to enter into legally binding contracts, they cannot sign agreements, open business bank accounts, or actively manage the company. To operate successfully, an LLC with a minor member typically requires an adult manager, parent, guardian, or a trust to handle the business’s legal and financial obligations. ## [**FAQ: California’s $800 LLC Tax:** Guide for CA Residents](https://www.keytlaw.com/california-llc-minimum-tax) **Are you a California resident who has formed—or is considering forming—an out-of-state LLC, such as in Arizona, to bypass California’s mandatory $800 minimum annual franchise tax?** While this is a popular strategy, many residents inadvertently trigger this substantial tax liability and face expensive penalties. This legal guide, written by Richard Keyt, provides a clear explanation of how the California Franchise Tax Board (FTB) views out-of-state LLCs with California-resident members. We unpack the critical, often confusing concepts that determine tax liability, including: - **When an out-of-state LLC is legally considered to be “Doing Business” in California.** - The essential distinction between **Active Members** and **Passive Members**, and why it matters for the $800 tax. - The specific conditions under which a California resident’s out-of-state LLC is truly exempt from the annual tax. Read this FAQ before making a final decision, as understanding these complex rules is vital to ensure legal compliance and avoid a surprise tax bill. Operating an Arizona LLC FAQs ### [**FAQ: How to Fund an Arizona LLC : Capital Contribution or Loan**](https://www.keytlaw.com/how-to-fund-llc/) When funding a newly formed LLC, members must legally classify their financial input as either a capital contribution (equity) or a member loan (debt). This classification dictates the LLC’s tax treatment, the member’s asset protection, and the priority of repayment during liquidation. Proper legal documentation is critical to avoid IRS penalties or recharacterization. **Key Takeaways** - **Capital Contributions (Equity):** Funds or property transferred in exchange for an ownership interest. It increases the member’s capital account and tax basis. However, contributing members are equity holders, meaning they are paid last in the event of an LLC liquidation. - **Member Loans (Debt):** The member lends funds to the LLC, establishing themselves as a creditor. This provides priority repayment over equity holders during dissolution. The LLC can deduct interest payments as a business expense, while the member reports the interest as ordinary income. - **Promissory Note Compliance:** To be legally recognized by the IRS and courts, a member loan *must* be backed by a written promissory note. The note requires a fixed repayment schedule, a maturity date, and an interest rate at or above the IRS Applicable Federal Rate (AFR). Failure to do so risks the IRS recharacterizing the loan as a capital contribution. - **Member Resolutions:** Both funding methods legally require a formal “Member Resolution” (Consent of Members). This written authorization establishes a contemporaneous paper trail, protects creditor status, and gives exact bookkeeping instructions to the LLC’s CPA. ## [FAQ: Member Loans to an Arizona LLC: Tax & Legal Rules](https://www.keytlaw.com/arizona-llc-member-loans/) This article by Arizona LLC attorney Richard Keyt provides a comprehensive guide on the legal, tax, and practical rules for when a member loans money to an Arizona LLC. **Key Takeaways:** - **Legality:** Arizona law allows LLC members to loan money to their LLCs, provided the transaction is handled correctly. - **Documentation:** The loan must be formalized with a written promissory note signed by the LLC and should be recorded as a liability on the LLC’s books, rather than as a capital contribution. - **Tax Rules:** The loan must charge an interest rate that is at least equal to the IRS Applicable Federal Rate (AFR). If the transaction lacks the standard characteristics of true debt, the IRS may recharacterize the loan as a capital contribution, which can lead to adverse tax consequences. - **Protection:** Lending members should consider securing the loan with a UCC lien or a deed of trust against the LLC’s assets. - **Approval & Priority:** Whether the loan requires approval from other members depends on the LLC’s operating agreement. The article also covers the lending member’s priority in the event of default or company dissolution. This FAQ serves as a complete roadmap for both single-member and multi-member Arizona LLCs to ensure member loans are legally sound and tax-compliant. ## [**FAQ: AZ LLC Default Allocation of Profits, Votes & Distributions**](https://www.keytlaw.com/arizona-llc-profits-distributions/) Without a written Operating Agreement, an Arizona LLC defaults to the rules of the Arizona Limited Liability Company Act. By default, Arizona law dictates that all profits, financial distributions, and management votes are divided **equally** among all LLC members. This means a member who contributes $99,000 gets the exact same profit share and voting power as a member who contributes $1,000. To allocate profits and votes based on actual ownership percentages, you must have a custom Operating Agreement drafted by an Arizona LLC attorney. ## [**FAQ: No Operating Agreement? How AZ Allocates LLC Profits**](https://www.keytlaw.com/multi-member-llc-profits-distributions-az/) If an Arizona multi-member LLC does not have an operating agreement, Arizona LLC law (A.R.S. § 29-3401) dictates that profits, losses, and distributions are allocated based on the **value of each member’s capital contributions**—not divided equally or by ownership percentage. In this guide, Arizona LLC attorney Richard Keyt explains these default rules, how they can trigger surprise tax bills, and why drafting a custom operating agreement is essential to protect your business. ## [**FAQ: 19 Arizona LLC Operating Agreement FAQs**](https://www.keytlaw.com/arizona-llc-operating-agreement-faq/) **Quick Summary: Do you need an Operating Agreement for an Arizona LLC?** While Arizona law does not legally require an LLC or PLLC to have an Operating Agreement, operating without one leaves your business vulnerable to Arizona’s default LLC statutes. Without a comprehensive, signed agreement, the state dictates how your company is run. Skipping an Operating Agreement can severely harm your business by: - **Splitting profits equally,** regardless of each member’s actual ownership percentage or financial investment. - **Granting equal voting rights** to all members, meaning a 10% owner has the same power as a 90% owner. - **Failing to provide legal proof of ownership,** which banks, title companies, and courts require. In this FAQ Arizona LLC attorneys Richard Keyt and Richard C. Keyt answer the **19 most frequently asked questions** about LLC Operating Agreements, explaining how a custom contract overrides state defaults to protect your assets, your partners, and your company. ## [**FAQ: Does an Arizona LLC Have to File** ](https://www.keytlaw.com/arizona-llc-faq-arizona-llc-annual-report/)[**a Report or Pay a Fee?**](https://www.keytlaw.com/arizona-llc-faq-arizona-llc-annual-report/) Unlike most states, Arizona does **not** require LLCs to file an annual report or pay an annual renewal fee to the Arizona Corporation Commission. Once your Arizona LLC is approved, it remains in good standing indefinitely without any recurring state renewal fees, making Arizona one of the most budget-friendly states in the country for maintaining a business ## [**FAQ: How to Get a Trade Name / DBA in Arizona**](https://www.keytlaw.com/arizona-trade-name-law/) **Arizona Trade Name (DBA) Quick Facts:** - **What is it?** A DBA (“Doing Business As”) allows you to legally operate a business under a name other than your personal or legal entity name. - **Where to register:** Trade names are filed with the Arizona Secretary of State. - **How long does it last?** An Arizona trade name registration is valid for five years before it must be renewed. - **Does it protect my name?** No. Unlike a trademark, registering a trade name in Arizona does not grant exclusive legal rights to the name. *Read our complete FAQ above to learn exactly how to register your DBA, check name availability, and ensure your Arizona business is legally compliant.* ## [**FAQ: How to Amend an Arizona LLC’s Articles of Organization**](https://www.keytlaw.com/arizona-llc-amendment/) If your Arizona LLC changes its name, adds or removes a member, or updates its managers, Arizona law requires you to file an Amendment to your Articles of Organization with the Arizona Corporation Commission (ACC) within 30 days. Failing to report these changes on time puts your business at risk of administrative dissolution. In this FAQ, experienced Arizona LLC attorneys Richard Keyt and Richard C. Keyt answer your most common questions about filing deadlines, ACC fees, and the step-by-step process for successfully amending your Arizona LLC to keep your company in good standing. ## [**FAQ: How to Change, Replace, or Resign an Arizona Statutory Agent**](https://www.keytlaw.com/change-arizona-llc-statutory-agent/) Need to change or replace the statutory agent for your Arizona LLC? This complete guide explains the four-step process to update your statutory agent under ARS Section 29-3116. It also covers the legal requirements for an agent to resign without the LLC’s permission (ARS Section 29-3117) and the serious risk of administrative dissolution if your LLC fails to appoint a replacement within 60 days ## [FAQ: How Do I Make a Gift of My Arizona LLC Interest?](https://www.keytlaw.com/how-to-give-az-llc-membership-interest/) To gift an Arizona LLC membership interest, you must legally transfer your ownership percentage to another person or entity. The exact process depends on whether your Arizona limited liability company has an Operating Agreement and if that agreement restricts membership transfers. Generally, making a gift requires a written **Assignment of Membership Interest** document and approval from the other LLC members. The process generally requires these steps: 1. **Review your Operating Agreement** for transfer restrictions. 2. **Obtain consent** from existing members, if required. 3. **Sign a written Assignment of Membership Interest** document. 4. **Update your LLC records** to reflect the new ownership.” ## [**FAQ: LLC Owners: How to Legally Hire & Pay Your Child**](https://www.keytlaw.com/hire-child-of-llc-member/) An Arizona LLC can legally hire a business owner’s child. According to Arizona LLC attorneys Richard and Ricky Keyt, the IRS allows this as long as the child performs actual, age-appropriate duties and receives reasonable compensation. Hiring your minor child through a single-member LLC can legally shift income to a lower tax bracket and save you money on Medicare, Social Security, and unemployment taxes. ## **[FAQ: What Happens to Your Arizona LLC When You Die?](http://https-www-keytlaw-com-arizona-llc-transfer-on-death/)** When an Arizona LLC member dies, their membership interest does not automatically transfer to their loved ones. Without proper planning, the LLC interest must go through a costly, time-consuming Arizona probate process unless the total value of the deceased member’s personal property is less than $200,000. Your heirs may inherit only an “economic interest” with absolutely no voting or management rights. Fortunately, you can completely avoid probate and ensure a seamless transition of your business by establishing an **Arizona LLC transfer on death** strategy. The most effective ways to legally transfer your LLC membership interest upon death include: - Transferring your LLC ownership into a **Revocable Living Trust**. - Holding the LLC interest as **Community Property with Right of Survivorship** (for married couples). This causes the interest of the deceased spouse to pass automatically to the surviving spouse Read our Frequently Asked Questions above to learn how to protect your Arizona LLC from the probate court. Arizona LLC Member Issues FAQs ## [**FAQ: How to Prove Members of an Arizona LLC**](https://www.keytlaw.com/arizona-llc-membership-proof) To prove you are a member of an Arizona LLC, the most definitive legal document is a fully signed, written Operating Agreement. Because the Arizona Corporation Commission (ACC) does not issue membership certificates or track LLC ownership percentages, banks, title companies, and courts rely on your Operating Agreement as official proof of your LLC membership. ## [**FAQ: How to Add or Remove a Member of an Arizona LLC**](https://www.keytlaw.com/add-remove-llc-member/) To legally add or remove a member of an Arizona LLC, you must complete three essential steps: (1) execute a written Assignment of Membership Interest from the current member to the new member that transfers ownership, (2) update the LLC’s Operating Agreement to reflect the new member structure, and (3) file an Amendment to the Articles of Organization with the Arizona Corporation Commission (ACC). Read our frequently asked questions below to learn exactly how to change your LLC’s ownership, avoid common legal mistakes, and keep your business compliant. ## [**FAQ: How Members of an LLC Pay Themselves**](https://www.keytlaw.com/how-llc-members-pay-themselves/) Members of an LLC typically pay themselves using one of three methods, depending on how the company is taxed: - **Owner’s Draws (Distributions):** For LLCs taxed as sole proprietorships or partnerships, members transfer profits directly to their personal accounts. These draws are subject to self-employment taxes. - **W-2 Salary:** If the LLC elects to be taxed as an S-Corporation, active members must pay themselves a ‘reasonable salary’ through payroll. Remaining profits can then be taken as tax-advantaged distributions. - **Guaranteed Payments:** In multi-member LLCs, members can receive fixed payments for their services or capital, regardless of the business’s profitability.” ## [**FAQ: Arizona LLC Meetings: Rules, Minutes & Requirements**](https://www.keytlaw.com/arizona-llc-annual-meetings/) Arizona LLC law does not require a limited liability company to hold annual member or manager meetings, nor does it require formal meeting minutes. However, if your LLC’s Operating Agreement mandates annual meetings, you are legally required to hold them. Even though the state does not require it, voluntarily holding meetings and documenting major company decisions with written minutes is a highly recommended best practice to maintain your corporate veil and protect your personal assets. ## [**FAQ: Arizona LLC Member Disputes: Guide to an LLC Divorce**](https://www.keytlaw.com/arizona-llc-member-disputes/) Navigating an Arizona LLC member dispute without a buy-sell agreement can be complex and stressful. In this FAQ, experienced Arizona LLC attorneys Richard Keyt and Richard C. Keyt answer common questions about ‘LLC divorces,’ resolving business partner conflicts, negotiating member buyouts, and understanding your legal rights under Arizona law. Read on for clear, actionable guidance on the best exit strategies to protect your financial interests when members can no longer work together. ## [**FAQ:: Resolving Arizona LLC Member Disputes: 6 Legal Options**](https://www.keytlaw.com/resolving-az-llc-member-disputes/) When facing an **Arizona LLC member dispute**, members generally have six legal options to resolve disagreements over operations, management, or funding: 1. **Direct Negotiation:** Informal resolution directly between members. 2. **Mediation:** Facilitated negotiation utilizing a neutral third party. 3. **Binding Arbitration:** Private, out-of-court resolution decided by an arbitrator. 4. **Member Buyout:** Purchasing the dissenting member’s ownership interest. 5. **Voluntary Termination:** Mutually agreeing to dissolve the LLC. 6. **Judicial Termination:** Filing a lawsuit for court-ordered dissolution under A.R.S. § 29-3708. *Note: If your LLC has an Operating Agreement it may govern which of these resolution methods are required or available to you.* ## [**FAQs about Buy-Sell Agreements for Multi-Member LLCs**](https://www.keytlaw.com/llc-buy-sell-agreement-faqs/) Welcome to our comprehensive FAQ guide on Buy-Sell Agreements for Multi-Member LLCs. Authored by trusted Arizona business attorneys who have formed over 10,000 LLCs, this page provides authoritative answers on: - **The basics:** What an LLC buy-sell agreement is and why your business needs one. - **Triggering events:** How to handle a member’s death, disability, bankruptcy, or retirement. - **Member buyouts:** How to value ownership interests and structure a seamless transition of power.” Transferring Land to an Arizona LLC FAQs ## [**FAQ: Why an Arizona LLC Should Own Your Rental Property**](https://www.keytlaw.com/arizona-llc-rental-property/) **Why an LLC should own your Arizona rental property:** - **Personal Liability Protection:** Shields your personal home, assets and savings from tenant lawsuits and property injuries. - **Asset Isolation:** Prevents a lawsuit on one rental property from affecting your other real estate investments. - **Tax Advantages:** Offers flexible pass-through taxation without complicating your personal tax returns. ## [**FAQ: How to Transfer Rental Property to an AZ LLC (Includes Notice Letter to Tenant)**](https://www.keytlaw.com/arizona-llc-for-rental-property/) Transferring a rental property to an Arizona LLC is a smart asset-protection strategy, but the process doesn’t end with the transfer. To maintain your limited liability protection and comply with Arizona landlord-tenant laws, your LLC must immediately record the deed with the county, send a formal change-of-ownership notice to tenants, transfer security deposits into a dedicated LLC bank account, and update property insurance and tax registrations. ## [**FAQ: How to Insure Rental Property Transferred to an LLC**](https://www.keytlaw.com/llc-rental-property-insurance/) When you transfer rental property to an LLC, your personal homeowner’s insurance will no longer cover the property. To maintain your asset protection and prevent coverage gaps, you must replace your personal policy with a **landlord policy** issued in the LLC’s name, secure LLC liability coverage, and add yourself personally as an additional insured. ## [**FAQ: How to Transfer Land to an LLC & Avoid a Due on Sale**](https://www.keytlaw.com/avoid-due-on-sale-clause-llc/) Yes, you can avoid a due-on-sale clause when transferring mortgaged property to an LLC by utilizing federal exemptions. For this to be a **permitted transaction**, you must meet three main requirements: - **Fannie Mae or Freddie Mac Loan:** Your mortgage must be owned or guaranteed by one of these federal agencies. - **Borrower Control:** The original borrower must maintain ownership and control of the LLC. - **Account in Good Standing:** You must continue making timely mortgage payments. Meeting these federal guidelines prevents the lender from calling the loan, allowing you to safely gain **LLC asset protection**. ## [**FAQ: Does Transferring Land to LLC Trigger a Due on Sale Clause?**](https://www.keytlaw.com/due-on-sale-clause-llc/) **Will transferring land to an LLC trigger a due-on-sale clause?** Generally, no. Federal guidelines from Fannie Mae and Freddie Mac protect property owners from lenders calling the loan, provided: - **You maintain control:** The original borrower is the managing member or owns a majority interest in the LLC. - **Timing:** For Freddie Mac loans, at least 12 months have passed since the loan origination. - **Occupancy:** The transfer does not violate the original primary residence occupancy requirements. *Read on above for the complete guide on safely protecting your real estate assets).* Terminating an Arizona LLC FAQs ## [**FAQ: Terminate an Arizona LLC:** **Step-by-Step Guide**](https://www.keytlaw.com/terminate-arizona-llc/) Terminating an Arizona LLC is a two-phase legal process. This complete FAQ guide explains everything you need to know to formally close your business, including how to handle the required member vote, what happens if your Operating Agreement is silent on dissolution, the proper order for paying debts and distributing assets, and how to file the final Articles of Termination with the state. ## [FAQ:](https://www.keytlaw.com/tax-consequences-dissolving-az-llc/)**[ Federal Tax Consequences of Terminating an AZ LLC](https://www.keytlaw.com/tax-consequences-dissolving-az-llc/)** - **Tax Classification Matters:** The tax consequences of dissolving an Arizona LLC depend entirely on how the LLC is classified by the IRS (e.g., as a disregarded entity, partnership, C corporation, or S corporation). - **Partnerships (Default for Multi-Member LLCs):** Most LLCs are taxed as partnerships and fall under Subchapter K of the Internal Revenue Code. These rules dictate if members will face capital gains or losses during liquidation, how distributed property is evaluated, and when certain assets (“hot assets”) trigger ordinary income taxes rather than capital gains. - **C Corporations vs. S Corporations:** LLCs taxed as C corporations are subject to “double taxation” upon liquidation. Those taxed as S corporations avoid the double tax, but will still trigger a gain recognition on any appreciated assets. - **Final Requirements:** Regardless of classification, all dissolving LLCs are required to file a final federal tax return and settle any remaining tax obligations before officially closing. ### **Forming an Arizona LLC:** - [**Forming & Operating Arizona LLCs**](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - See the contents & prices of our **[3 LLC formation packages](https://azllc.com/contents)** - To hire us to form an AZ LLC today submit our **[online formation questionnaire](https://azllc.com/llcq)**. **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business, real estate and estate planning attorneys with [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) and their [36 LLC FAQs](https://www.keytlaw.com/arizona-llc-faq/). See their library of [estate planning articles](https://www.keytlaw.com/arizona-wills-trusts-articles/). Book a free office, phone or Zoom video meeting using our [online calendar](https://www.keytlaw.com/calendar). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* Written by Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472). & rck@keytlaw.com).. Book a free offfice, phone or Zoom meeting using our [online calendar](https://www.keytlaw.com/calendar). ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [No Operating Agreement? How AZ Allocates LLC Profits](https://www.keytlaw.com/multi-member-llc-profits-distributions-az/) **Published:** June 28, 2026 **Author:** Richard Keyt **Content:** # No Operating Agreement? How AZ Allocates LLC Profits **About the Authors:** This Arizona LLC guide is authored by **[Richard Keyt](https://www.keytlaw.com/richard-keyt)** (Rick) and his son and law partner, **[Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt)** (Ricky), a former CPA. As Arizona LLC attorneys with **KEYTLaw, LLC** in Scottsdale, Arizona, Rick and Ricky have formed more than **10,000** Arizona LLCs since 2001. *Have a specific question about forming or operating an LLC?* **[Book a Free Office, Phone or Zoom Consultation](https://www.keytlaw.com/calendar)** | **Call Rick:** 480-664-7478 or **Ricky:** 480-664-7472 | **Email:** rk@keytlaw.com / rck@keytlaw.com. To hire us to form an LLC today submit our [LLC formation questionnaire](https://azllc.com/llcq). ## FAQ Summary When an Arizona multi-member LLC has no operating agreement, Arizona law controls how profits and distributions are allocated — and the default rule surprises most members. This FAQ article explains the default rule in plain English, shows you exactly how it works with a real-world example, and explains how a written operating agreement protects every member’s rights. How Profits and Distributions Are Allocated in a Multi-Member Arizona LLC Without an Operating Agreement | KEYTLaw ## The Arizona LLC Act Default Rule for Profit & Distribution Allocations The controlling statute is [Arizona Revised Statutes § 29-3404.A](https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/29/03104.htm). This statute states “Any distribution made by a limited liability company … must be in equal shares among members.” [Arizona Revised Statutes § 29-3102.12](https://www.azleg.gov/ars/29/03102.htm) states “The members’ respective interests in the company’s profits are in proportion to their rights to share in distributions.” Let me summarize. If the LLC does not have an Operating Agreement that states how profits and distributions are to be allocated then profits and distributions are allocated equally among the members. ⚠ Critical Point **Example:** Homer and Marge Simpson contributed $10,000 and Ned Flanders contributed $90,000 to their LLC, but it does not have an Operating Agreement. If the LLC has $90,000 of income in a year $30,000 is allocated to Ned, $30,000 is allocated to Homer and $30,000 is allocated to Marge. Ned gets a distribution of $30,000 and the Simpsons get $60,000. This mismatch between what members think they own and what Arizona law actually gives them is the root cause of most multi-member LLC disputes that land in litigation. ## Distributions vs. Profits: An Important Distinction Members often confuse profits with distributions, and the distinction matters enormously, both legally and for tax purposes. **Profits** are the LLC's net income as computed on its books and reported on its tax return. A multi-member LLC is taxed as a partnership by default. Under partnership taxation, each member is taxed on their allocated share of the LLC's profits in the year those profits are earned — whether or not any cash was actually distributed to the member. **Distributions** are the actual transfer of cash or property from the LLC to a member. A distribution is a separate event from the earning of profits. An LLC can be very profitable and still make no distributions if the members agree to reinvest earnings in the business. **Real-world consequence:** If the LLC earns $500,000 in net profit and makes no distribution, each member still owes income tax on their allocated share of that $500,000. A member who holds 50% of the profit allocation owes tax on $250,000 of income — even if they never received a dollar. Without a mandatory tax distribution clause in the operating agreement, a member can be left with a significant tax bill and no cash from the LLC to pay it. ## Who Decides When Distributions Are Made? [Arizona Revised Statutes § 29-3407](https://www.azleg.gov/ars/29/03407.htm) provides that distributions require the approval of a majority-in-interest of the members if the LLC is member managed or the approval of a majority of the managers if the LLC is manager managed. For distributions outside the ordinary course, or on matters that the operating agreement does not address, unanimous consent may be required. This unanimity problem is one of the most common sources of deadlock in multi-member LLCs. If two members own equal interests and one wants to take a distribution while the other wants to reinvest, no distribution can be made. The member who needs cash has no legal right to force a distribution — they can only sue, negotiate, or walk away. A well-drafted operating agreement resolves this by establishing clear rules: distributions are made quarterly, or when the managers approve them by majority vote, or at such times and in such amounts as a designated managing member decides. Whatever the members agree on, the operating agreement makes it enforceable without requiring unanimous agreement every time money is to be moved. ## Frequently Asked Questions ### Does my Arizona multi-member LLC need a written operating agreement? Yes. Every Arizona LLC that has more than one member should have a written operating agreement. Without one, Arizona's Limited Liability Company Act supplies a set of default rules. Those default rules exist to prevent complete chaos, but they almost never reflect what the members actually intended when they went into business together. A properly drafted operating agreement lets the members decide their own rules instead of having the statute decide for them. ### If my LLC has no operating agreement, who gets what share of the profits and distributions? Everyone shares equally — regardless of how much each member contributed. Under [Arizona Revised Statutes § 29-3404(A)](https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/29/03104.htm), “Any distribution made by a limited liability company … must be in equal shares among members.” And under [Arizona Revised Statutes § 29-3102(12)](https://www.azleg.gov/ars/29/03102.htm), “The members’ respective interests in the company’s profits are in proportion to their rights to share in distributions.” In plain English: if your LLC has no operating agreement that states how profits and distributions are to be allocated, then profits and distributions are split equally among the members — not by percentage of investment. ### Can you give an example of how the equal-shares default rule works? Homer and Marge Simpson together contributed $10,000, and Ned Flanders contributed $90,000, to their LLC — but the LLC has no operating agreement. If the LLC earns $90,000 of income in a year, Arizona’s default rule splits it equally among the members: $30,000 to Ned, $30,000 to Homer and $30,000 to Marge. Ned receives a $30,000 distribution and the Simpsons receive $60,000, even though Ned put in nine times as much money. This mismatch between what members think they own and what Arizona law actually gives them is the root cause of most multi-member LLC disputes that end up in litigation. ### What is the difference between profits and distributions? Members often confuse the two, and the distinction matters enormously — both legally and for taxes. **Profits** are the LLC’s net income as computed on its books and reported on its tax return. A multi-member LLC is taxed as a partnership by default, which means each member is taxed on their allocated share of the LLC’s profits in the year those profits are earned — whether or not any cash was actually distributed. **Distributions** are the actual transfer of cash or property from the LLC to a member. A distribution is a separate event from the earning of profits. An LLC can be very profitable and still make no distributions at all if the members agree to reinvest the earnings in the business. ### Can I owe income tax on LLC profits I never actually received? Yes — this is often called “phantom income,” and it surprises many LLC members. Because a multi-member LLC is taxed as a partnership, you are taxed on your allocated share of the profits even if the LLC keeps the cash. For example, if the LLC earns $500,000 of net profit and makes no distribution, each member still owes income tax on their allocated share. A member who holds a 50% profit allocation owes tax on $250,000 of income — even though they never received a dollar. Without a mandatory tax distribution clause in the operating agreement, a member can be left with a significant tax bill and no cash from the LLC to pay it. ### Who decides when my LLC makes distributions? [Arizona Revised Statutes § 29-3407](https://www.azleg.gov/ars/29/03407.htm) provides that distributions require the approval of a majority-in-interest of the members if the LLC is member-managed, or the approval of a majority of the managers if the LLC is manager-managed. For distributions outside the ordinary course, or on matters the operating agreement does not address, unanimous consent may be required. ### What happens if the members deadlock over whether to take a distribution? Deadlock is one of the most common problems in multi-member LLCs. If two members own equal interests and one wants to take a distribution while the other wants to reinvest, no distribution can be made. The member who needs cash has no legal right to force a distribution — they can only sue, negotiate, or walk away. That is an expensive and painful position to be in, and it is entirely avoidable. ### How does a properly drafted operating agreement protect me? A well-drafted operating agreement replaces Arizona’s one-size-fits-all default rules with the rules the members actually want. It can allocate profits and distributions in proportion to each member’s investment instead of equally, require mandatory tax distributions so no member is stuck paying tax on cash they never received, and set clear rules for when distributions are made — for example, quarterly, whenever the managers approve them by majority vote, or at the times and in the amounts a designated managing member decides. Whatever the members agree on, the operating agreement makes it enforceable — without requiring unanimous agreement every time money is to be moved. That is what protects every member of a multi-member LLC. ## Key Takeaways Arizona's default rules for multi-member LLCs without an operating agreement are a legal safety net, not a plan. Here is what every multi-member LLC owner should understand: - Profits and distributions are allocated equally among all members. - Members **owe income tax on allocated profits** whether or not any cash was distributed to them. - No member has a legal right to **force a distribution** without the consent required by Arizona law or the operating agreement. - Disputes over contribution values and profit allocation **end up in court** and cost far more than an operating agreement ever would. - An operating agreement can be adopted **at any time** — but it is far easier, cheaper, and less contentious to do it before disputes arise. - A **mandatory tax distribution clause** protects members from phantom income — the obligation to pay tax on money they never received. Every multi-member Arizona LLC needs a written operating agreement. If your LLC does not have one, contact KEYTLaw today. ## Get a Custom Multi-Member LLC Operating Agreement Arizona LLC attorney Richard Keyt has been forming LLCs and drafting operating agreements since 1979. Call today or schedule online — protect your ownership rights, profit allocation, and distribution rights with a properly drafted operating agreement. [Schedule a Consultation](https://www.keytlaw.com/calendar) [Hire Us to Prepare an Operating Agreement](https://azllc.com/oaq/) [📞 480-664-7478](tel:4806647478) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona LLC Member Disputes: Guide to an LLC Divorce](https://www.keytlaw.com/arizona-llc-member-disputes/) **Published:** June 13, 2026 **Author:** Richard Keyt **Content:** # Arizona LLC Divorce: What Happens When Members Can't Get Along and There's No Buy-Sell Agreement By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary When multi-member LLC owners can no longer work together, Arizona law offers a ladder of exit options — and the higher you climb, the more it costs. The first and best rung is always a negotiated solution: one member buys out the other, the members sell the whole business, or they voluntarily wind up and divide the proceeds. When the parties agree to separate but can’t agree on price, a binding neutral appraisal, mediation, or arbitration can bridge the gap without a courtroom. Arizona law lets any member dissociate (withdraw) at will, but withdrawing does **not** guarantee a buyout — a dissociated member becomes a mere “transferee” with an economic interest but no vote and no control. You generally cannot force out a co-member involuntarily except by court order or in three narrow statutory situations. The last resort is judicial dissolution: a lawsuit asking a judge to terminate the LLC (or, more often, order a fair-value buyout), which is slow, public, expensive, and destructive to business value. The overriding lesson runs through every question below: every multi-member LLC should adopt a well-drafted buy-sell agreement *before* a dispute arises, because it fixes the exit rules while everyone still gets along and gives both sides certainty about how the story ends. The 15 questions that follow cover buy-sell agreements, dissociation, valuation, fiduciary duties, and judicial dissolution under Arizona’s LLC statute. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![llc-divorce](https://www.keytlaw.com/wp-content/uploads/2026/06/llc-divorce-1024x559.png "llc-divorce - KEYTLaw") ## LLC Divorce: How to Separate Feuding Members of an Arizona LLC When two or more people form an Arizona LLC together, they rarely imagine a day when they won’t be able to stand each other. But it happens. Business partners clash over money, strategy, effort, and personalities. When the relationship breaks down and there is no buy-sell agreement spelling out the exit rules, members are often shocked to discover how hard it is to force a separation under Arizona law. This FAQ explains your options — from the practical to the nuclear. **Book a free office, phone, or Zoom consultation** at . ## Q1: What is an “LLC divorce”? An “LLC divorce” is an informal term for the legal process of separating feuding members of a limited liability company. Just like a marital divorce, it can be amicable and cheap — or bitter, prolonged, and ruinously expensive. It can involve one member buying out the other, a sale of the entire business to a third party, a voluntary wind-up and dissolution of the LLC, or in the worst case, a court-ordered judicial dissolution. The specific path depends entirely on what the members can agree to, what their operating agreement says, and what Arizona law permits. ## Q2: What is a buy-sell agreement, and why does it matter so much? A buy-sell agreement (sometimes called a buyout agreement) is a contract among the LLC members that establishes the rules for what happens when a member wants to leave, dies, becomes permanently disabled, files for bankruptcy, gets divorced, or can no longer work with the other members. It specifies triggering events, the valuation method for determining what the departing member’s interest is worth, the payment terms for the buyout, and which members have the right to buy. Without a buy-sell agreement, there are no pre-agreed rules. Every single issue — from how to value the business to how long the buyer has to pay — must be negotiated from scratch, often by people who already despise each other. ## Q3: What is always the first and best option when members can’t get along? Negotiate. Every time. A negotiated voluntary buyout or a negotiated sale of the entire LLC or its assets is always faster, cheaper, more private, and less destructive to business value than any court process. One member buys the other out at a mutually agreed price. Or both members agree to sell the business to a third party and split the proceeds. Or the members agree to wind up the business, liquidate the assets, pay the debts, and divide what’s left. Any of these outcomes reached by agreement — even a painful one — is almost certainly better than what litigation will produce. ## Q4: Does Arizona law give a member the right to simply walk away from the LLC? Yes — a member always has the power to dissociate (withdraw) from an Arizona LLC at any time simply by giving written notice to the other members. ([A.R.S. § 29-3602](https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/29/03602.htm).) However, having the power to leave is not the same as having the right to be paid. Dissociation does not automatically entitle the departing member to a cash payment for their interest. Unless the operating agreement or a separate agreement requires the remaining members to buy out the departing member, they have no legal obligation to do so just because someone wants out. ## Q5: What happens to a member who dissociates but doesn’t get bought out? Under [A.R.S. § 29-3603](https://www.azleg.gov/ars/29/03603.htm), once a member dissociates they lose the right to participate in management and lose the right to vote or act as a member. They become a mere “transferee” — someone who retains an economic interest (the right to receive their share of distributions and allocations) but has no management rights, no voting rights, and very limited rights to inspect the LLC’s books. So a dissociated member is stuck in a frustrating limbo: they no longer control anything, but they remain financially tied to the LLC until their interest is purchased or the LLC is wound up. ## Q6: What if the members want to separate but simply can’t agree on price? If the parties agree on who is buying and who is selling but cannot agree on price, there are three good options short of court: 1. **Neutral appraisal** — hire a certified business valuator, agree in advance to accept the appraisal as binding, and split the cost. 2. **Mediation** — a neutral mediator facilitates negotiation and helps both parties reach a voluntary settlement. The mediator has no power to impose a result, but skilled mediators resolve the majority of business disputes they touch. 3. **Arbitration** — the parties submit to a neutral arbitrator who hears both sides and issues a binding decision. Arbitration is faster and cheaper than litigation and is private. All three are far superior to court. ## Q7: What is a “shotgun” or “Texas shootout” clause, and can members use one without having written it in advance? A shotgun clause is a buyout mechanism where one member names a price per percentage point of membership interest, and the other member must either buy at that price or sell at that price. It brilliantly solves the valuation problem because the member naming the price is incentivized to name a fair one — they don’t know which side of the transaction they’ll end up on. The catch: this mechanism must be agreed to by both members before it can be used. It works perfectly when it’s built into the operating agreement. It can also be agreed to after a dispute arises, but only if both parties consent. You cannot force a shotgun buyout on an unwilling co-member who didn’t agree to it. ## Q8: Can one member force out another member involuntarily without going to court? Generally no. Under [A.R.S. § 29-3602(5)](https://www.azleg.gov/ars/29/03602.htm), a member may only be expelled without a court order by unanimous vote of the other members, and only in three narrow circumstances: (a) it has become unlawful to carry on the LLC’s business with that member participating; (b) the member has transferred all of their transferable interest; or (c) the member is a legal entity (like a corporation or another LLC) that has been dissolved. You cannot vote out a co-member simply because you dislike them, disagree with their business decisions, or believe they are not pulling their weight. Expulsion requires a court order except in those three specific situations. ## Q9: What is judicial dissolution, and when can a member ask for it? Judicial dissolution is a lawsuit filed in Arizona superior court asking a judge to order the LLC wound up and terminated. Under [A.R.S. § 29-3702(A)(4)](https://www.azleg.gov/ars/29/03702.htm), a member may petition for judicial dissolution if the members or managers are so deadlocked in the management of the business that the LLC’s activities and affairs can no longer be conducted to the advantage of the members, and there is a risk of irreparable injury to the LLC because the deadlock cannot be broken. A member may also seek dissolution if those in control of the LLC have acted illegally, oppressively, or fraudulently toward a member. ## Q10: Is judicial dissolution a good strategy? Almost never. Judicial dissolution is the nuclear option — use it only after everything else has failed. Litigation is expensive, can take years, destroys business value, exposes every aspect of the LLC’s business to public scrutiny, and poisons any chance of an amicable resolution. Courts also have broad discretion: a judge who finds that a less drastic remedy is available may refuse to dissolve the LLC even if deadlock is proven. Arizona courts have been clear that dissolution is a last resort, not a first response to a business dispute. File a dissolution lawsuit only after good-faith attempts at negotiation and mediation have genuinely failed. ## Q11: Can a court order a buyout instead of dissolving the LLC? Yes — and this happens frequently. Under [A.R.S. § 29-3702(D)](https://www.azleg.gov/ars/29/03702.htm), in a proceeding for judicial dissolution the court may order any remedy it finds equitable, including ordering the LLC or the other members to purchase the petitioning member’s interest at fair value. A court-ordered buyout lets the business survive with the remaining member while giving the exiting member fair compensation. Courts prefer this outcome when the LLC has ongoing value and the underlying dispute is really about money and exit terms rather than fundamental fraud or illegality. ## Q12: How is a member’s interest valued when there is no agreed formula? Without a buy-sell formula, value is determined by negotiation or by a qualified business appraiser. Business valuation is part art and part science: appraisers look at the LLC’s assets, cash flow, revenue, profitability, comparable sales of similar businesses, and industry-specific multipliers. Critically, Arizona courts in buyout proceedings typically use fair value rather than strict fair market value — and fair value in the LLC context generally does not apply a minority discount (a reduction in value because the interest is less than a controlling interest). This means a minority member may receive more in a court-ordered buyout than they would receive selling their interest on the open market. ## Q13: What fiduciary duties do members owe each other during a dispute? LLC members in Arizona owe each other duties of loyalty and care, and these duties do not disappear simply because the members are fighting. [A.R.S. § 29-3409](https://www.azleg.gov/ars/29/03409.htm) requires members to account to the LLC for any benefit they receive from the conduct of the LLC’s business, to refrain from competing with the LLC, and to act in good faith. A member who diverts business opportunities to a new competing entity, drains LLC bank accounts, destroys records, or deliberately drives away customers while a dispute is pending is not only breaching their fiduciary duty — they are handing the other member powerful ammunition for both damages claims and a favorable court-ordered buyout. ## Q14: What does the operating agreement say? Isn’t that the first thing to check? Absolutely. Even if there is no separate buy-sell agreement, many LLC operating agreements contain provisions about member withdrawal, restrictions on transferring membership interests, what happens upon a member’s death or bankruptcy, and dispute resolution procedures. The operating agreement is the first document to pull out and read carefully when a dispute arises. If it addresses the situation, those provisions govern. If it is silent, Arizona’s LLC statute fills the gaps with default rules — and those default rules may or may not be favorable to either member’s position. ## Q15: What is the single most important lesson from LLC divorces that go badly wrong? Every multi-member LLC should have a well-drafted buy-sell agreement — ideally built directly into the operating agreement — before any dispute arises, and ideally before the LLC opens its doors. A good buy-sell agreement specifies what events trigger a buyout (death, disability, divorce, bankruptcy, voluntary withdrawal, deadlock), how the business is valued, how long the buyer has to pay, what happens to outstanding loans from members to the LLC, and what happens to personal guarantees on business debt. Drafting a buy-sell agreement when everyone is getting along and the future is bright costs a fraction of what it costs to litigate an exit when the relationship has collapsed. And unlike litigation, a good buy-sell agreement actually gives both sides certainty about how the story ends. ## How to Hire Us to Prepare a Custom Buy-Sell Agreement for Multi-Member LLCs Submit our [Buy Sell Agreement Questionnaire](https://azllc.com/bsaq/). - [Why Multi-Member LLCs Should Have a Buy Sell Agreement](https://www.keytlaw.com/azllclaw/get-bsa/) - See events that can trigger a buy out. The purpose of a Buy Sell Agreement or Buyout Agreement is to name events the occurrence of which gives the company and other members an option to buy or require them to buy the membership interest of a member that causes or suffers one of the events (called a “triggering event”). See [Common Events that Can Trigger a Buy Out](https://azllc.com/events/). ### Protect Your Arizona LLC Before a Dispute Starts Arizona LLC attorney Richard Keyt has formed 10,000+ Arizona LLCs since 1979. He can add a buy-sell agreement to your operating agreement now — or help you navigate an LLC divorce that has already begun. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) Call 480-664-7478 • [azllc.com](https://azllc.com) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 423 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: What Happens to Your Arizona LLC When You Die?](https://www.keytlaw.com/arizona-llc-transfer-on-death/) **Published:** June 13, 2026 **Author:** Richard Keyt **Content:** # FAQ: What Happens to Your Arizona LLC When You Die? By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary What happens to your Arizona LLC ownership when you die depends entirely on how you hold that membership interest. This article explains the three common outcomes — a trust that owns the interest (no probate, private, done in weeks), individual ownership with only a will (full Arizona probate), and individual ownership with no will or trust (full probate plus the state’s intestacy laws deciding who inherits). It also answers seven of the most common questions Arizona LLC owners ask about getting their interest into a trust and avoiding probate. ![what-happens-if-you-die](https://www.keytlaw.com/wp-content/uploads/2026/06/what-happens-if-you-die-1024x559.png "what-happens-if-you-die - KEYTLaw") ## What Happens to Your Arizona LLC Membership Interest When You Die? The Answer Depends on Whether You Have a Trust, a Will, or Nothing. You spent real time and money creating your Arizona LLC. You may have run it for years. But what happens to your membership interest — your ownership stake in that LLC — when you die? The answer is not the same for everyone. It depends almost entirely on one thing: how you own that membership interest at the time of your death. There are three common situations I see as an Arizona estate planning and LLC attorney. Each produces a very different result for your family and your heirs. Here they are. ## The 3 Scenarios: How an Arizona LLC Membership Interest Transfers at Death ### Scenario 1: A Trust Owns the Membership Interest This is the right way to own an LLC membership interest if you want to protect your family from a probate nightmare. When a revocable living trust owns your LLC membership interest — not you individually, but your trust — something important is true: the interest does not pass through your estate at all. It is already owned by the trust. You are gone, but the trust continues. Here is what happens: - Your successor trustee (the person you named to step in after you) takes over management of the trust. - The successor trustee follows the instructions in your trust document to either manage the LLC interest on behalf of the beneficiaries, distribute it outright to them, or transfer it into separate sub-trusts for their long-term protection. - No probate court. No judge. No waiting period. No public record. No probate attorney fees. - The transfer happens privately and relatively quickly — typically within weeks, not years. The trust owns the asset before you die, so there is nothing to probate at your death. The successor trustee handles everything. The Bottom LineIf your trust owns your LLC membership interest, your family avoids probate entirely for that asset. This is the cleanest, fastest, most private, and least expensive outcome. ### Scenario 2: You Own It Individually — And Have a Will, but No Trust This is where a lot of people discover, too late, a very important truth: a will does not avoid probate. A will guarantees probate. If a man owns his Arizona LLC membership interest in his individual name — not in trust — and he dies with only a will, here is what his family must do: - **Open a probate case in Arizona Superior Court.** Someone — typically the personal representative named in the will — must file a petition with a superior court to open the probate. This requires filing fees, court forms, and usually an attorney. We charge $5,000 for a simple uncontested probate. - **Publish notice to creditors.** Arizona law requires publishing a notice in a newspaper to give creditors an opportunity to file claims against the estate. There is a mandatory waiting period for this — typically four months. - **Inventory and appraise assets.** All estate assets, including the LLC membership interest, must be identified and valued. - **Pay debts, expenses, and taxes.** Before the heirs receive anything, valid debts and estate expenses must be paid. - **Obtain a court order.** The court must approve the final distribution and issue an order authorizing the transfer of the membership interest to the heirs named in the will. - **Transfer the interest to heirs.** Only after all of the above can the membership interest actually be transferred to the heirs. How long does Arizona probate take? Typically five months or longer — sometimes much longer if there are creditor issues, family disputes, or a complex estate. And it costs real money in attorney fees and court costs. A will tells the probate court what you wanted. But the court still runs the show. The Bottom LineOwning your LLC interest individually with only a will means your family goes through full Arizona probate before they receive anything. The will is just a set of instructions for the court — it does not skip the court process. ### Scenario 3: You Own It Individually — No Will, No Trust This is the worst outcome. When a man dies owning an Arizona LLC membership interest in his individual name, with no will and no trust, two bad things happen at the same time: First, his family still has to go through probate — the same expensive, time-consuming court process described in Scenario 2 above. Second, Arizona’s intestacy laws decide who inherits the membership interest — not the deceased member. Dying without a will is called dying “intestate.” Arizona has a statute — [A.R.S. § 14-2101](https://www.azleg.gov/ars/14/02101.htm) et seq. — that determines who inherits when someone dies intestate. The state, in effect, writes your estate plan for you. The statute distributes your assets based on your family relationships, in a fixed order of priority. **Arizona residents:** Learn [Who Inherits Your Assets if You Die without a Will or Trust](https://www.keytlaw.com/ep-intestate-succession/) — a detailed article explaining Arizona’s intestacy laws and who is legally entitled to your estate if you die without a plan. **Arizona residents:** Take our [Who Will Inherit Your Property quiz](https://www.keytlaw.com/who-inherits/) — a short interactive quiz that walks you through your specific family situation and tells you exactly who Arizona law would give your assets to. The statute does not care about your actual wishes. It does not matter that you intended your business partner to receive the interest, or that you wanted one child to get the LLC while another got the house. The statute applies its formula, and the probate court enforces it. The process is essentially identical to Scenario 2 — open the estate, publish notice, inventory assets, pay debts, get a court order, and transfer the interest — except now the court appoints an administrator (since there is no will naming a personal representative), and the beneficiaries are whoever the intestacy statute says they are. The Bottom LineNo will and no trust means your family goes through full probate AND the state decides who gets your LLC interest. You lose control of both the process and the outcome. ## Frequently Asked Questions ### Q1: If my LLC membership interest is in my trust, does my successor trustee automatically become a member of the LLC? Not automatically in all cases. Your operating agreement matters here. Many Arizona LLC operating agreements contain transfer restrictions that require the consent of other members before a new member can be admitted. Some agreements allow heirs to receive only the economic interest (the right to receive distributions) but not full membership rights including voting and management. Before assuming your successor trustee or your heirs will simply walk in as full members, have an experienced LLC attorney review your operating agreement. I always recommend that the operating agreement specifically address what happens at a member’s death and expressly allow the trust — and the successor trustee — to step in as a full member without requiring consent from other members. ### Q2: Can I avoid probate for my LLC interest with a beneficiary designation or a pay-on-death form, the same way I do with my bank account? No. Arizona law allows pay-on-death designations for financial accounts and beneficiary deeds for real property. But there is no equivalent mechanism for LLC membership interests. You cannot fill out a form and name a beneficiary to receive your LLC interest at death outside of probate. A revocable living trust is the only reliable way to transfer an Arizona LLC membership interest at death without going through the probate court. ### Q3: My LLC is a single-member LLC and I am the only member. Does that change anything? It simplifies some things — you do not need to worry about other members’ consent rights — but it does not change the core analysis. If you own your single-member LLC interest individually with no trust, your membership interest is a probate asset when you die. Your family still goes through Arizona probate. The solution is the same: put your membership interest into a revocable living trust. ### Q4: What if I have a multi-member LLC and one of the members dies without a trust? This can create real disruption for the business. The surviving members may find themselves co-owners with the deceased member’s heirs — people they did not choose as business partners and who may have no interest in or knowledge of the business. During the probate period, which can last well over a year, ownership of the deceased member’s interest is in legal limbo. This is exactly why I recommend that multi-member LLC operating agreements include clear buy-sell provisions that govern what happens when a member dies, and that every member own his or her interest through a trust to avoid probate delays. ### Q5: Does a pour-over will solve the problem? A pour-over will is better than a standard will but it does not eliminate the probate problem for your LLC interest. A pour-over will directs that any assets you owned individually at death — assets not already in your trust — be “poured over” into your trust at death. But to pour those assets over, they still have to go through probate first. The right answer is not to rely on your pour-over will to eventually get your LLC interest into your trust. The right answer is to transfer your LLC interest into your trust while you are alive, so the pour-over will never needs to do that work. ### Q6: How do I actually get my Arizona LLC membership interest into my trust? You need a written assignment of membership interest — a short document that transfers your ownership of the LLC interest from you individually to you as trustee of your revocable living trust. The LLC’s records should also be updated to reflect the trust as the member of record. This is a straightforward step that I include as part of every estate plan I create for clients who own LLCs. The document is simple. The mistake is not doing it. ### Q7: I already have a trust. How do I know if my LLC interest is actually in it? Check your trust funding documents — specifically, look for an assignment of LLC membership interest that transfers the interest from your name individually to your name as trustee. Also check the records of the LLC itself: the membership ledger, the operating agreement, or any written consent that reflects the trust as the current member. If you cannot find that documentation, your LLC interest is probably still in your individual name — and it is a probate asset. Call me and we will fix it. ## The Simple Version: A Side-by-Side Comparison SituationProbate Required?Who Decides Who Inherits?How Long Does It Take?**Trust owns the interest**NoYou — through your trust documentWeeks**Individually owned with a will**Yes — full Arizona probateYou — through your will, enforced by the courtFive months or longer**Individually owned, no will, no trust**Yes — full Arizona probateArizona’s intestacy statuteFive months or longer## What You Should Do Now If you own an Arizona LLC membership interest and you do not have a revocable living trust, you are one bad day away from leaving your family a probate case instead of a business. You need to hire us to prepare your custom estate plan with a revocable living trust. At KEYTLaw, we create complete Arizona estate plans that include: - A revocable living trust - A pour-over will - A financial power of attorney - A healthcare power of attorney - A living will (healthcare directive) - A HIPAA authorization - A certification of trust - An assignment of LLC membership interest into your trust We charge flat fees — no hourly billing, no surprises. You will know exactly what your estate plan costs before we start. To schedule a free office, phone or Zoom video consultation, pick a time that works for you: [Book Your Free Consultation →](https://www.keytlaw.com/calendar) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 423 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQs: Buy-Sell Agreements for Multi-Member LLCs](https://www.keytlaw.com/llc-buy-sell-agreement-faqs/) **Published:** June 13, 2026 **Author:** Richard Keyt **Content:** # FAQs about Buy-Sell Agreements for Multi-Member LLCs By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary Every multi-member LLC needs an exit plan before it needs one. A buy-sell agreement is a signed contract among the LLC’s members that spells out, in advance, who can buy a member’s ownership interest when death, divorce, disability, bankruptcy, retirement, or a dispute forces a change — and at what price and on what terms. Without one, co-owners can be legally stuck with each other, or with a deceased member’s estate, indefinitely. Below, Arizona LLC attorneys Richard Keyt and Richard C. Keyt — who have formed more than 10,000 Arizona LLCs since 1979 — answer the questions clients ask most about how buy-sell agreements work, what they cost, and why every multi-member LLC should have one. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![buy-sell-agreements](https://www.keytlaw.com/wp-content/uploads/2026/06/buy-sell-agreements-1024x559.png "buy-sell-agreements - KEYTLaw") FAQs: Buy-Sell Agreements for Multi-Member LLCs | KEYTLawKEYTLaw, LLC — Arizona LLC & Estate Planning Attorneys [Book Free Meeting](https://www.keytlaw.com/calendar) | [480-664-7478](tel:4806647478) # FAQs: Buy-Sell Agreements for Multi-Member LLCs What is a buy-sell agreement, and why does every Arizona multi-member LLC need one? Twelve straight answers from attorneys who have formed more than 10,000 Arizona LLCs since 1979. [Book a Free Consultation](https://www.keytlaw.com/calendar) A buy-sell agreement is the "company divorce" plan every multi-member LLC needs but few LLCs actually have. It decides — in advance, while everyone is still on good terms — who can buy a departing member's interest, at what price, and on what terms. Below are the questions clients ask us most often, answered by **Richard Keyt** and **Richard C. Keyt** of KEYTLaw, LLC. ## Frequently Asked Questions ### Ready to protect your LLC? KEYTLaw prepares custom-drafted buy-sell agreements for Arizona multi-member LLCs, including one hour of attorney consultation to review the draft and answer your questions. [Complete the Buy-Sell Agreement Questionnaire](https://www.keytlaw.com/azllclaw/bsaq/) [Book a Free Consultation](https://www.keytlaw.com/calendar) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 423 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona LLC Membership: Community vs. Separate Property](https://www.keytlaw.com/arizona-llc-community-vs-separate-property/) **Published:** June 13, 2026 **Author:** Richard Keyt **Content:** # Arizona LLC Ownership for Married Residents: Community Property vs. CPWROS vs. Separate Property By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary Married Arizona residents forming an LLC must choose how to title their membership interest — community property, community property with right of survivorship (CPWROS), or separate property — because Arizona presumes property acquired during marriage by an Arizona resident is community property unless the property was acquired as a gift or from inheritance or the couple signs a document that says the property is separate property. That choice, backed by the right language in the Operating Agreement, determines whether a spouse’s interest passes to the survivor automatically on the death of a spouse or must go through probate, and whether the surviving spouse gets a full step-up in income-tax basis. This FAQ article walks through all three ownership forms, the exact steps and language needed for CPWROS or separate property treatment, what happens to the membership interest when a spouse dies, and why a revocable living trust is often the strongest option of all for avoiding probate at both deaths. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). How Married Arizona Residents Should Own an LLC Membership Interest | KEYTLaw ## In This Article 1. [Arizona Is a Community Property State](#community-property-state) 2. [Community Property](#community-property) 3. [Community Property With Right of Survivorship](#cpwros) 4. [Separate Property](#separate-property) 5. [How to Own an LLC as CPWROS](#how-cpwros) 6. [How to Own an LLC as Separate Property](#how-separate) 7. [What Happens at Death](#at-death) 8. [Should a Trust Own the Membership Instead?](#trust-ownership) 9. [Frequently Asked Questions](#faq) If you are a married Arizona resident forming a limited liability company, you face a question most people never think about: how will you legally own your LLC membership interest? The answer determines what happens to your membership interest when you die, whether your spouse has a legal claim to it, and whether your family will face probate. This article explains the three ownership options for Arizona residents who are married to each other — community property, community property with right of survivorship, and separate property. ## 1. Arizona Is a Community Property State Arizona is one of nine community property states in the United States. That fact has enormous legal consequences for any married person who acquires property — including an LLC membership interest — during the marriage. Under Arizona law, there is a legal presumption that all property acquired by a married person during the marriage is community property. That presumption applies whether you intend it or not. If you do nothing to establish a different form of ownership, your LLC membership interest will be treated as community property by default. The three forms of ownership a married Arizona resident can use for an LLC membership interest are: #### Community Property Both spouses own an undivided one-half interest. The default if you do nothing. #### CPWROS Community property that automatically passes 100% to the surviving spouse — no probate. #### Separate Property Belongs to one spouse alone. Requires deliberate, documented steps to establish. Each has different legal consequences. Your choice must be deliberately stated in the LLC's Articles of Organization — and in some cases, must be backed up by a written agreement signed by both spouses. ## 2. Community Property Community property is property owned jointly by both spouses. Each spouse owns an undivided one-half interest. Neither spouse owns a specific half — both own the whole thing together, each with a 50% stake. Community property in Arizona generally includes any property acquired by either spouse during the marriage using marital earnings or community funds. It does not matter whose paycheck paid for it or whose name is on the title. If it was bought with community money during the marriage, it is presumed to be community property. When one spouse dies owning community property, only the deceased spouse's one-half interest is part of that spouse's estate. That half must pass through the deceased spouse's estate plan — whether by revocable living trust, by will, or by Arizona's intestate succession laws if the person had neither. The surviving spouse already owns his or her own one-half interest and keeps it without going through probate. **Warning** If the deceased spouse owned their half of the community property membership interest individually — without a trust — and the value of the deceased's personal property is $200,000 or more, the family may have to open a probate in the Arizona Superior Court to transfer that half to the intended beneficiary. Probate is expensive, slow, and public. A revocable living trust avoids this problem. ## 3. Community Property With Right of Survivorship Community property with right of survivorship — commonly abbreviated CPWROS — is a special form of marital co-ownership created by [Arizona Revised Statutes § 33-431](https://www.azleg.gov/ars/33/00431.htm). It is available only to married couples. During the marriage, CPWROS works exactly like regular community property. Each spouse owns an undivided one-half interest. The significant difference comes at death. When one spouse dies, the deceased spouse's one-half interest automatically passes to the surviving spouse by operation of law — with no probate required. The surviving spouse becomes the sole 100% owner of the membership interest the moment the first spouse dies. Nothing needs to be filed in court. Nothing needs to go through the Arizona Superior Court probate system. CPWROS also carries a major income-tax advantage. Because community property (including CPWROS) receives a full step-up in income-tax basis at the first death — not just the deceased spouse's half — the surviving spouse may sell appreciated assets with little or no capital gains tax exposure. This tax benefit is one reason CPWROS is often preferred over joint tenancy with right of survivorship for married couples in Arizona. ## 4. Separate Property Separate property is property that belongs solely to one spouse. The other spouse has no ownership interest in it whatsoever. In Arizona, separate property includes: - Property one spouse owned before the marriage - Property one spouse received as a gift or inheritance during the marriage — even if received during the marriage - Property acquired during the marriage entirely with separate property funds, provided those funds were never commingled with community funds Separate property does not automatically pass to the surviving spouse at death. The owner of the separate property can leave it to anyone — a child from a prior marriage, a sibling, a charity — or it will pass by intestate succession if the owner dies without an estate plan. Because Arizona law presumes that property acquired during a marriage is community property, a married person who wants to own an LLC membership interest as separate property must take deliberate, documented steps to overcome that presumption. ## 5. How a Married Couple Owns an LLC Membership as Community Property With Right of Survivorship Owning an Arizona LLC membership interest as community property with right of survivorship requires two things: 1. The couple must sign an Operating Agreement that states that their membership interest is "community property with right of survivorship." 2. The membership interest must be funded with community property funds. If one spouse uses separate property to fund the LLC and the couple wants CPWROS treatment, a written transmutation agreement converting the separate property contribution into community property may be needed. [Arizona Revised Statutes § 33-431](https://www.azleg.gov/ars/33/00431.htm) requires that the intent to hold property as CPWROS be expressly stated in writing. Simply being married and putting both names on the membership is not enough. ### How to state CPWROS ownership in the Operating Agreement: “John A. Smith and Jane B. Smith, husband and wife, as community property with right of survivorship” ## 6. How to Own an LLC Membership Interest as Separate Property If a married Arizona resident wants to own his or her LLC membership interest as separate property — not subject to the non-member spouse's community property claim — the following steps are required: 1. **Fund the membership contribution entirely with separate property funds.** If you use money earned during the marriage — which is community property — the membership will be treated as community property regardless of your intent. You must use funds that were yours before the marriage, or funds you received as a gift or inheritance, and you must not have commingled those funds with community money. 2. **Have the non-member spouse sign a written disclaimer or marital property agreement.** Because Arizona law presumes community property, the safest way to establish separate property status is to have the non-member spouse sign a written, notarized agreement expressly disclaiming any community property interest in the LLC membership. This agreement is sometimes called a spousal disclaimer, a disclaimer deed, or a post-nuptial agreement. Without this signed disclaimer, the non-member spouse may later claim a community property interest in the LLC — especially in a divorce — and a court may agree. 3. **Keep records.** Maintain documentation showing the source of the funds used to capitalize the LLC — bank statements, gift letters, inheritance records — so you can prove separate property status if it is ever challenged. ## 7. What Happens to the Membership Interest at Death The form of ownership stated in the Articles of Organization determines what happens to the LLC membership interest when a member dies. Here is a plain-English summary: Form of OwnershipWhat Happens When a Spouse DiesProbate Required? Community property Deceased spouse's one-half interest passes by will, by trust, or by intestate succession. Surviving spouse keeps his or her one-half. Possibly — for the deceased spouse's half, if no trust Community property with right of survivorship Deceased spouse's one-half interest automatically passes to surviving spouse. Surviving spouse becomes 100% owner. No Separate property 100% of the membership interest passes by the owner's will, trust, or intestate succession. Possibly — if no trust Revocable living trust Trust controls distribution to successor beneficiaries per the trust terms. No probate at either death. No ## 8. Should a Trust Own the LLC Membership Instead? For most married Arizona residents, the best answer to "how should we own our LLC membership interest?" is: through a revocable living trust. Here is why: - **Avoids probate at both deaths.** A revocable living trust avoids probate when the first spouse dies and when the second spouse dies. CPWROS only avoids probate at the first death — when the surviving spouse later dies, the membership interest still passes through the survivor's estate, which may require probate. - **Provides for incapacity.** If both spouses become incapacitated, the successor trustee named in the trust can manage the LLC membership without a court-appointed conservator. - **Controls who ultimately inherits.** The trust lets you specify exactly who gets the membership interest, in what shares, and under what conditions — including whether a child's inheritance should be held in an asset-protected sub-trust rather than paid outright. - **Keeps the transition private.** Probate is a public court proceeding. A trust transfer is private. If you already have a revocable living trust — or if you are forming an LLC as part of creating your overall estate plan — have the trust listed as the member in the LLC's Articles of Organization from day one. Do not put the membership in your individual names and try to transfer it to the trust later. Get it right when the LLC is formed. ## Frequently Asked Questions ### Q1: If my spouse and I form an Arizona LLC together, are we automatically community property owners of the membership? Yes. ### Q2: Can I list just one spouse's name in the Articles even if the membership is community property? You can, but it does not change the legal reality. Community property remains community property regardless of whose name appears on the title or in the Articles. The non-listed spouse still owns an undivided one-half interest under Arizona law. ### Q3: My spouse has nothing to do with my LLC business. Does my spouse still own half of my membership interest? If you formed the LLC during the marriage and funded it with community funds — typically wages earned during the marriage — then yes, your spouse legally owns an undivided one-half interest as community property, regardless of whether your spouse participates in the business. The only way to prevent this is to fund the LLC with separate property and obtain a signed spousal disclaimer before or at formation. ### Q4: What is the difference between CPWROS and joint tenancy with right of survivorship? Both avoid probate at the first death by automatically transferring the deceased spouse's interest to the surviving spouse. The income-tax difference is significant. With CPWROS, both spouses' halves receive a stepped-up income-tax basis at the first death, meaning the surviving spouse can sell the asset with little or no capital gains tax on pre-death appreciation. With joint tenancy, only the deceased spouse's half gets the step-up. For appreciated LLC membership interests, CPWROS is usually the better choice for married couples who want survivorship without a trust. ### Q5: Can we change the form of ownership after the LLC is already formed? Yes. You can amend the LLC's Operating Agreement to state that the couple owns their membership interest as CPWROS. ### Q6: Does an Arizona LLC operating agreement also need to reflect the form of ownership? Yes, ideally. The LLC's operating agreement should be consistent with the Articles of Organization and should identify the members and their ownership percentages and forms of ownership. Inconsistency between the Articles and the operating agreement creates ambiguity that can cause disputes. ### Q7: What if I inherited money before the marriage and used it to form an LLC during the marriage? Money you inherited before the marriage is your separate property. If you kept those inherited funds in a separate account that was never commingled with community funds, and you used only those funds to capitalize the LLC, the membership interest may qualify as your separate property. You should still get a signed spousal disclaimer and correctly state the separate property ownership in the Articles. If you have any doubt about whether the funds remained separate, consult an Arizona family law or estate planning attorney before forming the LLC. ### Q8: Can a married person own just a portion of an LLC membership as separate property? Yes. It is possible for part of a membership interest to be separate property and part to be community property — for example, if the member funded the initial capitalization with separate property and later made additional capital contributions from community earnings. This type of mixed-character ownership is complicated to track and prove. Meticulous records are essential. An Arizona attorney can help you structure and document the ownership correctly from the start. ## Get Your Arizona LLC and Estate Plan Set Up Correctly the First Time I want to help you protect your most valuable assets — your loved ones. Whether you're forming a new LLC, amending your Articles of Organization, or integrating your membership interest into a revocable living trust, let's make sure the wording is right from day one. [Book a Free Office, Phone, or Zoom Consultation](https://www.keytlaw.com/calendar) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 423 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: How to Amend an Arizona LLC Articles of Organization](https://www.keytlaw.com/arizona-llc-amendment/) **Published:** June 14, 2026 **Author:** Richard Keyt **Content:** # FAQ: How to Amend an Arizona LLC's Articles of Organization By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## Ameding Artilcles FAQ Summary Arizona LLC owners who need to change their LLC’s name, add or remove a member, or change managers must file Articles of Amendment to the Articles of Organization with the Arizona Corporation Commission (ACC). Arizona law ([A.R.S. § 29-3202](https://www.azleg.gov/ars/29/03202.htm)) requires most Arizona LLCs to file the amendment within 30 days of the change or risk administrative dissolution. The ACC filing fee is $25, plus a recommended $35 expedited surcharge for a total of $60. Arizona LLC attorneys Richard Keyt and his son, attorney and former CPA Richard C. Keyt, of KEYTLaw, LLC in Scottsdale, Arizona, prepare and file Arizona LLC Articles of Amendment for a flat fee of $255, which includes the $60 ACC expedited filing fee. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![amending-aoo](https://www.keytlaw.com/wp-content/uploads/2026/06/amending-aoo-1024x1024.png "amending-aoo - KEYTLaw") How to Amend an Arizona LLC's Articles of Organization: Change Name, Members, or Managers | KEYTLaw If your Arizona LLC has changed its name, added or removed a member, or changed its managers, you may be legally required to file an amendment with the Arizona Corporation Commission—and you may have as little as 30 days to do it. Failing to act on time can put your LLC at risk of administrative dissolution. This FAQ article explains everything you need to know about amending an Arizona LLC's Articles of Organization: what triggers the requirement, how to do it, what it costs, and when newspaper publication is required. --- ## Table of Contents 1. [What Are an Arizona LLC's Articles of Organization?](#what-are-articles) 2. [What Is an Articles of Amendment?](#what-is-amendment) 3. [When Is an Arizona LLC Legally Required to Amend?](#when-required) 4. [How to Change an Arizona LLC's Name](#change-name) 5. [How to Add or Remove Members](#add-remove-members) 6. [How to Change Managers](#change-managers) 7. [What Is the ACC Filing Fee?](#filing-fee) 8. [Does an Amendment Require Newspaper Publication?](#publication) 9. [How Do You File the Articles of Amendment?](#how-to-file) 10. [Who Can Sign the Articles of Amendment?](#who-signs) 11. [What Happens If You Don't Amend on Time?](#failure-to-amend) 12. [How Can KEYTLaw Help?](#hire-keytlaw) --- ## 1. What Are an Arizona LLC's Articles of Organization? The **Articles of Organization** is the primary formation document of an Arizona limited liability company. It is filed with the **Arizona Corporation Commission (ACC)** when the LLC is formed, and its contents become a permanent part of the ACC's public record. What gets listed in the Articles of Organization depends on how the LLC is managed: - **Member-managed LLCs:** The names and addresses of *all* members are listed. - **Manager-managed LLCs:** The names and addresses of all *managers* are listed, plus the names and addresses of any member who owns a **20% or greater** interest in the capital or profits of the company. Because this information is public record, it is the document that the world—including courts, other businesses, and the government—looks to in order to determine who owns and controls your Arizona LLC. If the information is outdated, that creates legal risk for the company and its members. ## 2. What Is an Articles of Amendment to the Articles of Organization? An **Articles of Amendment to the Articles of Organization** (commonly called the "Articles of Amendment") is the document an Arizona LLC files with the ACC to officially change information in its Articles of Organization. It is prepared on ACC **Form L015**, which is available at [azcc.gov](https://www.azcc.gov/docs/default-source/corps-files/forms/l015-articles-of-amendment.pdf), and must be filed with the ACC along with a cover sheet and the required fee. An Articles of Amendment can be used to: - Change the LLC's name - Add or remove a member (member-managed LLCs) - Add or remove a manager (manager-managed LLCs) - Add, remove, or update a member who owns 20% or more (manager-managed LLCs) - Change the LLC's statutory agent - Change other provisions of the Articles of Organization ## 3. When Is an Arizona LLC Legally Required to Amend Its Articles of Organization? Arizona law—specifically **[A.R.S. § 29-3202](https://www.azleg.gov/ars/29/03202.htm)**—requires an Arizona LLC to amend its Articles of Organization **within 30 days** after any of the following events occurs: 1. A **member-managed LLC** has a **change in members** (any member is added or removed). 2. A **manager-managed LLC** has a **change in managers** or a change in members who own a **20% or greater interest** in the capital or profits of the company. 3. The LLC **changes its statutory agent**. The 30-day clock starts ticking the day the change occurs—not the day you decide to do something about it. Miss the deadline and you risk administrative dissolution of your LLC by the ACC. **Important:** Even if the amendment is not legally required by statute (for example, a voluntary name change), an LLC that chooses to make changes to its Articles of Organization must still follow the same filing process. ## 4. How Do You Change an Arizona LLC's Name? Changing an Arizona LLC's name requires more steps than most other amendments. Here is the complete process: ### Step 1: Check Name Availability Before you do anything else, go to the ACC's eCorp system at [ecorp.azcc.gov](https://ecorp.azcc.gov) and search the ACC's database of existing Arizona entity names and trade names. Your new name must be **"distinguishable"** from every other name already on file with the ACC. If it is not distinguishable, the ACC will reject your Articles of Amendment. **Tip:** Be cautious about names that incorporate famous brands or trademarks (like Coke or Apple). Even if the ACC accepts the name, using a name that infringes on a federal trademark can expose your LLC to a lawsuit. ### Step 2: Check the USPTO Trademark Database Run a search at the U.S. Patent and Trademark Office's online trademark database at [tmsearch.uspto.gov](https://tmsearch.uspto.gov) to verify that your proposed new name does not infringe on a registered federal trademark or service mark. ### Step 3: Prepare and File the Articles of Amendment Prepare a document called "Articles of Amendment to the Articles of Organization" that clearly states the LLC's current name and the new name it is adopting. File it with the ACC along with a cover sheet. See Section 7 for fees and Section 9 for how to file. ### Step 4: Publish the Amendment (If Required) A name change **requires newspaper publication** in most counties. If the LLC's statutory agent address is outside Maricopa or Pima County, the LLC must publish the amendment in a qualifying local newspaper for three consecutive publications within 60 days of ACC approval. Do not publish until after the ACC approves the amendment. ### Step 5: Update Your Business Records After the ACC approves the name change, update all business records, contracts, bank accounts, licenses, and other documents that reference the old name. Failure to update records can cause confusion and legal complications. ## 5. How Does an Arizona LLC Add or Remove a Member? When a member-managed Arizona LLC adds or removes a member, the LLC **must amend its Articles of Organization within 30 days** of the change. Here is what to do: ### Before Filing: Update Your Operating Agreement Before filing anything with the ACC, make sure the LLC's Operating Agreement is updated to reflect the change in membership. The Operating Agreement is the internal governing document that controls ownership percentages, voting rights, and distributions. The Articles of Amendment filed with the ACC reflects the change publicly, but the Operating Agreement controls the legal rights between the members. ### File Articles of Amendment with the ACC Prepare and file Articles of Amendment to the Articles of Organization with the ACC that list the updated membership information—removing the departing member and/or adding the new member with their name and address. File within 30 days of the membership change. ### Publication Is Not Required for Member Changes When an amendment solely involves changes to the names or addresses of members, **newspaper publication is not required**—even if the statutory agent is located outside Maricopa or Pima County. ## 6. How Does a Manager-Managed Arizona LLC Change Its Managers? When a manager-managed Arizona LLC adds or removes a manager—or when a member who owns 20% or more joins or leaves—the LLC must amend its Articles of Organization within 30 days of the change. The process is the same as for a member change: 1. Update the LLC's Operating Agreement to reflect the management change. 2. Prepare and file Articles of Amendment to the Articles of Organization listing the updated manager information. 3. File with the ACC at [ecorp.azcc.gov](https://ecorp.azcc.gov) within 30 days of the change. Publication in a newspaper is not required when the amendment solely involves adding or removing manager names and addresses. ## 7. What Is the ACC Filing Fee to Amend an Arizona LLC's Articles of Organization? The ACC charges the following fees to file Articles of Amendment for an Arizona LLC: - **Standard filing fee:** $25 - **Expedited processing surcharge:** $35 - **Total with expedited processing:** $60 I strongly recommend paying the $35 expedited surcharge. Without it, the ACC review process can take significantly longer, which is a problem when you have a 30-day deadline to meet. You can check the ACC's current processing times at [ecorp.azcc.gov/Entities/ProcessingTimes](https://ecorp.azcc.gov/Entities/ProcessingTimes). If newspaper publication is required (such as for a name change), the cost to publish varies by county and newspaper, typically ranging from **$60 to $300** for three consecutive publications. ## 8. Does an Amendment to an Arizona LLC's Articles of Organization Require Newspaper Publication? This is one of the most misunderstood aspects of Arizona LLC amendments. Here is the straightforward answer: ### Publication IS Required When: - The LLC is changing its **name** - The LLC is making any **substantive change** to the Articles of Organization other than the specific exempted items listed below - The LLC's statutory agent is **located outside Maricopa or Pima County** ### Publication Is NOT Required When: - The amendment only changes the **name or address of a member or manager** - The amendment only changes the LLC's **principal address** - The amendment only changes the **statutory agent's name or address** - The LLC's statutory agent is located in **Maricopa or Pima County** (regardless of the type of amendment) ### Publication Rules When Required: - The LLC must **wait for ACC approval** before publishing—do not publish before approval. - Publication must begin **within 60 days** of ACC approval. - The notice must run for **three consecutive publications** in a qualifying newspaper located in the **same county as the LLC's statutory agent address**. - The published notice must include the text of the Articles of Amendment. **Pro tip:** One of the simplest ways to avoid the publication requirement is to use a statutory agent located in Maricopa or Pima County. If your LLC uses an agent in any other Arizona county, you will face the publication requirement for most substantive amendments. ## 9. How Do You File Articles of Amendment with the ACC? Arizona LLCs have two options for filing Articles of Amendment: ### Option 1: File Online (Recommended) 1. Go to [ecorp.azcc.gov](https://ecorp.azcc.gov) and log in to your eCorp account. 2. Click **"Online Services."** 3. Click **"Change People or Amend Articles."** 4. Search for your LLC by name. 5. Choose **"Amend Articles of Organization"** and follow the prompts. 6. Enter the changes (new LLC name, updated member/manager information, etc.). 7. Upload a signed copy of the Articles of Amendment document. 8. Sign, review, and pay online by credit card. ### Option 2: File by Mail 1. Complete and print ACC **Form L015** (Articles of Amendment), available at [azcc.gov](https://www.azcc.gov/docs/default-source/corps-files/forms/l015-articles-of-amendment.pdf). 2. Attach the required cover sheet. 3. If changing the statutory agent, also attach a **Statutory Agent Acceptance form**. 4. Sign and date the form. 5. Include a check or money order payable to the Arizona Corporation Commission for $25 (standard) or $60 (expedited). 6. Mail to: **Arizona Corporation Commission, Corporations Division – Examination Section, 1300 W. Washington St., Phoenix, AZ 85007.** ## 10. Who Can Sign the Articles of Amendment for an Arizona LLC? The Articles of Amendment must be signed by an **authorized person**—someone with authority to act on behalf of the LLC. In most cases, this means: - For a **member-managed LLC:** any member - For a **manager-managed LLC:** any manager The signer must indicate on the form whether they are signing as an individual authorized person or on behalf of an authorized entity (for example, if the manager is itself an LLC or corporation). ## 11. What Happens If an Arizona LLC Fails to Amend Its Articles of Organization on Time? Failing to amend your Arizona LLC's Articles of Organization creates two serious problems: ### Problem 1: Administrative Dissolution Under Arizona law, the ACC can administratively dissolve an Arizona LLC for failure to keep its Articles of Organization current. Administrative dissolution means your LLC loses its legal existence as a business entity—it is no longer authorized to do business in Arizona. While dissolution can often be reversed through reinstatement, it creates significant legal and practical problems for your business. ### Problem 2: Ownership Disputes The information in the ACC's public records is used in court to determine who owns an Arizona LLC. If your Articles of Organization shows an old member who has since left, or fails to list a new member who has joined, you are creating a factual record that can be used against you in a legal dispute. Courts and opposing counsel will use the ACC's public records as evidence of ownership. Outdated filings can cost you far more in legal fees to fix than the cost of simply filing the amendment on time. **The bottom line:** The $60 cost of filing an expedited Articles of Amendment is trivial compared to the cost of defending a lawsuit over LLC ownership or reinstating a dissolved LLC. File on time, every time. ## 12. How Can KEYTLaw Help With an Arizona LLC Articles of Amendment? Arizona LLC attorneys Richard Keyt and his son, attorney and former CPA Richard C. Keyt, have formed 10,000+ Arizona LLCs and handle Arizona LLC amendments for clients every day. Richard Keyt has practiced Arizona law since 1979. Together they offer a flat-fee amendment service so you do not have to deal with the ACC yourself. **KEYTLaw's flat fee to prepare and file Articles of Amendment to the Articles of Organization is $255**, which includes: - $195 for preparation of the Articles of Amendment to the Articles of Organization - $60 ACC expedited filing fee To hire us to prepare an amendment to the Articles of Organization of an Arizona LLC or PLLC submit our [online questionnaire](https://www.keytlaw.com/azllclaw/aaoo-q/). If your amendment involves a name change that requires newspaper publication, there is an additional cost for publication, which varies by county and newspaper. When you hire KEYTLaw to amend your Arizona LLC's Articles of Organization, we handle everything—preparation of the amendment document, filing with the ACC on an expedited basis, and, when required, arranging newspaper publication. You do not have to deal with the ACC yourself. Call us at [480-664-7478](tel:4806647478), email , or click here to book a free [office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). --- ## Key Arizona LLC Amendment Facts at a Glance Amendment Type 30-Day Deadline? ACC Fee Publication Required? Name Change No (voluntary) $25 + $35 expedite = $60 Yes (unless Maricopa/Pima County agent) Add/Remove Member (member-managed) Yes – 30 days $25 + $35 expedite = $60 No Add/Remove Manager (manager-managed) Yes – 30 days $25 + $35 expedite = $60 No Change Member/Manager Address Yes – must notify ACC $5 Statement of Change No Change Statutory Agent Yes – 30 days $25 + $35 expedite = $60 No --- ## Disclaimer This article is for general informational and educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Every situation is different. If you have specific questions about amending your Arizona LLC's Articles of Organization, consult a licensed Arizona attorney. To speak with KEYTLaw, call [480-664-7478](tel:4806647478), email , or click here to book a free [office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 423 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: Why an Arizona LLC Should Own Your Rental Property](https://www.keytlaw.com/arizona-llc-rental-property/) **Published:** June 14, 2026 **Author:** Richard Keyt **Content:** # FAQ: Why an Arizona LLC Should Own Your Rental Property By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary Owning Arizona rental property in your own name exposes your home, bank accounts, and savings to tenant lawsuits, but transferring the property to an Arizona LLC builds a legal wall between that liability and your personal assets. This FAQ guide from Arizona LLC attorney Richard Keyt—who has formed 10,000+ Arizona LLCs—explains why an LLC is the right vehicle for rental real estate, the six key benefits (personal asset protection, charging order protection, separating multiple properties, professional credibility, estate planning, and tax flexibility), and the exact four steps to move a property into an LLC: forming the LLC, opening its bank account, recording a deed, and updating your insurance and lease. It also covers the risks landlords miss—the due-on-sale clause, piercing the corporate veil, insurance and title-policy gaps, and losing the homestead exemption—plus how to properly notify your tenant, reassign the lease, handle security deposits under Arizona law, and file an eviction once the LLC is the landlord. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![llc-land-faq](https://www.keytlaw.com/wp-content/uploads/2026/06/llc-land-1024x559.png "llc-land - KEYTLaw") ## How an Arizona LLC Protects Your Assets If you own rental real estate in Arizona—whether it is a single-family home, a duplex, a vacation rental, or a small apartment building—you have a target on your back. Tenants, their guests, and delivery workers can all sue you personally if something goes wrong on the property. A judgment against you can wipe out not just the rental property, but your home, your bank accounts, your car, and your retirement savings. There is a straightforward, low-cost way to protect yourself: transfer the rental property into an Arizona limited liability company (LLC). This article explains why an LLC is the right vehicle for rental real estate, the benefits it provides, how to get property into an LLC, the potential downsides you need to know about, and how the LLC changes your relationship with your tenant. I have formed more than 10,000 Arizona LLCs. I have seen what happens when landlords protect themselves—and what happens when they do not. This article is based on that experience. ## Why Rental Property Is Risky to Own in Your Own Name When you own rental property individually, you own it as what lawyers call a “sole proprietor” or as a co-owner with your spouse. Every liability connected to that property is also connected to you personally. If a tenant trips on a broken step and sues you for $500,000—and wins—the judgment creditor can go after everything you personally own. Arizona does offer some protections. The homestead exemption shields a portion of your primary residence’s equity. IRAs and 401(k)s have strong federal protections. But general bank accounts, investment accounts, and other real estate you own personally are largely exposed. The risk is not hypothetical. Common sources of tenant lawsuits against landlords include: - Slip-and-fall injuries on the property - Dog bites if a tenant’s dog injures a visitor - Mold, lead paint, or habitability complaints - Carbon monoxide or smoke detector failures - Swimming pool accidents - Injuries to workers who maintain the property - Fair housing violations (intentional or not) Any of these can generate a lawsuit that exceeds your insurance policy limits. An LLC creates a legal barrier between that liability and your personal assets. ## The Benefits of Owning Rental Property in an Arizona LLC ### 1. Personal Asset Protection The primary reason to use an LLC is liability protection. When your rental property is owned by an LLC, the LLC—not you personally—is the property owner and the landlord. If someone is injured on the property and sues, they sue the LLC. A judgment against the LLC can only be collected from LLC assets. Your personal home, bank accounts, cars, and other property are shielded. This protection is not absolute—see the “negatives” section below—but it is substantial when the LLC is properly formed and maintained. ### 2. Charging Order Protection Arizona law provides a protection that runs in the other direction as well. If you personally get sued—say, from a car accident that exceeds your auto insurance—and a creditor gets a judgment against you personally, that creditor generally cannot seize your LLC membership interest or the property the LLC owns. The creditor’s remedy is limited to a “charging order,” which is essentially a lien on any distributions the LLC makes to you. If the LLC does not distribute money to you, the creditor may get nothing. This makes an LLC doubly protective. ### 3. Separation of Properties If you own multiple rental properties, consider placing each one in a separate LLC. This compartmentalizes risk. A lawsuit arising from Property A cannot reach Property B if they are in different LLCs. Each property is its own silo of liability. Note: Owning multiple properties in a single LLC offers no separation. A judgment from one property can reach the other properties in the same LLC. ### 4. Professional Credibility Tenants, contractors, and other parties see you as a professional business operation rather than an individual landlord. Leases, bank accounts, and correspondence all carry the LLC name. This can reduce the likelihood of disputes and signal that you take the landlord-tenant relationship seriously. ### 5. Estate Planning Integration An LLC membership interest is personal property, not real property. This matters enormously for estate planning. You can transfer your LLC membership interest to a revocable living trust without triggering a deed recordation tax or disturbing the property itself. Your trust then controls what happens to the LLC when you die—without probate. This is far simpler than trying to deed real property directly into a trust or navigating beneficiary deed rules. If you have a revocable living trust, your trust should own your LLC membership interests. This keeps everything out of probate and passes your rental properties seamlessly to your heirs. ### 6. Tax Flexibility A single-member Arizona LLC is a “disregarded entity” for federal income tax purposes by default. That means you report rental income and expenses on Schedule E of your personal tax return exactly as you do now. Nothing changes for income tax. You can also elect to be taxed as an S corporation or C corporation if that ever makes sense for your situation—something you cannot do as an individual. A multi-member LLC (where you and your spouse or a partner co-own the LLC) is taxed as a partnership by default, using [Form 1065](https://www.irs.gov/forms-pubs/about-form-1065), with each member reporting their share of income on Schedule K-1. ## How to Get Rental Property Into an Arizona LLC ### Step 1: Form the Arizona LLC Before you can transfer property, you need a properly formed LLC. In Arizona, you form an LLC by filing Articles of Organization with the Arizona Corporation Commission. The articles must include: - The LLC name (must include “LLC” or “L.L.C.”) - The statutory agent name and address (a person or company in Arizona who accepts legal papers on behalf of the LLC) - Whether the LLC is member-managed or manager-managed - The names and addresses of each member or manager Once the Articles are approved, you should also adopt an Operating Agreement. Arizona law does not require one, but you absolutely should have one. The Operating Agreement governs how the LLC is managed, what happens if a member dies or wants to leave, how profits are distributed, and dozens of other critical issues. Without one, Arizona’s default LLC statutes control your LLC—and those defaults are rarely what you would choose. ### Step 2: Open an LLC Bank Account Before—or at the same time as—transferring property, open a separate bank account in the LLC’s name. All rental income should flow into this account. All property expenses—mortgage payments, insurance, repairs, property taxes—should be paid from this account. Do not commingle personal funds with LLC funds. Commingling is the fastest way to destroy the liability protection the LLC provides. ### Step 3: Transfer Title by Deed To move real property into an LLC, you must execute and record a deed that transfers the property from your name (or you and your spouse) to the LLC. In Arizona, this is typically a Warranty Deed. The deed must be: - In writing and signed by all current owners - Notarized - Recorded in the county recorder’s office in the county where the property is located - Accompanied by the Arizona Affidavit of Property Value (or a claim of exemption from it) The county recorder’s fee to record a deed is $30. Arizona does not impose a state real estate transfer tax, which makes transfers relatively inexpensive. Hire KEYTLaw to prepare a Special Warranty Deed for $295 by submitting our [online questionnaire](https://www.keytlaw.com/arizona-deed-preparation/). ### Step 4: Update Related Documents After recording the deed, update the following: - **Property insurance:** Contact your insurance company immediately. Your existing landlord policy may be in your name. You need a policy that lists the LLC as the insured. Some carriers simply endorse the existing policy; others require a new policy. Do not skip this step—a claim on a policy that names you personally when the LLC owns the property could be denied. - **Lease agreements:** Your existing lease was between you (as landlord) and the tenant. After the transfer, the LLC is the landlord. You may need to notify the tenant of the change in ownership and landlord identity. Consider having new leases run from the LLC. - **Mortgage and lender notification:** See the due-on-sale discussion below. - **Utilities and service accounts:** Some landlords transfer utility accounts to the LLC; others keep them in their own names for convenience. Either approach is acceptable, but the LLC should pay from its own account. ## Negatives and Risks You Must Understand ### 1. The Due-on-Sale Clause If your rental property has a mortgage on it, that mortgage almost certainly contains a “due-on-sale” clause. This clause gives the lender the right to demand full repayment of the loan if you transfer the property without the lender’s consent. Federal law (the [Garn-St. Germain Act](https://www.law.cornell.edu/uscode/text/12/1701j-3)) limits lenders’ ability to enforce due-on-sale clauses in certain situations, but a transfer to an LLC is generally not one of those protected situations. Technically, the lender could call your loan due. In practice, most lenders do not actively monitor title changes and do not enforce due-on-sale clauses on performing loans. But the risk exists. To learn when lenders cannot call the loan when you transfer land to an LLC, read my article called **FAQ: Can a Lender Call Your Loan if You Transfer Land to an LLC?** ### 2. The LLC Must Be Properly Maintained An LLC’s liability protection can be pierced—wiped away—if a court finds the LLC is not a real, separate entity but merely an alter ego of the owner. Courts look for: - Commingling personal and LLC funds - Failure to maintain a separate bank account - Using LLC funds to pay personal expenses - Failure to identify the LLC properly in contracts and leases - Ignoring the Operating Agreement If a plaintiff successfully “pierces the corporate veil,” they can reach your personal assets. Maintaining the formalities is not difficult, but it requires discipline. ### 3. Insurance Must Be Correct As noted above, your property insurance must be updated to reflect the LLC as owner. If you suffer a loss—fire, flood, liability claim—and your policy is in your personal name while the LLC owns the property, your insurer may deny the claim. This is an easily avoidable catastrophe. ### 4. Title Insurance When you first purchased the property, you likely obtained title insurance. When you transfer to the LLC, that prior title policy does not automatically follow the property to the LLC. You may want to obtain a new title insurance policy in the LLC’s name. Discuss this with a title company. ### 5. Homestead Exemption Loss If you live on the property—for example, you occupy one unit of a duplex while renting the other—you may currently claim the Arizona homestead exemption on the property. Transferring the property to an LLC means the LLC owns it, not you, and the LLC cannot claim a homestead exemption. This is a real trade-off to evaluate with your attorney. Arizona’s homestead exemption is a consumer protection law that automatically shields up to $425,200 of equity in a primary residence from being seized or forced into sale by general judgment creditors. Codified under [A.R.S. § 33-1101](https://www.azleg.gov/ars/33/01101.htm), this legal safeguard ensures that a medical crisis, credit card lawsuit, or personal injury judgment cannot easily cost you your home. ## Dealing With Your Tenant After the Transfer ### Notify the Tenant in Writing After you transfer the property to the LLC, your tenant should be notified in writing that the property now has a new owner: the LLC. Under Arizona law ([A.R.S. § 33-1315](https://www.azleg.gov/ars/33/01315.htm)), a landlord who transfers ownership of a dwelling unit must provide written notice to the tenant of the new owner’s name and address. Failure to do so does not void the tenancy, but it creates confusion and potential liability. The notice should: - State that the property has been transferred to the LLC - Provide the LLC’s name - State where rent payments should now be sent (the LLC’s bank account or a new address if applicable) - Be sent certified mail and kept with your records ### Update the Lease The existing lease was signed between you (individually) as landlord and the tenant. After the transfer, the LLC is the landlord. You have several options: - **Assignment of lease:** Execute a written assignment of the lease from you to the LLC, with the tenant’s acknowledgment. This keeps the existing lease terms intact while substituting the LLC as the landlord party. - **New lease:** When the existing lease expires, execute a new lease that names the LLC as the landlord. This is cleaner for leases with upcoming renewals. Either way, future leases should be signed in the LLC’s name. The signature block should look like this: KEYT RENTALS, LLC, an Arizona limited liability company By: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Richard Keyt, Manager Never sign a lease personally when the LLC is the landlord. If you sign in your personal name, you may be creating personal liability that defeats the purpose of the LLC. ### Collect Rent in the LLC’s Name Rent checks and electronic payments should be payable to and deposited in the LLC’s bank account. Accepting rent into your personal account is commingling and weakens the LLC’s liability protection. Set up ACH or check payment in the LLC’s name and communicate the new payment instructions to the tenant with the ownership transfer notice. ### Handle Security Deposits Properly Arizona law ([A.R.S. § 33-1321](https://www.azleg.gov/ars/33/01321.htm)) governs security deposits. If the tenant already has a deposit on file with you personally, you should transfer that deposit—along with written notice—to the LLC. Maintain the deposit in a separate account and keep accurate records. The security deposit requirements do not change simply because an LLC now owns the property, but the LLC is now the party responsible for returning the deposit or accounting for any deductions at the end of the tenancy. ### Repairs and Maintenance The LLC is now the landlord responsible for maintaining the property in a habitable condition under Arizona’s landlord-tenant laws. Contracts for repairs, landscaping, pest control, and other services should be in the LLC’s name. When a contractor invoices for work at the rental, the invoice should name the LLC and be paid from the LLC’s account. Retain these records—they are both deductions for tax purposes and documentation of your performance of landlord obligations. ### Evictions If you ever need to evict a non-paying or lease-violating tenant, the eviction action (called a “Forcible Entry and Detainer” action in Arizona) must be filed by the LLC, not by you personally. In Arizona, a business entity like an LLC cannot represent itself in court—it must be represented by a licensed Arizona attorney. Plan accordingly. An individual landlord can appear pro se (without an attorney) in eviction court; an LLC cannot. ## Summary: Is an Arizona LLC Right for Your Rental Property? For most Arizona rental property owners, the answer is yes. The liability protection is real and significant. The tax treatment for a single-member LLC is unchanged from owning the property in your own name. The costs are modest. The ongoing maintenance requirements are reasonable. The analysis may differ if: - You have a mortgage with a hair-trigger lender who monitors title changes and enforces due-on-sale clauses aggressively. - You occupy the property and rely on the homestead exemption for asset protection. - The property is in a trust and you have estate planning considerations that require careful coordination. Every situation is different. The right answer for you depends on your specific property, your lender, your insurance, your estate plan, and your overall asset protection picture. An experienced Arizona LLC attorney can analyze your situation and help you structure ownership correctly. Arizona LLC attorneys Richard Keyt and his son, former CPA and attorney Richard C. Keyt, have formed 10,000+ Arizona LLCs. They give every client lifetime free legal support and file most LLCs the same day. See the fees and contents of our [3 LLC Formation Packages](https://azllc.com/contents). To hire us to form an LLC submit our online questionnaire at [azllc.com/llcq](https://azllc.com/llcq), or call Richard Keyt at 480-664-7478 or email . ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 423 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: Does Transferring Land to LLC Trigger Due on Sale Clause?](https://www.keytlaw.com/due-on-sale-clause-llc/) **Published:** June 14, 2026 **Author:** Richard Keyt **Content:** # FAQ: Does Transferring Land to LLC Trigger Due on Sale Clause? By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary In most cases your lender cannot call your loan when you transfer mortgaged real estate to a limited liability company you control. Although nearly every mortgage and deed of trust contains a due-on-sale clause that lets the lender accelerate the loan when the property is transferred, federal guidelines from Fannie Mae ([Section D1-4.1-02](https://servicing-guide.fanniemae.com/svc/d1-4.1-02/allowable-exemptions-due-type-transfer)) and Freddie Mac ([Section 8406.4(b)](https://guide.freddiemac.com/app/guide/chapter/8406)) expressly permit transfers of mortgaged property to an LLC controlled by the original borrower and prohibit the servicer from enforcing the due-on-sale clause when the applicable conditions are met. Freddie Mac requires that at least 12 months have passed since loan origination and that the original borrower be the LLC’s managing member. Fannie Mae requires that the loan was purchased or securitized on or after June 1, 2016, and that the borrower control or own a majority interest in the LLC. This means millions of property owners can move real estate into an LLC for asset protection without risking loan acceleration. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ## The Short Answer: Probably Not — and Here's Why One of the most common concerns landowners raise when they want to transfer real property into a limited liability company is this: Will my lender call my loan the moment I do? It's a legitimate fear. Most mortgages and deeds of trust contain a due-on-sale clause — a provision that gives the lender the right to demand full repayment of the loan if you transfer ownership of the property without the lender's prior approval. Violate that clause, and theoretically the bank can accelerate the entire loan balance and demand you pay it off immediately. But here's what most real estate owners — and even many attorneys — don't know: federal guidelines issued by Fannie Mae and Freddie Mac expressly permit transfers of mortgaged land to an LLC under certain conditions, and prohibit lenders from enforcing the due-on-sale clause in those situations. Let me explain exactly how this works. ## What Is a Due-on-Sale Clause? A due-on-sale clause is standard language found in virtually every residential and commercial mortgage. It says something like: if you sell, transfer, or convey the property (or any interest in it) without the lender's prior written consent, the lender may declare the entire remaining loan balance immediately due and payable. Lenders include this clause to protect themselves. If you sell your property to a third party, the lender wants to be repaid so it can issue a new loan — presumably at a higher interest rate — to the new buyer. Lenders also want to control who owns the property securing their loan. The practical effect for real estate owners is this: many people are afraid that if they transfer their property to an LLC for asset protection purposes, they'll trigger the due-on-sale clause and their lender will call the loan. That fear often stops people from doing the right thing to protect themselves. That fear, in many cases, is not justified. ## Freddie Mac's Rule: Transfers to an LLC Are Permitted The Federal Home Loan Mortgage Corporation — commonly known as Freddie Mac — publishes servicing guidelines that lenders who sell loans to Freddie Mac must follow. One of those guidelines directly addresses the situation where a borrower wants to transfer mortgaged property to an LLC. [Section 8406.4(b)](https://guide.freddiemac.com/app/guide/chapter/8406) of Freddie Mac's Servicing Guidelines (effective October 20, 2021) describes "Additional Permitted Transfers of Ownership" and states that Freddie Mac will permit a transfer of ownership of the mortgaged premises to an LLC or limited partnership — without triggering the due-on-sale clause — when the following conditions are all met: ### Condition 1 At least 12 months have passed since the origination date of the loan. ### Condition 2 The transfer is to an LLC or limited partnership (LP), and: - The original borrower is the managing member (for an LLC) or general partner (for an LP) of the entity receiving the property. - If there were multiple borrowers on the loan, all of them must be members or partners of the LLC/LP, and at least one of them must be a managing member or general partner. - If the transfer results in a change of occupancy type to an investment property, that change must not violate the security instrument — for example, it must not violate a 12-month primary residence occupancy requirement. ### Condition 3 The servicer notifies the original borrower that if the property is ever mortgaged later (refinanced or modified), it must be transferred back to the original owner or natural person first, because Freddie Mac's underwriting requirements apply to natural persons, not LLCs. If those conditions are satisfied, the lender cannot call the loan when you transfer the mortgaged land to your LLC. The due-on-sale clause simply cannot be enforced in that situation under Freddie Mac's rules. ## Fannie Mae's Rule: The Same Protection for Borrowers The Federal National Mortgage Association — Fannie Mae — has issued a parallel ruling that reaches the same result. Fannie Mae's guidelines, published at [Section D1-4.1-02](https://servicing-guide.fanniemae.com/svc/d1-4.1-02/allowable-exemptions-due-type-transfer): Allowable Exemptions Due to the Type of Transfer (effective April 13, 2022), require loan servicers to process certain transfers without reviewing or approving the terms of the transfer. A transfer of mortgaged property to an LLC is on that exempt list — provided the following conditions are met: - The mortgage loan was purchased or securitized by Fannie Mae on or after June 1, 2016. - The LLC is controlled by the original borrower, or the original borrower owns a majority interest in the LLC. - If the transfer results in a change of occupancy type to an investment property, that change must not violate the security instrument (for example, a requirement that the borrower occupy the property as a primary residence for 12 months). When those conditions are met, Fannie Mae's rules require the servicer to allow the transfer to proceed without enforcing the due-on-sale clause. The lender has no right to call the loan. ## Why Does This Matter to You? If you own real estate — raw land, a rental property, a farm, a commercial parcel — and you have a mortgage on it, you may have been told (or assumed) that you can't transfer it to your LLC without risking your loan being called. That assumption causes landowners to leave themselves unnecessarily exposed to personal liability. Owning real estate in your own name means that if someone is injured on the property, or if a lawsuit arises from the property, your personal assets are potentially at risk. An LLC provides a liability shield between you and the property's risks. The Fannie Mae and Freddie Mac rules described above mean that for millions of American property owners, the transfer to an LLC is a permitted transaction. The due-on-sale clause is not a barrier. ## How to Find Out If Your Loan Is a Fannie Mae or Freddie Mac Loan You can look up whether your mortgage is owned by Fannie Mae or Freddie Mac in about two minutes using the free lookup tools both agencies provide on their websites: - Fannie Mae Loan Lookup: - Freddie Mac Loan Lookup: Enter your address and the last four digits of your Social Security number and you'll know in seconds. ## The Bottom Line If you've been reluctant to transfer mortgaged property to your LLC because you feared your lender would call your loan, you may have been letting an unfounded fear keep you from protecting yourself. Under Fannie Mae and Freddie Mac guidelines, transfers of mortgaged property to an LLC controlled by the original borrower are expressly permitted — and lenders are prohibited from enforcing the due-on-sale clause in those situations. That said, every situation is different. Loan documents vary, and not every mortgage is governed by Fannie Mae or Freddie Mac guidelines. Before you transfer any mortgaged property to an LLC, you should consult with a qualified attorney who understands both real estate law and LLC law. Arizona LLC attorneys Richard Keyt and his son, attorney and former CPA Richard C. Keyt, have formed 10,000+ Arizona LLCs. They offer flat-fee pricing, same-day filing, and lifetime free legal support for every LLC they create. See the fees and contents of our [3 LLC Formation Packages](https://azllc.com/contents). To hire us to form an LLC submit our online questionnaire at [azllc.com/llcq](https://azllc.com/llcq), or call Richard Keyt at 480-664-7478 or email . ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [How to Insure Rental Property Transferred to an LLC](https://www.keytlaw.com/llc-rental-property-insurance/) **Published:** June 15, 2026 **Author:** Richard Keyt **Content:** # How to Insure Rental Property Transferred to an LLC By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary When you transfer a rental property deed to an Arizona LLC, your existing homeowner’s insurance likely stops covering the property, because the LLC—not you—becomes the owner of record and most personal policies insure only the named individual. To keep both legal and financial protection in place, you must replace the homeowner’s policy with a landlord (dwelling fire) policy issued in the LLC’s name, add yourself personally as an additional insured, secure liability coverage under the LLC, and consider a commercial umbrella policy. Arizona LLC attorney Richard Keyt explains the 5 insurance steps every rental property owner must take when deeding property to an LLC—and the coverage gap that can leave you uninsured and personally exposed. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![llc-insurance](https://www.keytlaw.com/wp-content/uploads/2026/06/llc-insurance-1024x572.png "llc-insurance - KEYTLaw") Forming an Arizona LLC to own your rental property is one of the smartest asset protection moves you can make. But here is the critical trap most property owners walk right into: they transfer the deed to the LLC and never update their insurance. The result is an LLC that provides legal protection on paper—but zero financial protection in reality. This article tells you exactly what you must do about your insurance when you transfer rental property to an LLC. ## Why Your Existing Insurance Policy Likely Stops Covering the Property When you personally own a rental property, your insurance policy names you as the insured. The policy covers the property because you own it. The moment you transfer title to an LLC by recording a new deed, the LLC—not you—is the owner of record. Most personal homeowner’s and landlord policies cover only the named insured’s property. A transfer of title to an LLC is a material change in ownership that you are contractually required to report to your insurer. If you don’t report it and a claim arises, your insurer has strong grounds to deny the claim entirely—because the named insured on the policy no longer owns the property. Do not assume your existing policy will “just roll over” to cover the LLC. It almost certainly will not. ## The Gap That Defeats Your Asset Protection If you transfer property to an LLC but fail to update the insurance, a claim arises, and the insurer denies coverage, the injured party can sue the LLC (which has no insurance) and sue you personally. You are now uninsured and personally exposed—the exact opposite of what forming an LLC is supposed to accomplish. The LLC gives you legal protection. Insurance gives you financial protection. You need both, properly aligned. ## The 5 Insurance Steps You Must Take ### Step 1. Contact Your Insurance Agent Before or At the Time of the Deed Transfer Call your insurance agent before you sign and record the deed transferring the property to the LLC—not after. You want your new coverage bound and effective on the exact date the deed is recorded. Any gap between the deed transfer and the new policy is a window where you and the LLC are uninsured. Coordinate the timing so coverage is seamless. ### Step 2. Replace the Homeowner’s Policy with a Landlord or Rental Dwelling Policy A standard homeowner’s policy is the wrong product for rental property regardless of who owns it. You need a landlord policy (also called a dwelling fire policy or rental property policy). The new policy should be issued in the LLC’s name as the named insured. Key coverages to include: - Dwelling and structure coverage - Loss of rental income coverage - Liability coverage (see Step 3) - Personal property of the landlord (if applicable) ### Step 3. Get Liability Coverage Under the LLC’s Name The LLC must be the named insured on the liability policy. This is the coverage that matters most from an asset protection standpoint. If a tenant, guest, or visitor is injured on the property and sues, you want the liability policy to cover the LLC as the defendant. If the policy still names you individually after you have transferred title, the insurer may deny a claim filed against the LLC. ### Step 4. Add Yourself Personally as an Additional Insured Even though the LLC owns the property, ask your insurer to add you personally as an additional insured on the LLC’s policy. This is standard and most insurers will do it. Why does this matter? Plaintiffs injured on rental property almost always name both the LLC and its owner in the lawsuit. Being an additional insured ensures you have coverage if you are personally named as a defendant. ### Step 5. Consider a Commercial Umbrella Policy A commercial umbrella policy sits on top of the LLC’s base landlord policy and extends coverage above the base policy limits. If a judgment exceeds your base policy limits, the umbrella picks up the excess. For rental property owners with significant personal assets, an umbrella policy is one of the most cost-effective layers of protection you can add. ## The Right Way to Think About This An LLC and property insurance serve two different but complementary purposes: - The LLC provides **legal protection** by separating your personal assets from the liabilities of the rental property. If someone sues the LLC, your personal assets are generally shielded. - Insurance provides **financial protection** by paying claims, defense costs, and judgments so neither you nor the LLC has to pay out of pocket. You need both layers working together. An LLC with no insurance, or insurance in the wrong name, leaves you exposed financially. Insurance without an LLC leaves your personal assets exposed legally. The goal is to have both in place, properly aligned, from the moment the LLC takes title to the property. ## Frequently Asked Questions What happens to my homeowner’s insurance when I transfer rental property to an LLC? Your existing homeowner’s policy likely becomes void or voidable the moment you deed the property to the LLC. Most personal policies cover only individually-owned property. Transferring title to an LLC is a material change you are required to report to your insurer. If you file a claim after the transfer without having updated your coverage, your insurer may deny the claim entirely. What type of insurance does an LLC that owns a rental property need? The LLC needs a landlord policy (also called a dwelling fire policy or rental property policy) issued in the LLC’s name as the named insured. The policy should include dwelling/structure coverage, loss of rental income coverage, and liability coverage. You should also consider a commercial umbrella policy on top of the base policy for additional protection. Should I be named on the LLC’s rental property insurance policy? Yes. Even though the LLC owns the property, you should ask your insurer to add you personally as an additional insured on the LLC’s policy. Plaintiffs injured on rental property routinely name both the LLC and its owner in a lawsuit. Being listed as an additional insured ensures you have coverage if you are personally named in a claim. When should I contact my insurance agent when transferring rental property to an LLC? Contact your insurance agent before or simultaneously with signing and recording the deed—not after. You want the new landlord policy bound in the LLC’s name effective the same date the deed is recorded. Any gap in coverage between the deed transfer and the new policy creates a window where you and the LLC are uninsured. Does transferring rental property to an LLC trigger the mortgage due-on-sale clause? Technically yes. Most residential mortgage notes contain a due-on-sale clause that is triggered when ownership is transferred. However, most residential lenders do not accelerate the loan when property is transferred to a family LLC. You should review your loan documents, consider notifying the lender, and if possible obtain the lender’s written consent before recording the deed. Your attorney can advise you on this issue. For more on this topic and why your lender probably won’t call your loan, see my FAQ: [Does Transferring Land to an LLC Trigger a Due on Sale Clause?](https://www.keytlaw.com/YOUR-DUE-ON-SALE-ARTICLE-URL) What is the danger of having an LLC own rental property with no insurance or the wrong insurance? If you transfer property to an LLC but fail to update the insurance, a claim arises, and the insurer denies coverage, the injured party can sue the LLC (which has no insurance) and sue you personally. The result is that you are uninsured and personally exposed to liability—the opposite of what asset protection planning is supposed to achieve. Arizona LLC attorneys Richard Keyt and his son, attorney and former CPA Richard C. Keyt, have formed 10,000+ Arizona LLCs and give every client lifetime free legal support for as long as their LLC exists. See the fees and contents of our [3 LLC Formation Packages](https://azllc.com/contents). To hire us to form an LLC submit our online questionnaire at [azllc.com/llcq](https://azllc.com/llcq), or call Richard Keyt at 480-664-7478 or email . ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 423 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [19 Arizona LLC Operating Agreement FAQs](https://www.keytlaw.com/arizona-llc-operating-agreement-faq/) **Published:** June 15, 2026 **Author:** Richard Keyt **Content:** # 19 Arizona LLC Operating Agreement FAQs By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary Arizona law does **not** require an LLC or PLLC to have an Operating Agreement, but going without one is a costly mistake. When an Arizona LLC has no signed Operating Agreement, Arizona’s default statutes take over — and those defaults split distributions and profits **equally instead of by ownership percentage**, give every member just **one vote regardless of how much they own**, leave you with no signed proof of who owns the company, block automatic transfer of a deceased spouse’s interest, forfeit a valuable step-up in tax basis, and let a single member bind the LLC to major contracts without anyone’s consent. This FAQ from Arizona LLC attorneys Richard Keyt and his son former CPA Richard C. Keyt — who have drafted more than 10,000 Arizona LLC Operating Agreements — explains **19 specific ways the absence of an Operating Agreement can harm you, your co-members, and your business**, and how a properly drafted agreement (with the governing A.R.S. statute cited for each) fixes every one. Read on to protect your LLC, or call Rick at 480-664-7478. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![oa-faq](https://www.keytlaw.com/wp-content/uploads/2026/06/oa-faq-1024x559.png "oa-faq - KEYTLaw") ## Arizona LLC Operating Agreement Frequently Asked Question ### **Each harm below is explained in detail in the FAQ that follows.** \#What Goes Wrong Without an Operating Agreement1Distributions are split equally — not by ownership percentage2Profits are allocated equally — not by ownership percentage3Every member gets one vote — even a 90% owner4No signed document proves who owns the company5No signed document proves each member’s ownership percentage6A deceased spouse’s interest may not pass automatically to the survivor7Surviving spouse loses a full step-up in tax basis on the LLC8A spouse is omitted from the Articles of Organization despite co-owning the LLC9A married member cannot own the LLC as separate property10An unmarried partner cannot automatically inherit your LLC interest11A manager-managed LLC has no legal manager12Any member or manager can bind the LLC to major obligations without consent13The IRS — not the members — picks the LLC’s partnership representative in an audit14You are stuck with a thieving member permanently15Any member can transfer their interest to a stranger without member approval16An oral promise to contribute money to the LLC is unenforceable17Members cannot be paid for services without an authorizing Operating Agreement18Members can claim oral agreements obligate the LLC19The death of a sole manager leaves the LLC without legal management ## **Frequently Asked Questions** ### **Q1. What is an Arizona LLC Operating Agreement?** An LLC Operating Agreement is a **contract between the LLC and all of its owners** (called members) and managers. A well-written Operating Agreement: - Names all members and managers - States the percentage of the LLC owned by each member - Specifies any required capital contributions - Sets the rules for calling meetings and voting - Defines what actions require member approval and at what threshold (majority, supermajority, or unanimous consent) - Establishes how profits and distributions are allocated In short, the Operating Agreement is the governing document that sets the rules for how the LLC operates and how its members relate to one another and to the company. ### **Q2. Does Arizona law require an LLC to have an Operating Agreement?** **No.** Arizona law does not require Arizona LLCs or PLLCs to have an Operating Agreement. However, Arizona LLC attorneys Richard Keyt and Richard C. Keyt strongly recommend that the members of **every** Arizona LLC sign a comprehensive Operating Agreement. The reason is straightforward: when an Arizona LLC lacks an Operating Agreement, Arizona’s LLC statutes fill every gap — and the default rules are often harmful to one or more members. An Operating Agreement lets the members override those defaults and establish rules tailored to their business. Authority: A.R.S. §29-3105.A.3 — “In the event of a conflict between a provision of the operating agreement and this Chapter, the provision of the operating agreement governs.” ### **Q3. What happens to distributions if my Arizona LLC has no Operating Agreement?** **HARM 1** Without an Operating Agreement, **all distributions are split equally among all members** — regardless of how much each member contributed. Example: Ned Flanders contributed $90,000 to the LLC; Homer and Marge Simpson contributed $10,000. Without an Operating Agreement, if the LLC distributes $10,000, each of the three members receives one-third ($3,333). Ned does not receive 90% ($9,000) as he expected. An Operating Agreement can override this default and allocate distributions in proportion to each member’s ownership percentage or any other agreed formula. Authority: A.R.S. §29-3404.A — “Any distribution made by a limited liability company . . . must be in equal shares among Members.” ### **Q4. How are profits allocated in an Arizona LLC without an Operating Agreement?** **HARM 2** Profits are also allocated **equally** among all members — not in proportion to ownership percentage or capital contributions. In the same example, if the LLC earns $90,000 in profits, each of three members is allocated $30,000. Ned — who contributed $90,000 — expected to receive $81,000 (90%). He receives only $30,000. Because profits under Arizona law are proportional to each member’s right to share distributions, and because distributions are equal by default, the only way to allocate profits by ownership percentage is through a signed Operating Agreement. Authority: A.R.S. §29-3102.12 — Members’ respective interests in profits are proportional to their rights to share distributions. ### **Q5. How many votes does each member get without an Operating Agreement?** **HARM 3** Each member gets **one vote**, regardless of ownership percentage. Because profits and distributions are equal by default, each member’s voting interest is also equal. In our example, the Simpsons (two members with a combined 10% contribution) have two votes and control the LLC. Ned (one member with a 90% contribution) has one vote. The majority votes against Ned on every matter. An Operating Agreement can correct this by stating that each member’s number of votes equals his or her ownership percentage — so a 90% member has 90 votes and a 10% member has 10 votes. Authority: A.R.S. §29-3102.12 — “Majority in Interest” is determined by equal profit allocation absent an Operating Agreement. ### **Q6. How can I prove who owns my LLC and what percentage each member owns?** **HARM 4 & 5**You often cannot — without an Operating Agreement. **The Arizona Corporation Commission’s Articles of Organization do not state each member’s ownership percentage.** They may not even name all members correctly. The only reliable way to prove who owns the LLC and in what percentage is through an **Operating Agreement signed by all members**. Banks, lenders, title insurance companies, and courts routinely require a signed Operating Agreement to verify LLC ownership. Without one, you may be unable to: - Open a bank account for the LLC - Obtain a business loan - Buy or sell real estate through the LLC - Enter into major contracts with third parties ### **Q7. What happens to my LLC membership interest when I die if I have no Operating Agreement?** **HARM 6** Without an Operating Agreement, married Arizona residents own their LLC interest as **community property** — not as community property with right of survivorship (CPWROS). This distinction matters enormously at death. When a spouse dies and the LLC is owned as community property, the deceased spouse’s interest **does not automatically transfer** to the surviving spouse. A Superior Court probate may be required, and the surviving spouse may not even inherit the deceased spouse’s interest if the deceased spouse has children who are not also the surviving spouse’s children. **Warning:** Arizona’s intestate succession law may cause your LLC interest to be inherited by someone other than your spouse. Take our free quiz at [Who Inherits Your Property](https://www.arizona-wills.com/inherits/) to see who would inherit your assets under current Arizona law. The solution is an Operating Agreement that expressly declares the couple holds their interest as **community property with right of survivorship**. Arizona law requires this declaration to be in writing in an Operating Agreement — no other document can create CPWROS for an LLC interest. Authority: A.R.S. §29-3401.G — CPWROS “is created when a written operating agreement expressly declares that a married couple holds a transferable interest as community property with right of survivorship.” ### **Q8. What is the tax benefit of owning my LLC as community property with right of survivorship?** **HARM 7** When married Arizona residents own their LLC as **community property with right of survivorship (CPWROS)** and one spouse dies, two powerful tax events occur: - The surviving spouse **automatically inherits** the deceased spouse’s interest without probate, and - The surviving spouse’s tax basis in the **entire LLC** is stepped up to the fair market value of the LLC on the date of death. **Why this matters:** Suppose you and your spouse formed an LLC for $10,000 and it is now worth $1,000,000. If you die and your spouse inherits the LLC as CPWROS, her tax basis becomes $1,000,000. If she sells the LLC for $1,000,000, there is **no capital gains tax** — a savings of $99,000 or more compared to owning the LLC as community property only. The only way to create CPWROS ownership of an LLC interest is through a **written Operating Agreement that expressly states CPWROS**. Authority: A.R.S. §29-3401.G ### **Q9. What if I am a married Arizona resident and my spouse is not named in the LLC’s Articles of Organization?** **HARM 8** Under Arizona law, **all property acquired by either spouse during marriage is community property except for inherited property or property that is a gift** — including an LLC formed during the marriage, even if only one spouse is named as a member in the LLCs’ Articles of Organization. The unnamed spouse legally co-owns the LLC interest with his or her spouse. This creates two problems. First, the Articles of Organization are factually incorrect and the member who signed them has affirmed their accuracy under penalty of perjury. Second, the unnamed spouse’s community property interest in the LLC is undocumented, which can create complications with banks, title companies, and courts. An Operating Agreement clarifies each spouse’s interest and brings the LLC’s records into compliance with Arizona law. If needed, KEYTLaw can also amend the LLC’s Articles of Organization to add a missing spouse for $195 plus a $60 Arizona Corporation Commission filing fee. Authority: A.R.S. §25-211.A; A.R.S. §29-3205.C ### **Q10. Can I own my Arizona LLC interest as my separate property even though I am married?** **HARM 9** Yes — but **only if your spouse signs a written Disclaimer** waiving any interest in the LLC. Without a Disclaimer, Arizona law automatically makes the LLC interest community property of both spouses, even if only one spouse is named as a member. When KEYTLaw prepares an Operating Agreement for a member who wants to own their interest as separate property, it also prepares the required Disclaimer for the non-owner spouse to sign. KEYTLaw also offers a standalone editable Disclaimer form for $47. Authority: A.R.S. §25-211.A **Q11. Will my unmarried partner inherit my LLC interest if I die?** **HARM 10** Not automatically. An unmarried partner will not inherit your LLC interest unless you have a **will or trust** that transfers it to them, or unless the two of you own the LLC interest as **joint tenants with right of survivorship (JTWROS)**. JTWROS means that if you die, your partner automatically inherits your interest in the LLC — no probate required. And if your partner dies first, you automatically inherit their interest. JTWROS ownership of an LLC interest can **only be created by a written Operating Agreement** that expressly states the members hold their interest as JTWROS. Authority: A.R.S. §29-3401.F — JTWROS “is created when a written operating agreement expressly declares that two or more natural persons hold a transferable interest as joint tenants with right of survivorship.” ### **Q12. My LLC’s Articles of Organization say it is manager-managed and names a manager. Is the named person legally the manager?** **HARM 11** **No.** This surprises many LLC owners. Under Arizona law, a “manager” is defined as a person who holds management authority **under the Operating Agreement** of a manager-managed LLC. Naming a manager in the Articles of Organization alone does not create legal management authority. If your manager-managed LLC has no Operating Agreement that names its managers, the LLC technically has **no legally authorized manager** — even if a manager is named in the Articles of Organization. This can make it impossible for the purported manager to bind the LLC in contracts, open bank accounts, or take other actions on behalf of the LLC. All Operating Agreements prepared by KEYTLaw for manager-managed LLCs name the managers who also sign the Operating Agreement. Authority: A.R.S. §29-3102.13 — “‘Manager’ means a person that under the Operating Agreement of a manager-managed LLC is responsible for performing the management functions.” ### **Q13. Can one member enter into a major contract or take significant action without the other members’ consent?** **HARM 12** Yes — under Arizona’s default rules, any member of a member-managed LLC has the **right to manage and conduct the company’s activities** without limitations. This means a single member could, without the knowledge or consent of other members: - Sign a $100,000 employment agreement - Enter into a long-term lease - Take out a loan in the LLC’s name - Sell LLC assets A well-written Operating Agreement solves this by listing actions that **require majority, supermajority, or unanimous member approval** before they can be taken. KEYTLaw’s multi-member Operating Agreements contain a comprehensive list of major actions that no single member or manager can take without prior member approval. Authority: A.R.S. §29-3407 — “In a member-managed LLC . . . each member has the right to manage and conduct the company’s activities.” ### **Q14. What happens if the IRS audits my multi-member LLC and we have no Operating Agreement?** **HARM 13** Multi-member LLCs are taxed as partnerships by default. IRS rules require every partnership-taxed entity to designate a **partnership representative** who has sole authority to: - Settle a tax audit - Agree to final partnership tax adjustments - Make elections regarding how a tax liability is paid - Agree to extensions of the period for making partnership adjustments If your LLC has no Operating Agreement designating a partnership representative, **the IRS may appoint one** — and the IRS-appointed representative is unlikely to act in the LLC’s best interests. Whatever the IRS-appointed representative agrees to, including an agreement that the LLC owes $50,000 in back taxes, is binding on the LLC and all of its members. KEYTLaw’s multi-member Operating Agreements designate the LLC’s partnership representative and include three pages of provisions governing the representative’s obligations to the LLC, including a requirement to obtain member approval before agreeing to any adverse IRS action. ### **Q15. What can I do if a member of my LLC steals from the company?** **HARM 14** Without an Operating Agreement that addresses theft, **very little**. If the Operating Agreement is silent about what happens when a member steals, you may be stuck as co-owners with the thief indefinitely. KEYTLaw’s Operating Agreements provide that if a member steals money or property from the LLC: - The thief is in **default** of the Operating Agreement - The thief is liable for the greater of actual damages or **$10,000 in liquidated damages** plus legal fees - The thief **loses all voting rights** - The other members have the right for one year to **purchase the thief’s entire membership interest for $100** Without these provisions, there is no contractual mechanism to remove a thieving member from your company. ### **Q16. Is a member’s oral promise to contribute money or property to the LLC enforceable?** **HARM 16** **No.** Under Arizona law, a member’s obligation to make a capital contribution to the LLC is **not enforceable unless it is in writing and signed by the member**. If a co-member verbally promised to contribute $50,000 and refuses to follow through, the LLC has no legal remedy to compel the contribution. All capital contribution obligations — including amounts, timing, and consequences of non-contribution — must be set forth in a signed Operating Agreement or other signed written record. Authority: A.R.S. §29-3403.A — “A person’s obligation to make a contribution to a limited liability company is not enforceable unless the obligation is set forth in a record signed by the person.” ## **Q17. Can my LLC pay me for the services I perform for it?** **HARM 17 & 18** **Not without an Operating Agreement that authorizes payment.** Arizona’s default LLC statute prohibits a member-managed LLC from paying a member for services unless the Operating Agreement says otherwise. This also highlights a related risk: without a written Operating Agreement that disclaims oral agreements, any member can later **claim the members orally agreed** that the LLC would pay them a salary or perform some other obligation. These “he said, she said” disputes are expensive to litigate and difficult to win. As any first-year contracts professor will tell you: *“If it isn’t in writing, it’s like it never happened.”* Your Operating Agreement should authorize member compensation where appropriate and contain a provision stating that no oral agreements are binding on the LLC. Authority: A.R.S. §29-3407.G — “A member is not entitled to remuneration for services performed for a member-managed LLC.” ### **Q18. What happens if the sole manager of my manager-managed LLC dies or becomes incapacitated?’** **HARM 19** Without an Operating Agreement naming a successor manager, **the LLC is left without any legally authorized manager**. Because Arizona law requires managers to be named in an Operating Agreement, the LLC effectively has no manager until the members convene and formally appoint one — a process that may take weeks and can leave the LLC unable to conduct business during that time. A well-drafted Operating Agreement can name one or more **successor managers** who **automatically assume management authority** upon the death or incapacity of the current manager. The replacement manager can then immediately file an amendment to the LLC’s Articles of Organization with the Arizona Corporation Commission to update the manager’s name on the public record. This single provision can be the difference between an orderly management transition and a business crisis at the worst possible time.. ### **Protect Your Arizona LLC Today** Richard Keyt and Richard C. Keyt have drafted more than 10,000 Arizona LLC Operating Agreements. A custom Operating Agreement costs $297 for single-member and married-couple LLCs or $797 for multi-member LLCs. All members sign digitally through DocuSign and receive a fully executed copy by email. [Get Your Operating Agreement](https://azllc.com/oaq/) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: How to Transfer Property to an LLC & Avoid the Due on Sale](https://www.keytlaw.com/avoid-due-on-sale-clause-llc/) **Published:** June 17, 2026 **Author:** Richard Keyt **Content:** # FAQ: How to Transfer Property to an LLC & Avoid a Due on Sale By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary Transferring mortgaged real estate into an LLC usually does *not* trigger the due on sale clause if your loan is owned or guaranteed by Fannie Mae or Freddie Mac. Freddie Mac ([Section 8406.4(b)](https://guide.freddiemac.com/app/guide/chapter/8406)) and [Fannie Mae (Section D1-4.1-02](https://servicing-guide.fanniemae.com/svc/d1-4.1-02/allowable-exemptions-due-type-transfer)) both expressly permit transfers to an LLC controlled by the original borrower and prohibit lenders from calling the loan when the applicable conditions are met — such as the loan being at least 12 months old and the borrower remaining the LLC’s managing member. This FAQ article explains both agencies’ rules, the exact conditions you must satisfy, the important exception for portfolio loans, how to look up whether your mortgage is a Fannie Mae or Freddie Mac loan, and the refinancing step you should plan for. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). Can Your Lender Call Your Loan When You Transfer Mortgaged Land to Your LLC? | KEYTLaw [KEYTLaw](https://www.keytlaw.com) [LLC Packages](https://azllc.com/contents) [Form LLC](https://azllc.com/llcq) [Services](https://www.keytlaw.com/services/) [Book Free Meeting](https://www.keytlaw.com/calendar) Arizona LLC & Real Estate Law ## Can Your Lender Call Your Loan When You Transfer Mortgaged Land to Your LLC? By **Richard Keyt** | Arizona LLC Attorney | KEYTLaw, LLC, Scottsdale, Arizona The Short Answer Probably not — and federal guidelines from both Fannie Mae and Freddie Mac explain exactly why. If your mortgage is owned or guaranteed by one of those agencies and you meet certain conditions, transferring your mortgaged property to an LLC you control is a permitted transaction. Your lender cannot enforce the due on sale clause to call the loan. One of the most common concerns landowners raise when they want to transfer real property into a limited liability company is this: *Will my lender call my loan the moment I do?* It is a legitimate fear. Most mortgages and deeds of trust contain a **due on sale clause** — a provision that gives the lender the right to demand full repayment of the entire loan balance if you transfer ownership of the property without the lender's prior written consent. Violate that clause, and theoretically the bank can accelerate the loan and demand you pay it off immediately. But here is what most real estate owners — and even many attorneys — do not know: **federal guidelines issued by Fannie Mae and Freddie Mac expressly permit transfers of mortgaged property to an LLC under certain conditions, and prohibit lenders from enforcing the due on sale clause in those situations.** ## What Is a Due on Sale Clause? A due on sale clause is standard language found in virtually every residential and commercial mortgage. It says something like: if you sell, transfer, or convey the property — or any interest in it — without the lender's prior written consent, the lender may declare the entire remaining loan balance immediately due and payable. Lenders include this clause to protect themselves. If you sell or transfer your property, the lender wants to be repaid so it can issue a new loan, presumably at a higher interest rate, to the new owner. Lenders also want to control who holds the property securing their loan. The practical effect for real estate owners is this: many people are afraid that if they transfer their property to an LLC for asset protection purposes, they will trigger the due on sale clause and the lender will call the loan. That fear often stops people from taking the right step to protect themselves and their personal assets. In many cases, that fear is not justified. ## Why You Should Transfer Real Estate to an LLC Anyway Before getting into the legal mechanics, it is worth understanding what is at stake. If you own real estate — raw land, a rental property, a farm, a commercial parcel — in your own name, you are personally exposed to every lawsuit, accident, or liability that arises from that property. A tenant who is injured on a rental property. An environmental issue on a piece of land. A dispute with a neighboring property owner. When you hold real estate inside an LLC, Arizona law gives you a shield. A creditor who wins a judgment related to the property generally cannot come after your personal assets — your home, your bank accounts, your retirement savings — because the LLC owns the property, not you personally. The LLC absorbs the liability. That asset protection benefit is precisely why so many real estate owners want to transfer their property into an LLC. And the due on sale clause has long been the obstacle stopping them. The Fannie Mae and Freddie Mac rules described below remove that obstacle for a very large number of American property owners. ## Freddie Mac's Rule: Transfers to an LLC Are Permitted The Federal Home Loan Mortgage Corporation — commonly known as **Freddie Mac** — publishes servicing guidelines that lenders who sell loans to Freddie Mac must follow. One of those guidelines directly addresses the situation where a borrower wants to transfer mortgaged property to an LLC. **Section 8406.4(b) of Freddie Mac's Servicing Guidelines** (effective October 20, 2021) describes "Additional Permitted Transfers of Ownership" and states that Freddie Mac will permit a transfer of ownership of the mortgaged premises to an LLC or limited partnership — *without triggering the due on sale clause* — when all of the following conditions are met: Freddie Mac — Section 8406.4(b) Conditions ### All three conditions must be satisfied: - **Condition 1:** At least **12 months** have passed since the origination date of the loan. - **Condition 2:** The transfer is to an LLC or limited partnership (LP), and the original borrower is the **managing member** (for an LLC) or **general partner** (for an LP). If there were multiple borrowers on the loan, all of them must be members or partners of the LLC or LP, and at least one must be a managing member or general partner. - **Condition 3:** If the transfer results in a change of occupancy type to an investment property, that change must not violate the security instrument — for example, it must not violate a 12-month primary residence occupancy requirement. There is also an important notice requirement: the servicer must notify the original borrower that if the property is ever refinanced or if the loan is ever modified, the property must first be transferred back from the LLC to the original owner as a natural person. Freddie Mac's underwriting requirements are designed for individual borrowers, not LLC entities. If those conditions are satisfied, **the lender cannot call the loan** when you transfer the mortgaged property to your LLC. The due on sale clause simply cannot be enforced in that situation under Freddie Mac's rules. ## Fannie Mae's Rule: The Same Protection The Federal National Mortgage Association — **Fannie Mae** — has issued a parallel ruling that reaches the same result. Fannie Mae's guidelines, published at **Section D1-4.1-02: Allowable Exemptions Due to the Type of Transfer (effective April 13, 2022)**, require loan servicers to process certain transfers "without reviewing or approving the terms of the transfer." A transfer of mortgaged property to an LLC is on that exempt list — provided the following conditions are met: Fannie Mae — Section D1-4.1-02 Conditions ### All conditions must be satisfied: - The mortgage loan was **purchased or securitized by Fannie Mae on or after June 1, 2016**. - The LLC is **controlled by the original borrower**, or the original borrower **owns a majority interest** in the LLC. - If the transfer results in a change of occupancy type to an investment property, that change must not violate the security instrument — for example, a requirement that the borrower occupy the property as a primary residence for 12 months. When those conditions are met, Fannie Mae's rules require the servicer to allow the transfer to proceed *without enforcing the due on sale clause*. The lender has no right to call the loan. ## Important Limitations: Not All Mortgages Are Covered **Important:** The Fannie Mae and Freddie Mac rules described above apply only to loans that are owned or guaranteed by those agencies. They do not apply to portfolio loans — loans that a bank or credit union keeps on its own books. If your loan is a portfolio loan, consult an attorney before transferring any mortgaged property to an LLC. A very large percentage of residential mortgage loans in the United States are sold to either Fannie Mae or Freddie Mac after origination, so these rules apply broadly — but not universally. Commercial loans, jumbo loans, and loans originated by community banks or credit unions that hold them in-house are often not governed by Fannie Mae or Freddie Mac guidelines. You should also keep in mind the **refinancing limitation** mentioned in the Freddie Mac guidelines: if you later want to refinance or modify the loan, you may be required to transfer the property back from the LLC to your name as a natural person first, because Freddie Mac's underwriting requirements apply to individuals, not LLCs. This is a procedural step, not a permanent barrier to refinancing — but you should plan for it. ## How to Find Out If Your Mortgage Is a Fannie Mae or Freddie Mac Loan You can look up whether your mortgage is owned by Fannie Mae or Freddie Mac in about two minutes using the free lookup tools both agencies provide online. Enter your property address and the last four digits of your Social Security number and you will know immediately. ### Free Loan Lookup Tools **Fannie Mae Loan Lookup:** **Freddie Mac Loan Lookup:** ## The Bottom Line If you have been reluctant to transfer mortgaged property to your LLC because you feared your lender would call the loan, you may have been letting an unfounded fear stop you from protecting yourself. Under Fannie Mae and Freddie Mac guidelines, transfers of mortgaged property to an LLC controlled by the original borrower are expressly permitted — and lenders are prohibited from enforcing the due on sale clause in those situations. That said, every situation is different. Loan documents vary, and not every mortgage is governed by Fannie Mae or Freddie Mac guidelines. Before you transfer any mortgaged property to an LLC, consult with a qualified attorney who understands both real estate law and Arizona LLC law. ## Frequently Asked Questions What is a due on sale clause? A due on sale clause is standard language in most mortgages that gives the lender the right to demand full repayment of the entire remaining loan balance if you transfer ownership of the property without the lender's prior written consent. It is designed to protect lenders by ensuring they can issue a new loan at current interest rates if ownership of the collateral changes. Can my lender call my loan if I transfer mortgaged land to my LLC? Probably not, if your loan is owned or guaranteed by Fannie Mae or Freddie Mac. Both agencies have guidelines that expressly permit transfers of mortgaged property to an LLC owned or controlled by the original borrower, and prohibit lenders from enforcing the due on sale clause in those situations, provided the applicable conditions are satisfied. What are the Freddie Mac conditions for this transfer? Under Freddie Mac Section 8406.4(b), the transfer is permitted without triggering the due on sale clause if: (1) at least 12 months have passed since the loan origination date; (2) the original borrower is the managing member or general partner of the LLC or LP receiving the property; and (3) if there were multiple borrowers, all must be members or partners of the entity and at least one must be a managing member or general partner. What are the Fannie Mae conditions for this transfer? Under Fannie Mae Section D1-4.1-02, the transfer is permitted without triggering the due on sale clause if: (1) the mortgage loan was purchased or securitized by Fannie Mae on or after June 1, 2016; and (2) the LLC is controlled by the original borrower or the original borrower owns a majority interest in the LLC. Does this rule apply to all mortgages? No. The Fannie Mae and Freddie Mac rules apply only to loans those agencies own or guarantee. Portfolio loans — loans a lender keeps on its own books rather than selling to a secondary market agency — are governed by the lender's own loan documents. Consult an attorney before transferring any mortgaged property to an LLC if you are unsure about your loan type. Can I refinance my loan after transferring the property to my LLC? Not directly through the LLC. Freddie Mac's guidelines require that before any subsequent refinance or loan modification, the property must be transferred back to the original owner as a natural person, because Freddie Mac's underwriting standards apply to individuals, not LLCs. This is a procedural step, not a permanent barrier. How do I find out if my mortgage is a Fannie Mae or Freddie Mac loan? Both agencies offer free online lookup tools. Fannie Mae's is at [knowyouroptions.com/loanlookup](https://www.knowyouroptions.com/loanlookup) and Freddie Mac's is at [ww3.freddiemac.com/loanlookup](https://ww3.freddiemac.com/loanlookup/). Enter your property address and the last four digits of your Social Security number. Should I notify my lender before transferring the property to my LLC? Fannie Mae's guidelines require the servicer to process the transfer "without reviewing or approving the terms of the transfer" once the conditions are met. That said, you should consult with an Arizona LLC attorney before making any transfer, and your attorney may recommend providing notice to the servicer to document that the transfer satisfies the applicable conditions. ## Questions? Book a Free Meeting Richard Keyt and Richard C. Keyt are Arizona LLC attorneys at KEYTLaw, LLC in Scottsdale. They have formed over 10,000 Arizona LLCs and can help you transfer your real estate into an LLC the right way. [Book Free Office, Phone or Zoom Meeting](https://www.keytlaw.com/calendar) ![Richard Keyt, Arizona LLC Attorney](https://secure.gravatar.com/avatar/be46af086de7d79cb650301f8e2188550999d39b68ef6226ddae375f7b4c0778?s=144&d=mm&r=g) **About Richard Keyt** Richard Keyt is an Arizona LLC attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has formed over 10,000 Arizona LLCs. His LLC packages include a custom Operating Agreement and the Arizona LLC Operations Manual. Richard can be reached directly at **480-664-7478** or by booking a free meeting at [keytlaw.com/calendar](https://www.keytlaw.com/calendar). [KEYTLaw](https://www.keytlaw.com) | [Form an Arizona LLC](https://azllc.com) | [Book Free Office, Phone or Zoom Video Meeting](https://www.keytlaw.com/calendar) | 480-664-7478 ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). ## **About the Authors** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick) is an Arizona estate planning and LLC attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at and the fee and the [36 documents & services](https://www.keytlaw.com/ep-contents) in their estate plan. ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: How Members of an LLC Pay Themselves](https://www.keytlaw.com/how-llc-members-pay-themselves/) **Published:** June 18, 2026 **Author:** Richard Keyt **Content:** # FAQ: How Members of an LLC Pay Themselves By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). **Arizona LLC members pay themselves in one of two ways, depending on how the LLC is taxed.** By default, a single-member Arizona LLC is a “disregarded entity,” so the owner pays themselves through **distributions** — simply transferring money from the LLC’s bank account to a personal account — with no payroll or W-2. Distributions are **not tax-deductible**, and the owner owes **15.3% self-employment tax** on all net profit plus federal and Arizona income tax. Once annual net profit consistently exceeds **$40,000–$50,000**, electing **S-Corporation** status (via IRS [Form 2553](https://www.irs.gov/forms-pubs/about-form-2553) and [Form 8832](https://www.irs.gov/forms-pubs/about-form-8832)) often saves thousands per year by splitting income into a reasonable W-2 salary and FICA-free distributions. This FAQ article explains distributions, self-employment tax, reasonable compensation, the S-Corp election process, and Arizona-specific tax rules — with side-by-side tax comparisons. ![member-payments](https://www.keytlaw.com/wp-content/uploads/2026/06/member-payments-1024x559.png "member-payments - KEYTLaw") How Arizona LLC Members Pay Themselves | KEYTLaw [KEYTLaw](https://www.keytlaw.com) [(480) 664-7478](tel:4806647478)## How Arizona LLC Members Pay Themselves Distributions, self-employment tax, S-Corp elections, and how to legally reduce what you owe — explained by an Arizona LLC attorney By Richard Keyt | Arizona LLC Attorney Since 1979 | 10,000+ Arizona LLCs Formed One of the most common questions Arizona LLC owners ask is: **How do I pay myself from my LLC?** It seems like a simple question, but the answer has significant tax consequences — and getting it wrong can cost you thousands of dollars every year. This article explains exactly how single-member Arizona LLC owners pay themselves, why distributions can be expensive from a tax standpoint, and when it makes sense to elect S-Corporation status to reduce your self-employment tax burden. ## What Is a Single-Member Arizona LLC? When you form a single-member LLC in Arizona, you are the sole owner — the only "member." Arizona LLCs are governed by the Arizona Limited Liability Company Act, A.R.S. § 29-3101 et seq. Your LLC is a separate legal entity that shields your personal assets from business liabilities. For federal income tax purposes, however, the IRS treats a single-member LLC as a **disregarded entity** — meaning the LLC itself pays no federal income tax. All profit and loss flows directly to your personal tax return on Schedule C, exactly as if you were a sole proprietor. Your LLC has its own Employer Identification Number (EIN), which you use to open a business bank account and keep your business finances separate from your personal finances. **Critical:** Keep your LLC bank account separate from your personal accounts. Commingling funds — depositing business income into your personal account or paying personal bills from your business account — can destroy your LLC's liability protection and expose your personal assets to business creditors. ## How Single-Member LLC Owners Pay Themselves: Distributions When you move money from your LLC business bank account to your personal bank account, that transfer is called a **distribution**. There is no formal payroll process, no W-2, and no pay stub. You simply transfer the money. Here is the important tax rule: **distributions are not tax-deductible by the LLC.** The IRS does not allow a single-member LLC to deduct money paid to its sole owner as a business expense. This is because the owner and the LLC are the same taxpayer for federal income tax purposes. This means if your LLC has $100,000 in net profit, the IRS taxes you on $100,000 — regardless of whether you transferred all of it to your personal account, none of it, or anything in between. The act of taking a distribution does not reduce your taxable income. ## The Self-Employment Tax Problem Here is where the tax pain becomes real. As a single-member LLC owner, you pay **self-employment tax of 15.3%** on your net business profit. Self-employment tax covers: - Social Security tax: 12.4% (on net earnings up to the annual wage base, which is $168,600 in 2024) - Medicare tax: 2.9% (no income cap; an additional 0.9% applies above $200,000 for single filers) On $100,000 in net LLC profit, self-employment tax alone is **$15,300**. You can deduct half of self-employment tax on your personal return as an above-the-line deduction, but you still owe the full amount. After that, you still owe federal income tax and Arizona state income tax on the remaining income. Here is what the total tax picture looks like on $100,000 net profit as a single-member LLC: Tax Rate / Calculation Amount Self-employment tax 15.3% × $100,000 $15,300 Federal income tax (24% bracket, single) Approximate effective tax ~$18,000 Arizona state income tax (2.5% flat) 2.5% × net taxable income ~$2,300 **Estimated total tax** **~$35,600** **Note:** These numbers are estimates for illustration purposes only. Your actual tax liability depends on your filing status, deductions, credits, and other income. Consult your CPA for your specific situation. ## The S-Corporation Solution: Reducing Self-Employment Tax Once your Arizona LLC's annual net profit consistently exceeds $40,000 to $50,000, many CPAs recommend electing to have your LLC taxed as an **S Corporation** for federal income tax purposes. An S-Corp election does not change your Arizona LLC under state law. Your LLC remains an Arizona LLC — it still has the same operating agreement, the same members, and the same liability protection. The only thing that changes is how the IRS taxes it. ### How to Make the S-Corp Election To elect S-Corp taxation, you file two IRS forms: - **Form 2553** — Election by a Small Business Corporation - **Form 8832** — Entity Classification Election The election must generally be filed within 75 days of the start of the tax year in which you want it to take effect, or by March 15th of that year. Arizona automatically recognizes the federal S-Corp election — there is no separate Arizona state form required. Important: S-Corp returns are due **March 15th**, not April 15th. File Form 7004 if you need an extension. ### How S-Corp Taxation Works: Salary + Distribution When your LLC is taxed as an S-Corp, you wear two hats: you are both an owner and an employee of your own company. As an employee, you must pay yourself a **reasonable W-2 salary** for services you perform. That salary is a deductible business expense for the LLC. After paying yourself a reasonable salary, the remaining net profit flows through to your personal return as **S-Corp distribution income** — which is not subject to self-employment tax or FICA payroll taxes. That is where the savings come from. ## Reasonable Compensation: What Does It Mean? The IRS requires that S-Corp owner-employees pay themselves a salary that is "reasonable" for the services they perform. The IRS scrutinizes S-Corps that pay unreasonably low salaries specifically to avoid payroll taxes. There is no one-size-fits-all number. Reasonable compensation depends on: - The nature of the work you perform - Your industry and geographic market - What you would pay someone else to do the same work - Your LLC's net profit available for compensation A practical guideline many tax professionals use: pay yourself at least **30% to 40% of net profit** as a W-2 salary, and take the remainder as an S-Corp distribution. Work with your CPA annually to set an appropriate reasonable compensation amount. ## Side-by-Side Tax Comparison: LLC vs. S-Corp Here is a concrete comparison using $100,000 in net profit, with a $40,000 reasonable salary under the S-Corp structure. Your figures will vary based on your deductions and filing status. Tax Item Single-Member LLC LLC Taxed as S-Corp Net profit $100,000 $100,000 Reasonable W-2 salary None $40,000 S-Corp distribution (not subject to FICA) N/A $60,000 Self-employment / FICA tax $15,300 (15.3% × $100K) $6,120 (employer + employee FICA on $40K salary) Federal income tax (approx.) ~$18,000 ~$15,000 Arizona income tax (2.5%) ~$2,300 ~$2,300 **Estimated total tax** **~$35,600** **~$23,420** **Estimated annual savings** **~$12,180** **Important:** S-Corp status comes with additional costs: payroll service fees ($500–$2,000/year), a separate corporate tax return (Form 1120-S), and additional accounting complexity. The net tax savings need to comfortably exceed those costs. At $40,000–$50,000 in net profit, it often does. ## Arizona-Specific Considerations - **Arizona flat income tax rate:** Arizona's individual income tax rate is a flat 2.5% — one of the lowest in the country. This makes the state tax component relatively predictable. - **No Arizona franchise tax:** Arizona does not impose a franchise tax or annual LLC income tax. Arizona LLCs pay a $50 annual report fee to the Arizona Corporation Commission. - **S-Corp recognition:** Arizona automatically follows the federal S-Corp election. No separate Arizona form is required. - **Annual report deadline:** Arizona LLC annual reports are due on the anniversary of the LLC's formation date. ## Key Takeaways - Single-member Arizona LLC owners pay themselves through distributions — not salary — unless they have elected S-Corp status. - Distributions are not deductible. You pay self-employment tax of 15.3% on all net LLC profit. - An S-Corp election allows you to split income between a reasonable W-2 salary (subject to FICA) and a distribution (not subject to FICA), generating significant tax savings. - The S-Corp election generally makes financial sense once net profit exceeds $40,000–$50,000 per year. - Reasonable compensation must be set carefully — work with a CPA to determine the right amount each year. - Always keep your LLC bank account separate from personal finances. ## Frequently Asked Questions ### How does a single-member Arizona LLC owner pay themselves? By taking a distribution — transferring money from the LLC business bank account to your personal bank account. No formal payroll or W-2 is required. However, you pay self-employment tax of 15.3% on all net LLC profit, plus federal and Arizona income tax. ### What is self-employment tax and how does it affect Arizona LLC owners? Self-employment tax is 15.3% of net profit, covering Social Security (12.4%) and Medicare (2.9%). Every single-member Arizona LLC owner who has not elected S-Corp status pays this on 100% of net business income. On $100,000 net profit, that is $15,300 before any income tax. ### When should an Arizona LLC elect to be taxed as an S Corporation? Most Arizona CPAs recommend considering an S-Corp election when your LLC's annual net profit consistently exceeds $40,000 to $50,000. At that income level, the self-employment tax savings typically outweigh the additional cost of running payroll and filing a corporate tax return. ### What forms do I file to elect S-Corp status for my Arizona LLC? File IRS Form 2553 (Election by a Small Business Corporation) and IRS Form 8832 (Entity Classification Election). Arizona automatically recognizes the federal S-Corp election — no separate Arizona state form is required. The election must generally be filed within 75 days of the start of the applicable tax year. ### What is reasonable compensation for an Arizona LLC taxed as an S-Corp? Reasonable compensation is the W-2 salary you must pay yourself as an S-Corp employee for services you perform. A common guideline is to pay at least 30%–40% of net profit as salary and take the remainder as an S-Corp distribution. Work with a CPA to determine your specific amount each year. ### Does Arizona have a franchise tax or annual LLC income tax? No. Arizona does not impose a franchise tax or annual LLC tax based on income. Arizona LLCs pay a $50 annual report fee. Arizona's flat individual income tax rate is 2.5% — one of the lowest in the country. ### Can I still take distributions from my LLC after electing S-Corp status? Yes. After electing S-Corp status, you pay yourself a reasonable W-2 salary and can also take additional distributions. The distributions are not subject to FICA payroll taxes. You pay FICA only on the W-2 salary portion — which is the primary tax benefit of the S-Corp election. ## Questions About Your Arizona LLC? Richard Keyt has formed over 10,000 Arizona LLCs and practiced Arizona law since 1979. Call or visit us online to learn how to structure your Arizona LLC correctly from day one. [Form an Arizona LLC](https://www.keytlaw.com/arizona-llcs/form-arizona-llc/) [Call (480) 664-7478](tel:4806647478) [More Arizona LLC Articles](https://www.keytlaw.com/arizona-llcs-articles/) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [How to Get a Trade Name aka DBA in Arizona FAQ](https://www.keytlaw.com/arizona-trade-name-law/) **Published:** June 18, 2026 **Author:** Richard Keyt **Content:** # How to Get a Trade Name aka DBA in Arizona FAQ By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary In Arizona, a trade name (also called a DBA, “doing business as,” or fictitious name) is any name your LLC uses to do business that differs from its Arizona Corporation Commission–approved legal name. Registering a trade name is not legally required in Arizona, but it is inexpensive and strongly recommended: you register with the [Arizona Secretary of State](https://azsos.gov/business/tntm) for a $10 standard fee or a $35 expedited fee, and with expedited processing you can pick up your certificate the same day in person or receive it by mail in 2–3 weeks. This FAQ guide explains the difference between your LLC’s legal name and its trade name, the three key benefits of registering, how to search the Arizona trade name database, how to file step by step, and answers the most common trade name and DBA questions Arizona LLC owners ask. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![tradename](https://www.keytlaw.com/wp-content/uploads/2026/06/tradename-1024x559.png "tradename - KEYTLaw") Arizona Trade Names & DBA: Complete Guide for LLCs | KEYTLaw KEYTLaw, LLC Arizona LLC & Estate Planning Attorneys [Home](https://www.keytlaw.com) › [Arizona LLC](https://www.keytlaw.com/arizona-llc/) › Arizona Trade Names & DBAs Arizona LLC Guide ## Arizona Trade Names & DBAs: What Every LLC Owner Needs to Know By [Richard Keyt](https://www.keytlaw.com/richard-keyt), Arizona LLC Attorney & Founding Member, KEYTLaw, LLC | KEYTLaw, LLC If your Arizona LLC operates under a name that is different from its legal name — even slightly — that other name is called a **trade name** or **DBA ("doing business as")**. This article explains what Arizona trade names are, why registration matters even though it is not legally required, how to search the Arizona Secretary of State's trade name database, and how to register a trade name quickly and inexpensively. ## Your LLC's Legal Name vs. Its Trade Name When the Arizona Corporation Commission (ACC) approves your LLC's Articles of Organization, it assigns your company an official **legal name** — typically your chosen name followed by "LLC." That is the name on every state filing, every bank account, and every contract your company signs. An **Arizona trade name** is any name your company uses to conduct business in Arizona that is different from that ACC-approved legal name. Trade names go by several terms: trade name, DBA, "doing business as," and fictitious name all mean the same thing. Here is a simple example: if your LLC's legal name is *Sunrise Ventures, LLC* but you run a bakery called *Desert Bloom Bakery*, then "Desert Bloom Bakery" is your trade name. ## Does Your Legal Name Need to Be Registered as a Trade Name? No. Your LLC's legal name is automatically protected when the ACC approves your Articles of Organization. The ACC will not allow any other Arizona company — or any out-of-state entity that wants to do business in Arizona — to use a company name or trade name that is the same as your legal name. You do not need to register your legal name anywhere else to get that protection. Trade names are a different story, and that is what the rest of this article is about. ## Do You Have to Register an Arizona Trade Name? Arizona law does not require you to register a trade name. But if you use a trade name and *do not* register it, you get none of the protections that registration provides. Someone else can come along, register the same trade name, and then have the legal right to stop you from using it — even if you have been using it for years. Registration is inexpensive and quick. There is almost no good reason to skip it. ## Three Important Benefits of Registering an Arizona Trade Name - 1 **ACC protection.** The Arizona Corporation Commission will not allow another company to form in Arizona — or allow a foreign entity (an out-of-state company) to register to do business in Arizona — under the same trade name you have registered. - 2 **Secretary of State protection.** The Arizona Secretary of State will not allow any other person or entity to register the same trade name once yours is on file. - 3 **Constructive notice.** Registration is legal notice to the entire world that your company is the owner of the trade name — and gives you the legal right to prevent others from using it in Arizona. ## Which Agency Handles Arizona Trade Names? The **Arizona Secretary of State** is the state agency responsible for registering and overseeing trade names and trademarks in Arizona. You can learn more from the Arizona Secretary of State's [Trade Name and Trademark Handbook](https://azsos.gov/sites/default/files/bsd_trade_name_handbook_v3-1.pdf). ## How to Search the Arizona Trade Name Database Before you file a trade name application, search the Arizona Secretary of State's database to confirm the name is available. You can also search the database to find out who already owns a particular registered trade name. Search the database here: [Arizona Secretary of State Trade Name & Trademark Search](https://www.azsos.gov/business/trade-names-and-trademarks) The search tool allows you to: - ✓ Check whether a specific trade name is already registered in Arizona. - ✓ Look up the name and contact information of the holder of any registered Arizona trade name. ## How to Register an Arizona Trade Name / DBA Registering a trade name in Arizona is straightforward. Here is how to do it: 1. **Search first.** Use the [Arizona Secretary of State's trade name database](https://www.azsos.gov/business/trade-names-and-trademarks) to confirm your desired trade name is not already taken. 2. **File online.** Go to the Arizona Secretary of State's [online trade name application system](https://apps.azsos.gov/apps/tntp/na.html) and complete the application. 3. **Pay the fee.** The standard fee is **$10**. We recommend paying the **$35 expedited filing fee** — it is money well spent for faster processing and review. 4. **Receive your certificate.** After paying the expedited fee, you have two options: (a) wait **2–3 weeks** for the Arizona Secretary of State to mail your registration certificate, or (b) go in person to the Arizona Secretary of State's office and receive your certificate the same day. **In-person pickup:** The Arizona Secretary of State's office is located on the **second floor of the Arizona Capitol building** at 1700 W. Washington Street, Phoenix, Arizona. If you pay the expedited fee and visit in person, you can walk out with your trade name registration certificate that day. ## Can an LLC Have More Than One Trade Name? Yes. An Arizona LLC may use as many trade names as it likes — for example, if it operates multiple brands or divisions under different names. Each trade name should be registered separately with the Arizona Secretary of State to receive independent protection. ## Quick Reference: Arizona Trade Name at a Glance Topic Key Fact What is a trade name? Any name your LLC uses in Arizona that differs from its ACC-approved legal name Also called DBA, "doing business as," fictitious name Registration required? No — but strongly recommended Registration agency Arizona Secretary of State Standard fee $10 Expedited fee (recommended) $35 Expedited processing time Same day (in person) or 2–3 weeks (by mail) Online application [apps.azsos.gov/apps/tntp/na.html](https://apps.azsos.gov/apps/tntp/na.html) Database search [azsos.gov/business/trade-names-and-trademarks](https://www.azsos.gov/business/trade-names-and-trademarks) In-person pickup location 1700 W. Washington Street, Phoenix, AZ (2nd floor) ## Frequently Asked Questions About Arizona Trade Names What is the difference between a trade name and a trademark?A **trade name** (DBA) is simply the name under which you conduct business in Arizona — it identifies your business. A **trademark** identifies a product or service and is protected under both federal and state law. Registering a trade name with the Arizona Secretary of State does not give you trademark rights. If you want broader intellectual property protection, you should consult an attorney about federal trademark registration through the U.S. Patent and Trademark Office. What happens if I use a trade name without registering it?You can still use the name, but you have no legal protection. Another business could register the same trade name and then have the right to prevent you from continuing to use it in Arizona — even if you started using it first. Registration is inexpensive ($10–$35) and quick, so there is little reason not to protect yourself. Does registering an Arizona trade name protect me nationally?No. Arizona trade name registration only provides protection within the state of Arizona. It does not protect you in other states or at the federal level. For national protection, you would need to apply for a federal trademark through the U.S. Patent and Trademark Office. Can I register a trade name that is the same as my LLC's legal name?You do not need to. Your LLC's legal name is automatically protected by the ACC when your Articles of Organization are approved. The ACC will not allow any other Arizona company or foreign entity to use the same name. There is no benefit to also registering it as a trade name with the Secretary of State. How long does an Arizona trade name registration last?Arizona trade name registrations must be renewed periodically. The Arizona Secretary of State's office will notify you of renewal deadlines. Keep your contact information current with the Secretary of State so you do not miss renewal notices and lose your registration. Where is the Arizona Secretary of State's office located for in-person pickup?The Arizona Secretary of State's office is located on the **second floor of the Arizona Capitol building at 1700 W. Washington Street, Phoenix, Arizona**. If you pay the $35 expedited fee online and visit in person, you can receive your trade name registration certificate the same day instead of waiting 2–3 weeks for it to arrive by mail. Do I need an attorney to register an Arizona trade name?You do not need an attorney to register a trade name — the Arizona Secretary of State's online application is straightforward and the fee is low. That said, if you have questions about whether your intended trade name conflicts with an existing name or trademark, or if your business situation is complex, consulting with an Arizona business attorney is a smart step. Call KEYTLaw at any time if you have questions — we are happy to help. ## Questions About Your Arizona LLC? KEYTLaw has formed more than 10,000 Arizona LLCs. Whether you need help choosing a trade name, forming a new LLC, or understanding how your company should operate, we are here to help. [Schedule a Free Office, Phone or Zoom Video Consultation](https://www.keytlaw.com/calendar) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: How to Open a Bank Account for an Arizona LLC | KEYTLaw](https://www.keytlaw.com/arizona-llc-bank-account/) **Published:** June 18, 2026 **Author:** Richard Keyt **Content:** # FAQ: How to Open a Bank Account for an Arizona LLC By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary To open a bank account for your Arizona LLC, you must bring seven things to the bank: (1) your Arizona Articles of Organization (or a certified copy from the Arizona Corporation Commission), (2) your EIN confirmation from the IRS, (3) a signed Operating Agreement, (4) a bank resolution authorizing the account signer, (5) a government-issued photo ID for every signer, (6) beneficial ownership information for anyone owning 25% or more, and (7) an opening deposit that comes from LLC funds rather than your personal money. Every Arizona LLC — including a single-member LLC — needs its own dedicated business bank account, because commingling personal and business funds can let a court pierce the LLC’s liability shield and hold you personally liable for the company’s debts. This guide answers the most common questions members and managers ask about opening an LLC bank account in Arizona, including who is authorized to open the account, why the bank requires your Operating Agreement, how long the process takes, which banks work best for small LLCs, and how a foreign national member or manager can open an account. Arizona LLC attorneys Richard Keyt and his son, former CPA Richard C. Keyt, have formed 10,000+ Arizona LLCs and prepare the Articles of Organization, Operating Agreement, bank resolution, and EIN for every LLC they form so clients arrive at the bank ready to open the account. Call Richard Keyt at 480-664-7478 or email . See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![llc-bank-account](https://www.keytlaw.com/wp-content/uploads/2026/06/llc-bank-account-1024x559.png "llc-bank-account - KEYTLaw") How to Open a Bank Account for Your Arizona LLC | KEYTLaw ## How to Open a Bank Account for Your Arizona LLC What a member or manager must bring — and what happens if you skip this step Forming your Arizona LLC is step one. Funding it properly is step two. But before any money can flow in or out of the LLC, you need a dedicated business bank account — and banks have specific requirements you must satisfy before they will open one. This article answers every question a member or manager is likely to have about opening an LLC bank account in Arizona. Read all the way through, then gather your documents before you walk into the bank. The process is straightforward if you are prepared and frustrating if you are not. ### The LLC Bank Account Document Checklist 1. **Arizona Articles of Organization** — or a certified copy from the Arizona Corporation Commission 2. **Employer Identification Number (EIN)** — the IRS confirmation letter (CP 575) or Form SS-4 approval 3. **LLC Operating Agreement** — signed by all members 4. **Bank Resolution** — authorizing the signer(s) to open and manage the account 5. **Government-issued photo ID** — for every person who will be an authorized signer 6. **Beneficial ownership information** — name, date of birth, address, and ID for any owner with 25%+ interest and the person with primary management control 7. **Opening deposit** — amount varies by bank; confirm in advance ## Frequently Asked Questions Why does my Arizona LLC need its own bank account? Every Arizona LLC should have a dedicated business bank account because it is the single most important operational step you can take to protect the personal liability shield the LLC provides. Commingling personal and business money destroys the legal separation between you and the LLC. If a creditor sues your LLC and a court finds that you routinely mixed funds, it can "pierce the corporate veil" and hold you personally liable for the LLC's debts — defeating the entire purpose of forming the LLC in the first place. A separate account also makes bookkeeping, tax preparation, and profit distribution far simpler, and gives you a clean paper trail if you are ever audited. Who can open a bank account on behalf of an Arizona LLC? The person who opens the account must be authorized to act on the LLC's behalf under the operating agreement or a formal resolution. For a **member-managed LLC**, any member who is authorized in the operating agreement may open the account. For a **manager-managed LLC**, the manager (or a member who has been specifically authorized by the manager) does so. Most banks will ask to see written proof of that authority in the form of a signed resolution or a clear authorization provision in the operating agreement. What documents does a bank require to open an LLC bank account? Requirements vary slightly from bank to bank, but the standard package is: - Arizona Articles of Organization (or a certified copy) - The LLC's EIN from the IRS - A signed LLC Operating Agreement - A bank resolution authorizing the account opener - Government-issued photo ID for each signer - Beneficial ownership information (see below) Some banks also request an assumed name (DBA) certificate if the LLC transacts business under a trade name different from its legal name. What is an EIN and does my LLC need one to open a bank account? An Employer Identification Number (EIN) is a nine-digit federal tax identification number the IRS assigns to businesses. Think of it as your LLC's Social Security Number for tax and banking purposes. Without an EIN, virtually no bank will open a business checking account for your LLC. The good news is that the IRS issues EINs for free and you can apply online at [irs.gov](https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online) in about five minutes. You receive the EIN immediately upon completing the online application. Print or save the confirmation — the bank will want to see it. What is a bank resolution and do I need one? A bank resolution is a written document — signed by the LLC's members or manager — that formally authorizes a specific person (or persons) to open and manage bank accounts on behalf of the LLC. It identifies the LLC by its legal name, names the authorized signers, and specifies what banking actions they may take. Most banks require a resolution before they will open an account. Many banks have their own printed resolution form they ask you to execute at the branch. Your LLC can also use a custom resolution prepared by your attorney. KEYTLaw prepares a bank resolution for every LLC we form, so our clients arrive at the bank ready to go. Will the bank want to see the LLC's operating agreement? Yes. Most banks review the operating agreement to confirm who is authorized to act for the LLC, how the LLC is managed, and that the entity is legitimate. If your LLC does not have a written, signed operating agreement, you will likely be turned away. Arizona law allows LLCs to operate without a written agreement, but no serious bank or business partner will work with an LLC that lacks one. An operating agreement is not optional — it is essential. What personal identification does the bank require from the account signer? Under federal Bank Secrecy Act and anti-money-laundering regulations, every bank must verify the identity of the individuals who own and control the LLC. The account opener must present a valid, unexpired government-issued photo ID — a driver's license or passport is standard. The bank will also collect the signer's Social Security Number (or ITIN), date of birth, and current residential address. Do I need to deposit money to open the account? Most banks require a minimum opening deposit, which can range from $0 to $100 or more depending on the account type and institution. Some business checking accounts at credit unions or online banks have no minimum deposit requirement. Ask about the minimum deposit, monthly maintenance fees, and transaction limits before choosing a bank. Critically, any initial deposit should come from the LLC's funds — for example, from the capital contributions the members made when the LLC was formed — not from your personal account. Using personal funds to fund the new business account defeats the separation you are trying to establish. Can a single-member LLC open a business bank account? Yes, and it absolutely should. A single-member LLC can and must open a separate business bank account to preserve its liability protection. Being the sole member does not reduce the need for separation — if anything, it makes it more important. The IRS and creditors are more likely to scrutinize single-member LLCs for commingling, so a clean dedicated account is essential. Bring the same documents: Articles of Organization, EIN, signed operating agreement, bank resolution, and your photo ID. **⚠️ Warning:** Using a personal bank account for LLC business is one of the most damaging mistakes an LLC owner can make. It destroys the liability protection the LLC is designed to provide, creates a tax nightmare, and makes your LLC nearly impossible to audit or value. The fix is simple — open an LLC account and keep all business money completely separate from your personal finances. Which banks are best for small Arizona LLCs? There is no single best bank for every LLC. Here is a quick comparison of your main options: - **Local Arizona community banks and credit unions** — frequently lower fees, personal service, and relationship lending if you ever need a business loan. - **Online business banks** (Relay, Mercury, Bluevine) — few or no fees, no branch visits required, and strong integrations with accounting software like QuickBooks and Xero. Well-suited for LLCs that do most business online. Compare monthly fees, minimum balance requirements, transaction limits, and accounting software integration before deciding. How long does it take to open an LLC bank account? If you have all required documents assembled in advance, opening an account at a physical bank branch typically takes 30 to 60 minutes. Online business banks can approve and open accounts in as little as 10 minutes with no in-person visit required. The most common cause of delays is a missing document — especially the EIN or a signed operating agreement. Gather everything on the checklist above before you go. Can a foreign national who is a member or manager of an Arizona LLC open a bank account? Yes, but the process involves additional steps. A foreign national without a U.S. Social Security Number must obtain an Individual Taxpayer Identification Number (ITIN) from the IRS. The LLC itself needs an EIN, which a foreign national can obtain by calling the IRS Business & Specialty Tax Line or by faxing Form SS-4. Not every bank is comfortable working with foreign nationals. Some require an in-person visit with a passport and additional documentation. It often helps to work with a bank experienced in serving international clients, and to consult with an attorney who has formed LLCs for foreign nationals before you begin the banking process. **About the Author: Richard Keyt, Arizona LLC Attorney** Richard Keyt has practiced Arizona law since 1979 and has formed more than 10,000 Arizona LLCs. He is a founding member of KEYTLaw, LLC, where he works alongside his son and law partner Richard C. Keyt, a licensed attorney and former CPA. Richard is one of Arizona's most experienced LLC formation attorneys. [Read Richard's full biography.](https://www.keytlaw.com/richard-keyt) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: LLC Taxation Explained: 4 Ways the IRS Taxes LLCs](https://www.keytlaw.com/how-llcs-are-taxed/) **Published:** June 19, 2026 **Author:** Richard Keyt **Content:** # FAQ: LLC Taxation Explained: 4 Ways the IRS Taxes LLCs By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary The IRS taxes an LLC in one of four ways: as a disregarded entity, a partnership, an S corporation, or a C corporation. Two are automatic IRS defaults that require no election — a single-member LLC is a disregarded entity (income reported on Schedule C of [Form 1040](https://www.irs.gov/forms-pubs/about-form-1040)), and a multi-member LLC is a partnership (files [Form 1065](https://www.irs.gov/forms-pubs/about-form-1065) and issues Schedule K-1s). The other two must be affirmatively elected: S corporation status is elected on [IRS Form 2553](https://www.irs.gov/forms-pubs/about-form-2553) (due by March 15 for calendar-year LLCs) and can save actively managed, profitable businesses thousands in self-employment tax, while C corporation status is elected on [IRS Form 8832](https://www.irs.gov/forms-pubs/about-form-8832) and suits venture-backed startups and QSBS candidates despite double taxation. This FAQ guide by Arizona LLC attorney Richard Keyt explains when each classification makes sense, exactly what to file with the IRS, and how Arizona state tax conformity applies. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![4-ways-taxed](https://www.keytlaw.com/wp-content/uploads/2026/06/4-ways-taxed-1024x559.png "4-ways-taxed - KEYTLaw") The 4 Ways the IRS Can Tax Your LLC | KEYTLaw Arizona LLC Attorney Arizona LLC Tax Guide # The 4 Ways the IRS Can Tax Your LLC Forming an LLC is only half the decision. How you choose to be taxed can save you thousands — or cost you dearly. Here is what every LLC owner needs to know. RK **Richard Keyt** Arizona LLC & Estate Planning Attorney · KEYTLaw, LLC · Practicing since 1979 · 10,000+ Arizona LLCs formed One of the most powerful — and most misunderstood — features of a limited liability company is its tax flexibility. Unlike a corporation, which is locked into a specific tax structure by default, an LLC can choose from four different federal income tax regimes. That flexibility is an enormous advantage, but only if you understand your options and make a deliberate, informed choice. This article explains each of the four ways an LLC can be taxed, when each makes sense, and — critically — exactly what you must file with the IRS to make each election. ### Key Takeaways - An LLC has four possible federal income tax classifications: disregarded entity, partnership, S corporation, or C corporation. - Two of those four — disregarded entity and partnership — are the IRS default. No filing is required to be taxed those ways. - Two — S corporation and C corporation — require an affirmative election filed with the IRS on specific forms and by specific deadlines. - The right choice depends on your income level, the number of members, how you plan to take money out of the business, and your long-term goals. - Getting the tax election wrong can be very expensive. Talk to a CPA or tax attorney before making this decision. ## The Four Tax Options at a Glance Federal tax law gives LLCs remarkable flexibility. The Internal Revenue Code does not treat an LLC as a separate category — instead, it forces the LLC to be classified as one of the entity types the Code already recognizes: a sole proprietorship (called a "disregarded entity"), a partnership, an S corporation, or a C corporation. Here is a quick summary before we dive into each one. Option 1 ### Disregarded Entity Available to single-member LLCs. The LLC is ignored for tax purposes. All income and loss flows to the owner's personal return. No separate LLC tax return is filed. Option 2 ### Partnership Available to multi-member LLCs. Income and loss flow through to each member's personal return. The LLC files an informational return (Form 1065) but pays no tax itself. Option 3 ### S Corporation Available to eligible LLCs. The LLC files a corporate return (Form 1120-S) but pays no tax. Profits flow through to members, who can split income between salary and distributions to reduce self-employment tax. Option 4 ### C Corporation Available to any LLC. The LLC files a corporate return (Form 1120) and pays corporate income tax. Shareholders pay tax again on dividends received — the classic "double taxation." ## Option 1: Disregarded Entity (Single-Member LLC Default) If you form a single-member LLC and do nothing else, the IRS will treat it as a **disregarded entity**. This is the default classification for any LLC with exactly one member (owner). "Disregarded" means the IRS ignores the LLC as a separate taxable entity. From a federal tax standpoint, it is as if the LLC does not exist. All of the LLC's income, deductions, gains, losses, and credits are reported directly on the owner's personal federal income tax return. If the single member is an individual, the LLC's business income and expenses are typically reported on **Schedule C of Form 1040**, just as they would be for a sole proprietor. Net profit from Schedule C is subject to both ordinary income tax and self-employment tax (currently 15.3% on the first $176,100 of net self-employment income in 2025, and 2.9% on amounts above that threshold). If the single member is itself a corporation or another LLC, the income flows into that entity's tax return instead. ### When a Disregarded Entity Makes Sense A disregarded entity is a good fit when: - The business is in its startup phase with modest or unpredictable income. - The owner wants maximum simplicity — no separate business tax return to file. - Net profit is low enough that the self-employment tax burden is not a significant concern. - The owner wants to use business losses to offset other personal income (losses flow directly to the 1040). - The LLC is a rental property holding entity, where self-employment tax is generally not an issue. How to Notify the IRS **No filing required.** A single-member LLC is automatically treated as a disregarded entity unless it files Form 8832 to elect otherwise. Simply file your personal tax return (Form 1040) and attach Schedule C reporting the LLC's income and expenses. The IRS infers the disregarded entity classification from the way you file. ## Option 2: Partnership Taxation (Multi-Member LLC Default) If an LLC has two or more members and makes no election, the IRS automatically treats it as a **partnership** for federal income tax purposes. Like the disregarded entity, partnership taxation is a pass-through system — the LLC itself pays no federal income tax. Instead, the LLC files an annual informational return, **Form 1065 (U.S. Return of Partnership Income)**. Along with Form 1065, the LLC issues a **Schedule K-1** to each member, reporting that member's allocable share of the LLC's income, deductions, gains, losses, and credits. Each member then reports those K-1 figures on his or her personal tax return. Members who are active in the business are treated as self-employed and pay self-employment tax on their distributive share of business income. Members who are passive investors generally are not subject to self-employment tax on their share of profits, but they may be subject to the 3.8% Net Investment Income Tax (NIIT) instead. One important and often overlooked point: partnership taxation allows tremendous flexibility in allocating income and loss among members in ways that do not necessarily correspond to each member's ownership percentage, as long as the allocations have "substantial economic effect" under the Treasury regulations. ### When Partnership Taxation Makes Sense - The LLC has two or more members and income is relatively modest. - The members want pass-through loss treatment — losses can offset other personal income. - The members need flexible allocation of profits and losses that differs from ownership percentages. - Simplicity of operation is a priority (no payroll required, unlike an S or C corporation). - The business is real estate or investment-focused, where passive income rules may limit self-employment tax exposure. How to Notify the IRS **No filing required.** A multi-member LLC is automatically classified as a partnership unless it elects otherwise. File Form 1065 annually and issue Schedule K-1 to each member. The IRS recognizes partnership taxation from the Form 1065 filing alone — no separate election form is needed. ## Option 3: S Corporation Taxation S corporation taxation is the most popular tax election for profitable, actively managed small businesses. It is a pass-through tax structure — like a partnership — but with a key structural difference that can produce substantial self-employment tax savings. ### How It Works When an LLC is taxed as an S corporation, the LLC files **Form 1120-S (U.S. Income Tax Return for an S Corporation)** each year. The LLC itself pays no federal income tax. Income and loss flow through to each member's personal return via a Schedule K-1, similar to partnership taxation. The key difference — and the primary reason business owners choose S corporation status — is the ability to split business income into two components: 1. **Reasonable salary.** An owner who works in the business must pay himself or herself a "reasonable" W-2 salary. That salary is subject to payroll taxes (Social Security and Medicare) just like any employee's wages. 2. **Distributions.** Profits above the reasonable salary can be distributed to the owner as dividends. Those distributions are *not* subject to self-employment tax or payroll taxes. For a business generating $150,000 or more in net profit, this split can easily save $10,000 to $20,000 or more per year in self-employment taxes, depending on the salary set and the net profit level. That is the reason S corporation elections are so popular. **Important:** The IRS requires that the salary paid to an owner-employee be "reasonable" for the services performed. Setting an artificially low salary to maximize distributions is a well-known audit red flag. Work with a CPA to determine what constitutes a defensible reasonable salary for your role in the business. ### S Corporation Eligibility Requirements Not every LLC qualifies for S corporation status. To elect S corporation taxation, the LLC must meet all of the following IRS requirements: - No more than **100 shareholders (members)**. - All shareholders must be **U.S. citizens or permanent residents**. Non-resident aliens cannot be members of an S corporation. - The LLC may have only **one class of membership interest** (differences in voting rights are permitted, but not differences in economic rights). - Certain types of entities — corporations, partnerships, and most trusts — cannot be members. - The LLC cannot be an insurance company, a financial institution that uses the bank bad debt reserve method, or a domestic international sales corporation (DISC). ### When S Corporation Taxation Makes Sense - The LLC is actively operated by its members and produces consistent net profit. - Net profit is high enough — generally $50,000 or more above a reasonable salary — that self-employment tax savings justify the additional administrative costs (payroll, quarterly filings, Form 1120-S). - The member(s) meet the eligibility requirements above. - The business does not need the flexible profit/loss allocation available under partnership taxation. How to Notify the IRS — IRS Form 2553 To elect S corporation taxation, the LLC must file **IRS Form 2553, "Election by a Small Business Corporation."** All members (shareholders) must sign the form. **Deadline:** The election must be filed **no later than two months and 15 days after the beginning of the tax year** in which the election is to take effect, or at any time during the preceding tax year. For a calendar-year LLC, this means the Form 2553 must be filed by **March 15** for the election to be effective for that year. If you miss the deadline, the IRS has a late-election relief procedure, but it requires a reasonable cause explanation and the consent of all members. **Note:** An LLC technically elects to be treated as a corporation first and then immediately elects S corporation status. In practice, Form 2553 handles both steps simultaneously — you do not need to file Form 8832 separately when using Form 2553 to elect S corporation status. ## Option 4: C Corporation Taxation The fourth option is for the LLC to be taxed as a **C corporation**. Under C corporation taxation, the LLC is treated as a completely separate taxpaying entity. It files its own federal corporate income tax return — **Form 1120 (U.S. Corporation Income Tax Return)** — and pays tax on its net income at the federal corporate rate, which is currently a flat **21%**. When the LLC distributes after-tax profits to its members as dividends, those dividends are taxed again on each member's personal return — typically at qualified dividend rates (0%, 15%, or 20% depending on the member's income). This is the famous "double taxation" of C corporations. The LLC pays tax on the income once, and the member pays tax on the dividend a second time. ### Why Would Any LLC Choose C Corporation Taxation? The double-taxation disadvantage sounds terrible — and for most small, closely held businesses, it is. But C corporation taxation is not without strategic advantages in certain situations: - **Venture capital and institutional investment.** Many venture capital funds are structured as pass-through entities (partnerships) whose investors are tax-exempt organizations or foreign persons. These investors generally cannot receive pass-through income from an S corporation without adverse tax consequences. A C corporation is often required to attract institutional venture funding. - **Retained earnings at a low corporate rate.** If the business intends to reinvest most of its profits rather than distribute them to owners, the 21% corporate rate may be lower than the owner's marginal individual rate, creating a tax deferral benefit. - **Qualified Small Business Stock (QSBS) exclusion.** Under IRC § 1202, shareholders who hold "qualified small business stock" in a C corporation for more than five years may exclude up to 100% of their gain on sale from federal income tax — a potentially enormous benefit for startup founders. LLCs taxed as partnerships or S corporations do not qualify for the QSBS exclusion. - **Employee fringe benefits.** Certain fringe benefits — such as employer-paid health insurance and group term life insurance — are deductible by a C corporation but not fully deductible by an S corporation for more-than-2% shareholders. - **Anticipated public offering or acquisition.** The corporate structure may simplify the legal and tax mechanics of a future IPO or sale to a public acquirer. ### When C Corporation Taxation Makes Sense - The LLC is seeking or expects to seek venture capital or institutional investment. - The founders intend to qualify for the QSBS exclusion under IRC § 1202. - The business will retain and reinvest the vast majority of its earnings rather than distributing them. - The LLC plans to go public or be acquired by a publicly traded company. For the typical small business — a service-based business, a local retail operation, a professional practice — C corporation taxation is rarely the right choice because of double taxation. But for high-growth startups with investor ambitions, it can be exactly right. How to Notify the IRS — IRS Form 8832 To elect C corporation taxation, the LLC files **IRS Form 8832, "Entity Classification Election."** This form is also known as the "check-the-box" election form because it was designed to allow entities to simply check a box to select their tax classification. **Effective date:** The Form 8832 election can be made effective as of the date it is filed, up to **75 days before** the date it is filed, or up to **12 months after** the date it is filed. This gives the LLC some flexibility to make the election retroactive or prospective. **60-month waiting period:** Once an LLC elects to change its tax classification, it generally must wait **60 months (five years)** before it can change its classification again, unless the IRS consents to an earlier change. ## Side-by-Side Comparison The table below summarizes the key differences among the four tax classifications. Feature Disregarded Entity Partnership S Corporation C Corporation Members required 1 only 2 or more 1–100 Any number Default or election? Default Default Election required Election required IRS form to elect None None Form 2553 Form 8832 Annual LLC return None (Schedule C) Form 1065 Form 1120-S Form 1120 Pass-through taxation Yes Yes Yes No Self-employment tax on profits Yes (active income) Yes (active members) Only on salary Only on salary Non-U.S. citizen members allowed Yes Yes No Yes Best for… Simple sole proprietors; rentals Multi-member businesses with modest profit Profitable businesses with active owner-employees Venture-backed startups; QSBS candidates ## A Word About Arizona State Taxes This article focuses on *federal* income tax. Arizona generally conforms to the federal tax classification of an LLC for Arizona income tax purposes. If your LLC is taxed as a disregarded entity or partnership at the federal level, it will be treated similarly for Arizona income tax. If your LLC elects S or C corporation status federally, Arizona will follow that classification. Arizona does impose a Transaction Privilege Tax (TPT) — often called a sales tax — on certain business activities. The LLC's federal tax classification does not affect its TPT obligations. Arizona also has its own corporate income tax rate for C corporations (currently 4.9%) that applies in addition to the federal corporate rate. State tax implications are an important part of any tax planning discussion. Be sure to address both federal and Arizona state taxes with your CPA or tax attorney. ## Frequently Asked Questions Does forming an Arizona LLC automatically change how I am taxed? No. Forming an LLC does not change your tax situation unless you take additional steps. The IRS applies its default classification rules based on the number of members. A single-member LLC is automatically a disregarded entity. A multi-member LLC is automatically a partnership. To be taxed differently, you must file an election with the IRS. When is the deadline to file IRS Form 2553 to elect S corporation status? For a calendar-year LLC, the Form 2553 must be filed by March 15 of the tax year for which the election is to be effective. For example, to have S corporation status for the 2025 tax year, the form must be filed by March 15, 2025. You can also file the form at any time during the prior tax year. The IRS offers late-election relief if you missed the deadline, but relief is not guaranteed and requires documentation of a reasonable cause. Can an LLC with a foreign national (non-U.S. citizen) member elect S corporation status? No. S corporations may only have shareholders who are U.S. citizens or lawful permanent residents. A non-resident alien cannot be a member of an LLC that elects S corporation taxation. If your LLC includes a foreign national member, your options are the partnership default, or C corporation taxation. At what income level does S corporation status start to make financial sense? There is no bright-line rule, but most CPAs suggest that S corporation status begins to generate meaningful self-employment tax savings when net profit exceeds approximately $50,000 above what would constitute a reasonable salary for the owner's role. Below that threshold, the cost of payroll administration, quarterly payroll tax filings, and the annual Form 1120-S preparation often outweighs the tax savings. Your CPA can run a break-even analysis for your specific situation. Can an LLC switch tax classifications after it has been operating? Yes, but there are restrictions. Once an LLC changes its tax classification by filing Form 8832, it generally must wait 60 months (five years) before it can elect to change its classification again, unless the IRS consents to an earlier change. Changes in classification can also trigger significant tax consequences, so always get tax advice before switching. Is a single-member LLC always taxed as a disregarded entity? No. A single-member LLC is taxed as a disregarded entity by default, but it can elect to be taxed as a corporation (C or S) by filing the appropriate IRS form. Many single-member LLCs with significant net profit elect S corporation status to reduce self-employment taxes. Do I need an attorney to make an LLC tax election? You do not legally need an attorney to file Form 2553 or Form 8832. However, the decision of which tax classification to choose — and the timing of that election — has significant and long-term financial consequences. It is strongly advisable to work with a CPA or tax attorney before making any tax election for your LLC. Getting it wrong is expensive; getting it right pays dividends for years. ## The Bottom Line The LLC is a uniquely flexible business structure, and its tax flexibility is one of its greatest advantages. The four tax options — disregarded entity, partnership, S corporation, and C corporation — each serve a different type of business owner at a different stage of business growth. Most small business owners benefit most from the S corporation election once their business reaches consistent profitability above a reasonable salary. The savings in self-employment taxes can fund a vacation, a retirement contribution, or a marketing campaign. But the right answer depends entirely on your specific facts: your income level, your number of members, the nature of your business, and your plans for the future. Do not leave this decision to chance or default. Make a deliberate, informed choice — and make it with professional guidance. ## Ready to Form Your Arizona LLC? Richard Keyt and his son Ricky Keyt have formed more than 10,000 Arizona LLCs. They can help you choose the right entity structure and tax classification for your business. [Contact KEYTLaw - 480-664-7478 ](https://www.keytlaw.com/contact/) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: How to Transfer Rental Property to an AZ LLC | KEYTLaw](https://www.keytlaw.com/arizona-llc-for-rental-property/) **Published:** June 19, 2026 **Author:** Richard Keyt **Content:** # FAQ: How to Transfer Rental Property to an LLC By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary After you transfer Arizona rental property into an LLC, the LLC becomes the landlord and inherits a set of legal duties that must be handled promptly. This FAQ guide from Arizona LLC attorneys Richard Keyt and former CPA Richard C. Keyt explains every post-transfer step: recording the deed, notifying existing tenants in writing (with a ready-to-use sample notice letter), transferring and separately holding security deposits, reissuing insurance in the LLC’s name, obtaining city rental licenses and an Arizona TPT license, keeping the LLC compliant, and preserving the liability protection that makes an LLC worth using. Includes a printable post-transfer checklist. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![llc-rentals](https://www.keytlaw.com/wp-content/uploads/2026/06/llc-rentals-1024x559.png "llc-rentals - KEYTLaw") Arizona LLC Rental Property Transfer FAQ | KEYTLaw KEYTLaw, LLC Arizona Estate Planning & LLC Attorneys | Richard Keyt & Richard C. Keyt [ 480-664-7478 keytlaw.com ](https://www.keytlaw.com/calendar) ## Arizona LLC Rental Property Transfer: What Your LLC Must Do After Acquiring Rented Real Estate By [Richard Keyt](https://www.keytlaw.com/richard-keyt) & [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) | KEYTLaw, LLC | Arizona LLC & Real Estate Attorneys | 480-664-7478 So you (or the prior owner) have transferred Arizona real estate that has one or more existing tenants into your Arizona LLC. Congratulations — that is a smart asset-protection move. But the transfer is only the beginning. Your LLC now has legal duties to those tenants, obligations to local and state government, and internal housekeeping tasks that must be completed promptly. This FAQ article walks through everything your LLC needs to know and do. ## Table of Contents 1. [Understanding the Transfer](#part1) 2. [Immediate Steps After the Transfer](#part2) 3. [Notifying Existing Tenants](#part3) 4. [Sample Tenant Notice Letter](#part4) 5. [Security Deposits](#part5) 6. [Insurance](#part6) 7. [Business Licenses and Tax Registrations](#part7) 8. [Ongoing LLC Compliance](#part8) 9. [Maintaining the Liability Protections of the LLC](#part9) 10. [Summary Checklist](#part10) ## Part 1: Understanding the Transfer QWhat does it mean to "assign" or "transfer" real property into an LLC?When an individual owner (the "assignor" or "transferor") deeds rental property to an Arizona LLC, the LLC becomes the new owner of record. The deed must be recorded with the county recorder in the county where the property is located. Once recorded, the LLC — not the individual — is the landlord for all purposes. The existing leases, tenant obligations, and security deposits follow the property to the new owner unless the leases say otherwise. QDoes the transfer automatically make the LLC the new landlord?Yes, under Arizona law and standard landlord-tenant principles, when title passes to the LLC, the LLC steps into the shoes of the prior landlord. The tenants' lease rights are not extinguished. The LLC acquires the property subject to existing leases. However, tenants must be formally notified of the change so they know where to pay rent, who to contact for repairs, and who holds their security deposit. QWhat law governs residential rental property in Arizona?The Arizona Residential Landlord and Tenant Act (A.R.S. Title 33, Chapter 10) governs most residential rental property. For non-residential (commercial) property, A.R.S. Title 33, Chapter 3 applies. These statutes impose duties on "landlords," and your LLC is now the landlord. ## Part 2: Immediate Steps After the Transfer QWhat is the first thing the LLC must do after acquiring the rented property?**Record the deed.** This is the single most important step. The deed transferring title to the LLC must be recorded with the county recorder where the property is located. Recording is what gives the public — and your tenants — constructive notice that the LLC now owns the property. Do not skip or delay this step. QWhat are the most critical tasks the LLC must complete immediately after the transfer?Here is a prioritized checklist of the most important immediate tasks: - Record the deed conveying title to the LLC with the county recorder - Notify all existing tenants in writing of the change of ownership, the LLC's name, address, and rent payment instructions - Transfer the tenants' security deposits to the LLC's bank account and update any written acknowledgment of deposit custody - Open a dedicated LLC bank account for rent collections if one does not already exist - Notify your property insurer to add or reissue the policy in the LLC's name - Provide the LLC's name and address to the County Assessor for property tax purposes - If the property is in a city or county that requires a rental license or residential rental registration, apply for or transfer that license into the LLC's name - Update your Arizona transaction privilege tax (TPT) registration if you collect rent subject to TPT QDoes Arizona require the LLC to notify the county assessor of the transfer?Yes. Arizona law (A.R.S. § 42-15104) requires that a change of ownership be reported to the county assessor within 60 days of the transfer date. Most counties accomplish this automatically when the deed is recorded, but you should confirm with your county assessor's office. Property taxes will continue to be billed and will need to be paid by the LLC once ownership transfers. QWhat about the Affidavit of Legal Value (Form 82162)?When you record a deed in Arizona, you generally must file an Affidavit of Legal Value (ADOT Form 82162) with the county recorder at the same time. There are exceptions — including transfers to a revocable trust or certain LLC transfers where no money changes hands — but your attorney or escrow officer will determine whether the affidavit is required for your specific transfer. ## Part 3: Notifying Existing Tenants QIs the LLC legally required to notify existing tenants of the change of ownership?Yes. A.R.S. § 33-1322 requires that the landlord (now the LLC) disclose in writing to each tenant: (1) the name and address of the person authorized to manage the premises; and (2) the name and address of the owner or agent authorized to receive notices and demands. This disclosure must be made at the commencement of a tenancy — but when ownership transfers mid-tenancy, the new landlord (the LLC) should provide updated notice promptly. Failure to make this disclosure does not invalidate the tenancy but can expose the LLC to liability for noncompliance. QWhat must the tenant notice letter include?The notice should include all of the following: - The full legal name of the LLC (e.g., "Keyt Properties, LLC, an Arizona limited liability company") - The LLC's mailing address for rent payments - The LLC's mailing address for legal notices (may be the same) - The name and contact information of the property manager, if different from the LLC - Effective date of the change of ownership - Instructions for where to send rent going forward - Confirmation that the tenant's security deposit has been transferred to the LLC's custody - Assurance that the existing lease remains in full force and effect QShould the LLC send the notice letter by certified mail?Yes. Always send the notice by both first-class mail **and** certified mail, return receipt requested. Keep a copy of the letter and retain the certified mail receipt and green card when it is returned. This creates a paper trail proving the tenant received the notice. If you also have the tenant's email address, send a copy by email as well and retain that email for your records. QCan the LLC email the notice to the tenant instead?You may email a copy, but email alone is not recommended. Arizona landlord-tenant statutes contemplate written notices delivered by mail or hand delivery. Email is appropriate as a supplement, not a substitute, unless your lease expressly provides that notices may be sent by email and specifies the tenant's email address. ## Part 4: Sample Tenant Notice Letter Below is a sample notice letter your LLC can customize and send to each existing tenant. Replace all bracketed placeholders `[ ]` with your actual information before sending. **Have your attorney review the letter before you send it.** ⚠️ Important Disclaimer Before Using This Letter - This sample letter is provided for informational purposes only. It does not constitute legal advice. - Every tenancy is different. Have your attorney review this letter before sending it to any tenant. - Arizona landlord-tenant law changes. Verify current requirements with a licensed Arizona attorney. - KEYTLaw attorneys Richard Keyt and Richard C. Keyt can assist you. Call **480-664-7478**. \[LLC NAME\], AN ARIZONA LIMITED LIABILITY COMPANY \[LLC MAILING ADDRESS\] \[CITY, AZ ZIP\][DATE] *Via First-Class Mail and Certified Mail, Return Receipt Requested*[TENANT FULL NAME] [TENANT ADDRESS — RENTAL UNIT] [CITY, AZ ZIP] Re: NOTICE OF CHANGE OF OWNERSHIP AND NEW RENT PAYMENT INSTRUCTIONS Property Address: \[FULL STREET ADDRESS OF RENTAL PROPERTY\] Unit No.: \[UNIT NUMBER, IF APPLICABLE\]Dear [TENANT FULL NAME]: We are writing to inform you that effective [EFFECTIVE DATE OF TRANSFER], the above-referenced rental property has been transferred to and is now owned by [LLC NAME], an Arizona limited liability company (the "LLC"). This letter serves as your formal notice of the change of ownership as required by Arizona law. YOUR LEASE REMAINS IN FULL FORCE AND EFFECTThe transfer of ownership does not affect your lease. Your existing lease agreement, dated [LEASE DATE], continues in full force and effect without modification. All terms and conditions of your lease remain unchanged. RENT PAYMENT INSTRUCTIONS — EFFECTIVE IMMEDIATELYEffective [EFFECTIVE DATE], please make all rent payments payable to: [LLC NAME] Mail or deliver your rent payments to the following address: [LLC NAME] [LLC RENT PAYMENT MAILING ADDRESS] [CITY, AZ ZIP] [OPTIONAL: If the LLC accepts electronic payment, add:] You may also pay your rent electronically via [PAYMENT PORTAL / VENMO / ZELLE / ACH INSTRUCTIONS]. Please contact us at [PHONE / EMAIL] to set up electronic payment. YOUR SECURITY DEPOSITYour security deposit in the amount of $[AMOUNT] has been transferred to and is now held by the LLC. The LLC assumes all obligations of the prior owner with respect to your security deposit under your lease and Arizona law. PROPERTY MANAGER[OPTION A — LLC manages directly:] The LLC will manage the property directly. For maintenance requests, repair notices, or other communications, please contact: [CONTACT NAME / LLC NAME] Phone: [PHONE NUMBER] Email: [EMAIL ADDRESS] [OPTION B — Third-party property manager:] The property is managed by [PROPERTY MANAGEMENT COMPANY NAME]. For maintenance requests, repair notices, or other communications, please contact: [PROPERTY MANAGER NAME] [PROPERTY MANAGER ADDRESS] Phone: [PHONE NUMBER] Email: [EMAIL ADDRESS] NOTICESAll notices required or permitted under your lease should be sent in writing to the LLC at: [LLC NAME] [LLC NOTICE ADDRESS] [CITY, AZ ZIP] Please retain this letter for your records. If you have any questions, do not hesitate to contact us at [PHONE NUMBER] or [EMAIL ADDRESS]. We look forward to a continued positive relationship with you as your landlord. Sincerely, ________________________________________ [SIGNATORY NAME], [TITLE] [LLC NAME], an Arizona limited liability company Phone: [PHONE NUMBER] Email: [EMAIL ADDRESS] ## Part 5: Security Deposits QWhat must the LLC do with the prior owner's security deposits?The prior owner must transfer the security deposits to the LLC at or before the closing of the transfer. Arizona law (A.R.S. § 33-1321) requires that the landlord hold the security deposit on behalf of the tenant and account for it at the end of the tenancy. The LLC must maintain the deposits in a separate account. Best practice: maintain a separate LLC bank account — or a designated sub-account — solely for security deposit funds. **Never comingle security deposits with operating funds.** QMust the LLC notify tenants that their deposits have been transferred?Yes. The sample letter above includes this notification. You should confirm the specific dollar amount of the deposit in your letter. This avoids future disputes about the amount held. If the prior owner improperly withheld or spent any portion of a deposit before the transfer, the LLC should address that issue with the prior owner before completing the transfer — because once the LLC accepts the property, it may be held responsible for returning the full deposit at the end of the tenancy. QWhat if the prior owner did not maintain the deposits separately?This is a common problem. Before you close the transfer into the LLC, require the prior owner to document and transfer all security deposits. If the prior owner cannot produce the full deposit funds, negotiate an escrow holdback or a credit against the purchase/transfer price equal to the deposit amounts. Do not let the LLC inherit a security deposit shortfall — that shortfall becomes the LLC's problem at move-out time. ## Part 6: Insurance QDoes the LLC need to update the property insurance?Yes — **this is urgent.** Once title transfers to the LLC, the prior owner's insurance policy may not cover losses because the LLC is now the owner, not the named insured. Contact your insurance agent immediately to reissue or endorse the policy with the LLC as the named insured. Until the insurance is updated, the LLC's property may be uninsured or inadequately covered. QWhat types of insurance should the LLC carry?At a minimum, the LLC should carry: - Property (hazard) insurance covering the building and improvements - Landlord liability insurance (general liability naming the LLC as insured) - Loss-of-rent / business interruption coverage - If applicable: flood insurance (especially in FEMA flood zones) and earthquake coverage Require your tenants to maintain renter's insurance as well — your LLC's policy does not cover tenants' personal property. ## Part 7: Business Licenses and Tax Registrations QDoes the LLC need a rental license or permit?Many Arizona cities require landlords to obtain a residential rental license or register their rental property. This requirement varies by city. Phoenix, Tempe, Scottsdale, Mesa, Chandler, Gilbert, Peoria, Glendale, and Tucson all have rental registration or licensing requirements. Because the LLC is now the landlord, the prior owner's license is no longer valid — you must apply for or transfer the license into the LLC's name. Check with the city or county where the property is located. QWhat is Arizona Transaction Privilege Tax (TPT) and does it apply to rental income?Arizona's Transaction Privilege Tax (TPT) — often called a "sales tax" — applies to residential rental income in most Arizona cities. The Arizona Department of Revenue (ADOR) and the applicable city levy a combined TPT rate on gross residential rental income. The prior owner should have been collecting and remitting TPT. When the LLC becomes the landlord, it must obtain its own Arizona TPT license through ADOR's [AZTaxes.gov](https://www.aztaxes.gov) portal and begin reporting and remitting TPT on rental income. Failure to register and remit TPT can result in penalties and interest. QDoes TPT apply to commercial rental property?Yes. Arizona also levies TPT on commercial rental income. The applicable tax rates and categories differ from residential. The LLC must register for commercial rental TPT if it is not already registered. ## Part 8: Ongoing LLC Compliance QWhat ongoing compliance obligations does the LLC have as a landlord?In addition to the one-time post-transfer tasks, the LLC has ongoing obligations including: - File the LLC's Arizona Annual Report with the Arizona Corporation Commission each year - Pay property taxes (or ensure the mortgage servicer pays them from escrow) - Report and remit TPT monthly or quarterly as required by ADOR - Maintain adequate insurance at all times - Keep a separate LLC bank account and do not commingle personal and LLC funds - Maintain a registered agent in Arizona (required by law for all Arizona LLCs) - Comply with all applicable landlord-tenant laws for lease renewals, notice periods, and security deposit accounting QShould the LLC have an Operating Agreement that addresses rental property?Yes. Your LLC's Operating Agreement should address how the LLC will manage the rental property, how income and expenses will be allocated among members, who has authority to sign leases on behalf of the LLC, and how decisions about the property will be made. If the LLC has multiple members, a well-drafted Operating Agreement is essential to avoid disputes. Richard Keyt and Richard C. Keyt at KEYTLaw can help you draft or update your LLC's Operating Agreement. QCan the LLC sign new leases with tenants?Absolutely. Once the transfer is complete, the LLC — acting through its authorized manager or member — is the party that signs all future leases, lease renewals, and amendments. The signature block on a lease should read, for example: "*\[LLC NAME\], an Arizona limited liability company, by: \[Authorized Signatory Name\], its \[Manager / Member\].*" Never sign a lease in your personal name if the property is owned by the LLC. ## Part 9: Maintaining the Liability Protections of the LLC QThe whole point of using an LLC is to protect me personally. What must I do to preserve that protection?An LLC's liability protection can be lost if a court "pierces the corporate veil" — meaning it disregards the LLC and holds the members personally liable. To reduce that risk: - Always act in the LLC's name, not your personal name, when dealing with tenants, contractors, and third parties - Sign all leases, contracts, and correspondence as an authorized agent of the LLC - Keep separate bank accounts for the LLC — never mix personal and LLC funds - Document major LLC decisions in writing (resolutions or Operating Agreement provisions) - Make sure the LLC is properly formed and its annual reports are current with the Arizona Corporation Commission - Never personally guarantee LLC obligations unless absolutely necessary QShould I have a separate LLC for each rental property?Many attorneys — including the attorneys at KEYTLaw — recommend holding each rental property in a separate LLC. The reason is straightforward: if a tenant or guest is injured at one property and obtains a judgment, only the assets of that single LLC are at risk. If all properties are in one LLC, a judgment creditor can potentially reach all of them. Whether separate LLCs make sense for you depends on the number of properties, their values, and the cost/benefit of maintaining multiple entities. ## Part 10: Summary Checklist Use this checklist to track your post-transfer tasks. Print it out and check each item off as you complete it. ✅ LLC Post-Transfer Checklist for Rental Property - Record the deed conveying title to the LLC with the county recorder - File Affidavit of Legal Value (Form 82162) if required - Report change of ownership to the county assessor within 60 days - Collect / confirm transfer of all security deposits from the prior owner - Open (or confirm) a dedicated LLC bank account for rental income - Deposit security deposits into a separate LLC account — never comingle - Update (or reissue) property insurance in the LLC's name — do this immediately - Register for (or transfer) city/county rental license in the LLC's name - Register for Arizona TPT license on AZTaxes.gov if not already registered - Send written Notice of Change of Ownership letter to each tenant - Send notice by certified mail, return receipt requested; retain all receipts - Update Operating Agreement if needed to address rental property management - Confirm LLC annual report is current with the Arizona Corporation Commission - Confirm registered agent information is current - Review existing leases for any provisions triggered by change of ownership - Engage property manager (if applicable) and execute management agreement in the LLC's name ## Need Help With Your Arizona LLC or Rental Property? Richard Keyt and Richard C. Keyt have formed more than 10,000 Arizona LLCs. They can help you form an LLC, transfer real estate into an LLC, draft an Operating Agreement, or advise on landlord-tenant compliance. [Schedule a Consultation](https://www.keytlaw.com/calendar) [📞 480-664-7478](tel:4806647478) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: Arizona LLC Meetings: Rules, Minutes & Requirements](https://www.keytlaw.com/arizona-llc-annual-meetings/) **Published:** June 19, 2026 **Author:** Richard Keyt **Content:** # FAQ: Arizona LLC Meetings: Rules, Minutes & Requirements By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary Arizona law does not require an LLC to hold annual meetings, special meetings, or any meetings at all — unlike Arizona corporations, which must hold annual shareholder meetings. This flexibility is a key advantage of the LLC form, but skipping meetings entirely can backfire: an LLC with no records, no minutes, and no documented decisions gives courts ammunition to pierce the veil and hold members personally liable for company debts. This FAQ guide answers the most common questions Arizona LLC owners ask about meetings, including whether your Operating Agreement can require meetings even when state law doesn’t (some generic templates do — and violating your own agreement is a veil-piercing risk), how often to meet, what to put in your meeting minutes, and how single-member LLCs can use written consents (“Action by Consent”) instead of formal meetings. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![llc-meetings](https://www.keytlaw.com/wp-content/uploads/2026/06/llc-meetings-1024x559.png "llc-meetings - KEYTLaw") Does an Arizona LLC Have to Hold Annual Meetings? | KEYTLaw Arizona LLC Law · Member Meetings & Governance ## Does an Arizona LLC Have to Hold Annual Meetings? By Richard Keyt, Arizona LLC Attorney | KEYTLaw, LLC | 10,000+ Arizona LLCs Formed Most Arizona LLC owners assume they have to hold annual meetings — like corporations do — or risk losing their liability protection. The truth is more nuanced and, frankly, more interesting. Arizona law doesn't require LLC meetings at all. But that doesn't mean you should skip them. Here are the answers to the questions I hear most often on this topic. The Legal Basics 1. Does Arizona law require an LLC to hold annual meetings? **No.** Arizona's LLC statutes do not require the members or managers of an Arizona LLC to hold annual meetings, special meetings, or any meetings at all. This is one of the key structural advantages of the LLC form over a corporation — you are not locked into rigid corporate governance formalities. Corporations are a different story. Arizona corporate law imposes annual shareholder meeting requirements. But the LLC Act gives members and managers enormous flexibility to structure their governance however they see fit — including choosing not to meet at all. 2. What is veil piercing and why does it matter to LLC meetings? Veil piercing is the legal process by which a court sets aside the liability protection of your LLC and holds the members personally liable for the company's debts or court judgments. It is the nightmare scenario that every LLC owner is trying to avoid. When a plaintiff asks a court to pierce the veil, the court does not just look at one factor. It considers the totality of how the LLC was operated. One important factor is whether the LLC operated like a legitimate business or more like a hobby, a personal account, or an afterthought. Legitimate businesses hold meetings. They document decisions. They maintain records. LLCs that never hold meetings, never create any documentation, and cannot show any paper trail of corporate governance give courts exactly the ammunition a plaintiff's attorney needs to argue that the LLC was not a real business entity — and that the liability protection should be disregarded. ⚠ Important Warning: Check Your Operating Agreement First While Arizona law imposes no meeting requirement, your **Operating Agreement might**. Some Operating Agreements — especially cheap generic templates — include language requiring annual meetings of the members or managers. If yours does, you are contractually bound to hold them. Scroll down to FAQ #4 to understand the consequences if you don't. When Meetings Are Required 3. Can my Operating Agreement require meetings even if Arizona law doesn't? **Yes — and this is a trap that catches a lot of LLC owners.** Some Operating Agreements, particularly generic templates, contain language requiring that the members or managers hold annual meetings. If your Operating Agreement includes that requirement, it is part of your binding contract with your co-members. You must comply with it. The lesson here: know what your Operating Agreement says. Pull it out and search for the word "meeting." If annual meetings are required, put them on the calendar and document that they happened. KEYTLaw's Operating Agreement does not require members or managers to hold any meetings. 4. What happens if my Operating Agreement requires meetings and we don't hold them? This is more dangerous than simply never having a meeting requirement at all. When your LLC's own Operating Agreement requires annual meetings and you ignore that requirement, you are violating your own governing document. Courts have specifically cited failure to follow an LLC's Operating Agreement as a factor in favor of piercing the veil. Think about it from a judge's perspective: if you don't take your own company's rules seriously enough to follow them, why should the court respect the company's liability shield? An LLC that has no meeting requirement and never meets is in a better position than an LLC whose Operating Agreement demands meetings and whose members never hold them. The latter signals negligence and disregard for the company's integrity. How Often and What Kind 5. How often should an Arizona LLC hold meetings? At minimum, once a year. An annual meeting gives the members and managers a structured opportunity to review the prior year, assess the company's financial health, ratify actions taken during the year, and plan for what's ahead. Beyond the annual meeting, your LLC should call a special meeting whenever a significant decision arises — entering a major contract, taking on debt, admitting a new member, transferring membership interests, buying or selling significant assets, or amending the Operating Agreement. Any time the company faces a decision with major consequences, that decision should be discussed, voted on, and documented. 6. What is a special meeting of LLC members? A special meeting is a meeting called at any time outside of the regular annual meeting cycle to address a specific matter requiring member or manager input and a vote. Common examples include: Approving a large expenditure or major contract · Admitting or removing a member · Authorizing the company to borrow money · Refinancing existing company debt · Authorizing the purchase or sale of significant assets · Amending the Operating Agreement · Authorizing litigation or settlement of a lawsuit Any time your LLC faces a decision with significant financial, legal, or operational consequences, call a special meeting. Document it. The five minutes it takes to write up a brief set of minutes is worth far more than the trouble it can save you later. How to Run and Document Meetings 7. Does an LLC meeting have to be formal? **No.** An LLC meeting can be a phone call, a Zoom video conference, or a sit-down at a kitchen table. The format is completely up to you. You do not need a boardroom, a gavel, or a parliamentary procedure rulebook. What matters is not formality — it is documentation. You can have the most formal meeting in history, but if you don't create a written record of what was decided, the meeting might as well have never happened from a legal standpoint. Conversely, even an informal conversation counts as a meeting if you document what was discussed and decided. 8. What are meeting minutes and why do I need them? Meeting minutes are the written record of what happened at a meeting — who attended, what was discussed, what was voted on, how each member voted, and what was approved or rejected. They are your proof that the meeting actually took place and that the LLC's decisions were made through a legitimate governance process. Without minutes, you have no evidence the meeting happened. And without evidence, a court has no reason to give your LLC the benefit of the doubt when its liability protection is being challenged. 9. What information should LLC meeting minutes include? Proper Arizona LLC meeting minutes should include all of the following: **1. Date, time, and location** (or method — phone, Zoom, in-person) **2. Who attended** — list every member or manager present **3. Matters discussed or proposed** — summarize what was brought before the group **4. Vote on each matter** — record who voted in favor, who voted against, and who abstained **5. Results** — note whether each matter was approved or rejected **6. Conditions or notes** — any significant discussion, conditions attached to the approval, or next steps Keep your minutes in your LLC's records book or a dedicated folder — physical or digital — along with your Operating Agreement, Articles of Organization, and other important company documents. 10. Can my LLC approve actions without actually holding a meeting? **Yes.** Most well-drafted Operating Agreements — including the ones my firm prepares — allow members and managers to approve actions through a written document without gathering for a formal meeting. This is called an **Action by Consent** or a Written Consent in Lieu of Meeting. All required parties sign the document, and it has the same legal effect as a unanimous vote at a meeting. For single-member LLCs, written consents are the most practical approach since there is no one else to meet with. For small multi-member LLCs where everyone is in regular communication, a written consent is often faster and more convenient than scheduling a meeting. The principle is the same either way: you need a written record. Whether you hold a meeting and prepare minutes, or you skip the meeting and use a written consent, the documentation is what gives the action legal legitimacy. Single-Member vs. Multi-Member LLCs 11. My LLC has only one member. Do I still need to hold meetings or document decisions? Technically no meeting is required for a single-member LLC since there is no one else to meet with. But you should absolutely document significant company decisions in writing throughout the year. At a minimum, prepare an annual written consent each year — a simple document acknowledging the company's activities, confirming any standing decisions, and noting what occurred during the year. Use written consents to document major actions as they happen: signing a significant contract, opening a new bank account, acquiring property, taking on debt. The purpose of this paper trail is to demonstrate — if your LLC is ever challenged in court — that you were running a legitimate business with real governance, not treating the company as a personal bank account or ignoring the fact that it exists as a separate legal entity. 12. My LLC has multiple unrelated members. Why are meetings especially important for us? Multi-member LLCs face the greatest practical risk from failing to hold meetings and keep members informed. Consider two scenarios. **No meeting:** The majority member — who is also the manager — decides to sign a large contract with a vendor. He signs it without telling the other members, who find out after the fact. They disagree with the decision. They feel blindsided. Resentment builds. Before long you have a company divorce, with members suing each other and legal fees consuming whatever profit the business was generating. **Meeting held:** Same LLC, same proposed contract. But this time the manager calls a meeting. All members review the contract, ask questions, raise concerns, and vote. The majority member's vote carries the decision. The other members may not be thrilled with the outcome — but they were part of the process. They were heard. People who feel heard are far less likely to become adversaries. Regular meetings create accountability, improve communication, and dramatically reduce the risk of member disputes. This is one of the most practical and cost-effective protections any multi-member LLC can provide itself. The Bottom Line Arizona law does not require LLC meetings. But any LLC that wants to protect its members from personal liability, make better decisions, and prevent member disputes should hold regular meetings and document every significant action. For single-member LLCs, annual written consents are the practical alternative. For multi-member LLCs, regular meetings are non-negotiable. The cost of doing this right is minimal. The cost of ignoring it could be everything. ## Questions About Your Arizona LLC? If you're not sure whether your Operating Agreement requires meetings, whether your LLC is at risk for veil piercing, or how to set up proper governance for your company, I'm happy to help. Schedule a free office, phone, or Zoom meeting — no obligation. [Book a Free Meeting →](https://www.keytlaw.com/calendar) Or call Richard Keyt directly: 480-664-7478 ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: How to Make Your AZ LLC Your Sole & Separate Property](https://www.keytlaw.com/arizona-llc-spousal-disclaimer/) **Published:** June 20, 2026 **Author:** Richard Keyt **Content:** # FAQ: How to Make Your AZ LLC Your Sole & Separate Property By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary In Arizona, a married person who forms an LLC without their spouse automatically gives that spouse a community property interest in the LLC membership under [A.R.S. § 25-211](https://www.azleg.gov/ars/25/00211.htm) — even if the spouse’s name appears nowhere in the LLC documents. The only way to prevent this is for the non-owner spouse to sign a written Disclaimer of Community Property Interest, converting the membership from community property to the sole and separate property of the member-spouse. This FAQ article explains why Arizona community property law creates this automatic co-ownership, what problems it causes if a Disclaimer is never signed, what a properly drafted Disclaimer must say, and answers eight frequently asked questions about spousal disclaimers in Arizona LLCs. A sample Disclaimer form is also included for educational reference. Arizona LLC attorneys Richard Keyt and Richard C. Keyt have formed 10,000+ Arizona LLCs and routinely prepare spousal disclaimers as part of every LLC formation when a married member wants to own the membership as separate property. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![spousal-disclaimer](https://www.keytlaw.com/wp-content/uploads/2026/06/spousal-disclaimer-1024x559.png "spousal-disclaimer - KEYTLaw") Why a Non-Owner Spouse Must Sign a Disclaimer When an Arizona LLC Is Formed | KEYTLaw # Why a Non-Owner Spouse Must Sign a Disclaimer When an Arizona LLC Is Formed If you are married and you form an Arizona limited liability company by yourself — meaning your spouse will not be a member or owner of the LLC — Arizona community property law gives your spouse an automatic ownership interest in your LLC membership unless your spouse signs a written Disclaimer. This article explains why that happens, what a Disclaimer is, and what one looks like. --- ## Arizona Is a Community Property State Arizona is one of only nine community property states in the United States. Under Arizona Revised Statutes § 25-211, all property acquired by either spouse during the marriage is presumed to be community property — property owned equally by both spouses — **unless** the property was acquired by gift, bequest, devise, or descent (inheritance). This presumption is broad and automatic. It applies the moment a married person acquires an asset during the marriage, regardless of whose name is on the title, whose paycheck paid for it, or which spouse actually made the purchase. When a married Arizona resident pays the Arizona Corporation Commission filing fee to form a new LLC, the money used is ordinarily community property because it was earned during the marriage. Under Arizona law, the LLC membership interest acquired with community property funds is therefore also presumed to be community property — owned equally by both spouses — even though only one spouse's name appears on the LLC documents. --- ## What Does This Mean for a New Arizona LLC? It means that a married Arizona resident automatically becomes a member of an LLC when his or her spouse acquires a membership interest in an LLC, unless the membership interest was acquired as a gift or from inheritance. The non-owner spouse holds an undivided one-half community property interest in the membership interest by operation of Arizona law. This can create significant problems, including: - The non-owner spouse may have the right to participate in management decisions or transfer their community property share of the LLC. - In a divorce, the LLC membership interest will be treated as a community asset subject to division by the court. - If the LLC later admits new members or the founding member wants to transfer their interest, the non-owner spouse's community property claim can complicate or block the transaction. - Creditors of the non-owner spouse may be able to reach their community property share of the LLC interest. - The Operating Agreement, the LLC's governing document, may not accurately reflect who the actual owners are. **Important:** The community property presumption arises automatically under Arizona law. No court order, no filing, and no action by anyone is required. The non-owner spouse does not have to do anything to acquire these rights — they arise the moment the married member-spouse acquires the LLC membership interest with community property funds. --- ## What Is a Disclaimer? A **Disclaimer** — sometimes called a Spousal Disclaimer, Community Property Disclaimer, or Disclaimer of Interest — is a written document signed by the non-owner spouse in which that spouse voluntarily and formally gives up any community property rights in the LLC membership interest. By signing a Disclaimer, the non-owner spouse acknowledges and agrees that: - The LLC membership interest is the separate property of the member-spouse alone. - The non-owner spouse has no ownership, management, or economic interest in the LLC. - The member-spouse may deal with, transfer, pledge, or otherwise manage the LLC interest without the consent or joinder of the non-owner spouse. A properly executed Disclaimer converts the LLC membership interest from community property to the separate property of the member-spouse. This is the same legal effect as if the membership interest had been received as a gift or inheritance — the two exceptions to the community property presumption under A.R.S. § 25-211. A Disclaimer does not need to be filed with the Arizona Secretary of State or any court. It is a private document kept with the LLC's records. It should, however, be signed before a notary public. Whenever KEYTLaw forms an LLC and a married Arizona member wants to own his or her interest as separate property, we prepare a Disclaimer for the non-owner spouse to sign and indicate in the Operating Agreement that the member owns the membership interest as separate property. **Note:** A Disclaimer is a voluntary relinquishment of legal rights. The non-owner spouse should be encouraged to read the document carefully and, if they have any questions, to consult with an independent attorney of their own choosing before signing. --- ## Frequently Asked Questions Does Arizona law automatically make my spouse a part-owner of my LLC? Yes, in most cases. Under A.R.S. § 25-211, all property acquired by a married Arizona resident during the marriage is presumed to be community property — owned equally by both spouses — unless it was received as a gift or inheritance. When you use community funds (such as money earned during the marriage) to pay for the formation of an LLC, the membership interest you receive is presumed to be community property. That gives your spouse an automatic one-half ownership interest, even though your spouse's name appears nowhere on the LLC documents. What happens if the non-owner spouse does not sign a Disclaimer? If no Disclaimer is signed, the non-owner spouse retains their community property interest in the LLC membership. This means the spouse may have rights to a share of the LLC's profits and distributions, may have a say in management decisions, and will have a community property claim to the membership interest if the marriage ends in divorce. The membership interest will also be treated as a community asset for estate planning purposes. These unintended consequences are why we strongly recommend obtaining a signed Disclaimer whenever a married person forms an Arizona LLC without their spouse as a member. Can the non-owner spouse refuse to sign the Disclaimer? Yes. A Disclaimer is voluntary. No one can force a spouse to sign away their community property rights. If your spouse declines, you have several options. You can both be listed as members of the LLC in the Operating Agreement with appropriate ownership percentages. You can negotiate a marital property agreement (sometimes called a post-nuptial agreement) that addresses ownership of business interests. Or you can consult with an Arizona family law attorney about other ways to address the community property issue. What you should not do is ignore the problem and assume your spouse has no rights in the LLC. Does the Disclaimer need to be notarized? Arizona law does not require the Disclaimer to be notarized for it to be legally effective. However, we strongly recommend having the non-owner spouse sign the Disclaimer before a notary public. Notarization provides strong evidence that the signature is genuine, that the signer was who they claimed to be, and that the document was signed voluntarily. Without notarization, it is easier for a party to later claim the signature was forged or signed under duress. Does the Disclaimer need to be filed with the Arizona Secretary of State? No. The Disclaimer is a private document between the spouses. It does not need to be recorded with the Arizona Secretary of State, filed with any court, or filed with any government agency. The original signed and notarized Disclaimer should be kept with the LLC's permanent records, along with the Operating Agreement and the Articles of Organization. What Arizona law governs the community property presumption? The primary statute is Arizona Revised Statutes § 25-211, which provides that all property acquired by either spouse during the marriage is presumed to be community property, except property acquired by gift, bequest, devise, or descent. Additional provisions governing community property and separate property are found in Title 25 of the Arizona Revised Statutes, including A.R.S. §§ 25-213 (separate property) and 25-214 (management of community property). Arizona courts have consistently applied this presumption to LLC membership interests and other business interests acquired during marriage. Can the spouses later change their minds after the Disclaimer is signed? Yes. Spouses can enter into a written marital property agreement — sometimes called a post-nuptial agreement or property settlement agreement — that changes the character of property from separate to community or from community to separate, with certain limitations under Arizona law. If the non-owner spouse later wants to become a member of the LLC, the Operating Agreement can be amended to admit them as a new member in accordance with the LLC's operating agreement and Arizona LLC law. The Disclaimer itself cannot simply be "unsigned," but its effect can be undone through a subsequent agreement or an amendment to the LLC's Operating Agreement. Does the Disclaimer affect the non-owner spouse's rights if the LLC is sold? Yes. If the non-owner spouse signs a Disclaimer, the LLC membership interest is the separate property of the member-spouse. Proceeds from the eventual sale of that membership interest are also the separate property of the member-spouse, not community property to be divided equally. This is one of the most important practical consequences of a signed Disclaimer, particularly if the LLC grows significantly in value over time. Conversely, if no Disclaimer is signed and the membership interest remains community property, the non-owner spouse would be entitled to half of the sale proceeds upon a sale or divorce. --- ## Sample Disclaimer of Community Property Interest in Arizona LLC The following is sample Disclaimer language. This is provided for educational purposes only. Every situation is different, and you should consult with a qualified Arizona attorney to prepare a Disclaimer tailored to your specific circumstances. ### Disclaimer of Community Property Interest in Arizona Limited Liability Company This Disclaimer of Community Property Interest ("**Disclaimer**") is made and entered into as of the \_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_, 20\_\_\_, by **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** ("**Disclaimant**"), the spouse of **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** ("**Member**"). **Recitals** A. Member has formed or is forming **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**, an Arizona limited liability company (the "**Company**"), and holds or will hold a membership interest in the Company (the "**Membership Interest**"). B. Member and Disclaimant are legally married to each other under the laws of the State of Arizona. C. Under A.R.S. § 25-211, property acquired by either spouse during marriage in Arizona is presumed to be the community property of both spouses, unless the property is acquired by gift, bequest, devise, or descent. D. Disclaimant desires to disclaim any and all community property rights, title, and interest in the Membership Interest so that the Membership Interest shall be and remain the sole and separate property of Member. **Agreement** NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Disclaimant agrees as follows: **1. Disclaimer of Interest.** Disclaimant hereby disclaims, waives, releases, and relinquishes any and all right, title, interest, and claim of any nature whatsoever — including any community property interest — in and to the Membership Interest and any and all profits, distributions, proceeds, and other benefits arising from or attributable to the Membership Interest. **2. Separate Property.** Disclaimant acknowledges and agrees that the Membership Interest is and shall remain the sole and separate property of Member, free and clear of any community property claim by Disclaimant. **3. No Management Rights.** Disclaimant acknowledges and agrees that Disclaimant has no right to participate in the management of the Company, to vote on any matter relating to the Company, or to receive any distribution from the Company by virtue of Member's ownership of the Membership Interest. **4. Member's Authority.** Disclaimant agrees that Member may, without the joinder, consent, or signature of Disclaimant, sell, assign, transfer, pledge, encumber, or otherwise dispose of the Membership Interest, in whole or in part, on such terms and conditions as Member deems appropriate in Member's sole discretion. **5. Voluntary Execution.** Disclaimant represents and warrants that Disclaimant has read this Disclaimer carefully, understands its terms and their legal consequences, has had the opportunity to consult with an independent attorney of Disclaimant's own choosing, and executes this Disclaimer freely, voluntarily, and without coercion, duress, or undue influence. **6. Governing Law.** This Disclaimer shall be governed by and construed in accordance with the laws of the State of Arizona. **7. Entire Agreement.** This Disclaimer constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and understandings relating thereto. IN WITNESS WHEREOF, Disclaimant has executed this Disclaimer as of the date first written above. Signature of Disclaimant: Printed Name: Date: **State of Arizona** **County of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** The foregoing instrument was acknowledged before me this \_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_, 20\_\_\_, by **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**, who is personally known to me or has produced satisfactory evidence of identification and who executed the foregoing Disclaimer as a free and voluntary act for the purposes stated therein. Notary Public Signature: Printed Name: My Commission Expires: **Disclaimer (Legal):** The sample Disclaimer text above is provided for general educational purposes only and does not constitute legal advice. It is not a substitute for consulting with a qualified Arizona attorney. The appropriate language for your Disclaimer will depend on your specific facts and circumstances. KEYTLaw, LLC does not represent you unless and until you engage the firm and sign a written fee agreement. ## Need Help Forming an Arizona LLC? Richard Keyt and Richard C. Keyt (Ricky) have formed more than 10,000 Arizona LLCs. We handle everything — including preparing the Disclaimer for the non-owner spouse — so your LLC is properly documented from day one. [Schedule a Free Consultation](https://www.keytlaw.com/calendar) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: LLC Owners: How to Legally Hire & Pay Your Child](https://www.keytlaw.com/hire-child-of-llc-member/) **Published:** June 20, 2026 **Author:** Richard Keyt **Content:** # FAQ: LLC Owners: How to Legally Hire & Pay Your Child By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary Arizona LLC owners can legally hire their minor or adult child — and unlock powerful tax advantages — but only when the work is real, the pay is reasonable, and the payroll documentation is done correctly. This article answers the most common questions LLC members have about hiring a child: what tasks qualify, how much to pay, the FICA tax exemption for children under 18 (and when it does not apply), how to fund a Roth IRA with the child’s wages, what records to keep, and when the strategy is the wrong move. Arizona LLC attorneys Richard Keyt and his son, former CPA Richard C. Keyt, have formed 10,000+ Arizona LLCs and explain the rules, the benefits, and the compliance requirements in plain English. ![hirie-kid](https://www.keytlaw.com/wp-content/uploads/2026/06/hire-kid-1024x559.png "hire-kid - KEYTLaw") Can My Arizona LLC Hire My Child? FAQs for LLC Members | KEYTLaw [KEYTLaw — Arizona LLC & Estate Planning Attorneys](https://www.keytlaw.com) Arizona LLC Law# Can My Arizona LLC Hire My Minor or Adult Child? Written by [Richard Keyt](https://www.keytlaw.com/richard-keyt), Arizona LLC Attorney & Founder of KEYTLaw • Arizona Licensed Since 1979 • 10,000+ LLCs Formed Hiring your child through your Arizona LLC is one of the most tax-efficient strategies available to a business owner — but only when it is done right. Done wrong, it triggers IRS audits, back taxes, and penalties. This article gives you the straight answers: what the rules are, what the benefits are, what the risks are, when to do it, and when to walk away. ## Short Answer Yes, your Arizona LLC can legally hire your minor or adult child — but the work must be real, the pay must be reasonable, and the payroll documentation must be done correctly. Get those three things right and you can legally shift income to a lower tax bracket, deduct the wages as a business expense, save on FICA taxes (if your child is under 18 and your LLC is not taxed as a corporation), and even fund your child's Roth IRA — all at the same time. ## The Basics Can my Arizona LLC legally hire my minor child to work for the business? Yes — with conditions. Your Arizona LLC can hire your minor child as long as: - The work is **real and actually performed** by the child. - The tasks are **age-appropriate** and within the child's actual ability. - The pay is **reasonable** — what you would pay an unrelated person for the same work. - The arrangement is **properly documented** with a job description, time sheets, and payroll records. A paper-only arrangement in which the child performs no real services — or a wildly inflated wage for tasks a child could not actually do — will be disallowed by the IRS and may subject you to back taxes, penalties, and interest. **The IRS's test:** Would you pay an unrelated third-party employee the same wage for the same work? If not, reconsider the arrangement. Can my LLC hire my adult child (18 or older) as an employee or contractor? Absolutely, and this is very common in family-run businesses. Once your child turns 18 there are no special rules — they may be an employee, an independent contractor, or even a manager or officer of the LLC. The same fair-market-compensation and genuine-work rules apply. Note that the FICA tax exemption available for children under 18 does *not* apply once the child reaches 18; full payroll taxes apply like any other worker. What kinds of work can a minor legitimately do for my LLC? The work must match the child's genuine ability and age. Examples that typically survive IRS scrutiny: - Filing, organizing, or shredding documents - Cleaning and maintaining the office - Stuffing envelopes, assembling mailers, preparing packages for shipping - Social media content creation, photography, video editing (teenagers are often genuinely skilled) - Data entry, spreadsheet work, basic bookkeeping assistance - Delivering materials or running errands - Creating artwork used in marketing - Answering phones, greeting clients, reception work (older teens) - Light janitorial or maintenance work **Red flag:** Paying a 7-year-old an hourly rate for "business consulting" or "brand ambassadorship" with no real deliverables invites an IRS audit and likely disallowance. ## The Tax Benefits — Why This Strategy Works What are the tax advantages of hiring my child through my LLC? When structured correctly, the strategy delivers several simultaneous benefits: 1. **Business deduction.** The LLC deducts wages as an ordinary business expense, reducing its taxable income dollar-for-dollar. 2. **Tax shifting.** The wages move from your higher marginal rate to your child's much lower rate — often zero, because the standard deduction ($14,600 in 2024 for a single filer) shelters that much earned income from federal income tax entirely. 3. **FICA savings.** For children under 18 employed by a sole-proprietor LLC or qualifying partnership, Social Security and Medicare taxes (totaling 15.3%) do not apply to the child's wages (see details below). 4. **Roth IRA eligibility.** Earned income from your LLC makes your child eligible to contribute to a Roth IRA — up to $7,000 in 2024, or the amount of their earnings if less. Decades of tax-free compounding can result from starting early. **Example:** You pay your 16-year-old $12,000 during the year to manage your LLC's Instagram and TikTok accounts and help with office tasks. The LLC deducts $12,000. Your child owes zero federal income tax (covered by the standard deduction). You save FICA taxes on the wages. Your child then contributes $7,000 of those earnings into a Roth IRA. That's a substantial real-dollar benefit for a genuine and well-documented work arrangement. What is the FICA exemption for children under 18, and does it apply to my LLC? Under **IRC § 3121(b)(3)**, wages paid by a parent to a child under age 18 are exempt from FICA (Social Security and Medicare taxes) when the business is: - A **sole proprietorship**, or - A **partnership** in which each partner is a parent of the child. A single-member LLC taxed as a sole proprietorship typically qualifies. However, **this exemption does NOT apply** if your LLC is taxed as an S corporation or C corporation. In that case, FICA applies to the child's wages exactly as it would for any unrelated employee. **Critical:** Before assuming you will save FICA taxes, confirm with your attorney and CPA how your LLC is classified for tax purposes. Many Arizona LLC owners have elected S-corporation status for other tax reasons — and in that case, the FICA exemption is gone. Can my child contribute the wages to a Roth IRA? Yes — and this is one of the most powerful long-term advantages of the strategy. A child with earned income may contribute the lesser of their earned income or the annual Roth IRA limit ($7,000 in 2024) to a Roth IRA. Contributions are made with after-tax dollars, grow tax-free, and qualified withdrawals in retirement are also tax-free. A Roth IRA opened for a 14-year-old has potentially 50+ years of tax-free compounding ahead of it. The parent opens and manages the account as custodian until the child reaches adulthood. Because your child's income may already be zeroed out by the standard deduction, the Roth IRA contribution costs them nothing in current taxes. ## How Much Should I Pay My Child? How do I determine the right amount to pay my child? The IRS standard is **reasonable compensation** — the amount you would pay a non-family member to perform the same services. Here are general guidelines: Type of Work Typical Hourly Range (2024) Filing, organizing, cleaning, light office work $14.35–$16/hr (near Arizona minimum wage) Data entry, phone answering, reception $15–$18/hr Social media management, content writing $18–$30/hr Photography, graphic design $20–$40/hr (depending on quality) Video production and editing $25–$50/hr Bookkeeping assistance (trained) $18–$25/hr Pay the rate that reflects the child's actual skill level. A teenager who genuinely manages your business's social media presence and produces quality content can legitimately earn more than one who only files papers. Document the basis for the rate you choose. **Overpaying is a red flag.** Paying your 12-year-old $75/hour for "consulting" is exactly the kind of arrangement the IRS targets. The excess over fair market value will be disallowed as a deduction and treated as a gift subject to gift tax rules. ## Pros and Cons at a Glance What are the pros and cons of hiring my child through my LLC? Pros ✔ Cons / Risks ✘ Income shifts to child's lower tax bracket IRS scrutiny — sham arrangements are disallowed LLC deducts wages as business expense Payroll compliance: EIN, 941s, W-2s, deposits FICA savings for children under 18 (qualifying LLCs) No FICA savings if LLC is taxed as S-corp or C-corp Child can fund a Roth IRA with earned wages Child's income may reduce college financial aid (FAFSA) Teaches work ethic and financial literacy Family tension if expectations aren't clearly set Can support family business succession planning Workers' comp coverage may be required in Arizona Child's standard deduction shelters first $14,600 of earnings Added bookkeeping and tax filing costs ## When You Should NOT Do This When should I NOT hire my child through my LLC? This strategy is powerful when done correctly — but it is the wrong move in these situations: - **The child will not actually work.** If you cannot document real tasks performed by the child, do not do this. The entire deduction will be disallowed and you face IRS penalties on top of the back taxes. - **The pay exceeds fair market value.** Inflated wages over what the work is actually worth will be partially disallowed and treated as a gift — eliminating the tax benefit you were seeking. - **Tax avoidance is the only reason.** The arrangement must have genuine business purpose. Courts and the IRS look for substance over form. - **College is approaching and financial aid matters.** A child's earned income is assessed at a higher rate (up to 50%) for FAFSA purposes than parental assets. Paying your 17-year-old significant wages in the years just before college could cost you far more in lost financial aid than you save in taxes. - **Your LLC is taxed as an S-corp or C-corp and you were counting on FICA savings.** Run the numbers with a CPA before proceeding. The cost of compliance may not justify the benefit. - **You cannot or will not maintain proper payroll records.** Informal cash payments without W-2s, 941 filings, and payroll records create significant tax and legal exposure. The IRS can — and does — assess penalties against employers who pay wages off the books. ## Compliance & Documentation Does my LLC need to set up a formal payroll system to pay my child? Yes. Once your LLC employs any person — family or not — you must: 1. Obtain an **Employer Identification Number (EIN)** if you do not already have one. 2. **Withhold federal income tax** from wages (and Arizona income tax where applicable). 3. Make **periodic tax deposits** as required by the IRS deposit schedule. 4. File **IRS Form 941** (quarterly payroll tax return). 5. File **IRS Form 940** (annual federal unemployment return — FUTA; note that the under-18 child labor exemption does not exempt from FUTA in all cases). 6. Issue a **W-2** to the child by January 31 of the following year. Many small business owners use payroll services such as **Gusto**, **ADP**, or **QuickBooks Payroll** to handle the mechanics efficiently and at low cost. **Do not pay informally.** Writing your child a check from the LLC operating account without payroll withholding is not compliant, even if the dollar amounts are small. What records should I keep? Maintain the same documentation you would for any employee: - A **written job description** specifying duties and hourly rate or salary - **Time sheets** or work logs recording hours worked and tasks performed - **Payroll records** showing gross pay, withholdings, and net pay each pay period - Copies of all **IRS and Arizona tax filings** (941, 940, W-2) - **Evidence of work product** where possible (photos, social media posts, spreadsheets, etc.) If the child is engaged as an independent contractor rather than an employee, issue a **Form 1099-NEC** for total payments over $600 per year. Keep all records for **at least seven years**. Are there Arizona child labor laws I need to follow? Yes. Arizona's child labor statutes (A.R.S. § 23-230 et seq.) restrict the hours, times, and types of work minors may perform. Children under 14 face the most significant restrictions; children 16 and 17 have considerably more flexibility. Many of Arizona's rules provide a parent-owned business exemption — but even with that exemption, keeping hours reasonable and avoiding hazardous conditions is always the right approach. Confirm the specific requirements with your attorney before putting a young child to work in the business. ## Getting Professional Help Should I consult an attorney or CPA before hiring my child through my LLC? Yes — and ideally both. The benefits of this strategy depend on: - How your LLC is classified for federal tax purposes (sole prop, partnership, S-corp, C-corp) - Your personal marginal income tax rate - The child's age and anticipated income from other sources - Whether the child is approaching college age and financial aid eligibility - Whether you can realistically maintain compliant payroll records A CPA can run the numbers and tell you whether the benefits justify the compliance costs in your specific situation. An attorney can ensure the employment arrangement is structured and documented correctly to withstand IRS scrutiny and comply with Arizona employment law. ### Questions About Your Arizona LLC? Richard Keyt has formed 10,000+ Arizona LLCs. Call or contact us today for a free consultation on LLC formation, structure, and strategy. [Contact KEYTLaw](https://www.keytlaw.com/contact) ### About the Author — Richard Keyt Richard Keyt is an Arizona LLC attorney and the founder of [KEYTLaw, LLC](https://www.keytlaw.com), based in Scottsdale, Arizona. Licensed in Arizona since 1979, Richard has formed over 10,000 Arizona LLCs and is one of the state's most experienced LLC attorneys. He practices alongside his son and law partner **Richard C. Keyt (Ricky)**, who is both an Arizona attorney and a licensed CPA — providing clients with integrated legal and tax guidance under one roof. Richard is also a former USAF F-4 Phantom pilot. [Full biography →](https://www.keytlaw.com/richard-keyt) | [Contact Richard →](https://www.keytlaw.com/contact) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: How to Add or Remove a Member of an Arizona LLC](https://www.keytlaw.com/add-remove-llc-member/) **Published:** June 20, 2026 **Author:** Richard Keyt **Content:** # FAQ: How to Add or Remove a Member of an Arizona LLC By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary Adding or removing a member from an Arizona LLC — or adjusting a member’s ownership percentage — requires strict compliance with Arizona law and careful written documentation. [Arizona Revised Statutes § 29-3202.B](https://www.azleg.gov/ars/29/03202.htm) requires most LLCs to file an amendment to their Articles of Organization with the Arizona Corporation Commission within 30 days of a member change. Every member change also requires an Assignment of Membership Interest Agreement, an Amendment to the Operating Agreement, and a Resolution of Members. Without these documents, members risk costly ownership disputes and litigation. This FAQ explains who must approve a new member, exactly which documents are required, when the 30-day filing rule applies, and KEYTLaw’s fixed fees for preparing all member-change documents. ![member-change](https://www.keytlaw.com/wp-content/uploads/2026/06/member-change-1024x559.png "member-change - KEYTLaw") Adding or Removing a Member of an Arizona LLC – FAQ | KEYTLaw # Adding or Removing a Member of an Arizona LLC: Frequently Asked Questions By **Richard Keyt**, Arizona LLC & Business Attorney | [KEYTLaw, LLC](https://www.keytlaw.com/attorneys-staff/richard-keyt/) When an Arizona LLC gains a new member, loses a member, or adjusts a member's ownership percentage, Arizona law imposes strict documentation and filing requirements. Failing to comply creates disputes that frequently end in expensive litigation. This FAQ explains everything you need to know — and what to do right now to protect your LLC. ## Why Proper Documentation Is Critical Your Arizona LLC is a legally existing entity whose members have rights enforceable in Arizona courts. Any time the LLC adds a new member, loses a member, or changes a member's ownership percentage, those changes must be documented in writing. Relying on oral statements is a recipe for future litigation. **⚠️ Real-World Risk:** A member who informally says "I quit" when the company is struggling may return months or years later — when the LLC is thriving — to reclaim ownership. If the only written evidence of membership is the Articles of Organization still listing that person as a member, a court may find it very difficult to rule against them. Do not let this happen to your LLC. Without proper written documentation, the members of your LLC may be unable to prove who owns the company, how much each member owns, and on what date ownership was acquired or transferred. These gaps trigger disputes that are far more expensive to litigate than to prevent. ## Arizona Law: The 30-Day Filing Rule Arizona Revised Statutes [Section 29-3202.B](https://www.keytlaw.com/azllclaw/ars-section-29-3202/) requires an LLC to file an amendment to its Articles of Organization with the Arizona Corporation Commission (ACC) **within thirty days** after either of the following events: - A **member-managed LLC** has any change in its members. - A **manager-managed LLC** has a change in managers, or a change in members who own twenty percent or more of the profits or capital of the company. Note: If your LLC is manager-managed and the member being added or removed owns less than twenty percent of the company's profits or capital, no Articles of Organization amendment is required solely because of that member change — but the other required documents (Assignment, Operating Agreement amendment, and Resolution) still apply. ## Who Must Approve Admitting a New Member? Arizona LLC Act [Section 29-3401.C](https://www.keytlaw.com/azllclaw/ars-section-29-3401/) provides that after an LLC is formed, a new member may be admitted only as provided in the Operating Agreement, or — if the Operating Agreement is silent on the issue — by the **affirmative vote or consent of all existing members**. This means that unless your Operating Agreement lowers the approval threshold, every single current member must consent before a new member may join the LLC. Always document each member's approval or disapproval in writing, even when the vote is unanimous. ## Four Documents Required for a Member Change Whenever an Arizona LLC adds or removes a member — or any member's ownership percentage changes — the parties should execute all four of the following documents: - 1 **Assignment of Membership Interest Agreement**This is the equivalent of a real estate deed for LLC ownership. The transferring party (seller or assignor) signs it to formally transfer the membership interest to the receiving party (buyer or assignee) as of a stated effective date. Just as you would never buy a home without receiving a recorded deed, you should never acquire or transfer an LLC membership interest without a signed Assignment of Membership Interest Agreement. This is the document that actually proves who owns what — and when the transfer occurred. - 2 **Amendment to the Articles of Organization**When required by Arizona law (see the 30-day rule above), the LLC must file this amendment with the ACC within thirty days of the change. For more, read [When an LLC Must Amend Its Articles of Organization](https://www.keytlaw.com/azllclaw/operating-llcs/amendaoo/). - 3 **Amendment to the Operating Agreement**The Operating Agreement is the primary document that evidences ownership of the LLC and the rights and obligations of its members. All members — including every new member — must sign an updated Operating Agreement reflecting the change. The amendment should: remove departing members' names; add new members' names and notice addresses; revise the ownership percentage for every member; note any change in managers; and address any other terms negotiated as part of the transaction. - 4 **Resolution of Members**All members (or the percentage required under the Operating Agreement) should sign a written resolution approving the membership change and, where applicable, the admission of a new member. If any member will not approve the transfer, the LLC should hold a formally noticed meeting to vote on the proposed change and document the outcome. ## Selling an LLC Interest for Significant Consideration When the transfer of a membership interest involves a significant purchase price — not merely a nominal or gift transfer — the parties should also consider these additional documents: - **Membership Interest Purchase Agreement** — a binding contract stating the purchase price, payment terms, closing date, and all other conditions of the sale. - **Promissory Note** — if the full purchase price will not be paid at closing. - **Security Agreement and UCC-1 Financing Statement** — if the Promissory Note is secured by a lien on the purchaser's personal property. - **Deed of Trust** — if the Promissory Note is secured by real property. - **Noncompetition Agreement** — signed by the seller, preventing the seller from competing with the LLC's business after the transfer. If your transaction involves more than nominal consideration, call Richard Keyt at **480-664-7478** to discuss the cost of preparing these additional documents. ## Attorney Fees for Member Change Documents Service Fixed Fee Standard member change package (Assignment, Articles Amendment, Resolution, and related documents) — one transferring party, one receiving party **$450** New or amended single-member Operating Agreement (add-on to member change package) **$247** New or amended multi-member Operating Agreement (add-on to member change package) **$697** Each additional Assignment of Membership Interest Agreement (when transaction involves more than one recipient or transferring member) **$195** *Note: A married couple who own their LLC interest as Arizona community property counts as one member for purposes of these fees. Transactions involving significant consideration may require additional documents — call for pricing.* ## Frequently Asked Questions Why must my Arizona LLC document a member change in writing? + An Arizona LLC is a legally recognized entity whose members have enforceable rights in Arizona courts. Without written documentation proving who the owners are, their ownership percentages, and when those interests were acquired or transferred, disputes can arise that are nearly impossible to resolve without litigation. For example, a member who orally says "I quit" when the LLC is in financial trouble may return years later — when the company is profitable — and claim continued ownership. If the only written record is the Articles of Organization that still lists that person as a member, a court may struggle to rule against them. Written documentation eliminates this risk entirely. When must a member-managed LLC amend its Articles of Organization? + A member-managed LLC must file an amendment to its Articles of Organization with the Arizona Corporation Commission within **thirty days** after any change in its members — whether a member is added, removed, or there is any other change in the membership. There is no minimum ownership threshold for member-managed LLCs. Any change in members triggers the filing requirement under A.R.S. § 29-3202.B. When must a manager-managed LLC amend its Articles of Organization? + A manager-managed LLC must amend its Articles of Organization within thirty days when: - Any manager is added or removed; or - A member is added or removed who owns, or will own, **twenty percent or more** of the profits or capital of the company. If a member in a manager-managed LLC owns less than twenty percent of the company's profits or capital, the LLC is not required to amend its Articles solely because of that member change. The other documents — Assignment, Operating Agreement amendment, and Resolution of Members — are still required. Do all members have to approve adding a new member to an Arizona LLC? + Under Arizona LLC Act Section 29-3401.C, if the Operating Agreement does not specify a lower approval threshold, a new member may only be admitted with the **affirmative vote or consent of all existing members**. This unanimous consent rule is the default under Arizona law. If your Operating Agreement authorizes new member approval by less than all members — for example, a majority vote — then that lower threshold governs. In either case, always document approvals and disapprovals in writing to prevent future disputes about whether consent was actually given. What is an Assignment of Membership Interest Agreement? + An Assignment of Membership Interest Agreement is the legal document that transfers LLC ownership from one party to another. It is the LLC equivalent of a real estate deed — just as you would never buy a home without a deed, you should never acquire or transfer an LLC membership interest without this document. The Assignment identifies: - The transferring party (seller or assignor); - The receiving party (buyer or assignee); - The exact percentage interest being transferred; and - The effective date of the transfer. Without an Assignment, the parties will have great difficulty proving that any transfer occurred at all, or proving when it occurred. What should the Amendment to the Operating Agreement include after a member change? + The Amendment to the Operating Agreement should address every change produced by the membership transfer, including: - Removing the names of all departing members; - Adding the full legal names of all new members; - Adding the notice addresses for new members; - Updating the ownership percentage for each member after the change; - Reflecting any change in managers; and - Covering any other terms and conditions negotiated as part of the transfer. All members — including new members — should sign the amended Operating Agreement. The Operating Agreement is the primary document that evidences ownership of the LLC and the rights and obligations of the members, so keeping it current and fully signed is essential. What is a Membership Interest Purchase Agreement and when is it needed? + A Membership Interest Purchase Agreement is a binding contract that sets out the terms and conditions of a sale of LLC membership interests — including the purchase price, payment schedule, closing date, and any other terms the parties negotiate. It is especially important when the transfer involves a **substantial sum of money**. For transfers involving no consideration or only nominal consideration — such as adding a spouse, transferring to a revocable trust, or gifting a small interest to a child — an Assignment of Membership Interest Agreement alone is generally sufficient. For significant cash transactions, the Membership Interest Purchase Agreement creates a legally binding obligation and documents the deal's economics in detail. What are the risks of not properly documenting a member change? + Failing to properly document membership changes creates several serious risks: - A former member can claim continued ownership after an informal departure. - Members may dispute what percentage each person owns after a transfer. - The effective date of a transfer may be impossible to prove without signed documents. - The ACC's records may continue to show a former member as current, creating confusion with banks, lenders, title companies, and courts. All of these disputes frequently result in litigation that costs far more than having an attorney prepare the correct documents when the change occurs. The best time to document a member change is the moment it happens — not months or years later when memories fade and relationships sour. How much does it cost to have KEYTLaw document a member change? + Richard Keyt charges the following fixed fees: - **$450** for the standard member change package (Assignment of Membership Interest Agreement, Amendment to the Articles of Organization, Resolution of Members, and related documents) — for one transferring party and one receiving party. - **$247** additional if you also need a new or amended **single-member** Operating Agreement. - **$697** additional if you also need a new or amended **multi-member** Operating Agreement. - **$195** for each additional Assignment of Membership Interest Agreement when the transaction involves more than one recipient or transferring member (a married couple who own their interest as Arizona community property counts as one member). For transactions involving significant consideration that require additional documents such as a Promissory Note, Security Agreement, or Noncompetition Agreement, call Richard Keyt at **480-664-7478** for a quote. Richard Keyt and Richard C. Keyt do **not charge** for initial questions about documenting a member change. How do I hire KEYTLaw to prepare my LLC's member change documents? + Complete and submit KEYTLaw's online [Member Change Questionnaire](https://azllc.com/changeq/). Richard Keyt and his son and law partner Richard C. Keyt will prepare all of the documents required to evidence adding or removing a member, or increasing or decreasing a member's ownership percentage. You may also reach them directly: - **Richard Keyt** — 480-664-7478 - **Richard C. Keyt** — 480-664-7472 Neither attorney charges for initial questions about member changes. Do not delay — document the change while the facts are fresh and all parties are cooperative. ## Ready to Document Your LLC Member Change? KEYTLaw has formed 10,000+ Arizona LLCs and has guided hundreds of LLC owners through member changes. Let us prepare every document you need — quickly, correctly, and at a fixed price. [Start Member Change Questionnaire](https://azllc.com/changeq/) [Book a Free Meeting](https://www.keytlaw.com/calendar) **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: Can a Child Under 18 Own an Interest in an Arizona LLC?](https://www.keytlaw.com/can-minor-own-llc-arizona/) **Published:** June 21, 2026 **Author:** Richard Keyt **Content:** # FAQ: Can a Child Under 18 Own an Interest in an Arizona LLC? By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary Arizona law sets no minimum age for LLC membership, so a child under 18 can technically hold a membership interest in an Arizona LLC — but direct ownership is legally dangerous. Under [A.R.S. § 44-131](https://www.azleg.gov/ars/44/00131.htm), minors lack full contractual capacity and may disaffirm any contract, including an LLC operating agreement, at any time before turning 18 or within a reasonable time afterward. That right to disaffirm can unwind the entire ownership arrangement. Banks, title companies, and third parties routinely refuse to deal with a minor member, and a minor cannot sign documents or manage the LLC. The four practical solutions — ranked from most to least recommended — are: (1) a revocable living trust, where a trustee holds the membership interest for the minor’s benefit until an age you choose; (2) an Arizona Uniform Transfers to Minors Act (UTMA) custodianship under [A.R.S. §§ 14-7651](https://www.azleg.gov/ars/14/07651.htm) through [14-7671](https://www.azleg.gov/ars/14/07671.htm), which requires no court involvement and ends when the minor turns 21; (3) an irrevocable trust such as a [Section 2503(c)](https://www.law.cornell.edu/uscode/text/26/2503) minor’s trust, which offers greater asset protection and distribution flexibility; and (4) a court-appointed conservator under [A.R.S. § 14-5401](https://www.azleg.gov/ars/14/05401.htm), which is expensive, court-supervised, and a last resort. Regardless of which vehicle is used, the LLC’s operating agreement must be reviewed and likely amended before the transfer is made. Transfers of LLC membership interests to minors also carry gift tax and income tax consequences — including potential application of the “kiddie tax” — that require attention from a tax advisor. Arizona LLC attorneys Richard Keyt and Richard C. Keyt of KEYTLaw in Scottsdale have formed 10,000+ Arizona LLCs and can help you structure LLC ownership for a child or grandchild correctly from the start. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![minor-owning-llc](https://www.keytlaw.com/wp-content/uploads/2026/06/minor-owning-llc-1024x572.png "minor-owning-llc - KEYTLaw") Can a Minor Own an Arizona LLC Membership Interest? | KEYTLaw # Can a Minor Own an Arizona LLC Membership Interest? The short answer is yes—Arizona law does not set a minimum age for LLC membership. But legal ownership and practical ownership are two very different things. Read on to learn why direct ownership by a child under 18 creates serious legal risks, and what you should do instead. Parents and grandparents sometimes want to give a child a piece of a family LLC—perhaps a rental property LLC, a family business entity, or a new business venture. The intention is generous and forward-thinking. The problem is that the law of contracts creates a trap that can unravel the entire arrangement. This article explains exactly what the trap is and gives you four practical ways around it. ## The Legal Framework: No Age Requirement in the Arizona LLC Act The Arizona Limited Liability Company Act (A.R.S. Title 29, Chapter 7) does not establish any minimum age to own a membership interest in an LLC. There is no statute that says “you must be 18 to be a member.” So from a purely technical standpoint, a child can be listed as a member on an operating agreement and on the LLC’s records. That’s where the good news ends. ## The Core Problem: Minors Cannot Enter Binding Contracts Under Arizona law, persons under the age of 18 lack full legal capacity to enter into binding contracts. A.R.S. § 44-131 establishes that minors may disaffirm—that is, void—their contracts. This single fact creates a cascade of practical problems for any LLC that includes a minor member: **The minor can disaffirm the operating agreement.** An LLC operating agreement is a contract. A minor who signs one, or whose parent signs on their behalf, may disaffirm it at any time before turning 18 or within a reasonable time after turning 18. This can unwind the membership arrangement entirely. **The minor cannot sign contracts on behalf of the LLC.** If the LLC ever needs the minor member to execute documents—a deed, a loan agreement, a lease, or any other instrument requiring member consent—no third party is legally required to treat that signature as binding. **Banks and title companies will refuse to deal with the minor.** Financial institutions and title companies encounter this issue regularly. They will almost universally decline to open accounts, process loans, or handle real estate transactions involving a minor member without a court-appointed conservator or another protective arrangement. **The minor cannot manage the LLC.** Even in a member-managed LLC, a minor lacks the legal capacity to act as an agent and bind the company to contracts with third parties. **Important:** Do not let the absence of an age requirement in the LLC Act lull you into thinking direct minor ownership is safe. The contractual incapacity problem is real and can surface at the worst possible time—such as when you are trying to sell or refinance a property the LLC owns. ## Four Ways to Properly Vest LLC Ownership for a Minor The solution is to interpose a legal vehicle between the minor and the LLC membership interest. An adult or institution holds and manages the interest for the minor’s benefit until the child reaches adulthood. Here are the four main options, ranked from most commonly recommended to least: ### Option 1: Revocable Living Trust Most Flexible A parent or grandparent’s revocable living trust holds the LLC membership interest, with the minor named as a beneficiary who will receive the interest at a specific age (which you choose—it does not have to be 18). The trustee manages the membership interest during the minor’s childhood. This is usually the cleanest and most flexible solution because: The trust can specify exactly when and how the minor receives the membership interest (age 25, age 30, or in stages). The trustee has full legal capacity to vote the membership interest, sign documents, and deal with third parties. The arrangement integrates seamlessly with the family’s overall estate plan. If the minor dies before receiving the interest, the trust can redirect it to other beneficiaries. A revocable living trust is the vehicle KEYTLaw most commonly recommends for families who want to pass LLC ownership to the next generation. ### Option 2: Arizona Uniform Transfers to Minors Act (UTMA) Custodianship Simple & Inexpensive Under the Arizona Uniform Transfers to Minors Act (A.R.S. §§ 14-7651 through 14-7671), an adult custodian holds the LLC membership interest for the minor’s benefit. No court involvement is required. The custodianship terminates when the minor turns 21 (unless the transfer instrument specifies a younger age, but not younger than 18). To transfer an LLC membership interest under the Arizona UTMA, the membership interest would be transferred to the custodian with a designation reading substantially as follows: > “\[Name of Custodian\], as custodian for \[Name of Minor\] under the Arizona Uniform Transfers to Minors Act” The custodian has broad powers to manage, invest, and use the custodial property for the minor’s benefit. The downside is that the minor automatically receives the interest at age 21 with no ability to defer—unlike a trust, which lets you control the distribution age. ### Arizona UTMA Statute: A.R.S. §§ 14-7651 through 14-7671 The Arizona Uniform Transfers to Minors Act is codified at Arizona Revised Statutes Title 14, Chapter 7, Article 7. The key sections are: - **A.R.S. § 14-7651** – Definitions (including “minor” = person under age 21 for UTMA purposes; “custodian”; “custodial property”) - **A.R.S. § 14-7652** – Scope and jurisdiction (applies when transferor, minor, or custodian is an Arizona resident, or property is in Arizona) - **A.R.S. § 14-7653** – Nomination of custodian - **A.R.S. § 14-7654** – Transfer by gift or exercise of power of appointment - **A.R.S. § 14-7655** – Transfer authorized by will or trust - **A.R.S. § 14-7656** – Other transfer by fiduciary - **A.R.S. § 14-7657** – Transfer by obligor - **A.R.S. § 14-7658** – Receipt for custodial property - **A.R.S. § 14-7659** – Manner of creating custodial property and effecting transfer; designation of initial custodian; control (includes the required transfer form language) - **A.R.S. § 14-7660** – Single custodianship - **A.R.S. § 14-7661** – Validity and effect of transfer - **A.R.S. § 14-7662** – Care of custodial property; duties of custodian - **A.R.S. § 14-7663** – Powers of custodian - **A.R.S. § 14-7664** – Use of custodial property - **A.R.S. § 14-7665** – Custodian’s expenses, compensation and bond - **A.R.S. § 14-7666** – Exemption of third person from liability - **A.R.S. § 14-7667** – Liability to third persons - **A.R.S. § 14-7668** – Renunciation, resignation, death or removal of custodian; designation of successor - **A.R.S. § 14-7669** – Accounting by and determination of liability of custodian - **A.R.S. § 14-7670** – Termination of custodianship - **A.R.S. § 14-7671** – Applicability (validates transfers previously made under the Arizona Uniform Gifts to Minors Act) [ → Read the full text of Arizona Title 14 at the Arizona Legislature’s official website ](https://www.azleg.gov/arsDetail/?title=14) [ → A.R.S. § 14-7651 Definitions (azleg.gov) ](https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/14/07651.htm) [ → A.R.S. § 14-7659 Manner of Creating Custodial Property & Transfer Form (azleg.gov) ](https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/14/07659.htm) [ → A.R.S. § 14-7670 Termination of Custodianship (azleg.gov) ](https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/14/07670.htm) **Important UTMA note for LLC interests:** Unlike a bank account, an LLC membership interest is not a standard financial asset. The operating agreement must permit transfers to a custodian, and all other members (if any) must agree. Be sure the LLC’s operating agreement is reviewed before relying on a UTMA custodianship for an LLC membership interest. ### Option 3: Irrevocable Trust for the Minor An irrevocable trust—such as a Section 2503(c) minor’s trust or a discretionary irrevocable trust—holds the LLC membership interest for the minor’s benefit. The trustee manages the interest under the terms of the trust. Advantages over a UTMA custodianship include the ability to extend the distribution age beyond 21, more sophisticated asset protection for the trust assets, potential gift tax advantages when properly structured, and full trustee control over distributions. An irrevocable trust requires an attorney to draft it and involves more setup cost than a UTMA arrangement, but for significant LLC interests it is often worth the investment. ### Option 4: Court-Appointed Conservator Last Resort Under A.R.S. § 14-5401 et seq., a court can appoint a conservator to hold and manage property on behalf of a minor. The conservator has legal authority to act on the minor’s behalf with respect to the LLC membership interest. This option is expensive, time-consuming, and requires ongoing court supervision and annual accountings. It should be used only when the minor has already received an LLC membership interest (or other property) without a proper protective arrangement in place and no other option exists. In virtually every planned situation, one of the first three options above is far preferable. ## Comparison at a Glance Method Court Involvement Custodian/Manager Minor Receives Interest At Best For Revocable Living Trust None Trustee (parent or professional) Age you specify in the trust Most families; integrates with estate plan UTMA Custodianship None Custodian (parent, relative, or trust company) Age 21 (or 18 if specified) Simple, smaller transfers; quick setup Irrevocable Trust None Trustee Age specified in trust (can exceed 21) Significant assets; gift tax planning; asset protection Court Conservatorship Required Court-appointed conservator Age 18 Last resort when no plan was in place ## What About the LLC’s Operating Agreement? Regardless of which protective vehicle you choose, the LLC’s operating agreement must be reviewed and likely amended before adding a minor’s custodian, trustee, or conservator as a member. Most operating agreements contain transfer restrictions that require the consent of existing members before any membership interest can be transferred. The operating agreement should also expressly address how the membership interest will be voted and managed when held by a fiduciary on behalf of a minor. Failing to update the operating agreement can create disputes among members and potentially invalidate the transfer. This is one of the key reasons to involve an experienced Arizona LLC attorney before implementing any of these strategies. ## Tax Considerations Transferring an LLC membership interest to a minor—directly or through a protective vehicle—has gift tax and income tax consequences that deserve careful attention: **Gift tax.** A transfer of an LLC membership interest to a minor (or to a trust or custodian for the minor’s benefit) is generally a taxable gift. The annual gift tax exclusion ($18,000 per donor per recipient in 2024) may cover small transfers, but larger ones will require a gift tax return and may use lifetime exemption. UTMA custodianships and Section 2503(c) trusts have special rules that qualify transfers for the annual exclusion even though the minor cannot access the property immediately. **Income tax.** LLC income allocable to the minor’s membership interest will flow through to the minor’s tax return (or, in the case of a trust, to the trust). If the minor has significant unearned income, the “kiddie tax” rules may cause that income to be taxed at the parents’ rate until the child reaches a specified age. Consult a tax advisor before structuring a transfer. ## Need Help Structuring LLC Ownership for a Minor? KEYTLaw attorney Richard Keyt has formed over 10,000 Arizona LLCs and completed 1,000+ estate plans. He can advise you on the right vehicle to hold an LLC membership interest for your child or grandchild—and make sure the operating agreement, trust, or custodian arrangement is properly documented. [Schedule a Consultation](https://www.keytlaw.com/calendar) ## Frequently Asked Questions Is there a minimum age to be an Arizona LLC member? + No. The Arizona Limited Liability Company Act (A.R.S. Title 29, Chapter 7) does not set a minimum age for LLC membership. A person of any age can technically hold a membership interest. However, persons under 18 lack full legal capacity to enter into binding contracts, which creates significant practical problems for direct ownership by a minor. What does it mean for a minor to “disaffirm” a contract? + Under A.R.S. § 44-131 and related Arizona common law, a minor has the right to void (disaffirm) a contract they entered into while under age 18. Disaffirmance can occur at any time before the minor turns 18, or within a reasonable period after turning 18. An LLC operating agreement is a contract, so a minor member could potentially disaffirm it, unraveling their membership. This is the core reason direct ownership by a minor is risky. What is a UTMA custodian and what can they do? + A UTMA custodian is an adult (or trust company) who holds and manages custodial property for a minor under the Arizona Uniform Transfers to Minors Act. Under A.R.S. § 14-7663, the custodian has broad powers over the custodial property, including the power to collect, hold, manage, invest and reinvest it with the care of a prudent investor. For an LLC membership interest, this means the custodian can vote the interest, receive distributions, and act as a member on the minor’s behalf. The custodian must use or apply custodial property for the minor’s benefit under A.R.S. § 14-7664 and must distribute all custodial property to the minor when the custodianship ends. When does an Arizona UTMA custodianship end? + Under A.R.S. § 14-7670, a UTMA custodianship terminates when the minor turns 21, unless the transfer instrument specifies an earlier age (but not younger than 18). This is one important difference from a trust—a trust can hold assets for the minor well beyond age 21, while a UTMA custodianship cannot. Once the custodianship ends, the custodian must transfer the property to the now-adult former minor outright. Can a parent simply be listed as the member of record and then give the interest to their child? + This informal arrangement creates its own problems. If the parent is the legal member but intends the child to be the beneficial owner, there may be gift tax issues, creditor exposure, and questions about who truly owns the interest. More importantly, there is nothing legally documenting the child’s ownership, so the child has no enforceable rights. A properly documented UTMA custodianship or trust is far superior to an undocumented informal arrangement. Does Arizona’s UTMA cover LLC membership interests? + Yes. The Arizona UTMA defines “custodial property” broadly to include any interest in property transferred to a custodian, including LLC membership interests. Under A.R.S. § 14-7659, an interest in property that does not fall into a specific enumerated category (such as securities, money, or real property) is transferred to the custodian by a written instrument in the form provided by the statute. An LLC membership interest would be transferred using this general written instrument form, properly designating the recipient as custodian for the minor under the Arizona UTMA. Should the LLC’s operating agreement be amended when a UTMA custodian or trustee holds a membership interest? + Almost certainly yes. Most LLC operating agreements restrict membership transfers and require existing member consent. Transferring a membership interest to a UTMA custodian or trust may trigger these restrictions. In addition, the operating agreement should be updated to address how the fiduciary member votes, receives distributions, and participates in major LLC decisions. An Arizona LLC attorney should review and amend the operating agreement before the transfer is made. What is the difference between a UTMA custodianship and a trust for a minor? + A UTMA custodianship is simpler and less expensive to set up, requires no separate legal document beyond a transfer instrument, and is governed entirely by Arizona statute. However, it ends automatically at age 21 and provides limited flexibility in how distributions are made. A trust requires a formal trust document drafted by an attorney but offers far more flexibility—you can specify any distribution age, create conditions on distributions, provide asset protection for the trust assets, and address what happens if the minor dies. For larger or more complex transfers, a trust is usually the better choice. How do we contact KEYTLaw to help with this issue? + Call KEYTLaw at **480-664-7478** or schedule a consultation online at [keytlaw.com/calendar](https://www.keytlaw.com/calendar). KEYTLaw is located at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, Arizona 85258. Attorney Richard Keyt has practiced Arizona law since 1979, formed over 10,000 Arizona LLCs, and completed over 1,000 estate plans. His son and law partner Richard C. Keyt (“Ricky”) is also a licensed CPA and can be reached directly at 480-664-7472. This article was written by [Richard Keyt](https://www.keytlaw.com/richard-keyt), an Arizona attorney who has practiced law since 1979. Richard has formed over 10,000 Arizona LLCs, completed over 1,000 Arizona estate plans, and is the founder of KEYTLaw, LLC. His son and law partner [Richard C. Keyt](https://www.keytlaw.com) is also a licensed CPA. KEYTLaw is located at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, Arizona 85258. Phone: [480-664-7478](tel:4806647478). ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [AZ LLC Default Allocation of Profits, Votes & Distributions](https://www.keytlaw.com/arizona-llc-profits-distributions/) **Published:** June 21, 2026 **Author:** Richard Keyt **Content:** # AZ LLC Default Allocation of Profits, Votes & Distributions By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary Arizona law governs distribution allocation in a multi-member LLC that has no operating agreement. Under [Arizona Revised Statutes § 29-3404](https://www.azleg.gov/ars/29/03404.htm), each member’s share of distributions must be in equal shares among members, and not determined by ownership percentage. This default rule frequently conflicts with what members actually expected when they formed the LLC. No member has a legal right to force a distribution, and each member owes income tax on their allocated share of profits even if no cash was distributed. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![allocation-of-profits](https://www.keytlaw.com/wp-content/uploads/2026/07/allocation-of-profits-1024x559.png "allocation-of-profits - KEYTLaw") How Profits, Distributions & Votes are Allocated When an Arizona LLC Does Not Have an Operating Agreement# How Profits, Distributions & Votes are Allocated When an Arizona LLC Does Not Have an Operating Agreement If you and your co-owners formed an Arizona LLC without signing an Operating Agreement, you may be in for a rude awakening. Arizona law has default rules that govern how your LLC allocates distributions, profits, and voting power — and those defaults are almost certainly not what you expected or intended. This article explains the three most consequential default rules under the *Arizona Limited Liability Company Act*, illustrates them with real-world scenarios using familiar characters, and shows you why every multi-member Arizona LLC needs a carefully drafted Operating Agreement. **Bottom Line Up Front:** Without an Operating Agreement, Arizona law requires that distributions be made *equally among all members*, profits be *allocated equally*, and each member have *one equal vote* — regardless of how much capital each member contributed to the LLC. To hire us to prepare a custom Operating Agreement for your Arizona LLC submit our Operating Agreement questionnaire at [azllc.com/oaq](https://azllc.com/oaq/). ## The Controlling Arizona Statutes Before we walk through the scenarios, you need to understand the two statutes that drive everything in this article. **Arizona Revised Statutes § 29-3404(A)** states that any distribution made by a limited liability company "must be in equal shares among Members." This is the default rule. If your LLC has three members and makes a $10,000 distribution, each member gets $3,333 — full stop — unless an Operating Agreement says otherwise. **Arizona Revised Statutes § 29-3105(A)(3)** states that "in the event of a conflict between a provision of the operating agreement and this Chapter, the provision of the operating agreement governs." This is the escape hatch. Members of an Arizona LLC can override the default rules — but only if they have a signed Operating Agreement that specifically addresses distributions, profit allocation, and voting. Without that Operating Agreement, the defaults apply, and as the three scenarios below show, the results can be financially devastating to a member who contributed most of the capital. ## Scenario 1: The Distribution Problem ### The Facts Ned Flanders contributed **$90,000** to the LLC. Homer and Marge Simpson together contributed **$10,000**. The LLC makes a $10,000 distribution. There is no Operating Agreement. ### What Ned Thinks Will Happen Ned assumes the distribution will follow his 90% capital contribution. He expects to receive $9,000 and the Simpsons to receive $1,000. ### What Arizona Law Actually Requires Arizona Revised Statutes § 29-3404(A) requires distributions to be made in **equal shares among members**. There are three members — Ned, Homer, and Marge — so each member receives one-third of the distribution. Member Capital Contributed What Ned Expects What Arizona Law Requires Ned Flanders $90,000 $9,000 (90%) $3,333 (1/3) Homer & Marge Simpson $10,000 $1,000 (10%) $6,667 (2/3) ### The Fix Ned must convince Homer and Marge to sign an Operating Agreement stating that Ned receives 90% of all distributions and the Simpsons receive 10%. Without that written agreement, Arizona's equal-distribution default controls — and the Simpsons receive far more than their capital contribution would suggest they deserve. ## Scenario 2: The Profit Allocation Problem ### The Facts Same ownership structure: Ned contributed $90,000; Homer and Marge contributed $10,000. The LLC earns a profit of $100,000. There is no Operating Agreement. ### What Ned Thinks Will Happen Ned assumes profits will track his 90% ownership stake. He expects to be allocated $90,000 of the profit and the Simpsons to be allocated $10,000. ### What Arizona Law Actually Requires Arizona Revised Statutes § 29-3102(12) defines "Members' respective interests in the Company's profits" as being "in proportion to their rights to share distributions." Because distributions must be equal under § 29-3404(A), each member's share of profits is also equal. Member Capital Contributed What Ned Expects What Arizona Law Requires Ned Flanders $90,000 $90,000 (90%) $33,333 (1/3) Homer & Marge Simpson $10,000 $10,000 (10%) $66,667 (2/3) Ned contributes nine times more capital than the Simpsons but receives *half* of what they receive in profit allocations. This is not a hypothetical injustice — it is exactly what Arizona law requires when there is no Operating Agreement. ### The Fix The members must sign an Operating Agreement that specifies how profits — and the distributions they are tied to — will be allocated. Arizona Revised Statutes § 29-3105(A)(3) permits members to override the equal-allocation default, but only through a written Operating Agreement. Without one, Ned's 90% capital contribution entitles him to exactly one-third of the profits. ## Scenario 3: The Voting Control Problem ### The Facts Ned Flanders, Homer Simpson, and Marge Simpson are the three members of an Arizona LLC. No Operating Agreement was signed. Profits are therefore allocated equally — one-third to Ned, one-third to Homer, one-third to Marge. ### What This Means for Voting Arizona Revised Statutes § 29-3102(12) defines "Majority in Interest of the Members" as "one or more Members that hold in the aggregate a majority of the interests in the limited liability company's profits." Because profits are allocated equally, each member holds an equal interest — and therefore each member gets **one vote**. Member Capital Contributed Profit Interest Votes Ned Flanders $90,000 1/3 1 Homer Simpson $5,000 1/3 1 Marge Simpson $5,000 1/3 1 Homer and Marge together have **two votes**. Ned has **one vote**. On any matter requiring a majority vote, the Simpsons can out-vote Ned on every decision — despite contributing $10,000 to Ned's $90,000. Ned has no voting control over the LLC he funded. ### The Fix The members must sign an Operating Agreement that specifically allocates voting power. Arizona Revised Statutes § 29-3105(A)(3) allows members to override Arizona LLC law and assign votes in any proportion they choose — for example, giving Ned 90% of the votes to match his capital contribution. Without an Operating Agreement, the one-member-one-vote default controls. ## Why the Operating Agreement Is Not Optional for Multi-Member LLCs The three scenarios above are not edge cases. They represent the default legal reality for every multi-member Arizona LLC that operates without an Operating Agreement. The problems they illustrate are not theoretical risks — they are the rules that apply to your LLC right now if you have not signed an Operating Agreement. An Operating Agreement drafted by an experienced Arizona LLC attorney can specify: **How distributions are allocated.** Instead of equal shares, the Operating Agreement can state that distributions are made in proportion to each member's capital contribution percentage, or in any other ratio the members agree upon. **How profits and losses are allocated.** Because profit allocation follows distribution rights under Arizona law, an Operating Agreement that fixes the distribution percentages also fixes the profit allocation. Members can also create special allocations that differ from their distribution percentages, subject to federal tax rules. **How many votes each member holds.** The Operating Agreement can give each member votes in proportion to their ownership percentage, or it can establish a weighted voting system, supermajority requirements for major decisions, or veto rights for specific actions. **Much more.** A comprehensive Operating Agreement also addresses what happens when a member wants to sell their interest, dies, becomes disabled, or files for bankruptcy — issues that Arizona's default rules handle in ways most members would not choose. Protect your investment with a properly drafted Arizona LLC Operating Agreement. Call KEYTLaw at **480-664-7478** or schedule a consultation online. [Schedule a Free Consultation](https://www.keytlaw.com/calendar) ## Frequently Asked Questions ### Does it matter how much I contributed to the LLC if there is no Operating Agreement? For purposes of distributions, profits, and voting, your capital contribution is legally irrelevant without an Operating Agreement. Arizona Revised Statutes § 29-3404(A) requires equal distributions among all members regardless of how much each member contributed. Whether you put in $1,000 or $900,000, you receive the same distribution as every other member. ### Can we create an Operating Agreement after the LLC is already formed? Yes. Arizona law does not require an Operating Agreement to be signed at the time of formation. Members can adopt an Operating Agreement at any point during the life of the LLC. However, it requires the consent of all members, so if relationships between members have become strained, getting everyone to agree on terms may be difficult. It is far easier — and far wiser — to sign a comprehensive Operating Agreement before any disputes arise. ### What is a "Majority in Interest of the Members" under Arizona LLC law? Arizona Revised Statutes § 29-3102(12) defines "Majority in Interest of the Members" as one or more members who hold in the aggregate a majority of the interests in the LLC's profits. Without an Operating Agreement, profits are allocated equally, so a majority in interest simply means a majority of the members by count — more than half. In a three-member LLC with equal profit interests, any two members can form a majority and outvote the third member on any matter requiring majority approval. ### Can the members agree verbally to distribute profits differently than Arizona law requires? Arizona Revised Statutes § 29-3105(A)(3) requires a written Operating Agreement to override the default distribution rules. A verbal agreement between members is not enforceable for this purpose. If a dispute arises and there is no signed Operating Agreement that addresses distributions, a court will apply the statutory equal-distribution default. Protect yourself and your investment with a properly drafted and signed written Operating Agreement. ### Does a single-member LLC need an Operating Agreement? The distribution and voting problems described in this article apply to multi-member LLCs. A single-member LLC does not face the same internal conflict issues because there is only one member who receives all distributions and makes all decisions. However, single-member LLCs can still benefit from an Operating Agreement for other reasons, including demonstrating the separation between the member and the LLC for liability protection purposes and setting up clear rules for management and succession. ### What happens to voting rights if the Operating Agreement is silent on votes? If the Operating Agreement does not address voting, Arizona's default rules fill the gap. Voting power is tied to each member's interest in the LLC's profits. If the Operating Agreement also does not address how profits are allocated, profits default to equal shares — which means equal voting power among all members. A well-drafted Operating Agreement should address both profit allocation and voting rights to avoid any ambiguity. ### Can the Operating Agreement give one member 100% voting control? Yes. Arizona Revised Statutes § 29-3105(A)(3) broadly empowers members to override the default statutory rules through an Operating Agreement. Members can structure voting in any way they mutually agree upon, including giving one member sole voting authority, creating tiered voting classes, or requiring supermajority approval for specified decisions. The members simply need to agree on the terms and sign a written Operating Agreement that documents those terms. ### How do I get an Arizona LLC Operating Agreement drafted? KEYTLaw's Arizona LLC attorneys Richard Keyt and his son and law partner Richard C. Keyt (Ricky) have formed over 10,000 Arizona LLCs and drafted hundreds of Operating Agreements. They can draft a comprehensive Operating Agreement tailored to your LLC's specific ownership structure, capital contributions, profit allocation preferences, and management arrangement. Call KEYTLaw at 480-664-7478 or schedule a consultation at [keytlaw.com/calendar](https://www.keytlaw.com/calendar). To hire us to prepare a custom Operating Agreement for your Arizona LLC submit our Operating Agreement questionnaire at [azllc.com/oaq](https://azllc.com/oaq/). ## The Bottom Line Arizona's default LLC rules were not designed to produce fair or intuitive outcomes. They were designed to provide predictable fallback rules when members have failed to plan. The equal-distribution, equal-profit, and one-member-one-vote defaults exist because the legislature had to pick *something* — and equal seemed simpler than trying to infer what the members intended. If you and your co-owners formed an Arizona LLC without signing an Operating Agreement, the law does not care that you funded 90% of the LLC. It does not care that you expected to receive distributions proportional to your investment. It applies the defaults, and the defaults may devastate the financial expectations of the member who contributed the most. The solution is straightforward: sign a comprehensive Operating Agreement now, before any disputes arise. An experienced Arizona LLC attorney can draft an Operating Agreement that reflects what you and your co-owners actually intend — and that legally overrides Arizona's default rules under A.R.S. § 29-3105(A)(3). Don't let Arizona's default rules decide how your LLC distributes money and assigns voting power. Call KEYTLaw at **480-664-7478** or schedule online. [Schedule Your Consultation](https://www.keytlaw.com/calendar) How Profits, Distributions & Votes are Allocated When an Arizona LLC Does Not Have an Operating Agreement# How Profits, Distributions & Votes are Allocated When an Arizona LLC Does Not Have an Operating Agreement If you and your co-owners formed an Arizona LLC without signing an Operating Agreement, you may be in for a rude awakening. Arizona law has default rules that govern how your LLC allocates distributions, profits, and voting power — and those defaults are almost certainly not what you expected or intended. This article explains the three most consequential default rules under the *Arizona Limited Liability Company Act*, illustrates them with real-world scenarios using familiar characters, and shows you why every multi-member Arizona LLC needs a carefully drafted Operating Agreement. **Bottom Line Up Front:** Without an Operating Agreement, Arizona law requires that distributions be made *equally among all members*, profits be *allocated equally*, and each member have *one equal vote* — regardless of how much capital each member contributed to the LLC. To hire us to prepare a custom Operating Agreement for your Arizona LLC submit our Operating Agreement questionnaire at [azllc.com/oaq](https://azllc.com/oaq/). ## The Controlling Arizona Statutes Before we walk through the scenarios, you need to understand the two statutes that drive everything in this article. **Arizona Revised Statutes § 29-3404(A)** states that any distribution made by a limited liability company "must be in equal shares among Members." This is the default rule. If your LLC has three members and makes a $10,000 distribution, each member gets $3,333 — full stop — unless an Operating Agreement says otherwise. **Arizona Revised Statutes § 29-3105(A)(3)** states that "in the event of a conflict between a provision of the operating agreement and this Chapter, the provision of the operating agreement governs." This is the escape hatch. Members of an Arizona LLC can override the default rules — but only if they have a signed Operating Agreement that specifically addresses distributions, profit allocation, and voting. Without that Operating Agreement, the defaults apply, and as the three scenarios below show, the results can be financially devastating to a member who contributed most of the capital. ## Scenario 1: The Distribution Problem ### The Facts Ned Flanders contributed **$90,000** to the LLC. Homer and Marge Simpson together contributed **$10,000**. The LLC makes a $10,000 distribution. There is no Operating Agreement. ### What Ned Thinks Will Happen Ned assumes the distribution will follow his 90% capital contribution. He expects to receive $9,000 and the Simpsons to receive $1,000. ### What Arizona Law Actually Requires Arizona Revised Statutes § 29-3404(A) requires distributions to be made in **equal shares among members**. There are three members — Ned, Homer, and Marge — so each member receives one-third of the distribution. Member Capital Contributed What Ned Expects What Arizona Law Requires Ned Flanders $90,000 $9,000 (90%) $3,333 (1/3) Homer & Marge Simpson $10,000 $1,000 (10%) $6,667 (2/3) ### The Fix Ned must convince Homer and Marge to sign an Operating Agreement stating that Ned receives 90% of all distributions and the Simpsons receive 10%. Without that written agreement, Arizona's equal-distribution default controls — and the Simpsons receive far more than their capital contribution would suggest they deserve. ## Scenario 2: The Profit Allocation Problem ### The Facts Same ownership structure: Ned contributed $90,000; Homer and Marge contributed $10,000. The LLC earns a profit of $100,000. There is no Operating Agreement. ### What Ned Thinks Will Happen Ned assumes profits will track his 90% ownership stake. He expects to be allocated $90,000 of the profit and the Simpsons to be allocated $10,000. ### What Arizona Law Actually Requires Arizona Revised Statutes § 29-3102(12) defines "Members' respective interests in the Company's profits" as being "in proportion to their rights to share distributions." Because distributions must be equal under § 29-3404(A), each member's share of profits is also equal. Member Capital Contributed What Ned Expects What Arizona Law Requires Ned Flanders $90,000 $90,000 (90%) $33,333 (1/3) Homer & Marge Simpson $10,000 $10,000 (10%) $66,667 (2/3) Ned contributes nine times more capital than the Simpsons but receives *half* of what they receive in profit allocations. This is not a hypothetical injustice — it is exactly what Arizona law requires when there is no Operating Agreement. ### The Fix The members must sign an Operating Agreement that specifies how profits — and the distributions they are tied to — will be allocated. Arizona Revised Statutes § 29-3105(A)(3) permits members to override the equal-allocation default, but only through a written Operating Agreement. Without one, Ned's 90% capital contribution entitles him to exactly one-third of the profits. ## Scenario 3: The Voting Control Problem ### The Facts Ned Flanders, Homer Simpson, and Marge Simpson are the three members of an Arizona LLC. No Operating Agreement was signed. Profits are therefore allocated equally — one-third to Ned, one-third to Homer, one-third to Marge. ### What This Means for Voting Arizona Revised Statutes § 29-3102(12) defines "Majority in Interest of the Members" as "one or more Members that hold in the aggregate a majority of the interests in the limited liability company's profits." Because profits are allocated equally, each member holds an equal interest — and therefore each member gets **one vote**. Member Capital Contributed Profit Interest Votes Ned Flanders $90,000 1/3 1 Homer Simpson $5,000 1/3 1 Marge Simpson $5,000 1/3 1 Homer and Marge together have **two votes**. Ned has **one vote**. On any matter requiring a majority vote, the Simpsons can out-vote Ned on every decision — despite contributing $10,000 to Ned's $90,000. Ned has no voting control over the LLC he funded. ### The Fix The members must sign an Operating Agreement that specifically allocates voting power. Arizona Revised Statutes § 29-3105(A)(3) allows members to override Arizona LLC law and assign votes in any proportion they choose — for example, giving Ned 90% of the votes to match his capital contribution. Without an Operating Agreement, the one-member-one-vote default controls. ## Why the Operating Agreement Is Not Optional for Multi-Member LLCs The three scenarios above are not edge cases. They represent the default legal reality for every multi-member Arizona LLC that operates without an Operating Agreement. The problems they illustrate are not theoretical risks — they are the rules that apply to your LLC right now if you have not signed an Operating Agreement. An Operating Agreement drafted by an experienced Arizona LLC attorney can specify: **How distributions are allocated.** Instead of equal shares, the Operating Agreement can state that distributions are made in proportion to each member's capital contribution percentage, or in any other ratio the members agree upon. **How profits and losses are allocated.** Because profit allocation follows distribution rights under Arizona law, an Operating Agreement that fixes the distribution percentages also fixes the profit allocation. Members can also create special allocations that differ from their distribution percentages, subject to federal tax rules. **How many votes each member holds.** The Operating Agreement can give each member votes in proportion to their ownership percentage, or it can establish a weighted voting system, supermajority requirements for major decisions, or veto rights for specific actions. **Much more.** A comprehensive Operating Agreement also addresses what happens when a member wants to sell their interest, dies, becomes disabled, or files for bankruptcy — issues that Arizona's default rules handle in ways most members would not choose. Protect your investment with a properly drafted Arizona LLC Operating Agreement. Call KEYTLaw at **480-664-7478** or schedule a consultation online. [Schedule a Free Consultation](https://www.keytlaw.com/calendar) ## Frequently Asked Questions ### Does it matter how much I contributed to the LLC if there is no Operating Agreement? For purposes of distributions, profits, and voting, your capital contribution is legally irrelevant without an Operating Agreement. Arizona Revised Statutes § 29-3404(A) requires equal distributions among all members regardless of how much each member contributed. Whether you put in $1,000 or $900,000, you receive the same distribution as every other member. ### Can we create an Operating Agreement after the LLC is already formed? Yes. Arizona law does not require an Operating Agreement to be signed at the time of formation. Members can adopt an Operating Agreement at any point during the life of the LLC. However, it requires the consent of all members, so if relationships between members have become strained, getting everyone to agree on terms may be difficult. It is far easier — and far wiser — to sign a comprehensive Operating Agreement before any disputes arise. ### What is a "Majority in Interest of the Members" under Arizona LLC law? Arizona Revised Statutes § 29-3102(12) defines "Majority in Interest of the Members" as one or more members who hold in the aggregate a majority of the interests in the LLC's profits. Without an Operating Agreement, profits are allocated equally, so a majority in interest simply means a majority of the members by count — more than half. In a three-member LLC with equal profit interests, any two members can form a majority and outvote the third member on any matter requiring majority approval. ### Can the members agree verbally to distribute profits differently than Arizona law requires? Arizona Revised Statutes § 29-3105(A)(3) requires a written Operating Agreement to override the default distribution rules. A verbal agreement between members is not enforceable for this purpose. If a dispute arises and there is no signed Operating Agreement that addresses distributions, a court will apply the statutory equal-distribution default. Protect yourself and your investment with a properly drafted and signed written Operating Agreement. ### Does a single-member LLC need an Operating Agreement? The distribution and voting problems described in this article apply to multi-member LLCs. A single-member LLC does not face the same internal conflict issues because there is only one member who receives all distributions and makes all decisions. However, single-member LLCs can still benefit from an Operating Agreement for other reasons, including demonstrating the separation between the member and the LLC for liability protection purposes and setting up clear rules for management and succession. ### What happens to voting rights if the Operating Agreement is silent on votes? If the Operating Agreement does not address voting, Arizona's default rules fill the gap. Voting power is tied to each member's interest in the LLC's profits. If the Operating Agreement also does not address how profits are allocated, profits default to equal shares — which means equal voting power among all members. A well-drafted Operating Agreement should address both profit allocation and voting rights to avoid any ambiguity. ### Can the Operating Agreement give one member 100% voting control? Yes. Arizona Revised Statutes § 29-3105(A)(3) broadly empowers members to override the default statutory rules through an Operating Agreement. Members can structure voting in any way they mutually agree upon, including giving one member sole voting authority, creating tiered voting classes, or requiring supermajority approval for specified decisions. The members simply need to agree on the terms and sign a written Operating Agreement that documents those terms. ### How do I get an Arizona LLC Operating Agreement drafted? KEYTLaw's Arizona LLC attorneys Richard Keyt and his son and law partner Richard C. Keyt (Ricky) have formed over 10,000 Arizona LLCs and drafted hundreds of Operating Agreements. They can draft a comprehensive Operating Agreement tailored to your LLC's specific ownership structure, capital contributions, profit allocation preferences, and management arrangement. Call KEYTLaw at 480-664-7478 or schedule a consultation at [keytlaw.com/calendar](https://www.keytlaw.com/calendar). To hire us to prepare a custom Operating Agreement for your Arizona LLC submit our Operating Agreement questionnaire at [azllc.com/oaq](https://azllc.com/oaq/). ## The Bottom Line Arizona's default LLC rules were not designed to produce fair or intuitive outcomes. They were designed to provide predictable fallback rules when members have failed to plan. The equal-distribution, equal-profit, and one-member-one-vote defaults exist because the legislature had to pick *something* — and equal seemed simpler than trying to infer what the members intended. If you and your co-owners formed an Arizona LLC without signing an Operating Agreement, the law does not care that you funded 90% of the LLC. It does not care that you expected to receive distributions proportional to your investment. It applies the defaults, and the defaults may devastate the financial expectations of the member who contributed the most. The solution is straightforward: sign a comprehensive Operating Agreement now, before any disputes arise. An experienced Arizona LLC attorney can draft an Operating Agreement that reflects what you and your co-owners actually intend — and that legally overrides Arizona's default rules under A.R.S. § 29-3105(A)(3). Don't let Arizona's default rules decide how your LLC distributes money and assigns voting power. Call KEYTLaw at **480-664-7478** or schedule online. [Schedule Your Consultation](https://www.keytlaw.com/calendar) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: How to Fund an Arizona LLC - Capital Contribution or Loan](https://www.keytlaw.com/how-to-fund-llc/) **Published:** June 20, 2026 **Author:** Richard Keyt **Content:** # FAQ: How to Fund an Arizona LLC : Capital Contribution or Loan By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary When a member puts money into a newly formed Arizona LLC, they must choose between two legally distinct methods: a capital contribution or a member loan. A capital contribution increases the member’s ownership equity but provides no repayment priority if the LLC fails. A member loan makes the contributing member a creditor with repayment priority over equity holders in a liquidation — but only if properly documented with a signed promissory note at an IRS-compliant interest rate (at or above the Applicable Federal Rate) and a formal member resolution signed by all members. Without written documentation, the IRS will recharacterize an alleged loan as a capital contribution, eliminating both creditor status and the LLC’s interest expense deduction. This FAQ explains the pros and cons of each funding method, what every promissory note must contain, why member resolutions are required for both transaction types, and exactly what to tell your CPA or bookkeeper so the transaction is booked correctly from day one. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). Arizona LLC Funding: Loans vs. Capital Contributions | KEYTLaw Arizona LLC Law # Arizona LLC Funding: Member Loans vs. Capital Contributions — What Every New LLC Member Needs to Know By [Richard Keyt](https://www.keytlaw.com/richard-keyt), Arizona LLC Attorney | KEYTLaw, LLC | Scottsdale, Arizona When a member puts money or property into a newly formed Arizona LLC, one of the most important decisions they face is this: is the money a **loan** or a **capital contribution**? The answer determines how the transaction is taxed, who gets paid first if the LLC fails, and whether the IRS will respect the arrangement at all. Getting this wrong — or failing to document it properly — can cost members dearly. I have formed more than 10,000 Arizona LLCs, and I regularly see members make the same avoidable mistakes with LLC funding: no written documentation, no member resolution, no promissory note, and no guidance to the CPA. This article explains everything you need to know so your LLC's funding is legally sound from day one. ## The Two Ways a Member Can Fund an Arizona LLC When a member contributes money or assets to an LLC, the transaction must be classified as one of two things: a **capital contribution** or a **loan**. These are fundamentally different in legal and tax character, and the distinction matters enormously — for taxes, for asset protection, and for what happens when the LLC is sold or dissolves. ## Capital Contributions: What They Are and How They Work ### What Is a Capital Contribution? A capital contribution is money or property a member transfers to the LLC **in exchange for their ownership interest** — or to increase the LLC's available capital after formation. It is not debt. The LLC owes the member nothing in return except their membership interest and whatever future distributions the LLC makes. The contribution increases the member's **capital account** — the running ledger of what the member has put in, minus what has been distributed out, adjusted for allocated profits and losses. Capital accounts are critical when the LLC is sold, dissolved, or when members have disputes about their economic rights. ### Tax Treatment of a Capital Contribution - The contribution is **not taxable income** to the LLC. - The member receives **no deduction** for making the contribution. - The member's **tax basis** in their LLC interest increases by the amount contributed. - When the LLC distributes money back, the member recovers their basis tax-free first; amounts above basis are taxable gain. ### What Happens in a Liquidation or Dissolution? This is where capital contributions carry their biggest risk. In a dissolution or bankruptcy, **creditors are paid first**. Members who made capital contributions are *equity holders*, not creditors. They stand at the back of the line. If the LLC's assets are exhausted paying creditors, the contributing member may recover nothing. ## Member Loans to the LLC: What They Are and How They Work ### What Is a Member Loan? A member loan is a debt transaction. The member lends money (or transfers an asset) to the LLC and the LLC **owes that money back**, with interest, on defined repayment terms. The lending member becomes a **creditor** of the LLC, in addition to being an equity owner. A loan does **not** increase the member's capital account or change their ownership percentage. It creates a separate liability on the LLC's books — a debt owed to the member, just as if the LLC had borrowed the money from a bank. ### Tax Treatment of a Member Loan - **Interest payments** the LLC makes to the member are **deductible by the LLC** as a business expense, reducing taxable income passed through to all members. - Interest received by the member is **ordinary income** to the member. - Repayment of principal is **not taxable** to the member — they are simply receiving their loan back. - Unlike a capital contribution, a loan does **not increase the member's tax basis** in the LLC (though certain multi-member debt allocations can affect outside basis — consult a CPA). ### What Happens in a Liquidation or Dissolution? This is the key advantage of structuring funding as a loan: the lending member **stands as a creditor** of the LLC. Creditors are paid before equity holders in a liquidation. If the LLC has assets remaining after paying outside creditors, the lending member is repaid their loan balance before any assets are distributed to members as equity. In a struggling LLC, this can mean the difference between recovering your investment and recovering nothing. ## Loans vs. Capital Contributions: Pros and Cons There is no universally correct answer — the right choice depends on the LLC's circumstances, the member's goals, and applicable tax considerations. Here is a balanced comparison. ### Capital Contributions #### Advantages - **Simple.** No repayment obligation, no interest, no maturity date to manage. - **Strengthens the balance sheet.** Lenders and vendors see equity, not debt. - **No cash flow burden.** The LLC has no loan payments to make in lean years. - **No recharacterization risk.** The IRS cannot challenge it as disguised debt. - **Preferred by outside lenders** who often require that member funding be equity, not competing debt. #### Disadvantages - **No priority in liquidation.** Contributing members are last in line if the LLC fails. - **No LLC tax deduction** for returning capital — unlike interest on a loan. - **No interest income** to the member (though that is also a cost savings for the LLC). - **Dilution risk** in multi-member LLCs if the contribution changes relative ownership percentages and the Operating Agreement is not carefully drafted. ### Member Loans #### Advantages - **Priority in liquidation.** The lending member is a creditor and is paid before equity distributions. - **LLC deducts interest,** reducing taxable income passed through to all members. - **Member recovers principal tax-free** upon repayment. - **Flexible terms.** Interest rate, maturity, and repayment schedule can be tailored to the LLC's needs. - **Separates investment risk from debt risk,** which some members prefer. #### Disadvantages - **IRS recharacterization risk.** If not properly documented, the IRS or a court may treat the "loan" as a capital contribution — wiping out the creditor priority and interest deductions. This is the single biggest pitfall. - **Cash flow obligation.** The LLC must make payments even in lean years (unless the note permits deferral). - **Creates debt on the balance sheet,** which may concern outside lenders or future investors. - **Interest must be at or above the IRS Applicable Federal Rate (AFR)** or the IRS will impute interest, creating phantom income for the lender. - **Self-dealing scrutiny** in multi-member LLCs, where loans from one member raise fairness questions. ## The Promissory Note: Why Every Member Loan Requires One A member loan **must be evidenced by a written, signed promissory note** to be respected as genuine debt — by the IRS, by courts, by other creditors, and by any future buyer of the LLC. A handshake agreement, an email, or a QuickBooks entry is not a promissory note. **⚠ IRS Recharacterization Warning**If a member loan is not properly documented with a promissory note bearing a market interest rate, a fixed repayment schedule, and a defined maturity date, the IRS will treat it as a capital contribution. The result: the lending member loses creditor status in a liquidation, and the LLC loses its interest expense deductions. ### What the Promissory Note Must Contain A properly drafted promissory note between a member and the LLC must include: 1. **The parties** — the member as lender, the LLC as borrower, with full legal names 2. **The principal amount** of the loan in dollars 3. **The interest rate** — must be at or above the IRS Applicable Federal Rate (AFR) for the applicable loan term; a 0% interest rate is a red flag that invites IRS scrutiny 4. **A fixed repayment schedule** — monthly, quarterly, annually, or a balloon payment at maturity; vague language such as "when the LLC can afford it" is not acceptable 5. **A maturity date** — a specific calendar date by which the loan must be repaid in full 6. **Default provisions** — what constitutes a default and the lender's remedies 7. **Governing law** — Arizona 8. **Signatures** of both the lending member *and* an authorized manager or member signing on behalf of the LLC ### The IRS Applicable Federal Rate (AFR) The AFR is the minimum interest rate required by the IRS for loans between related parties, including member loans to an LLC. It is published monthly and varies by loan term: short-term (up to 3 years), mid-term (3 to 9 years), and long-term (over 9 years). If the promissory note uses an interest rate below the current AFR, the IRS will *impute* interest at the AFR rate — meaning the lender must report interest income they never actually received. Your CPA can provide the current AFR before you finalize the note. ## Member Resolutions: Required for Both Loans and Capital Contributions ### Why a Resolution Is Required An LLC is a legal entity that is separate from its members. When a member puts money into the LLC — whether as a loan or a capital contribution — **the LLC must formally authorize and document that transaction in writing**. The vehicle for doing that is a **written member resolution**, sometimes called a consent of members. A properly signed member resolution accomplishes five critical things: - Creates a **contemporaneous written record** that the transaction was intentionally authorized and properly classified from day one - Protects the LLC in an **IRS audit** by demonstrating the classification was deliberate, not an afterthought reconstructed years later - Protects the lending member's **creditor status** if a future bankruptcy trustee or opposing creditor challenges whether the loan was genuine - Provides a clear paper trail in any **member dispute or litigation** about how funds were treated - Gives the LLC's CPA or bookkeeper **unambiguous instructions** on exactly how to book the transaction ### What a Resolution for a Capital Contribution Should Contain - The contributing member's full name - The dollar amount or a description of the property being contributed - Confirmation that the transfer is a capital contribution — not a loan - A statement of whether the contribution changes the contributing member's ownership percentage (and if so, by exactly how much, consistent with the Operating Agreement) - The date of the transfer - Signatures of **all members** ### What a Resolution for a Member Loan Should Contain - The lending member's full name - The principal amount of the loan - A reference to the promissory note by its date and key terms (interest rate, maturity date) - Authorization for the LLC to borrow the funds and execute the promissory note - Designation of who is authorized to sign the promissory note on behalf of the LLC - The date of the loan - Signatures of **all members** ### Why All Members Must Sign Even if the Operating Agreement authorizes a manager or majority of members to act unilaterally, having **every member sign the resolution** eliminates future disputes about whether the transaction was properly authorized. In a multi-member LLC, a member who later claims they had no knowledge of — and did not consent to — a loan made by another member can trigger costly litigation. All-member signatures create an airtight record that every member reviewed and agreed to the transaction, its classification, and its terms. **💡 Best Practice**Draft the member resolution and, for loans, the promissory note *before the money moves*. Dating documents after the fact raises credibility issues with the IRS and in litigation. A resolution prepared the same day the funds are transferred is worth far more than one backdated months later. ## What the LLC Must Tell Its CPA or Bookkeeper Whether the funding is a loan or a capital contribution, the LLC must give its accounting professional the complete picture immediately. Misclassified transactions discovered during a tax audit or in litigation are expensive to unwind. Here is exactly what to provide: ### For a Capital Contribution — Tell the CPA/Bookkeeper: 1. **The member's name** and the exact date the funds or property were received 2. **The dollar amount** (for cash) or the **agreed fair market value** (for property — which the CPA may need to help establish or document) 3. That this is a **capital contribution, not a loan** — it must be booked to the member's *capital account*, not to any liability account 4. Whether the contribution **changes the member's ownership percentage** — the CPA needs this to properly allocate future profits, losses, and distributions 5. A copy of the **signed member resolution** authorizing the contribution 6. If property (not cash) was contributed: a description of the property, the contributing member's cost basis, and the agreed fair market value — both figures have tax implications the CPA must track and report ### For a Member Loan — Tell the CPA/Bookkeeper: 1. **The member's name** and the date the funds were received by the LLC 2. **The principal amount** of the loan 3. That this is a **loan, not a capital contribution** — it must be booked as a *liability* (e.g., "Loan Payable — \[Member Name\]"), not to a capital account 4. The **interest rate and repayment schedule** from the promissory note — the CPA will need to accrue interest expense each accounting period 5. A copy of the **signed promissory note** 6. A copy of the **signed member resolution** authorizing the loan 7. The **maturity date** so the debt can be classified correctly as current (due within 12 months) or long-term on the balance sheet 8. Any **collateral** pledged by the LLC, which affects financial statement disclosures ## Quick Reference: Loans vs. Capital Contributions Factor Capital Contribution Member Loan LLC owes money back? No Yes Priority if LLC fails? Last (equity holder) First (creditor) LLC tax deduction? No Yes — interest expense Increases capital account? Yes No Requires promissory note? No Yes — mandatory Requires member resolution? Yes — strongly recommended Yes — mandatory IRS recharacterization risk? Low High if undocumented AFR interest rate required? No Yes CPA books it as… Capital account Liability ## The Bottom Line For most newly formed Arizona LLCs, the right funding structure depends on two primary questions: *How important is it to the member to be repaid if the LLC struggles?* And *how important is simplicity and balance sheet strength?* A loan prioritizes the member's recovery; a capital contribution prioritizes clean governance and tax simplicity. Regardless of which method you choose, the universal rule is this: **document everything in writing before the money moves**. A member resolution drafted the same day the funds are transferred costs almost nothing. Trying to reconstruct the intent of an undocumented transaction three years later during an IRS audit — or in the middle of a member dispute — is extraordinarily expensive and frequently unsuccessful. The same discipline applies to your CPA or bookkeeper. Give them the resolution and, if applicable, the promissory note as soon as the transaction occurs. Misclassified transactions that go uncorrected compound over years of tax returns and financial statements. Cleaning them up later — or discovering the misclassification during a sale or audit — is far more painful and costly than getting it right from day one. **📋 Checklist: Before Any Member Funds the LLC** ✔ Decide: loan or capital contribution? ✔ If a loan: draft and sign the promissory note before funds transfer (include AFR-compliant interest rate, repayment schedule, and maturity date). ✔ Draft and have all members sign a member resolution authorizing the transaction. ✔ Send the resolution (and note, if a loan) to your CPA or bookkeeper with clear instructions on how to book the transaction. ✔ Retain all signed documents in the LLC's permanent records. ## Frequently Asked Questions ### Can a member make both a capital contribution and a loan to the same LLC? Yes. A member can fund the LLC through both methods simultaneously or at different times. For example, a member might contribute $50,000 as equity (capital contribution) at formation and later loan the LLC an additional $25,000 when it needs operating capital. Each transaction must be documented separately with its own resolution, and the loan must be backed by its own promissory note. ### What happens if a member loan is never repaid? If the LLC is unable to repay a member loan, the lending member may be able to claim a bad debt deduction on their personal tax return — but only if the loan was bona fide debt supported by a promissory note with genuine repayment terms. An undocumented "loan" that the IRS has already recharacterized as a capital contribution cannot be claimed as a bad debt loss. ### Does an Arizona LLC's Operating Agreement need to address capital contributions? Yes. A well-drafted Arizona LLC Operating Agreement should specify whether members are required to make initial capital contributions, what happens if a member fails to contribute, whether the LLC can require additional contributions in the future, and how contributions affect ownership percentages. Without these provisions, disputes about equity and capital are governed by Arizona's default LLC statutes, which may not reflect what the members intended. ### What is the Applicable Federal Rate and where do I find the current rate? The Applicable Federal Rate (AFR) is the minimum interest rate the IRS requires for loans between related parties. The IRS publishes the AFR monthly in a Revenue Ruling. Your CPA can provide the current rate, or you can find it by searching the IRS website for the current month's AFR Revenue Ruling. The rate varies by loan term: short-term (up to 3 years), mid-term (3 to 9 years), and long-term (over 9 years). ### Can the promissory note allow the LLC to defer loan payments? Yes, the promissory note can include a provision allowing the LLC to defer principal payments (and in some cases interest) during periods of financial hardship, as long as the note still has a defined maturity date and mandatory repayment terms. Deferred interest typically accrues and is added to the principal balance. A CPA should review any deferral provision to confirm it does not inadvertently trigger IRS recharacterization concerns. ## Need Help Forming Your Arizona LLC? Arizona LLC attorney Richard Keyt has formed more than 10,000 Arizona LLCs since 1979. If you have questions about LLC formation, Operating Agreements, member funding documentation, or any other Arizona LLC issue, contact KEYTLaw today. [Contact KEYTLaw →](https://www.keytlaw.com/contact/) **Richard Keyt — Arizona LLC & Estate Planning Attorney** Richard Keyt has practiced law in Arizona since 1979 and is the founder of KEYTLaw, LLC in Scottsdale, Arizona. He has formed more than 10,000 Arizona LLCs and completed more than 1,000 estate plans. He practices alongside his son and law partner Richard C. Keyt ("Ricky"), who is also a licensed CPA. [Read Richard's full biography →](https://www.keytlaw.com/richard-keyt) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: How to Prove Members of an Arizona LLC](https://www.keytlaw.com/arizona-llc-membership-proof/) **Published:** June 21, 2026 **Author:** Richard Keyt **Content:** # FAQ: How to Prove Members of an Arizona LLC By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary This article answers 12 frequently asked questions about how to prove membership in an Arizona limited liability company. Arizona LLC membership is governed by the **Arizona Limited Liability Company Act** ([A.R.S. §§ 29-3101](https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/29/03101.htm) et seq.) and is created by agreement — not by filing a public document with the Arizona Corporation Commission. The Operating Agreement is the primary legal document that identifies members, states ownership percentages, and satisfies banks, title companies, lenders, and courts. This article also explains the roles of Articles of Organization, membership certificates, capital contribution records, and tax returns as supporting evidence of membership. Arizona LLC attorneys Richard Keyt and Richard C. Keyt of KEYTLaw have formed 10,000+ Arizona LLCs and include a custom Operating Agreement in every formation package. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![llc-member](https://www.keytlaw.com/wp-content/uploads/2026/06/llc-member-1024x559.png "llc-member - KEYTLaw") How an Arizona LLC Member Proves Membership | KEYTLaw # How an Arizona LLC Member Proves He, She, or It Is Actually a Member One of the most common questions Arizona LLC owners face is surprisingly simple but legally important: **how do you prove you are actually a member of your LLC?** The question comes up when opening a bank account, signing a real estate contract, applying for a loan, dealing with a dispute among members, or handling administrative matters with government agencies. Unlike a corporation, which issues stock certificates as formal evidence of ownership, an Arizona LLC does not automatically issue any document that looks like a traditional ownership certificate. This can leave members uncertain about what paperwork actually establishes and proves their membership. This FAQ explains the documents and legal standards that determine and prove LLC membership under Arizona law. ## Why Proving LLC Membership Matters Banks, title companies, lenders, courts, and government agencies all require proof that a person claiming to be an LLC member actually is one before they will deal with that person on behalf of the LLC. Without proper documentation, you may be unable to: - Open or access a business bank account - Buy or sell real estate in the LLC's name - Obtain a business loan or line of credit - Enforce your rights in a membership dispute - Transfer or sell your membership interest - Distribute LLC assets after dissolution Having the right documents in place from the day the LLC is formed prevents all of these problems. ## The Foundation: Arizona LLC Law on Membership Arizona LLC membership is governed by the **Arizona Limited Liability Company Act**, codified at Arizona Revised Statutes Title 29, Chapter 7 (A.R.S. §§ 29-3101 et seq.), which became effective September 1, 2019. Under the Arizona LLC Act, a person becomes a member at the time and on the terms specified in the LLC's Operating Agreement. If the Operating Agreement does not state a time, the person becomes a member when the LLC's records reflect the admission. The key takeaway from Arizona law is that **membership is created by agreement** — specifically, the Operating Agreement — not by filing a public document with the Arizona Corporation Commission. KEYTLaw has formed more than 10,000 Arizona LLCs. Every formation package includes a custom Operating Agreement drafted by Arizona LLC attorney Richard Keyt that clearly establishes and proves your membership. [Schedule a Free Consultation](https://www.keytlaw.com/calendar) ## Frequently Asked Questions Below are the most common questions Arizona LLC members ask about proving their membership. Q1. What is the primary document that proves a person is a member of an Arizona LLC? The **Operating Agreement** is the primary document that proves membership in an Arizona LLC. A properly drafted Operating Agreement identifies each member by name, states each member's ownership percentage or membership interest, and is signed by all members. Courts, banks, title companies, and other third parties treat the Operating Agreement as the definitive evidence of who owns the LLC and in what proportions. If the LLC was formed by KEYTLaw, your Operating Agreement was custom-drafted to clearly name you as a member and state your ownership percentage from day one. Q2. Does the Arizona Articles of Organization list the LLC's members? Arizona LLC law requires all members of a member-managed LLC to be named in the LLC's Articles of Organization. The law also requires all members of a manager-managed LLC who own 20% or more of the LLC to be named in the Articles of Organization. Unfortunately many Articles of Organization fail to name any or all of the members. Q3. What happens if the LLC does not have a written Operating Agreement? If the LLC has no written Operating Agreement, membership must be proved through other evidence. This can include emails, text messages, wire transfer records showing capital contributions, bank statements, meeting minutes, or witness testimony. This situation creates significant legal risk and uncertainty, because these types of evidence are far weaker than a properly signed Operating Agreement and are far easier to dispute. Without a written Operating Agreement, a member may find it impossible to satisfy a bank's due diligence requirements, a title company's documentation requirements, or a court's evidentiary standards. **Every Arizona LLC should have a written Operating Agreement signed by all members.** Q4. Can an LLC membership certificate prove membership? Yes, a **membership certificate** can serve as evidence of membership, but only if it is properly issued under the LLC's Operating Agreement. Unlike stock certificates in a corporation, Arizona law does not require LLCs to issue membership certificates. If the Operating Agreement authorizes them and a certificate is properly issued and signed, it can be strong secondary evidence of membership. However, a membership certificate is not a substitute for a written Operating Agreement. The Operating Agreement remains the primary legal document. A membership certificate without a supporting Operating Agreement carries much less weight. Q5. What document does a bank require to verify that someone is a member when opening an LLC bank account? Banks typically require a copy of the LLC's **Operating Agreement** that identifies the member and states the member's ownership interest. Most banks also require: - The **Articles of Organization** to confirm the LLC's legal existence and name - A **certificate of good standing** from the Arizona Corporation Commission showing the LLC is currently in good standing - Government-issued identification for the member or authorized signatory - The LLC's federal Employer Identification Number (EIN) The Operating Agreement is the centerpiece of this package because it is the only document that identifies who the members are and what authority each member has. Q6. How does a member prove membership for a real estate transaction? In a real estate transaction, the **title company** will conduct its own due diligence before insuring the transaction. The title company typically requires: - The LLC's **Operating Agreement** (with all amendments) - The **Articles of Organization** - A **certificate of good standing** from the Arizona Corporation Commission - Written evidence that the member or manager signing the deed or contract has authority to bind the LLC The title company reviews these documents to confirm the LLC exists, that the person acting on behalf of the LLC is actually a member or authorized manager, and that the LLC has the authority to buy or sell real estate. Q7. How does a new member prove membership after being admitted to an existing LLC? When a new member is admitted to an existing LLC, the members should execute a **written amendment to the Operating Agreement** — or a **Membership Interest Assignment Agreement** — that identifies the new member, states the new member's ownership interest, and is signed by the existing members and the new member. This written amendment to the Operating Agreement is the primary proof of the new member's membership going forward. Without it, the new member will have great difficulty proving membership to banks, title companies, courts, and other third parties, even if everyone involved understands informally that a new member was admitted. Q8. Does a capital contribution prove membership in an Arizona LLC? A capital contribution **alone** does not prove membership. Under Arizona law, membership is created by agreement — not merely by the payment of money. A person can lend money to an LLC, pay for services rendered to the LLC, or make a payment for any number of reasons without becoming a member. However, records of a capital contribution — such as a wire transfer receipt, cancelled check, or bank statement — can serve as strong **supporting evidence** of membership when combined with an Operating Agreement or other written agreement that expressly grants membership in exchange for that contribution. The combination of a written agreement and financial records is far more persuasive than either alone. Q9. Can a member's tax returns prove LLC membership? Tax returns can serve as **supporting evidence** of LLC membership. For example: - A **Schedule K-1** issued to a member from a partnership-taxed multi-member LLC shows that the IRS treated that person as a member for tax purposes. - A **single-member LLC** owner who reports the LLC's income and expenses on Schedule C of their personal Form 1040 is demonstrating that they treated themselves as the sole owner for federal income tax purposes. - The LLC's own tax return (Form 1065 for a partnership-taxed LLC) will list the members on the Schedule K-1 attachments. While tax returns are not definitive legal proof of membership — because the IRS is not the authority on LLC ownership — they provide strong corroborating evidence that the person was treated as a member by the LLC and by the IRS. Q10. What is the best way for a single-member LLC owner to prove he or she is the sole member? The best proof for a **single-member LLC** is a written Operating Agreement that clearly states: - The single member's full legal name (or entity name if the member is a trust, corporation, or other LLC) - That the member owns 100% of the membership interests - The member's capital contribution - Whether the LLC is member-managed (the most common structure for single-member LLCs) Even though Arizona law does not require an Operating Agreement, having one is critical for proving membership to banks, title companies, lenders, courts, and other third parties. Without a written Operating Agreement, a single-member LLC owner may struggle to prove ownership in disputes or transactions and may find that important third parties refuse to do business with the LLC. Q11. What Arizona law governs LLC membership? Arizona LLC membership is governed primarily by the **Arizona Limited Liability Company Act**, found at Arizona Revised Statutes Title 29, Chapter 7 (A.R.S. §§ 29-3101 et seq.), which became effective September 1, 2019. This Act replaced the prior Arizona LLC statute and significantly modernized Arizona LLC law. Under A.R.S. § 29-3401, a person becomes a member of an LLC at the time and on the terms stated in the Operating Agreement, or if the Operating Agreement does not provide a time, when the LLC's records reflect the admission. This statutory language reinforces that the **Operating Agreement and the LLC's internal records** are the controlling legal authorities on membership. Q12. Should I hire an attorney to prepare an Operating Agreement that proves my membership in an Arizona LLC? Yes. An experienced Arizona LLC attorney can draft an Operating Agreement that clearly identifies all members, states each member's ownership interest, and includes the provisions required to satisfy banks, title companies, lenders, and courts. A properly drafted Operating Agreement also addresses what happens when a member dies, becomes incapacitated, or wants to transfer a membership interest — all situations where proving membership becomes critical. Online legal services and do-it-yourself Operating Agreement templates often omit provisions that are essential under Arizona's specific LLC laws and fail to address real-world scenarios that require proof of membership. Paying for a properly drafted Operating Agreement at the time of formation is far less expensive than trying to fix membership disputes or documentation gaps after they arise. KEYTLaw's Arizona LLC formation packages include a custom Operating Agreement prepared by Arizona LLC attorney Richard Keyt, who has formed more than 10,000 Arizona LLCs since 1979. To hire KEYTLaw attorneys to prepare an Operating Agreement for your Arizona LLC submit our Operating Agreement questionnaire at . ## Summary: The Documents That Prove Arizona LLC Membership Here is a hierarchy of the documents and evidence that prove Arizona LLC membership, from strongest to weakest: 1. **Written Operating Agreement** signed by all members — the gold standard and primary proof of membership under Arizona law 2. **Written amendment to the Operating Agreement** admitting a new member or reflecting a transfer of membership interest 3. **Membership Interest Assignment Agreement** documenting the transfer of a membership interest 4. **Membership certificate** issued under the Operating Agreement 5. **Tax returns** (Schedule K-1, Form 1065, Schedule C) reflecting membership for federal income tax purposes 6. **Capital contribution records** (wire transfers, cancelled checks, bank statements) combined with other evidence 7. **Emails, texts, and other correspondence** acknowledging membership — weakest form of evidence and easily disputed Every Arizona LLC, whether single-member or multi-member, should have a signed written Operating Agreement from the moment of formation. It is the most important document the LLC will ever have and the one that will be required in virtually every significant transaction or dispute the LLC encounters. Need a properly drafted Arizona LLC Operating Agreement? Arizona LLC attorney Richard Keyt has formed more than 10,000 Arizona LLCs and can help you get the documentation right from the start. Call us at [480-664-7478](tel:4806647478) or schedule a free consultation online. [Schedule a Free Consultation](https://www.keytlaw.com/calendar) **About the Author** Richard Keyt is an Arizona attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced law in Arizona since 1979 and has formed more than 10,000 Arizona LLCs. He works alongside his son and law partner Richard C. Keyt (Ricky), who is also a licensed CPA. Richard can be reached at [480-664-7478](tel:4806647478). KEYTLaw is located at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, Arizona 85258. [Read Richard Keyt's full biography →](https://www.keytlaw.com/richard-keyt) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Must Arizona LLC File an Annual Report or Pay annual an Fee?](https://www.keytlaw.com/arizona-llc-faq-arizona-llc-annual-report/) **Published:** June 23, 2026 **Author:** Richard Keyt **Content:** # Does an Arizona LLC Have to File an Annual Report or Pay an Annual Fee? By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary Arizona is one of the rare states that does not require LLCs to file an annual report or pay an annual fee to the Arizona Corporation Commission. This means that once your LLC is approved, you owe the state nothing on an ongoing basis to keep it alive and in good standing. This FAQ article explains why that matters, how Arizona compares to other states that charge hundreds of dollars in annual fees, what Arizona does require after your LLC is formed, and what you need to do to keep your LLC in good standing year after year. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![stat-agent](https://www.keytlaw.com/wp-content/uploads/2026/06/stat-agent-1024x559.png "stat-agent - KEYTLaw") [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) Does an Arizona LLC Have to File an Annual Report or Pay an Annual Fee? | KEYTLaw Arizona LLC FAQ# Does an Arizona LLC Have to File an Annual Report or Pay an Annual Fee? The short answer is no — and that makes Arizona one of the most business-friendly states in the country for LLC owners. --- **No.** Arizona does not require limited liability companies to file an annual report or pay an annual fee to the Arizona Corporation Commission (ACC). Once the ACC approves your Articles of Organization, there are no recurring annual filing obligations or fees due to the state just to keep your LLC in good standing. Why Is This Such a Big Deal for Arizona LLC Owners? Many states treat their LLC annual report requirement as a revenue stream, charging fees that range from modest to painful. In California, LLCs owe an $800 minimum franchise tax every year regardless of whether the LLC earns a single dollar. In Nevada, the combined annual report and business license fees can exceed $500. In Delaware, the annual franchise tax for LLCs is $300 per year. Arizona charges none of that. After you pay the one-time ACC filing fee to form your LLC, you owe the state nothing on an annual basis simply for the privilege of existing as an Arizona LLC. That savings adds up significantly over the life of your business. How Does Arizona Compare to Other States? The table below shows how Arizona stacks up against several popular states for LLC formation costs and annual obligations. State Annual Report Required? Annual Fee / Tax Arizona No None California Yes $800 minimum franchise tax per year Nevada Yes $350+ per year (report + business license) Delaware Yes $300 per year Florida Yes $138.75 per year Texas Yes Franchise tax (varies by revenue) Forming and maintaining an Arizona LLC is genuinely one of the least expensive options in the United States. Is There Anything Arizona Does Require After Your LLC Is Formed? Yes — one post-formation requirement applies to most Arizona LLCs: **publication**. Under Arizona law, after the ACC approves your Articles of Organization, you must publish a notice of LLC formation in a newspaper of general circulation in the county where your LLC's statutory agent is located. The notice must run for three consecutive weeks. Once published, you file an Affidavit of Publication with the ACC to complete the process. This publication requirement is a one-time obligation, not an annual one. You do it once when you form your LLC, and you are done. What If My LLC's Statutory Agent Is in Maricopa or Pima County? If your LLC's statutory agent address is located in Maricopa County (the Phoenix metro area) or Pima County (the Tucson area), you are completely exempt from the publication requirement. The ACC publishes the notice on your behalf at no charge through its online database. This exemption covers the vast majority of Arizona LLCs. Arizona LLC owners in **Maricopa County** or **Pima County** pay a one-time state filing fee — and never owe the ACC another dollar in fees or reports for as long as their LLC exists. Are There Any Other Ongoing Obligations to the ACC? There is one important ongoing obligation: you must keep your LLC's statutory agent information current with the ACC at all times. If your statutory agent changes — or if the agent's address changes — you must update the ACC's records by filing the appropriate form. Failure to maintain a current statutory agent can result in the ACC administratively dissolving your LLC, which eliminates the liability protection the LLC provides to its members. As long as your statutory agent information is current, your Arizona LLC stays in good standing indefinitely with no annual reports and no annual fees. Does This Mean an Arizona LLC Has No Annual Tax Obligations? The absence of an annual report or fee to the ACC does not mean your LLC has no tax obligations. Depending on how your LLC is taxed — as a sole proprietorship, partnership, S corporation, or C corporation — you will have federal and potentially Arizona state income tax filing requirements. You may also owe transaction privilege tax (Arizona's version of sales tax) if your LLC sells taxable goods or services. The key distinction is that these tax obligations are separate from the ACC's LLC maintenance requirements. Arizona simply does not add a state-level annual LLC report or fee on top of your existing tax obligations the way most other states do. The Bottom Line Arizona is one of the best states in the country to form and maintain an LLC. No annual reports. No annual fees. No recurring paperwork due to the ACC just to keep your LLC alive. Combined with Arizona's favorable LLC statutes, the absence of ongoing maintenance costs makes forming an Arizona LLC an excellent choice for business owners and investors alike. ## Ready to Form Your Arizona LLC? Richard Keyt and his son Richard C. Keyt (an attorney and CPA) have formed more than 10,000 Arizona LLCs. Call or visit our website to learn how we can help you. [480-664-7478](tel:4806647478) [azllc.com →](https://azllc.com) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: What is an Arizona Statutory Agent & Its Requirements?](https://www.keytlaw.com/arizona-llc-statutory-agent-faq/) **Published:** June 24, 2026 **Author:** Richard Keyt **Content:** # Arizona Statutory Agent FAQ: Requirements & Rules By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ### **FAQ Summary** ### **A statutory agent in Arizona is an individual or business entity legally designated by an LLC to receive lawsuits, subpoenas, and official correspondence from the Arizona Corporation Commission (ACC).** Every Arizona LLC must have a statutory agent from the day it is formed until the day it is dissolved. The statutory agent is the person or entity designated by your LLC to receive lawsuits, legal notices, and official correspondence from the Arizona Corporation Commission on your LLC’s behalf. If your LLC fails to maintain a statutory agent, the ACC can administratively dissolve it and strip away the personal liability protection you formed the LLC to get. This article answers the most important questions Arizona LLC owners ask about statutory agents, including who can serve, what the agent’s legal duties are, what address is required, how to change agents, and why many LLC owners choose to use a professional statutory agent service rather than listing themselves on the public record. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![stat-agent](https://www.keytlaw.com/wp-content/uploads/2026/06/stat-agent-1-1024x559.png "stat-agent - KEYTLaw") Arizona LLC Statutory Agent: Complete FAQ (2026) | KEYTLaw # Arizona LLC Statutory Agent: Complete FAQ (2026) By [Richard Keyt, JD, LL.M. (Tax)](https://www.keytlaw.com/richard-keyt) — Arizona LLC Attorney • KEYTLaw, LLC • 480-664-7478 Every Arizona LLC must have a statutory agent. If yours does not, or if your statutory agent information is out of date, the Arizona Corporation Commission can administratively dissolve your LLC and strip away the liability protection you formed it to get. This FAQ answers every common question Arizona LLC owners ask about statutory agents, straight from Arizona law. **Governing Law:** Arizona Revised Statutes § 29-3115 (Statutory Agent), § 29-3116 (Statement of Change), § 29-3117 (Resignation of Statutory Agent), and § 29-3708 (Administrative Dissolution). ## The Basics ### What is a statutory agent of an Arizona LLC? A statutory agent is the person or entity that an Arizona LLC officially designates to receive service of process (lawsuits), legal notices, and official state correspondence on the LLC's behalf. The name comes from the fact that a statute — Arizona law — requires every LLC to have one. When a plaintiff files a lawsuit against your LLC, the process server does not have to hunt down the members or managers. The process server delivers the summons and complaint to your statutory agent. Your statutory agent then forwards those documents to the LLC. This gives the court system a reliable, public point of contact for reaching any Arizona LLC. In other states, the same role is often called a *registered agent* or *resident agent*. Those are informal synonyms. In Arizona, “statutory agent” is the official legal term. ### Statutory Agent vs. Registered Agent In Arizona, a Statutory Agent serves the exact same function as what other states call a Registered Agent or Resident Agent. Each term means the same thing, but Arizona law uses the phrase “statutory agent.” ### Is a statutory agent required for an Arizona LLC? Yes, without exception. Arizona Revised Statutes § 29-3115(A) states: “Each limited liability company and each registered foreign limited liability company shall designate and maintain a statutory agent in this state.” Every domestic Arizona LLC and every foreign (out-of-state) LLC registered to do business in Arizona must designate and continuously maintain a statutory agent. There is no exception for small LLCs, single-member LLCs, or dormant LLCs. ### Why does Arizona require every LLC to have a statutory agent? Arizona requires a statutory agent so that the public, courts, and the Arizona Corporation Commission always have a known, accessible contact point for any LLC doing business in the state. Without a statutory agent requirement, a business owner could form an LLC, conduct business, and become effectively unreachable when someone needs to file a lawsuit or serve official notice. The statutory agent requirement protects the public by guaranteeing that every LLC has a publicly listed person or entity that can accept legal documents on the LLC's behalf. The Arizona Corporation Commission also uses the statutory agent's address to send official notices to LLCs, including notices about annual reports, administrative actions, and potential dissolution proceedings. ## Who Can Be the Statutory Agent ### Who can serve as the statutory agent of an Arizona LLC? Under A.R.S. § 29-3115(B), the statutory agent must be one of the following: - An adult individual who resides in Arizona and has a physical Arizona street address. - A domestic corporation formed under Arizona law. - A foreign corporation authorized to transact business in Arizona. - A domestic limited liability company formed under Arizona law. - A foreign limited liability company authorized to transact business in Arizona. In every case, the statutory agent must maintain a physical place of business or residence in Arizona. A statutory agent cannot have only a P.O. Box address. ### Can a member or manager of the LLC be its own statutory agent? Yes. A member or manager of an Arizona LLC may serve as the LLC's statutory agent, as long as that person is an adult who resides in Arizona and has a valid Arizona street address to list on the public records. This is a common choice for small LLCs with Arizona-based owners. However, there are significant privacy and practical reasons why many LLC owners choose not to serve as their own statutory agent. See the section below on using a professional statutory agent service. ### Can an Arizona LLC name itself as its own statutory agent? No. An Arizona LLC cannot serve as its own statutory agent. The statutory agent must be a separate person or a separate business entity. This is a firm requirement under Arizona law. ### Can an employee of the LLC be the statutory agent? Yes, an employee of the LLC who is an adult Arizona resident with a physical Arizona address can serve as the LLC's statutory agent. There is no prohibition in Arizona law against naming an employee. However, keep in mind that if that employee leaves the company, you must promptly file a change of statutory agent with the Arizona Corporation Commission to appoint a replacement. ### Can an attorney serve as the statutory agent? Yes. An Arizona-licensed attorney who resides or has a business office in Arizona can serve as the statutory agent of an Arizona LLC. Many LLC owners use their attorney or their attorney's law firm as the statutory agent. KEYTLaw, LLC provides statutory agent services to Arizona LLCs for $99 per year. See the section below for details. ## Address Requirements ### What address must the statutory agent have? The statutory agent must have a physical Arizona street address. A.R.S. § 29-3115(B) requires the statutory agent to have a place of business or residence in Arizona. The Arizona Corporation Commission and the courts interpret this requirement to mean a physical street address where someone is actually present and available to accept hand-delivered legal documents during normal business hours. The following types of addresses are **not acceptable** for an Arizona LLC's statutory agent: - Post office boxes (P.O. Boxes) - Private mailbox services - Commercial mail receiving agencies (CMRAs) - UPS Store mailboxes or similar services ### Can a member use their home address as the statutory agent's address? Yes, a member of an Arizona LLC who resides in Arizona may use their home address as the statutory agent's address. However, there are important reasons to think carefully before doing so. The statutory agent's name and address are part of the public record maintained by the Arizona Corporation Commission. Anyone can look up your LLC and find the statutory agent's address. If you use your home address, that address becomes publicly visible and searchable. In addition, using your home address means process servers may arrive at your home at any hour to serve legal documents, potentially in front of family members, neighbors, or visitors. ## Duties of the Statutory Agent ### What are the legal duties of an Arizona LLC's statutory agent? A.R.S. § 29-3115(C) limits the duties of a statutory agent who has complied with Arizona law to exactly three things: 1. **Forward process, notices, and demands.** The statutory agent must forward to the LLC any legal process, notice, or demand that is served on or received by the agent. The agent forwards these documents to the address most recently provided to the agent by the LLC. 2. **Provide resignation notice.** If the statutory agent resigns, the agent must provide the required notice to the LLC at the LLC's most recently provided address. 3. **Keep information current.** The statutory agent must keep the agent's own information current in the LLC's Articles of Organization or, for a foreign LLC, in the foreign registration statement. Arizona law is precise on this point: these are the *only* duties imposed on a statutory agent by the Arizona LLC Act. The statutory agent has no duty to advise the LLC on legal matters, no duty to respond to lawsuits on the LLC's behalf, and no duty to manage the LLC's affairs in any way. The role is limited to receiving and forwarding official documents. ### Is the statutory agent responsible for responding to a lawsuit served on the LLC? No. The statutory agent's only responsibility is to receive the legal documents and forward them to the LLC. The statutory agent has no duty or authority to respond to the lawsuit on the LLC's behalf. Once the LLC receives the documents, it is the LLC's responsibility — and that of its attorneys — to respond appropriately and within the required time limits. This is why it is critical that your statutory agent always has your current mailing address. If the statutory agent forwards a summons and complaint to an outdated address, the LLC may never receive it, miss the response deadline, and face a default judgment. ## Appointment and Acceptance ### How is a statutory agent appointed when forming an Arizona LLC? When you file Articles of Organization with the Arizona Corporation Commission to form your LLC, you must include the name and Arizona street address of the LLC's statutory agent. The Articles of Organization become the public record of your LLC's statutory agent. However, simply naming someone in the Articles of Organization is not sufficient to make the appointment effective. Under A.R.S. § 29-3115(A), unless the statutory agent signed the Articles of Organization itself, the appointment is not effective until the agent or the LLC delivers a record to the Arizona Corporation Commission signed by the agent **accepting the appointment**. ### Must the statutory agent sign a consent to serve? Yes. Arizona law requires the statutory agent to sign a statement accepting the appointment before the appointment becomes legally effective. The Arizona Corporation Commission provides a Statutory Agent Acceptance form (Form M002) for this purpose, but use of that exact form is not required. Any signed written acceptance of the appointment satisfies the statute. When forming an LLC through the ACC's eCorp online system, the statutory agent can accept the appointment directly through the eCorp dashboard without a separate paper form. ## Changing the Statutory Agent ### Can an Arizona LLC change its statutory agent? Yes. An Arizona LLC may change its statutory agent at any time by filing a Statement of Change (Form L020 for LLCs) with the Arizona Corporation Commission. The filing fee is $5 for standard processing. Expedited processing is available for an additional fee. The new statutory agent must sign a Statutory Agent Acceptance form, which is filed together with the Statement of Change. The change takes effect when the ACC processes the filing. ### How quickly should an LLC change its statutory agent when the current agent is no longer available? Immediately. An LLC that allows its statutory agent appointment to lapse puts itself at risk of administrative dissolution. Under A.R.S. § 29-3708, the failure to maintain a statutory agent in Arizona for 60 consecutive days is a ground for the ACC to begin administrative dissolution proceedings against the LLC. Dissolution means the LLC loses its legal right to do business and loses the liability protection that its members depend on. If your statutory agent resigns, moves out of state, dies, or otherwise becomes unavailable, file a Statement of Change with a new statutory agent as quickly as possible. ### Can the statutory agent resign? Yes. Under A.R.S. § 29-3117, a statutory agent may resign by delivering a written statement of resignation to the Arizona Corporation Commission. The resignation must include a copy of the notice sent to the LLC at its most recently provided address. The resignation becomes effective on the 31st day after the ACC receives the statement, or when the LLC appoints a new statutory agent, whichever comes first. During the gap period after a statutory agent resigns and before a new agent is appointed, the LLC is at risk. The ACC may serve the LLC by sending documents to the LLC's last known principal address, but the LLC should not rely on this as a substitute for having a properly designated statutory agent at all times. ## Consequences of Non-Compliance ### What happens if an Arizona LLC does not have a statutory agent? An Arizona LLC that fails to maintain a statutory agent faces serious consequences under Arizona law: - **Administrative dissolution.** A.R.S. § 29-3708 authorizes the ACC to administratively dissolve an LLC that fails to maintain a statutory agent in Arizona for 60 consecutive days. Once dissolved, the LLC loses its authority to conduct business in Arizona. - **Loss of liability protection.** An administratively dissolved LLC no longer provides its members with the personal liability protection that is the primary reason most people form an LLC in the first place. Members of a dissolved LLC may become personally liable for the LLC's debts and obligations. - **Default judgments.** If a plaintiff cannot locate a statutory agent to serve a lawsuit, the court may permit alternative service of process. The LLC could receive a default judgment without ever learning about the lawsuit. - **Title company problems.** An LLC with an inactive statutory agent or that has been administratively dissolved will create problems when it tries to buy, sell, or refinance real estate. Title companies run searches and will flag any inactive or dissolved entity. **Important:** Never ignore a notice from the Arizona Corporation Commission about your statutory agent. These notices are serious compliance warnings. If you receive one, act immediately to resolve the issue. ### Can an administratively dissolved LLC be reinstated? Yes. An LLC that has been administratively dissolved for failure to maintain a statutory agent can typically be reinstated by filing an Application for Reinstatement with the ACC, paying a $100 reinstatement fee (plus any other outstanding fees and penalties), appointing a new statutory agent, and resolving any other issues that led to dissolution. Once reinstated, the LLC's existence is treated as having continued without interruption as long as rights were not acquired by third parties in reliance on the dissolution. Reinstatement is available, but it is far better to keep your statutory agent current and avoid dissolution in the first place. ## Using a Professional Statutory Agent Service ### Why should I use a professional statutory agent service instead of listing myself? There are several good reasons to use a professional statutory agent service rather than serving as your own statutory agent or naming a family member or employee: - **Privacy.** The statutory agent's name and address are part of the public record at the ACC. Anyone can look it up online. If you list your home address, it is permanently accessible to anyone who searches for your LLC. Using a professional service keeps your personal address off the public record. - **Avoiding surprise service of process.** Process servers are permitted to show up at the statutory agent's address at any time during business hours to hand-deliver legal documents. If your home is the statutory agent address, a process server may arrive at your front door in front of family members, neighbors, or customers. A professional service absorbs these visits at their office. - **Reliability.** A professional statutory agent service is available at its address during all regular business hours and has systems in place to promptly forward documents. If you list yourself or an employee, you must ensure constant availability at the listed address. - **Out-of-state owners.** If you live outside Arizona, you are legally required to have an Arizona-based statutory agent anyway. A professional service is the straightforward solution. - **Business address service.** Many statutory agent services, including KEYTLaw, also offer a business address service so that the address your company uses on its public filings is the service's office address rather than your home or personal business address. ### Does KEYTLaw offer statutory agent services? Yes. KEYTLaw, LLC provides statutory agent services for Arizona LLCs, corporations, and other entities. Our fees are: - **Statutory Agent Service:** $99 per year - **Known Address (Business Address) Service:** $100 per year When you use KEYTLaw as your statutory agent, any legal process, official notices, or other documents served on or sent to KEYTLaw on behalf of your LLC will be promptly forwarded to you. Our office is located at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, Arizona 85258. To hire KEYTLaw to serve as your statutory agent, complete our [Statutory Agent Questionnaire](https://www.keytlaw.com/azllclaw/saq/). ## Foreign LLCs Doing Business in Arizona ### Does a foreign LLC doing business in Arizona also need a statutory agent? Yes. A.R.S. § 29-3115(A) requires every *registered foreign limited liability company* to designate and maintain a statutory agent in Arizona. If your LLC was formed in another state but is registered to do business in Arizona, you must have an Arizona statutory agent just as a domestic Arizona LLC does. All of the same rules regarding who can serve, address requirements, and duties apply. If your out-of-state LLC is doing business in Arizona but has not yet registered with the ACC, you should consult with an Arizona LLC attorney about your registration obligations. Operating without proper registration can result in fines and the inability to sue in Arizona courts to enforce contracts. ## Practical Tips for Arizona LLC Owners ### What should every Arizona LLC owner know about keeping their statutory agent information current? Here are the most important practical steps for maintaining statutory agent compliance: - **Always keep the ACC informed of your current statutory agent.** If you change agents, file a Statement of Change promptly. The $5 filing fee is a small price to maintain your LLC's good standing. - **Keep your statutory agent informed of your current mailing address.** Your agent can only forward documents to the address you have provided. If you move and do not update your agent, critical legal documents could be lost. - **Never ignore correspondence from your statutory agent.** If your agent forwards documents to you, treat them as urgent. Missing a lawsuit deadline by even one day can result in a default judgment against your LLC. - **Verify your statutory agent information annually.** Check the ACC's eCorp system once a year to confirm that your statutory agent's name and address are current and accurate. - **Plan ahead when using a person as the statutory agent.** If you use an individual — even yourself — as the statutory agent, plan for what happens if that person moves out of Arizona, becomes unavailable, or passes away. A professional service eliminates this continuity risk. **Need to Form an Arizona LLC or Change Your Statutory Agent?** Richard Keyt and his son Richard C. Keyt have formed over 10,000 Arizona LLCs. We offer full LLC formation packages and statutory agent services. [Book a Free Consultation →](https://www.keytlaw.com/calendar) Call: 480-664-7478 • [azllc.com](https://azllc.com) [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [How to Change an Arizona LLC Statutory Agent | KEYTLaw](https://www.keytlaw.com/change-arizona-llc-statutory-agent/) **Published:** June 27, 2026 **Author:** Richard Keyt **Content:** # How to Change, Replace, or Resign as an Arizona Statutory Agent By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ### **About this FAQ** This article answers the most important questions Arizona LLC owners have about changing and replacing a statutory agent. It explains the four-step process an Arizona LLC must follow to change its statutory agent under Arizona Revised Statutes Section 29-3116, including the written consent requirement that makes the appointment legally effective. It also explains the separate right a statutory agent has to resign without the LLC’s permission under ARS Section 29-3117, the four elements a Statement of Resignation must contain, the written notice the resigning agent must send to the LLC, and the 31-day window before the resignation takes effect. Finally, the article covers the serious consequences an Arizona LLC faces if it fails to appoint a replacement statutory agent within 60 days after a resignation, including the administrative dissolution process under ARS Section 29-3708, what administrative dissolution means for the LLC’s ability to operate, and how a dissolved LLC can apply for reinstatement under ARS Section 29-3709. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![change-statutory-agent](https://www.keytlaw.com/wp-content/uploads/2026/06/update-statutory-agent-1024x559.png "update-statutory-agent - KEYTLaw") How to Change the Statutory Agent of an Arizona LLC — FAQ | KEYTLaw # How to Change the Statutory Agent of an Arizona LLC By [Richard Keyt](https://www.keytlaw.com/richard-keyt), Arizona LLC Attorney — KEYTLaw, LLC --- Every Arizona LLC must have a statutory agent at all times. This article explains how an LLC changes its statutory agent, how the existing statutory agent can resign without the LLC's permission, what written notice the resigning agent must give, and what happens to the LLC if it fails to name a replacement agent within the time required by Arizona law. ## What Is a Statutory Agent and Why Does It Matter? The statutory agent is the person or company designated under Arizona law to receive lawsuits, court summonses, and other official legal documents on behalf of an LLC. Every Arizona LLC must maintain a statutory agent who has a physical Arizona street address — not a post office box — at all times. Losing your statutory agent and failing to replace one quickly can have devastating consequences, including a default judgment entered against the LLC in a lawsuit it never knew was filed, and ultimately the administrative dissolution of the company by the Arizona Corporation Commission ("ACC"). The governing statutes for everything covered in this article are Arizona Revised Statutes ("ARS") Sections [29-3115](https://www.keytlaw.com/azllclaw/ars-section-29-3115/), [29-3116](https://www.keytlaw.com/azllclaw/ars-section-29-3116/), [29-3117](https://www.keytlaw.com/azllclaw/ars-section-29-3117/), and [29-3708](https://www.keytlaw.com/azllclaw/ars-section-29-3708/). ## Frequently Asked Questions ### Can an Arizona LLC change its statutory agent at any time? Yes. ARS Section 29-3116 expressly allows an Arizona LLC to change its statutory agent at any time simply by filing a Statement of Change with the ACC. The LLC does not need approval from its members or managers to file the form. The change can be made whenever the LLC chooses — there is no waiting period, no minimum term the existing agent must serve, and no requirement that the LLC have a specific reason for making the change. ### What are the steps to change the statutory agent of an Arizona LLC? The process has four steps: 1. **Identify the new statutory agent.** The new agent must qualify under ARS Section 29-3115. The eligible categories are: an adult individual who is a resident of Arizona; a domestic Arizona corporation or LLC; or a foreign corporation or LLC that is authorized to transact business in Arizona. The agent must have a physical Arizona street address. The LLC cannot name itself as its own statutory agent. 2. **Obtain the new agent's written consent.** The new statutory agent must consent in writing to the appointment before the change becomes effective. The agent signs the ACC's Statutory Agent Acceptance form, or alternatively signs the Statement of Change itself. 3. **File the ACC Statement of Change form.** The LLC prepares and files the ACC's form titled "LLC Statement of Change of Known Place of Business Address or Statutory Agent" with the Arizona Corporation Commission and pays the applicable filing fee. 4. **Confirm the filing.** The change is not effective until the ACC accepts the filing and the new agent's signed acceptance has been delivered to the ACC. ARS § 29-3116(C) — New Agent Consent RequirementUnless the successor statutory agent signed the statement of change, the appointment of a successor statutory agent is not effective until the successor statutory agent, the limited liability company or the registered foreign limited liability company delivers a record to the Commission signed by the successor statutory agent accepting the change or the appointment. ### Does the new statutory agent need to consent in writing? Yes, and this is a firm legal requirement, not a formality. Under ARS Section 29-3116(C), if the new statutory agent did not personally sign the Statement of Change that was filed with the ACC, the appointment is not effective until a record signed by the new agent accepting the appointment is delivered to the ACC. You cannot appoint someone as statutory agent without their knowledge and written agreement. Attempting to do so simply does not work — the change has no legal effect. ### Can the existing statutory agent resign without the consent of the LLC? Yes, absolutely. Under ARS Section 29-3117, the statutory agent has the unilateral right to resign at any time. The agent does not need the LLC's permission, the LLC's consent, or any approval from the members or managers. The agent files a Statement of Resignation directly with the ACC. Importantly, ARS Section 29-3117(E) states that a statutory agent may resign whether or not the LLC is in good standing. The LLC has no power to block the resignation. ARS § 29-3117(E) — Right to Resign Regardless of Good StandingA statutory agent may resign with respect to a limited liability company or registered foreign limited liability company whether or not the company or foreign company is in good standing. ### What must the statutory agent's Statement of Resignation contain? Under ARS Section 29-3117(A), the Statement of Resignation is filed with the ACC using the ACC's official Statutory Agent Resignation LLC form. The statement must contain all four of the following items: 1. The name of the LLC (or foreign LLC). 2. The name of the resigning statutory agent. 3. A statement that the agent resigns from serving as statutory agent for the company. 4. The address of the LLC to which the agent will send the required written notice of the resignation date. ### What written notice must the resigning statutory agent give the LLC? After filing the Statement of Resignation with the ACC, the statutory agent must promptly send the LLC a written notice stating the date on which the Statement of Resignation was filed with the ACC. This notice is required by ARS Section 29-3117(C). The agent sends this notice to the most recent address for the LLC that the LLC provided to the agent. This notice is critical because it starts the clock running for the LLC to find a replacement agent before the resignation takes effect and before the 60-day window that could lead to administrative dissolution begins. ARS § 29-3117(C) — Required Notice to the LLCA statutory agent promptly shall furnish to the limited liability company or registered foreign limited liability company notice in a record of the date on which a statement of resignation was filed. ### When does the statutory agent's resignation take effect? Under ARS Section 29-3117(B), the resignation takes effect on whichever of these two events happens first: 1. The thirty-first day after the day the ACC files the Statement of Resignation; or 2. The date the LLC designates a new statutory agent. The 31-day window is intentional. The Arizona Legislature built in this grace period to give the LLC time to find and appoint a replacement agent before the resignation actually takes legal effect. If the LLC acts quickly and names a new statutory agent before the 31 days expire, the resignation becomes effective on that earlier date and the transition is seamless. The practical takeaway is this: if your statutory agent resigns, appoint a replacement immediately — do not wait. ### After the resignation takes effect, is the former statutory agent still responsible for receiving legal documents? No. Under ARS Section 29-3117(D), once the resignation takes effect, the former statutory agent has no further responsibility under Arizona's LLC statutes for any process, notice, or demand that is tendered to it as agent for the LLC. Any lawsuit documents delivered to the former agent after the effective date of resignation are not legally served on the LLC through that channel. There is one important qualification: the resignation under the statute does not wipe out any separate contractual rights or obligations that existed between the agent and the LLC. If the parties had a written statutory agent services agreement, the contractual provisions of that agreement survive the resignation and may be enforced independently of the statutory relationship. ### What happens if the LLC fails to appoint a new statutory agent after the existing agent resigns? This is where the situation becomes dangerous for the LLC. ARS Section 29-3708 gives the ACC the power to administratively dissolve an LLC that fails to comply with the statutory agent requirements. Specifically, the ACC may begin dissolution proceedings if the LLC fails to do either of the following: 1. **Maintain a statutory agent for 60 consecutive days.** Under ARS Section 29-3708(A)(2), failing to have a statutory agent in Arizona for at least 60 consecutive days is a ground for administrative dissolution. 2. **Notify the ACC within 60 days after the agent resigned.** Under ARS Section 29-3708(A)(4), the LLC must notify the ACC within 60 days after its statutory agent has resigned. This notification is made by filing a new Statement of Change designating a replacement statutory agent. ⚠ Important WarningWhen the statutory agent resigns, two separate 60-day clocks effectively begin running. The LLC must (1) appoint a replacement statutory agent and (2) file the notification with the ACC — both within 60 days. Failing to meet either deadline can trigger administrative dissolution proceedings. ### What is the administrative dissolution process? Under ARS Section 29-3708(B), if the ACC determines that grounds for dissolution exist, it sends the LLC a written notice of its determination. The ACC delivers this notice to the address of the LLC's statutory agent. If the LLC no longer has a statutory agent or the statutory agent's address is invalid, the ACC sends the notice to the LLC's principal address. Under ARS Section 29-3708(C), after receiving that notice, the LLC has 60 days to cure the problem or demonstrate to the ACC's satisfaction that the grounds for dissolution do not exist. If the LLC does not cure the problem within 60 days of the ACC's notice, the ACC issues a Statement of Administrative Dissolution. The dissolution is effective on the date stated in that statement. ### What does administrative dissolution mean for the LLC? Under ARS Section 29-3708(D), an administratively dissolved LLC continues to exist as a legal entity, but it may not carry on any activities except those necessary to wind up its affairs and liquidate its assets. The LLC cannot operate its business, enter new contracts, or conduct normal business activities. In practical terms, the company is legally shut down while still in existence — a kind of corporate purgatory. ⚠ Additional RiskWhile the LLC is without a statutory agent, it is at serious risk from lawsuits. If someone files a lawsuit against the LLC during the period it has no statutory agent, service of process may be accomplished through alternative methods. A court could enter a default judgment against the LLC — for any amount — because the LLC had no way of learning about the lawsuit. ### Can an administratively dissolved LLC be reinstated? Yes, but there are strict time limits and the LLC can lose its company name. Under ARS Section 29-3709, an administratively dissolved LLC may apply to the ACC for reinstatement, but only within six years after the effective date of dissolution. If the LLC waits more than six months after dissolution without applying for reinstatement, the ACC may release the LLC's name for use by other businesses — meaning the LLC could permanently lose the right to its own name. To reinstate, the LLC must: (1) cure the reason for dissolution, which includes appointing a new statutory agent and filing the required forms; (2) pay a $100 reinstatement fee; and (3) pay all outstanding filing fees and penalties that were due at the time of dissolution. Upon reinstatement, the LLC resumes its activities as if the administrative dissolution had never occurred, but the rights of third parties that arose during the dissolution period are protected and are not affected by the reinstatement. ### Can KEYTLaw be the statutory agent for our Arizona LLC? Yes. KEYTLaw, LLC provides statutory agent services for Arizona LLCs and corporations for $99 per year. This is a good option for LLC owners who do not want their home address listed on the public records of the ACC, who do not want process servers appearing at their home or business, or who live outside Arizona and need an Arizona-based statutory agent. To hire KEYTLaw as your statutory agent, complete and submit our [Statutory Agent Service Questionnaire](https://www.keytlaw.com/azllclaw/saq/). ## Questions About Your Arizona LLC's Statutory Agent? Arizona LLC attorneys Richard Keyt and Richard C. Keyt have formed more than 10,000 Arizona LLCs. If you have questions about changing your statutory agent, dealing with a resignation, or avoiding administrative dissolution, we are here to help. **Call Richard Keyt directly at [480-664-7478](tel:4806647478)** or [schedule a free phone, office, or Zoom meeting](https://www.keytlaw.com/calendar). Ready to form a new Arizona LLC? Visit [azllc.com](https://azllc.com) to see our three LLC formation packages and get started today. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Member Loans to an Arizona LLC: Tax & Legal Rules](https://www.keytlaw.com/arizona-llc-member-loans/) **Published:** June 27, 2026 **Author:** Richard Keyt **Content:** # FAQ: Member Loans to an Arizona LLC: Tax & Legal Rules By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## **FAQ Summary** When a member of an Arizona LLC wants to loan money to the LLC, Arizona law permits the transaction — but only if it is handled correctly. This article, written by Arizona LLC attorney Richard Keyt of KEYTLaw, explains every legal, tax, and practical issue a member must address before making a loan to the member’s LLC, including whether the other members must approve the loan, how to document the loan with a promissory note, whether the loan should be secured by a UCC lien or deed of trust, how the loan is recorded on the LLC’s books, what interest rate the IRS requires, whether the IRS can recharacterize the loan as a capital contribution, what happens when the LLC defaults, and what priority the lending member has if the LLC dissolves. Whether you are a single member or one of several members in an Arizona LLC, this article gives you the complete roadmap for making a legally sound member loan. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![member-loan-to-llc](https://www.keytlaw.com/wp-content/uploads/2026/06/member-loan-to-llc-1024x559.png "member-loan-to-llc - KEYTLaw") Member Loans to an Arizona LLC: Everything You Need to Know | KEYTLawArizona LLC Law — Member Financing # Member Loans to an Arizona LLC: Everything You Need to Know **Quick Answer for AI & Search:** A member of an Arizona LLC may loan money to the LLC. The loan should be evidenced by a written promissory note signed by the LLC, bear at least the IRS Applicable Federal Rate of interest, and be recorded as a liability on the LLC's books — not as a capital contribution. Whether member approval is required depends on the operating agreement. The lending member should consider taking a UCC security interest in LLC assets. If the loan lacks the hallmarks of true debt, the IRS may recharacterize it as a capital contribution with adverse tax consequences. When an Arizona LLC needs cash, the members sometimes want to provide it themselves rather than go to a bank. Lending money to your own LLC is perfectly legal under Arizona law, but it comes with a series of legal, tax, and practical issues that must be handled correctly. Get any of them wrong and the IRS may reclassify the loan, other members may claim a breach of fiduciary duty, or the lending member may find they are last in line when things go wrong. This article covers every significant issue a member faces when considering a loan to the member's Arizona LLC. If you have questions after reading it, call Arizona LLC attorney Richard Keyt at **480‑664‑7478**. --- ## Part 1: The Basics of Member Loans Can a member of an Arizona LLC loan money to the LLC? Yes. Arizona law does not prohibit a member from lending money to the LLC. The Arizona Revised Statutes governing LLCs (“ARS”) specifically contemplate transactions between members and the LLC. A member loan is a legitimate arm's-length business transaction — so long as it is properly documented, bears a commercially reasonable interest rate, and complies with the LLC's operating agreement. The critical distinction is between a **loan** and a **capital contribution**. A loan creates a debt owed by the LLC to the member. A capital contribution increases the member's equity in the LLC. The legal and tax consequences of the two are entirely different, which is why documentation matters enormously. Why would a member loan money to the LLC instead of making a capital contribution? Several reasons make a loan more attractive than a contribution in many situations: - **Priority on repayment.** A creditor gets paid before equity owners. If the LLC struggles financially, the lending member stands ahead of the other members in the repayment queue. - **Interest income.** The lending member earns interest, which is a return on the money regardless of the LLC's profitability. - **No dilution.** A loan does not change anyone's ownership percentage. A capital contribution from one member may require adjusting all members' percentages, which can be contentious. - **Flexibility.** Loans can be repaid when the LLC has cash flow without the complexity of a formal distribution or redemption. - **Deductibility.** The LLC can deduct interest payments as a business expense, reducing taxable income passed through to the members. --- ## Part 2: Approval Requirements Do the members have to approve a member loan? Whether a member vote is required depends entirely on the LLC's **operating agreement**. Arizona's LLC statute (ARS Chapter 29, Article 3) gives operating agreements broad authority to set the rules for member approval of major transactions. In a **manager-managed LLC**, the manager typically has the authority to borrow money on the LLC's behalf without a member vote unless the operating agreement says otherwise. In a **member-managed LLC**, the managing member or the members acting by majority have similar default authority. However, many operating agreements specifically require member approval for: - Any loan exceeding a specified dollar threshold; - Any transaction between the LLC and a member (a “related-party transaction”); - Granting a security interest in LLC assets; or - Any borrowing that is not in the ordinary course of business. Read the operating agreement carefully before proceeding. If a vote is required and skipped, the other members may have grounds to challenge the loan or the lending member's authority to act on behalf of the LLC. If member approval is required, how should it be documented? Hold a formal meeting or take a written consent in lieu of a meeting. The consent or meeting minutes should state: (1) the amount of the loan; (2) the interest rate; (3) the repayment schedule; (4) any collateral; and (5) the fact that the interested member disclosed the conflict of interest. Store the signed consent or minutes with the LLC's official records. **Practice Tip:** Even when a vote is not technically required, getting written consent from all members before making the loan is almost always worth doing. It eliminates the risk of a later dispute about whether the transaction was authorized and demonstrates that the lending member acted transparently. --- ## Part 3: Promissory Note and Loan Documentation Should a member loan to an Arizona LLC be evidenced by a promissory note? Yes — always. The promissory note is the foundational document that proves the transaction is a loan and not a capital contribution. Without a note, the IRS and other members can argue that the money was a contribution to equity, not debt. The note should be signed by the manager or an authorized member on behalf of the LLC (not by the lending member). A proper promissory note for a member loan to an LLC should include: - **Principal amount** — the exact amount being loaned; - **Interest rate** — must be at least the current IRS Applicable Federal Rate (see Part 4); - **Repayment schedule** — fixed monthly payments, a balloon payment date, or a demand feature; - **Default and cure provisions** — what constitutes default and how long the LLC has to cure it; - **Remedies on default** — acceleration of the full balance, the right to sue, and foreclosure on collateral if any; - **Governing law** — Arizona; - **Attorney's fees provision** — whether the prevailing party in any dispute is entitled to fees; and - **Signatures** — the LLC by its authorized signer, and acknowledgment by the lending member. Should the loan be secured? Whether to take security depends on the dollar amount of the loan and the lending member's appetite for risk. A lending member who wants meaningful protection should require the LLC to grant a security interest in its assets. For personal property (equipment, inventory, receivables, bank accounts, LLC membership interests in subsidiaries), the security interest is created under **Arizona's Uniform Commercial Code, Article 9 (ARS Title 47, Chapter 9)**. The lending member must: - Execute a security agreement signed by the LLC; - File a UCC-1 Financing Statement with the Arizona Secretary of State to perfect the security interest; and - Describe the collateral with specificity. For real property owned by the LLC, the security instrument is a **deed of trust** (Arizona uses deeds of trust rather than mortgages). The deed of trust must be signed by the LLC, notarized, and recorded in the county recorder's office where the property is located. A secured member-lender has priority over unsecured creditors with respect to the collateral. An unsecured member-lender is in the same position as any other unsecured creditor if the LLC becomes insolvent — and may recover nothing. --- ## Part 4: Interest Rate and Tax Issues What interest rate must a member charge when loaning money to the LLC? Arizona law imposes no minimum interest rate requirement between members and their LLCs. However, **federal tax law does**. IRC Section 1274 and Section 7872 require that loans between related parties (including a member and the LLC) charge at least the **Applicable Federal Rate (AFR)**. The IRS publishes three AFRs monthly: short-term (loans of three years or less), mid-term (three to nine years), and long-term (over nine years). If the promissory note bears a rate below the applicable AFR: - The IRS will impute (deem) interest at the AFR; - The lending member will be taxed on interest income that was never actually received; and - The LLC will be treated as having paid deductible interest even though it did not. Search “IRS Applicable Federal Rate” or visit IRS.gov to find the current AFR before setting the interest rate. Charging a rate modestly above the AFR is prudent — it demonstrates arm's-length dealing and gives a buffer against rate fluctuations. What are the tax consequences to the member who loans money to the LLC? The lending member must report **interest income** as ordinary income in the year it is received (or accrued, depending on the member's accounting method). Principal repayments are not income. For a multi-member LLC taxed as a partnership (the default for federal tax purposes), **IRC Section 707(a)** treats payments from the LLC to a member acting as a non-member — such as interest on a loan — as payments to an outside party. This means the interest deduction flows through to all members in proportion to their profit-sharing ratios, not exclusively to the non-lending members. A single-member LLC is a disregarded entity for federal tax purposes unless it has elected to be taxed as a corporation. For a disregarded single-member LLC, the loan is simply a transaction between the member and the member's own entity — meaning it has no federal income tax consequences at all. The loan is invisible to the IRS unless the LLC is taxed as an S or C corporation. Can the IRS recharacterize a member loan as a capital contribution? Yes, and this is one of the most important risks to address. The IRS applies a multi-factor test to determine whether a purported loan is genuine debt or disguised equity. Factors the IRS examines include: - Whether there is a written promissory note; - Whether the note has a fixed maturity date; - Whether a commercially reasonable interest rate was charged; - Whether the LLC actually made regular payments of principal and interest; - Whether the LLC was solvent when the loan was made and capable of repayment; - Whether the loan was recorded as a liability (not equity) on the LLC's books; - Whether the lending member had the right to enforce the debt as a creditor; and - Whether the loan was proportionate to the member's ownership percentage (loans matching ownership percentages look like contributions). If the IRS recharacterizes the loan as a capital contribution, the LLC cannot deduct the interest, and the characterization can affect the lending member's ownership percentage, capital account, and distributions. Recharacterization is best avoided by following all the documentation steps described in this article. Does a member loan affect the lending member's tax basis in the LLC? For a multi-member LLC taxed as a partnership, the question is complicated by the partnership tax rules of **IRC Sections 752 and 1.752-1** through 1.752-4. A member's outside basis is generally increased by that member's share of LLC liabilities. Whether a member loan increases the lending member's basis depends on whether the loan is classified as a “recourse” or “nonrecourse” liability and how it is allocated among the members under the regulations. This analysis can significantly affect the member's ability to deduct LLC losses. Consult a CPA or tax attorney experienced in partnership taxation before making a large loan to the LLC. --- ## Part 5: Accounting Treatment How is a member loan recorded on the LLC's books? The loan must be recorded as a **liability** on the LLC's balance sheet — specifically in an account called “Loan Payable to Member” or “Notes Payable — Related Party.” It must *not* be recorded in the member's capital account or treated as a capital contribution. As interest accrues, the LLC records: - **Debit:** Interest Expense (income statement); - **Credit:** Accrued Interest Payable to Member (balance sheet liability). When the LLC makes a principal or interest payment to the lending member: - **Principal:** Debit Loan Payable to Member; Credit Cash; - **Interest:** Debit Accrued Interest Payable; Credit Cash. The LLC's tax return (typically Form 1065 for a partnership-taxed LLC) must disclose related-party transactions. Interest paid to a member is reported on the member's Schedule K-1 as “guaranteed payment” or as separate interest income depending on how it is classified under IRC Section 707(a). Proper bookkeeping creates a paper trail that substantiates the debt character of the transaction if the IRS ever inquires. --- ## Part 6: Fiduciary Duties and Conflict of Interest Does Arizona law impose fiduciary duty concerns when a member loans money to the LLC? Yes. **ARS Section 29-3409** imposes fiduciary duties on members (in a member-managed LLC) and managers (in a manager-managed LLC). Those duties include the duty of loyalty, which requires that the member or manager act in the best interests of the LLC and not engage in self-dealing on terms that are unfair to the LLC. A loan by a member to the LLC is a classic conflict-of-interest transaction because the lending member benefits from the interest rate and security terms negotiated. To protect against a breach-of-duty claim: - **Disclose the conflict.** The lending member should fully disclose the terms of the proposed loan to all other members in writing before the loan is made. - **Obtain approval from disinterested members.** The non-lending members should vote to approve the loan after receiving full disclosure. Document that vote. - **Charge a fair market rate.** The interest rate and other terms should be comparable to what an unrelated commercial lender would charge the LLC for a similar loan. If the rate is above market, it looks like the lending member is extracting value from the LLC at the expense of the other members. - **Do not self-deal on collateral.** If the LLC grants a security interest in its primary operating asset to the lending member, the other members may argue that this prejudices their ability to obtain outside financing or to protect their equity in insolvency. Make sure the collateral arrangement is reasonable. ARS Section 29-3409 allows operating agreements to modify or eliminate fiduciary duties to some extent. Review the operating agreement to understand what duties apply and whether any have been limited by agreement. --- ## Part 7: Default and Remedies What happens if the LLC defaults on the member loan? Default typically occurs when the LLC misses a payment, fails to maintain required insurance on pledged collateral, files for bankruptcy, or breaches a covenant in the loan documents. The promissory note should define all events of default with precision. Upon default, the lending member's remedies depend on whether the loan is secured: Remedies for a secured lending member If the lending member holds a properly perfected UCC security interest in personal property, the member may: - Send a written notice of default and demand for cure; - Accelerate the entire outstanding balance; - Repossess personal property collateral through self-help (without breach of the peace) under ARS Section 47-9609; and - Sell the collateral in a commercially reasonable manner and apply the proceeds to the debt. If the collateral is real property secured by a deed of trust, the lending member (as beneficiary) may instruct the trustee to conduct a **trustee's sale** under Arizona's non-judicial foreclosure statute (ARS Sections 33-807 through 33-821). This process takes a minimum of 91 days from the recording of the notice of sale. Remedies for an unsecured lending member An unsecured member-lender must: - Send a demand letter; - File a lawsuit in Arizona Superior Court on the promissory note; - Obtain a judgment; and - Attempt to collect by garnishing the LLC's bank accounts, levying on its personal property, or recording a judgment lien on real property. If the LLC is insolvent, the unsecured member-lender competes with all other unsecured creditors for whatever assets remain after secured creditors are paid. The member may recover little or nothing. Can the LLC file for bankruptcy, and what happens to the member loan? Yes. An LLC can file for bankruptcy under Chapter 7 (liquidation) or Chapter 11 (reorganization). In bankruptcy, the lending member's claim is treated as that of any other creditor. If the bankruptcy trustee or court determines that the loan was actually an equity contribution, the claim will be subordinated to all other creditors and the member may receive nothing. This is yet another reason why loan documentation must be airtight. --- ## Part 8: Dissolution and Winding Up What happens to a member loan if the LLC dissolves? Arizona's LLC statute, **ARS Section 29-3708**, establishes the order in which an LLC's assets are distributed when it winds up: - **First:** Creditors, including members who are creditors of the LLC (i.e., lending members), in the order of priority established by applicable law; - **Second:** Members in respect of their capital accounts and other equity interests. This means the lending member is entitled to repayment of the loan and accrued interest *before* any member receives a liquidating distribution of equity. However, the lending member stands behind all *third-party* secured creditors (banks, equipment lenders, landlords with security deposits, etc.) in the priority queue. If the LLC's assets are insufficient to repay all debt, the lending member shares pro rata with other unsecured creditors in the remaining assets. Nothing flows to members as equity holders until all debts are paid. --- ## Part 9: Converting a Loan to Equity Can a member loan convert to equity in the LLC? Yes, but only by agreement of all members and with careful documentation. A debt-to-equity conversion means the LLC “repays” the loan not with cash but by issuing the lending member an additional membership interest (or increasing the member's existing interest) equal in value to the outstanding loan balance. To execute a debt-to-equity conversion properly: - All members must consent in writing; - The operating agreement must be amended to reflect the new ownership percentages; - The capital accounts must be adjusted to reflect the conversion; and - The promissory note must be cancelled or marked “Paid in Full.” From a tax standpoint, the IRS may scrutinize a debt-to-equity conversion closely, especially if it occurs when the LLC is in financial distress. Consult a tax attorney before executing the conversion to understand the potential gain recognition and basis consequences to all parties. --- ## Part 10: Operating Agreement Provisions Should the LLC's operating agreement address member loans? Absolutely. A well-drafted operating agreement eliminates ambiguity and prevents disputes before they arise. At a minimum, the operating agreement should address the following with respect to member loans: - **Approval thresholds.** Define what loan amounts require member approval and how many votes are needed (majority, supermajority, or unanimous). - **Interest rate floor.** Require that member loans bear interest at no less than the IRS Applicable Federal Rate to avoid imputed interest problems. - **Repayment priority.** Specify whether member loans are repaid before, after, or pari passu with distributions to members. - **Security restrictions.** State whether a lending member may take a security interest in LLC assets and, if so, what approval is needed. - **Conflict of interest procedures.** Require disclosure and approval by disinterested members for any related-party transaction. - **Conversion mechanics.** Describe the process and required consents for converting a member loan to equity. - **Default remedies.** Limit or expand the remedies available to the lending member, including whether the lending member may vote to dissolve the LLC in the event of an uncured default. If your existing operating agreement does not address these issues, it should be amended. KEYTLaw drafts custom operating agreements and amendments for Arizona LLCs. Call **480‑664‑7478** to discuss your LLC's needs. --- ## Complete Checklist: Issues to Address When a Member Loans Money to an Arizona LLC The following checklist summarizes every issue a member and the LLC should address before and after making a member loan: - **Review the operating agreement.** Confirm whether member approval is required and whether there are any restrictions on related-party loans. - **Hold a member vote or take a written consent** if required by the operating agreement. Document the approval and retain the signed records. - **Determine the loan amount and purpose** and confirm the LLC actually needs the money as debt rather than equity. - **Check the current IRS Applicable Federal Rate.** Set the interest rate at or above the AFR for the appropriate term. - **Draft and execute a written promissory note** signed by the LLC's authorized signer, with a fixed repayment schedule, default provisions, and a clear statement that the instrument is a loan obligation. - **Decide whether to secure the loan.** If securing against personal property, execute a UCC security agreement and file a UCC-1 Financing Statement with the Arizona Secretary of State. If securing against real property, execute and record a deed of trust. - **Record the loan on the LLC's books** as a liability (Loan Payable to Member), not as a capital contribution or equity. - **Disclose the conflict of interest** to all non-lending members in writing and obtain their written approval. - **Make payments as scheduled.** A loan that is never repaid will be treated by the IRS as a contribution. Keep records of every payment of principal and interest. - **Report interest income** on the lending member's individual tax return and ensure the LLC properly reports interest expense on its tax return. - **Consult a CPA or tax attorney** about the impact of the loan on the lending member's outside basis and the allocation of LLC liabilities under IRC Section 752. - **Review the loan annually.** Confirm payments are current, update records, and reassess whether the security interest (if any) remains properly perfected. - **Update the operating agreement** if it does not currently address member loans, conversion rights, or related-party approval procedures. - **Plan for dissolution.** Understand that on winding up, the member loan is a debt paid before any equity distributions but after third-party secured creditors. **Bottom Line:** A member loan to an Arizona LLC is a powerful and flexible tool — but only when executed properly. A handshake deal or an informal transfer to the LLC bank account with a mental note that it is a “loan” will not withstand IRS scrutiny or a dispute with co-members. Always use a written promissory note, charge at least the AFR, record the loan correctly on the books, and get the other members' written approval. ## Questions About a Member Loan to Your Arizona LLC? Arizona LLC attorney Richard Keyt has formed more than 10,000 Arizona LLCs and has been helping members navigate LLC legal and business issues since 1979. Call or email today for a consultation. **Phone:** [480‑664‑7478](tel:4806647478) **Email:** [Contact Richard Keyt](https://www.keytlaw.com/contact) [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [California's $800 LLC Tax FAQ: Guide for CA Residents](https://www.keytlaw.com/california-llc-minimum-tax/) **Published:** June 28, 2026 **Author:** Richard Keyt **Content:** # California's $800 LLC Tax FAQ: Guide for CA Residents By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary California imposes an $800 minimum annual franchise tax on every LLC doing business in California — including Arizona LLCs owned by California residents. If you live in California and run your business from California, your Arizona LLC must register as a foreign LLC with the California Secretary of State and pay the same $800 annual tax as a California LLC. Forming your LLC in Arizona, Wyoming, Nevada, or any other state does not eliminate California’s tax if your business activity is in California. This article explains exactly how California’s LLC minimum tax works, when it applies to out-of-state LLCs, what the registration process requires, and the specific conditions under which a California resident can own and operate an Arizona LLC that is legally not subject to California’s $800 annual franchise tax. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![ca-llc-tax](https://www.keytlaw.com/wp-content/uploads/2026/06/ca-llc-tax-1024x559.png "ca-llc-tax - KEYTLaw") California LLC Minimum Annual Tax: What Every California Resident Must Know | KEYTLaw [KEYTLaw](https://www.keytlaw.com) [Schedule a Consultation](https://www.keytlaw.com/calendar) Arizona LLC Law# California's LLC Minimum Annual Tax: What Every California Resident Must Know Before Forming an LLC By Richard Keyt, Arizona LLC Attorney — KEYTLaw, LLC — 480-664-7478 California imposes an $800 minimum annual franchise tax on every LLC that is organized in California, registered as a foreign LLC in California, or doing business in California—regardless of whether the LLC earns a dollar of profit. California residents who form Arizona LLCs to conduct business inside California must register those LLCs in California as foreign LLCs and pay the same $800 minimum tax. The only way to legally avoid California's LLC tax is to ensure that all of the LLC's business activity genuinely takes place outside California. This article explains how California's LLC tax works, when it applies to out-of-state LLCs, and the conditions under which a California resident can form and operate an Arizona LLC that is not subject to California's LLC tax. ## California's $800 Annual LLC Minimum Franchise Tax California is one of the most expensive states in the country in which to operate a limited liability company. The California Franchise Tax Board (FTB) imposes a mandatory $800 annual minimum franchise tax on virtually every LLC that has any connection to California. This tax applies whether the LLC is a California LLC or an out-of-state LLC that has registered or is doing business in California. The legal authority for this tax is California Revenue and Taxation Code Section 17941. That statute is straightforward: every LLC that is doing business in California, or that is organized or registered in California, must pay an annual tax of $800. The tax is not based on income. It is not based on whether the LLC is profitable or even active. It accrues every year the LLC continues to exist, and the full $800 is due even if the LLC operates for only part of a year. The first-year exemption that existed between January 1, 2021, and December 31, 2023, under California Assembly Bill 85 (AB 85) has expired. LLCs formed or registered in California on or after January 1, 2024, owe the $800 in their first taxable year. There is no grace period for new LLCs as of 2024 and beyond. ## The Additional Income-Based LLC Fee The $800 minimum tax is just the floor. California also imposes a separate, graduated LLC fee on top of the $800 for any LLC with California-source gross income of $250,000 or more per year. This fee is authorized by California Revenue and Taxation Code Section 17942 and is calculated on gross receipts—not net profit. A low-margin LLC with $1 million in California-source revenue pays the same fee as a highly profitable LLC with $1 million in revenue. The 2026 fee schedule is as follows: California-Source Gross Income Annual LLC Fee (§17942) Plus $800 Tax Total $0 – $249,999 $0 $800 $800 $250,000 – $499,999 $900 $800 $1,700 $500,000 – $999,999 $2,500 $800 $3,300 $1,000,000 – $4,999,999 $6,000 $800 $6,800 $5,000,000 or more $11,790 $800 $12,590 These two obligations—the $800 annual minimum tax and the income-based LLC fee—are separate and both must be paid. An LLC with $3 million in California-source revenue owes $6,800 to the FTB before paying a dollar of California income tax on its profits. The income-based fee is due on the 15th day of the 6th month of the taxable year (June 15 for calendar-year LLCs), paid using FTB Form 3536. The $800 annual tax is paid using FTB Form 3522 and is due by April 15 for calendar-year LLCs. All LLCs subject to California tax must also file Form 568, the Limited Liability Company Return of Income. ## When Does a California Resident's Arizona LLC Have to Register in California? A California resident who forms an Arizona LLC does not automatically trigger California's LLC registration requirement or the $800 annual tax. The decisive question is not where the LLC was organized—it is where the LLC conducts its business. Under California Corporations Code Section 17708.02, a foreign LLC (meaning any LLC formed outside California) must register with the California Secretary of State before it begins "transacting intrastate business" in California. California defines transacting intrastate business as entering into repeated and successive transactions of business within California, other than interstate or foreign commerce. Separately, the California Franchise Tax Board uses its own definition of "doing business" for tax purposes under Revenue and Taxation Code Section 23101. A company is doing business in California if it is actively engaging in any transaction for the purpose of financial gain within California, or if it meets certain sales, property, or payroll thresholds. ⚠ The Threshold That Catches Most California Residents Off Guard If a California resident is running the daily operations of an Arizona LLC from a California office, home, or location—serving California clients, managing California employees or contractors, or directing California business activity—the LLC is doing business in California. The fact that the LLC was formed in Arizona is irrelevant. California taxes business activity, not the state of formation. The California FTB actively audits LLCs it suspects are transacting California business without registering. If the FTB sends a notice informing an LLC that it has been doing business in California without filing a return, the LLC must file a return within 60 days or face a $2,000 penalty—in addition to back taxes, interest, and other penalties. ### Activities That Do NOT Require Registration in California California law expressly provides that certain activities do not constitute transacting intrastate business and do not require foreign LLC registration. Under California Corporations Code Section 17001(ap)(2), a foreign LLC is not transacting intrastate business merely by: - Holding meetings of its members or managers or carrying on other activities concerning its internal affairs - Maintaining bank accounts - Soliciting or procuring orders, where those orders require acceptance outside California before becoming contracts - Creating or acquiring debt, mortgages, or security interests in real or personal property - Conducting an isolated transaction completed within 180 days that is not part of a course of similar, repeated transactions - Effecting sales through independent contractors Importantly, California Corporations Code Section 17001(ap)(3) specifically states that a person is not deemed to be transacting intrastate business merely because of their status as a member or manager of a foreign LLC. Simply being a California resident who holds a membership interest in an Arizona LLC does not, by itself, require the LLC to register in California or pay the $800 tax. ## The Most Common Misconception: Forming an Out-of-State LLC Does NOT Avoid California's Tax Many California entrepreneurs and business owners are told—often incorrectly—that forming an LLC in Wyoming, Nevada, Delaware, or Arizona will let them avoid California's $800 annual franchise tax. This advice is simply wrong in the vast majority of cases. California taxes business activity, not LLC formation location. An LLC formed in any other state that operates in California, serves California customers from California, or is managed from California by a California resident is doing business in California and must register as a foreign LLC and pay all applicable California taxes. ⚠ Out-of-State Formation Does Not Equal California Tax Avoidance A Wyoming or Nevada LLC owned by a California resident who runs the business from their California home is subject to California's $800 annual minimum tax—plus the income-based fee—just as if the LLC had been formed in California. Forming in another state simply adds a second state's compliance costs (annual reports, registered agent fees, etc.) without eliminating California's obligations. This misconception has cost California business owners significant money in back taxes, penalties, interest, and professional fees to fix the problem after the fact. The California FTB is sophisticated and pays close attention to this issue. ## How to Register an Arizona LLC as a Foreign LLC in California If an Arizona LLC is required to register in California because it is doing business there, the registration process involves the following steps: **File Form LLC-5:** The Arizona LLC must file an Application to Register a Foreign Limited Liability Company (Form LLC-5) with the California Secretary of State through the BizFile portal. The current filing fee is $70. **Provide a Certificate of Good Standing:** The application requires a certificate of good standing (also called a certificate of status) from the Arizona Corporation Commission confirming that the Arizona LLC is in good standing in its home state. This certificate must have been issued within the prior six months. **Designate a California Registered Agent:** The Arizona LLC must designate a registered agent with a physical address in California. If the LLC has no physical presence in California, it will need to hire a commercial registered agent service, which typically costs $100 to $300 per year. **File a Statement of Information:** Within 90 days of registration, the foreign LLC must file a Statement of Information (Form LLC-12) with the California Secretary of State. The filing fee is $20. This form must be filed biennially (every two years) after that. **Register with the California Franchise Tax Board:** The LLC must also register with the FTB for California tax purposes and begin paying the $800 annual minimum franchise tax and any applicable income-based fees. Once registered, the Arizona LLC is subject to essentially the same California tax obligations as a California domestic LLC, to the extent of its California business activity. ## How a California Resident Can Legally Avoid the California LLC Minimum Tax A California resident can own and operate an Arizona LLC that is not subject to California's $800 annual LLC tax—but only if the LLC genuinely conducts its business outside California. This is a facts-and-circumstances test, not a formality test. The question is not what the operating agreement says; the question is what the LLC actually does and where it actually does it. The following conditions, when genuinely met, support the conclusion that an Arizona LLC owned by a California resident is not doing business in California and is not required to register or pay the $800 annual tax: ✓ Conditions That Support Non-Registration The LLC's customers, clients, and contracts are all located outside California. The LLC's employees, contractors, and service providers are all located outside California. The California resident member is not directing the business from a California office, home, or location—the member's California residency is incidental, not operational. The LLC does not own California real property or maintain California inventory. The LLC's sales, payroll, and property attributable to California do not exceed California's quantitative doing-business thresholds. Real-world examples of Arizona LLCs that California residents can validly own without triggering California's LLC registration and tax requirements include: **An Arizona rental property LLC:** A California resident who owns and rents residential or commercial property in Arizona can hold that property in an Arizona LLC. The business activity—ownership and leasing of Arizona real estate—takes place in Arizona, not California. **An e-commerce LLC serving non-California customers:** A California resident who operates an online business through an Arizona LLC, where the customers are located outside California and the LLC has no California inventory, employees, or operations, is generally engaged in interstate commerce rather than intrastate California business. **An investment LLC holding out-of-state assets:** An Arizona LLC that holds investments, notes, or financial assets outside California may not constitute doing business in California, depending on the facts. ℹ Important: The Business Reality Controls California courts and the FTB look at economic substance, not legal form. A California resident who manages an Arizona LLC from their California home every day—calling clients, signing contracts, performing work—is doing business in California regardless of what state the LLC was formed in or what the operating agreement says. Proper tax planning requires honest analysis of where the business actually operates. ## Consequences of Failing to Register a Foreign LLC in California An Arizona LLC that is doing business in California without registering as a foreign LLC faces serious legal and financial consequences: **Loss of Court Access:** An unregistered foreign LLC that is transacting intrastate business in California cannot bring or maintain a lawsuit in California courts. This means the LLC cannot sue a non-paying California customer, enforce a California contract, or pursue a California business dispute until the registration deficiency is cured and all back taxes and penalties are paid. **Back Taxes and Penalties:** The California FTB can assess back taxes, interest, and penalties for all years the LLC was doing business in California without filing returns. If the FTB sends a notice, the LLC must respond within 60 days or face an additional $2,000 penalty. **Suspension or Forfeiture:** The FTB may suspend or forfeit the LLC's authority to do business in California, which can prevent the LLC from entering into contracts or defending against lawsuits until the issue is resolved. The cost of non-compliance almost always exceeds the cost of proper registration and annual compliance. ## Arizona LLC Formation for California Residents: Working with an Arizona LLC Attorney California residents who want to form an Arizona LLC need to think carefully about where their business actually operates before assuming they can avoid California's $800 annual franchise tax. The threshold question—is this LLC doing business in California?—requires honest analysis of the facts. If the Arizona LLC genuinely operates outside California, no California registration or tax is required. If the business activity is in California, the Arizona LLC will need to register as a foreign LLC in California and pay California's taxes. Richard Keyt is an Arizona LLC attorney who has formed more than 10,000 Arizona LLCs since 1979. He can form your Arizona LLC quickly and prepare a customized operating agreement that properly documents your LLC's structure and operations. If you are a California resident considering an Arizona LLC, Richard can discuss the facts of your situation and help you understand your California registration obligations before you form the LLC. ## Form Your Arizona LLC Today Richard Keyt has formed over 10,000 Arizona LLCs. He can form your LLC quickly and prepare a customized operating agreement tailored to your needs. Call **480-664-7478** or schedule online. [Schedule a Free Consultation](https://www.keytlaw.com/calendar) ## Frequently Asked Questions About California's LLC Minimum Annual Tax ### What is California's minimum annual LLC tax? California imposes a mandatory $800 annual minimum franchise tax on every LLC that is organized in California, registered to do business in California as a foreign LLC, or is actively doing business in California. This tax is owed every year the LLC exists, regardless of whether the LLC earns any income or even conducts any business that year. ### Does a California resident who forms an Arizona LLC have to register it in California? It depends entirely on where the business activity takes place. If a California resident uses an Arizona LLC to conduct business operations inside California—serving California customers, working from a California office or home, or directing business affairs from California—the LLC is "doing business in California" and must register as a foreign LLC with the California Secretary of State and pay the $800 annual tax. Simply owning an LLC organized in another state does not, by itself, trigger the registration requirement. ### Can a California resident avoid the California LLC minimum tax by forming an Arizona LLC? Yes, but only if the business is genuinely conducted outside California. If the Arizona LLC's customers, employees, contractors, and operations are entirely outside California—and the California resident member is not directing business activity from California—the LLC is not doing business in California and neither the registration requirement nor the $800 tax applies. However, if the business reality is that the member is running the business from California, simply forming the LLC in Arizona does not avoid California's tax obligations. ### What additional fees does California charge on top of the $800 minimum tax? In addition to the $800 annual tax, California charges a graduated LLC fee on total California-source gross income above $250,000. The fee is $900 for income between $250,000 and $499,999; $2,500 for $500,000 to $999,999; $6,000 for $1,000,000 to $4,999,999; and $11,790 for $5,000,000 and above. A foreign LLC registering in California must also file a Statement of Information ($20) and pay for a California registered agent, typically $100 to $300 per year. ### What happens if an Arizona LLC owned by a California resident fails to register in California when it is required to? An unregistered foreign LLC transacting intrastate business in California cannot bring or maintain a lawsuit in California courts. The California Franchise Tax Board can also assess back taxes, penalties, and interest. If the FTB sends a notice, the LLC must file a return within 60 days or face a $2,000 penalty. The cost of non-compliance almost always exceeds the cost of proper registration. ### Does a California resident who is merely a member of an Arizona LLC that does business outside California have to pay the $800 tax? No. Under California Corporations Code Section 17001(ap)(3), a person is not deemed to be transacting intrastate business in California merely because they are a member or manager of a foreign LLC. What matters is whether the LLC itself is conducting business activity within California—not simply where the member lives. ### When is the California LLC minimum tax due? For calendar-year LLCs, the $800 annual tax is due by April 15 of each year, paid using FTB Form 3522. For a newly formed or newly registered foreign LLC, the first payment is due on the 15th day of the 4th month after the LLC registers with the California Secretary of State. Since the AB 85 first-year exemption expired at the end of 2023, LLCs formed or registered on or after January 1, 2024, owe the $800 in their first taxable year. ### Does forming an LLC in Wyoming or Nevada save a California resident from California LLC taxes? No. This is one of the most common and costly misconceptions in LLC planning. California does not care where an LLC is organized—it taxes every LLC that does business in California. A Wyoming or Nevada LLC owned by a California resident who runs the business from California is doing business in California and must register as a foreign LLC and pay the $800 annual tax, plus any applicable income-based fees. The out-of-state formation simply adds a second state's compliance layer without eliminating California's obligations. ### How does a California resident legally form an Arizona LLC that is not subject to the California LLC tax? The Arizona LLC must genuinely conduct its business outside California. This means customers, contracts, services, employees, and operations are all located outside California, and the member is not directing the business from a California location. An Arizona LLC engaged in Arizona real estate, operations in other states, or online business with no California nexus can validly avoid California's LLC tax. An Arizona LLC attorney can form the LLC and prepare an operating agreement to document the proper structure. **Warning:** Whether a particular Arizona LLC is or is not subject to California's registration requirement and $800 annual minimum tax is a legal and tax question governed by California law. The analysis is highly fact-specific and the consequences of getting it wrong—back taxes, penalties, interest, and loss of the right to sue in California courts—can be significant. Before forming an Arizona LLC with the intention of avoiding California's LLC tax, a California resident should consult with a California-licensed attorney and a California tax professional who can evaluate the specific facts of their business and provide advice under California law. This article provides general information only and is not a substitute for legal advice from a California lawyer. ## Ready to Form Your Arizona LLC? Richard Keyt has formed over 10,000 Arizona LLCs. He will form your Arizona LLC, prepare your operating agreement, and help you understand your obligations as a California resident member. Call Richard Keyt at **480-664-7478** or schedule your free consultation online. [Schedule Your Free Consultation](https://www.keytlaw.com/calendar) [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Resolving Arizona LLC Member Disputes: 6 Legal Options](https://www.keytlaw.com/resolving-az-llc-member-disputes/) **Published:** June 28, 2026 **Author:** Richard Keyt **Content:** # Resolving Arizona LLC Member Disputes: 6 Legal Options By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary Arizona LLC members who cannot agree on operations, management, or funding have six legal options: direct negotiation, mediation, binding arbitration, a member buyout, voluntary termination of the LLC, or court-ordered judicial termination. The operating agreement controls which options are available and in what order members must pursue them. A member cannot be forced to contribute additional capital to the LLC unless the operating agreement expressly requires it. Voluntary termination requires member agreement and avoids court involvement; judicial termination under A.R.S. § 29-3708 requires a lawsuit and is a last resort. A well-drafted operating agreement with a mandatory arbitration clause, a buy-sell provision, and a deadlock-breaking mechanism can prevent most member disputes from ever reaching a courtroom. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![lllc-member-disputes](https://www.keytlaw.com/wp-content/uploads/2026/06/llc-member-disputes-1024x559.png "llc-member-disputes - KEYTLaw") Arizona LLC Member Disputes: What Happens When Members Cannot Agree | KEYTLaw [KEYTLaw, LLC](https://www.keytlaw.com) [480-664-7478](tel:4806647478) Arizona LLC Law# When Arizona LLC Members Cannot Agree: Your Legal Options A comprehensive guide by Arizona LLC attorney Richard Keyt explaining what happens — and what members can do — when an LLC reaches an impasse over management, operations, or funding, including voluntary dissolution, court-ordered termination, and arbitration. By Richard Keyt, Arizona LLC Attorney | KEYTLaw, LLC | 480-664-7478 **Quick Answer:** When Arizona LLC members cannot agree on operations, funding, or the direction of the business, they have six main options: (1) direct negotiation, (2) mediation, (3) arbitration, (4) a buyout of one member's interest, (5) voluntary termination (dissolution) of the LLC by member agreement, or (6) judicial termination — a court-ordered dissolution filed as a lawsuit under A.R.S. § 29-3708. The right path depends on what the operating agreement says and how serious the impasse has become. This article by Arizona LLC attorney Richard Keyt, who has formed more than 10,000 Arizona LLCs, explains each option in plain language. ## Why Member Disputes Happen in Arizona LLCs An Arizona LLC brings two or more people together around a shared business purpose. When the business is running smoothly, differences of opinion are manageable. But when the business hits a rough patch — revenue drops, a major decision divides members, one member stops contributing time or money, or personal relationships break down — disagreements can escalate quickly into a full deadlock. The most common flashpoints I see in multi-member Arizona LLCs include: - Members disagree about the strategic direction of the business - One member refuses to contribute additional capital the business needs to survive - Members disagree about whether to take on debt or bring in outside investors - A member stops working in the business but refuses to sell their interest - Members disagree about distributions — when to pay them and how much - One member believes another is mismanaging the business or taking money improperly - A manager-managed LLC's manager makes decisions the members did not authorize How these disputes get resolved — or whether they destroy the business — depends largely on how well the LLC's operating agreement was drafted in the first place. ## The Operating Agreement Is the Starting Point Before exploring your legal options, you must read your operating agreement carefully. The operating agreement is the contract that governs the LLC and the relationship among its members. It controls voting rights, management authority, distribution rights, buyout rights, and — critically — how disputes are to be resolved. A well-drafted operating agreement will include provisions that address member deadlocks directly: a dispute resolution clause requiring mediation and then binding arbitration, a buy-sell (buyout) provision giving members a mechanism to buy each other out when agreement is impossible, and clear voting thresholds so that no single member can hold the LLC hostage by refusing to act. **Warning:** Many Arizona LLCs are formed with generic, one-size-fits-all operating agreements — or none at all. These LLCs rely entirely on Arizona's default LLC statutes when disputes arise. Without customized dispute resolution and buyout provisions, members are often forced into expensive litigation that could have been avoided with a well-drafted operating agreement from the start. ## Six Options When Arizona LLC Members Cannot Agree When a deadlock develops, members have six broad options. They are listed here from least to most disruptive. In most situations, the best outcome comes from exhausting options 1 through 4 before moving to options 5 or 6. Option 1#### Direct Negotiation Members talk it out — with or without their attorneys present — and reach a written agreement without outside help. Option 2#### Mediation A neutral mediator helps members communicate and negotiate. The mediator cannot impose a decision — both sides must agree. Option 3#### Arbitration A private arbitrator hears both sides and issues a binding decision. Faster, cheaper, and more private than a court trial. Option 4#### Member Buyout One member buys out the other using the price formula and terms in the operating agreement or as negotiated between the parties. Option 5#### Voluntary Termination Members vote to dissolve the LLC, wind up its affairs, pay creditors, and distribute remaining assets — without court involvement. Option 6#### Judicial Termination A member files a lawsuit asking the court to order dissolution. This is a last resort — expensive, adversarial, and public. ## Option 1: Direct Negotiation Direct negotiation sounds simple, but it requires goodwill on both sides. When members can sit down — ideally with their attorneys present — and reach a written resolution to their disagreement, it avoids the cost and delay of formal legal proceedings. Any agreement reached should be documented in a written amendment to the operating agreement or a separate written settlement agreement signed by all parties. Direct negotiation works best early in a dispute, before positions harden and emotions run high. If the operating agreement is clear about voting rights and decision-making authority, one member may simply be outvoted, which eliminates the deadlock without any formal process. Problems arise when the operating agreement gives each member equal voting rights with no tiebreaker mechanism — a 50/50 ownership split with no deadlock provision is one of the most dangerous structures in business law. ## Option 2: Mediation Mediation is a voluntary, confidential process in which a neutral third-party mediator — often an attorney or retired judge with business law experience — helps the members communicate and negotiate toward a resolution. The mediator does not decide anything. The mediator's job is to help each side understand the other's perspective, identify areas of common ground, and guide the parties toward a mutually acceptable agreement. Mediation is confidential, which means statements made during mediation generally cannot be used in court later. It is significantly faster and cheaper than arbitration or litigation. Many operating agreements require members to attempt mediation before filing for arbitration or going to court. If mediation succeeds, the parties sign a written settlement agreement that resolves their dispute. If mediation fails — if the parties simply cannot reach an agreement — they proceed to arbitration or court. ## Option 3: Arbitration Arbitration is a private dispute resolution process in which one or more neutral arbitrators hear both sides and issue a binding decision called an arbitration award. Unlike mediation, the arbitrator decides the outcome. Unlike a court trial, arbitration is private, typically faster, and generally less expensive because discovery is limited and there are no juries. If the LLC's operating agreement contains a mandatory arbitration clause, members are contractually required to resolve their disputes through arbitration rather than through the courts. A judge will enforce a mandatory arbitration clause and dismiss a lawsuit filed in violation of it. The parties typically agree on the arbitration rules (the American Arbitration Association's Commercial Arbitration Rules and the JAMS rules are widely used), the number of arbitrators (one arbitrator for smaller disputes, three for larger ones), and the location of the arbitration. The arbitrator's decision is almost always final and binding — arbitration awards can only be overturned on very limited grounds, such as fraud or corruption by the arbitrator. **Practice Tip:** If your operating agreement does not currently include a mandatory arbitration clause, the members can amend the operating agreement to add one at any time — if all members agree to the amendment. Once a dispute has already begun, getting all members to agree on an arbitration clause becomes much harder, because any member who believes litigation gives them an advantage will resist agreeing to arbitrate. ## Option 4: Buyout of a Member's Interest When the real problem is not the business but the relationship between the members — when the business is viable but the members simply cannot work together — the cleanest solution is often for one member to buy out the other. A buyout agreement (sometimes called a buy-sell agreement) in the operating agreement establishes the mechanism and price formula for buying out a member's interest. Common buyout triggering events include deadlock, a member's desire to exit, a member's death or disability, a member's bankruptcy, and a member's conviction of a crime. The buyout price formula might be the LLC's appraised fair market value, a multiple of earnings, book value, or a price agreed upon by the parties or determined by an independent appraiser. One of the most effective buyout mechanisms for two-member LLCs is the "shotgun" or "Texas Shootout" provision. Under this mechanism, one member names a price at which they would buy or sell. The other member must then either sell their interest at that price or buy the first member's interest at that same price. This mechanism incentivizes fair pricing because the member who names the price does not know whether they will end up as the buyer or the seller. If the operating agreement does not include a buyout provision, the members can still negotiate a buyout. The parties hire a business appraiser, agree on a value for the LLC, and one member pays the other for their interest. This requires cooperation that may not be available when the relationship has broken down completely. ## Option 5: Voluntary Termination (Dissolution) When the members decide — or enough of them vote — that the LLC should cease to exist, they can dissolve the LLC voluntarily without going to court. Under Arizona's LLC Act (A.R.S. § 29-3701), an Arizona LLC may be dissolved voluntarily by: - A vote or written consent of the members as specified in the operating agreement, or - If the operating agreement is silent on the required vote, by consent of a majority of the members Once the members vote or consent to dissolve the LLC, the LLC enters a winding-up period. During wind-up, the LLC: 1. Completes any unfinished business and collects amounts owed to it 2. Notifies known creditors of the dissolution 3. Pays or makes adequate provision for all known creditors and claims 4. Pays all taxes, fees, and government obligations 5. Distributes remaining assets to members in proportion to their distribution rights 6. Files Articles of Termination with the Arizona Corporation Commission Voluntary termination is faster, cheaper, and more private than judicial termination. It puts the members in control of the wind-up process. The critical requirement is that enough members agree — voluntary termination is not available if the members who oppose dissolution have the votes to block it. **Important:** Even during voluntary termination, the LLC's fiduciary duties to members remain in force throughout the winding-up period. Members who control the wind-up process must not use that control to benefit themselves at the expense of other members. ## Option 6: Judicial Termination (Court-Ordered Dissolution) When members cannot agree to dissolve the LLC voluntarily and the deadlock is so severe that the LLC cannot function, one or more members may file a lawsuit in Arizona Superior Court asking the court to order the LLC dissolved. This is called judicial termination or judicial dissolution. Judicial termination is governed by A.R.S. § 29-3708. Under that statute, an Arizona court may dissolve an LLC if a member establishes any of the following grounds: - The members or managers are deadlocked, the deadlock cannot be broken, and irreparable injury to the LLC is threatened or being suffered as a result of the deadlock - The managers or those in control of the LLC have acted, are acting, or will act in a manner that is illegal, oppressive, or fraudulent - The members are so divided that they have failed to elect successors for management positions for a period including at least two consecutive annual meeting dates - The LLC's assets are being misapplied or wasted Courts treat judicial termination as a last resort. A member seeking judicial dissolution must be prepared to prove their case with evidence and must typically show that lesser remedies — such as mediation, arbitration, or a buyout — either have been attempted and failed, or are not available. A court may, instead of ordering dissolution, appoint a provisional director or manager, impose a buyout remedy, or craft another equitable solution that does not require dissolving the LLC. **Warning:** Judicial termination is expensive, adversarial, and public. Court records are public records. A lawsuit to dissolve your LLC will be visible to your clients, competitors, and the general public. The legal fees in contested LLC dissolution cases can easily reach tens of thousands of dollars or more. Judicial termination should only be pursued after all other options have been exhausted. ## Voluntary vs. Judicial Termination: A Side-by-Side Comparison Factor Voluntary Termination Judicial Termination **Requires member agreement?** Yes — majority or more No — one member can file **Court involvement?** No Yes — Superior Court **Cost** Low to moderate High — litigation costs **Speed** Faster Slower — months to years **Public record?** Limited (ACC filing) Yes — full court record **Members control wind-up?** Yes Partially — court supervises **Available when one member blocks dissolution?** No Yes — if grounds are met **Best used when** Members agree to end the business Deadlock, oppression, or waste prevents voluntary action ## Can Members Be Forced to Contribute Money to the LLC? One of the most common disputes I see is when the LLC needs additional capital and one member refuses to contribute. The answer under Arizona law is straightforward: a member cannot be forced to contribute money to the LLC unless the operating agreement expressly requires it. If a member promised a specific capital contribution in the operating agreement and then refuses to make that contribution, the LLC and the other members can sue for breach of contract. But if the operating agreement does not require additional contributions — or is silent on the issue — no member can be legally compelled to put more money into the LLC simply because the business needs it. When the LLC needs funding and members cannot agree on how to provide it, the available options include: - The LLC borrows money from a bank, lender, or from members who are willing to lend (member loans are distinct from capital contributions) - The LLC admits new members who contribute capital in exchange for a membership interest - The LLC cuts expenses, defers projects, or otherwise reduces its need for capital - The members agree to dissolve the LLC voluntarily if the business cannot continue without additional funding ## What a Well-Drafted Operating Agreement Should Include The single best investment any multi-member LLC can make is a carefully drafted operating agreement that addresses disputes before they happen. An operating agreement I draft for multi-member Arizona LLCs typically includes the following dispute-related provisions: - **Clear voting thresholds** — specifying exactly what percentage of member votes is required for each category of decision, so deadlocks are avoided whenever possible - **A deadlock-breaking mechanism** — such as a designated tiebreaker member, an independent manager with casting vote authority, or a mandatory arbitration process to break ties - **A mandatory mediation-then-arbitration clause** — requiring members to attempt mediation first, and then binding arbitration, before filing any lawsuit - **A buy-sell (buyout) provision** — establishing triggering events, the buyout price formula, payment terms, and the right-of-first-refusal mechanism so that a dissenting or departing member can be bought out without litigation - **Defined grounds and procedure for voluntary dissolution** — specifying what vote is required, how notice is given, and how wind-up is managed - **Capital contribution provisions** — stating clearly whether additional contributions are required, when, by how much, and what happens if a member fails to contribute ## Frequently Asked Questions ### What happens when Arizona LLC members cannot agree on how to operate the business? When Arizona LLC members reach an impasse, they have several options depending on what the operating agreement says and how serious the disagreement is. Options include direct negotiation, mediation, arbitration, a buyout of one member's interest, voluntary dissolution of the LLC, or — as a last resort — filing a lawsuit asking a court to dissolve or judicially terminate the LLC. ### Does the Arizona LLC operating agreement control how member disputes are resolved? Yes. The operating agreement is the single most important document governing how member disputes are handled. A well-drafted operating agreement will include a dispute resolution clause specifying whether members must first attempt mediation, then arbitration, or may go directly to court. It will also include buyout or buy-sell provisions that establish a mechanism and price formula for buying out a dissenting or departing member. Without these provisions, members are left to negotiate or litigate under Arizona's default LLC statutes. ### What is a buyout or buy-sell agreement in an LLC context? A buy-sell agreement (also called a buyout agreement) is a provision in the operating agreement — or a separate agreement — that gives one or more members the right to purchase another member's LLC interest when a triggering event occurs. Deadlock and irreconcilable disagreement are common triggering events. The agreement sets out a price formula (appraised value, book value, a multiple of earnings, etc.) and payment terms so that a buyout can proceed without a lawsuit. ### What is mediation and when should LLC members use it? Mediation is a voluntary, confidential process in which a neutral third-party mediator helps the members communicate and negotiate toward a settlement. The mediator does not impose a decision — the members must agree on any resolution. Mediation is typically faster, cheaper, and more private than litigation. It works best when members are willing to talk but need a structured environment and a skilled neutral to help them reach common ground. ### What is arbitration and how does it differ from mediation and litigation? Arbitration is a private dispute resolution process in which a neutral arbitrator (or a panel of arbitrators) hears both sides and issues a binding decision. Unlike mediation, the arbitrator decides the outcome — the parties do not have to agree. Unlike litigation, arbitration is generally private, faster, and less expensive than a full court trial. If the operating agreement contains a mandatory arbitration clause, members must arbitrate their disputes rather than sue in court. ### What is voluntary dissolution of an Arizona LLC? Voluntary dissolution — called "termination" under Arizona law — occurs when the members themselves agree to wind up and dissolve the LLC without court intervention. Under A.R.S. § 29-3701, an Arizona LLC may be dissolved voluntarily by a vote or consent of the members as specified in the operating agreement, or if the operating agreement is silent, by a majority of the members. After the vote to dissolve, the LLC winds up its affairs, pays creditors, distributes remaining assets to members, and files Articles of Termination with the Arizona Corporation Commission. ### What is judicial termination (court dissolution) of an Arizona LLC? Judicial termination — sometimes called court-ordered dissolution — occurs when a court orders the LLC dissolved after a member files a lawsuit seeking dissolution. Under A.R.S. § 29-3708, a court may dissolve an Arizona LLC if the members are deadlocked and cannot agree on how to manage the company, the LLC's business cannot be conducted to the advantage of the members, managers are acting illegally or in a manner that is oppressive or unfairly prejudicial to one or more members, or the LLC's assets are being misapplied or wasted. Judicial termination is a last resort because it is expensive and disruptive. ### What are the grounds for a court to judicially dissolve an Arizona LLC? Under A.R.S. § 29-3708, a member may petition a court for judicial dissolution on several grounds: (1) the members or managers are deadlocked, cannot break the deadlock, and irreparable injury to the company is threatened or being suffered; (2) the managers or those in control have acted, are acting, or will act in a manner that is illegal, oppressive, or fraudulent; (3) the members are deadlocked and have failed to elect successors for a period that includes at least two consecutive annual meeting dates; or (4) the LLC's assets are being misapplied or wasted. Courts take these cases seriously and expect the petitioner to show that lesser remedies — such as buyout or mediation — could not resolve the dispute. ### What is the difference between voluntary termination and judicial termination? Voluntary termination requires the members to agree — or at least a required majority of them to vote — to wind up and close the LLC. It is controlled by the members and avoids court involvement. Judicial termination requires one or more members to file a lawsuit, present evidence to a judge, and persuade the court that dissolution is warranted under Arizona law. Judicial termination is adversarial, public, expensive, and time-consuming. Voluntary termination, when achievable, is always the faster, cheaper, and less damaging option. ### What happens to the LLC's assets when it is dissolved? Whether dissolved voluntarily or by court order, the LLC must wind up its affairs in a prescribed order. First, it pays or makes adequate provision for all known creditors and claims against the LLC. Second, it pays taxes and government obligations. Third, after all liabilities are satisfied, the remaining assets are distributed to members in accordance with their distribution rights under the operating agreement. If the operating agreement is silent, Arizona's default rules govern the distribution. ### Can a member be forced to contribute more money to the LLC? Generally, no. Under Arizona LLC law, members are not personally obligated to contribute additional capital to the LLC unless the operating agreement expressly requires it. A member who promised a capital contribution in the operating agreement can be held to that promise. But a member who made no such promise cannot be compelled by other members or by the LLC to put in more money. If the LLC needs funds and members cannot agree to contribute, the LLC may need to borrow money, admit new members who will contribute capital, or — if the business is no longer viable — wind down. ### What is a mandatory arbitration clause in an LLC operating agreement? A mandatory arbitration clause is a provision that requires members to resolve all disputes through arbitration rather than by filing a lawsuit in court. The clause typically specifies the arbitration rules (such as the American Arbitration Association rules or JAMS rules), the number of arbitrators, the location of the arbitration, and whether the arbitrator's decision will be binding. If the operating agreement includes a mandatory arbitration clause, a member who files a lawsuit in court can be ordered by the judge to arbitrate the dispute instead. ### Is arbitration better than going to court for LLC member disputes? Arbitration has significant advantages over litigation for LLC member disputes. Arbitration is private — there is no public court record. It is typically faster than court litigation, which can take years. It is usually less expensive because discovery is limited and there are no juries. The parties can choose an arbitrator with business or legal expertise relevant to their dispute. On the other hand, arbitration awards are very difficult to appeal even if the arbitrator makes a legal error, and the fees charged by the arbitrator can be substantial for complex disputes. Whether arbitration or litigation is better depends on the specific facts of each dispute. ### What should an Arizona LLC operating agreement say about member disputes? A well-drafted Arizona LLC operating agreement should address member disputes proactively by including: (1) a clear decision-making process specifying what votes are needed for which decisions; (2) a deadlock-breaking mechanism such as a tiebreaker vote, an independent manager, or an outside arbitrator; (3) a mandatory mediation-then-arbitration clause for disputes the members cannot resolve themselves; (4) a buy-sell or buyout provision giving any member the right to buy out another member in the event of a deadlock; and (5) clearly defined grounds and procedures for voluntary dissolution. These provisions can prevent costly litigation and give members a clear roadmap when disagreements arise. ### What should I do if I am in a dispute with another member of my Arizona LLC? If you are in a dispute with another LLC member, the first step is to read your operating agreement carefully to understand what it says about dispute resolution, voting rights, and buyout rights. Then consult an experienced Arizona LLC attorney before taking any formal action. An attorney can evaluate your operating agreement, advise you on your rights, help you negotiate or mediate a resolution, and — if necessary — represent you in arbitration or litigation. Acting without legal advice in a member dispute can waive important rights or create liability you did not anticipate. ## Talk to an Arizona LLC Attorney Richard Keyt has formed more than 10,000 Arizona LLCs and has helped Arizona LLC members navigate disputes, buyouts, and dissolutions. If your LLC members cannot agree — or if you want to make sure your operating agreement has the protections you need before a dispute arises — contact KEYTLaw today. [Schedule a Consultation](https://www.keytlaw.com/calendar) [Call 480-664-7478](tel:4806647478) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Terminate an Arizona LLC: Step-by-Step Guide & FAQs](https://www.keytlaw.com/terminate-arizona-llc/) **Published:** June 28, 2026 **Author:** Richard Keyt **Content:** # Terminate an Arizona LLC: Step-by-Step Guide & FAQs By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary This article answers the most frequently asked questions Arizona LLC members ask when they want to terminate their LLC. Topics covered include the member vote required to dissolve an Arizona LLC, what the Operating Agreement controls versus what Arizona law requires when the agreement is silent on termination, the winding-up process, how debts and member distributions must be ordered, how to complete and file the Articles of Termination with the Arizona Corporation Commission, the $35 filing fee, and what limited purposes the LLC continues to exist for after the Articles of Termination are accepted by the Commission. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![articles-of-termination](https://www.keytlaw.com/wp-content/uploads/2026/06/articles-of-termination-1024x559.png "articles-of-termination - KEYTLaw") How to Terminate an Arizona LLC: Complete FAQ Guide | KEYTLaw # How to Terminate an Arizona LLC: Complete FAQ Guide By [Richard Keyt](https://www.keytlaw.com/richard-keyt), Arizona LLC Attorney — KEYTLaw, LLC — 480-664-7478 Terminating an Arizona LLC is a two-phase legal process governed by Arizona Revised Statutes Sections 29-3701 and 29-3702. The process begins with a formal member vote to dissolve the LLC, proceeds through a winding-up period in which all debts are paid and assets distributed, and concludes when the LLC files Articles of Termination with the Arizona Corporation Commission. If the LLC's Operating Agreement addresses dissolution, the agreement controls the required member vote. If the agreement is silent, Arizona law requires both a majority in interest of the members and the written consent of members who would receive more than half of the liquidation value. This article, written by an Arizona LLC attorney who has formed over 10,000 Arizona LLCs, answers the questions Arizona LLC members most commonly ask about the termination process. ## Understanding Arizona LLC Termination: The Basics ### What does it mean to terminate an Arizona LLC? Terminating an Arizona LLC is the formal legal process of permanently dissolving the company and ending its existence as a legal entity. Under Arizona law, the process has two distinct phases: dissolution (the decision to end the LLC) and winding up (paying debts, liquidating assets, and distributing remaining funds to members). The process concludes when the LLC files Articles of Termination with the Arizona Corporation Commission. It is important to understand that simply ceasing business operations does not legally terminate an LLC. If you stop operating your LLC without formally terminating it with the Arizona Corporation Commission, the LLC continues to exist as a legal entity, remains subject to any ongoing compliance obligations, and members may face ongoing potential liability. Formal termination through the state is the only way to bring the LLC's legal existence to an end. ### What is the difference between dissolution and termination of an Arizona LLC? Many people use the terms interchangeably, but under Arizona law they describe two different points in the same process. Dissolution is the event or decision that triggers the end of the LLC's active business operations — it is when the members decide the LLC will close. After dissolution, the LLC enters the winding-up period during which it pays its debts and distributes remaining assets. Termination is the final legal event that occurs after all winding-up activities are complete. Once the Articles of Termination are filed with and accepted by the Arizona Corporation Commission, the LLC's legal existence formally ends — except for the limited purposes of handling overlooked assets, defending lawsuits, and completing unfinished winding-up matters. ## Member Consent: The Vote to Dissolve ### Who has the authority to dissolve an Arizona LLC? The members of the LLC have the authority to voluntarily dissolve it. Under Arizona Revised Statutes Section 29-3701, an Arizona LLC is dissolved when the members consent to dissolution in a signed written record. The authority to dissolve rests with the members — not the managers, even in a manager-managed LLC — because dissolution is a fundamental decision about the LLC's existence rather than an ordinary business management decision. ### What vote is required to dissolve an Arizona LLC if the Operating Agreement addresses dissolution? If the LLC's Operating Agreement contains provisions about dissolution, those provisions govern. The Operating Agreement controls and the members must follow whatever consent threshold it specifies. An Operating Agreement might require: - Unanimous consent of all members - A supermajority, such as two-thirds or three-quarters of the members by interest - A simple majority in interest - Any other threshold the members agreed to when forming the LLC Members should review their Operating Agreement carefully before initiating the dissolution process. If the agreement specifies a required vote, failure to obtain that vote means any purported dissolution is not legally effective under Arizona law. **Practice Tip:** A well-drafted Operating Agreement will contain a clear dissolution provision specifying the required member consent, how the winding-up process will be conducted, and how assets will be distributed to members after debts are paid. If your LLC's Operating Agreement is silent on these issues, Arizona's default statutory rules will fill the gaps — but those defaults may not reflect what the members actually intended. ### What vote is required to dissolve an Arizona LLC if the Operating Agreement does not address dissolution? When the Operating Agreement does not specify the consent required for dissolution, Arizona Revised Statutes Section 29-3701(A)(2) supplies the default rule. Dissolution requires the written consent of both of the following: - **A majority in interest of the members** — meaning members who collectively hold more than 50% of the profit interests in the LLC; AND - **One or more members who, upon dissolution and liquidation of assets, would be entitled to receive more than half of the value of all assets** distributed to members on liquidation. Both conditions must be satisfied simultaneously. This double-trigger default rule means that having a majority of members by head count is not enough. The consenting members must also represent a majority of the economic stake in the LLC. In many cases, the same members will satisfy both conditions — but not always, particularly in LLCs where profit percentages and liquidation distributions are structured differently. ### What is "majority in interest" under Arizona LLC law? Under Arizona Revised Statutes Section 29-3102, "majority in interest of the members" means one or more members who hold, in the aggregate, a majority of the interests in the LLC's profits held at that time by all members. Voting weight is based on profit interests — not by head count. For example: if your LLC has five members and one member holds a 60% profit interest while the other four members each hold 10%, the member with the 60% interest alone constitutes a majority in interest. The four remaining members, despite outnumbering the majority-interest holder, do not collectively constitute a majority in interest of the profits. ### Does Arizona LLC dissolution require a written consent? Yes. Arizona Revised Statutes Section 29-3701(A)(2) explicitly requires that the members' consent to dissolution be "given in a record." Under Arizona law, a "record" means information inscribed on a tangible medium or stored in an electronic or other medium retrievable in perceivable form. An oral agreement among the members to dissolve the LLC is not sufficient. In practice, members should sign a written Consent to Dissolution, a Dissolution Resolution, or a similar document that sets forth the members' agreement to dissolve the LLC, confirms that the required consent threshold has been met, and states the effective date of dissolution. This signed document should be kept with the LLC's permanent records. ### What other events can trigger dissolution of an Arizona LLC? Beyond voluntary member consent, Arizona Revised Statutes Section 29-3701 identifies several other events that cause dissolution: - The occurrence of an event or circumstance that the Operating Agreement or Articles of Organization states will cause dissolution, such as expiration of a fixed term, the death or withdrawal of a member (if the agreement so provides), or the achievement or failure of a stated purpose - A court-ordered judicial dissolution upon application by a member, available when the members or managers are deadlocked, when the LLC's activities are being conducted unlawfully, or when managers have acted fraudulently or in breach of fiduciary duty - Administrative dissolution ordered by the Arizona Corporation Commission for failure to maintain a statutory agent or file required documents ## Winding Up the LLC's Affairs ### What happens after the members decide to dissolve the LLC? Once the LLC is dissolved, the winding-up process begins immediately. Under Arizona Revised Statutes Section 29-3702(A), the dissolved LLC continues to exist after dissolution, but only for the purpose of winding up its activities and affairs. The LLC may not continue its regular business operations. During winding up, the LLC must: - Discharge all of the company's debts, obligations, and other liabilities - Settle and close the company's activities and affairs - Marshal and distribute the assets of the company - Prosecute and defend any pending lawsuits and legal proceedings - Preserve the company's property as a going concern for a reasonable period if necessary The LLC may also optionally file a Notice of Winding Up with the Arizona Corporation Commission, stating that the company has commenced winding up its affairs. While not required, filing the Notice of Winding Up can help put creditors and third parties on notice that the LLC is in the process of closing. ### In what order must the LLC distribute its assets during winding up? Arizona law requires a strict priority order for distributing LLC assets during winding up. The LLC must first pay or make adequate provision to pay all known creditors, debts, obligations, and liabilities. Only after all creditor claims are fully satisfied — or adequate provision has been made for their payment — may the LLC distribute remaining assets to members. **Important Warning:** Distributing assets to members before fully paying creditors is a serious mistake. Members who receive distributions before all creditor claims are satisfied can be held personally liable for unpaid creditor claims, proportionate to the distributions they received. Always pay your creditors first. ### Should the LLC notify its creditors when winding up? Notifying known creditors is not legally required, but it is strongly recommended. Arizona Revised Statutes Section 29-3704 allows a dissolved LLC to provide written notice to known creditors, informing them that the company has dissolved and setting a deadline of at least 120 days for creditors to submit any claims. A creditor who receives this written notice and fails to submit a claim by the specified deadline is barred from later asserting that claim against the LLC, the members, or anyone who received a distribution of LLC assets. This voluntary notification procedure provides significant liability protection for the LLC's members and is a best practice for any LLC with outstanding creditor relationships. ## Filing the Articles of Termination ### What is the Articles of Termination and when can it be filed? The Articles of Termination is the official form filed with the Arizona Corporation Commission that formally and permanently ends the LLC's legal existence. Under Arizona Revised Statutes Section 29-3702(H), the Articles of Termination may be filed only after all of the LLC's known property and assets have been applied and distributed in accordance with the winding-up requirements of Arizona law. The Articles of Termination certifies to the Arizona Corporation Commission that: (1) the LLC's name; and (2) all of the LLC's known property and assets have been applied and distributed as required by Arizona law. Filing the Articles of Termination prematurely — before winding up is complete — is improper and could expose the signers to legal liability. ### Where can I get the Articles of Termination form? The official Articles of Termination form for Arizona LLCs is available for free download directly from the Arizona Corporation Commission. Download the form here: **[Arizona LLC Articles of Termination (Form L-031) — Official ACC Form](https://azcc.gov/docs/default-source/corps-files/forms/l031-articles-of-termination.pdf)** ### How do I complete the Articles of Termination form? The Articles of Termination form is straightforward but must be completed accurately. You must: - Enter the exact legal name of the LLC as it appears in the Arizona Corporation Commission's records, including the LLC designation (e.g., "Smith Holdings, LLC") - Check the "I ACCEPT" box next to the statutory statement confirming that all known property and assets have been applied and distributed in accordance with Arizona law - Sign the form - Print the name of the person signing - Enter the date of signing - Check the appropriate box indicating whether the signer is an authorized individual or is signing on behalf of an entity The Articles of Termination must be filed together with a completed ACC Cover Sheet. The cover sheet is available on the Arizona Corporation Commission's website. ### Who can sign the Articles of Termination? The Articles of Termination must be signed by an individual authorized to sign on behalf of the LLC. For a member-managed LLC, this is typically a member of the LLC. For a manager-managed LLC, this is typically a manager. By signing, the individual is certifying to the Arizona Corporation Commission that all of the LLC's known property and assets have been properly applied and distributed in accordance with Arizona's winding-up statutes. ### How do I file the Articles of Termination with the Arizona Corporation Commission? The completed Articles of Termination and the required Cover Sheet can be filed with the Arizona Corporation Commission in any of the following ways: - **Online:** Through the ACC's eCorp online filing system at [azcc.gov](https://azcc.gov) - **By mail:** Arizona Corporation Commission, Corporations Division – Examination Section, 1300 W. Washington St., Phoenix, Arizona 85007 - **By fax:** 602-542-4100 for standard processing; 602-542-0900 for expedited processing - **In person:** 1300 W. Washington St., Phoenix, Arizona 85007 ### What is the filing fee for the Articles of Termination? The Arizona Corporation Commission charges the following fees for processing Articles of Termination: Processing Type Additional Fee Total Fee Standard Processing — $35.00 Expedited Processing +$35.00 $70.00 Next-Day Service +$100.00 $135.00 Same-Day Service +$200.00 $235.00 Two-Hour Service +$400.00 $435.00 Payment by Visa or MasterCard is accepted for in-person filings only. Check or money order payable to "Arizona Corporation Commission" is accepted for mail or in-person filings. Credit cards cannot be used for mail or fax submissions. ### Does Arizona require a tax clearance before terminating an LLC? No. Unlike Arizona corporations, Arizona LLCs do not need to obtain a tax clearance certificate from the Arizona Department of Revenue before filing Articles of Termination with the Arizona Corporation Commission. This is one of the advantages of the LLC form over the corporate form when it comes to winding up. However, members and managers should ensure that all state and federal tax obligations — including final income tax returns, sales tax filings, and payroll tax obligations — are fully addressed during the winding-up process before making any final distributions to members. Unresolved tax liabilities do not disappear upon termination and can create personal liability exposure for members and managers. ## After the Articles of Termination Are Filed ### What happens to the LLC after the Articles of Termination are accepted? Under Arizona Revised Statutes Section 29-3702(I), after the Articles of Termination are filed and accepted by the Arizona Corporation Commission, the LLC's active legal existence ends. However, the LLC's existence continues in a limited capacity for specific purposes: - Participating in pending or future lawsuits and other legal proceedings - Dealing with and disposing of property that was overlooked during the winding-up process - Defending and pursuing claims that were not fully paid or discharged before termination - Engaging in activities reasonably necessary to complete those purposes The managers or liquidating agent in office at the time of termination — or, if none, the members — retain the authority to transfer property and take other necessary actions on behalf of the LLC for these limited purposes. ### Can the members change their minds and undo a dissolution? Yes, but only within a limited window. Arizona Revised Statutes Section 29-3703 allows the members of a dissolved LLC to rescind the dissolution before the winding-up process is complete. To rescind dissolution, the same consent that was required to approve the dissolution must be obtained. However, once the Articles of Termination have been filed and accepted by the Arizona Corporation Commission, the LLC's legal existence has ended and cannot be revived through rescission. If the members want to continue the business after that point, they would need to form a new LLC. ### What is administrative dissolution and how is it different from voluntary termination? The Arizona Corporation Commission can administratively dissolve an LLC under Arizona Revised Statutes Section 29-3708 when the LLC fails to maintain a statutory agent or fails to notify the Commission of a change of statutory agent or statutory agent's address. Administrative dissolution is not the same as voluntary termination initiated by the members. An administratively dissolved LLC may be reinstated under Arizona Revised Statutes Section 29-3709 by correcting the grounds for the dissolution and filing an application for reinstatement with the required fee. Administrative dissolution does not automatically end the LLC's existence — the LLC must either reinstate or complete the winding-up process and file Articles of Termination to formally end its legal existence. ## Do I Need a Lawyer to Terminate My Arizona LLC? ### Do I need an attorney to terminate my Arizona LLC? To hire KEYTLaw to prepare all the documents needed to terminate an Arizona limited liability company, submit our [LLC Termination Questionnaire](https://www.keytlaw.com/azllclaw/termination-questionnaire/). Arizona law does not require you to hire an attorney to terminate an LLC, and for a simple single-member LLC with no debts, no employees, and no significant assets, many members handle the process themselves. However, consulting an experienced Arizona LLC attorney is strongly recommended when the LLC has: - Multiple members, particularly if there is any disagreement about dissolution - Significant assets, real estate, or investment accounts - Outstanding debts, loans, or credit obligations - Employees or payroll obligations - Pending or threatened litigation - Unresolved contractual obligations such as leases or service agreements - Tax issues at the state or federal level Mistakes made during the winding-up process — particularly distributing assets to members before creditors are fully paid — can expose members to significant personal liability that survives the LLC's termination. An experienced Arizona LLC attorney can help ensure that the winding-up process is completed correctly, all creditor claims are properly addressed, required documentation is properly prepared and signed, and the members are fully protected from future liability. ## Questions About Terminating Your Arizona LLC? Arizona LLC attorney Richard Keyt has formed over 10,000 Arizona LLCs and has the experience to help you terminate your LLC correctly and protect yourself from future liability. Call KEYTLaw today or schedule a consultation online. [Schedule a Consultation](https://www.keytlaw.com/calendar)Or call us at [480-664-7478](tel:4806647478) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). --- ### [Arizona Business Insurance for LLCs: What You Need to Know](https://www.keytlaw.com/llc-business-insurance/) **Published:** June 30, 2026 **Author:** Richard Keyt **Content:** ## Arizona Business Insurance for LLCs: What You Need to Know By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary An Arizona LLC that operates a business needs both the LLC and insurance because they protect against different risks. The LLC protects the members’ personal assets from the LLC’s liabilities, but it does not protect the assets the LLC owns, and it does not protect a member from liability for the member’s own acts. A business LLC should buy: (1) commercial general liability coverage of at least $1,000,000 per occurrence and $2,000,000 aggregate, (2) commercial property insurance at replacement cost, (3) workers’ compensation insurance, which Arizona law requires if the LLC has even one employee, (4) commercial auto insurance with a $1,000,000 combined single limit, and (5) a commercial umbrella policy of $1,000,000 or more. Depending on the business, the LLC may also need professional liability (E&O), cyber liability, business interruption, and employment practices liability coverage. The LLC must be the named insured on every policy — a common mistake is forming an LLC for an existing business while leaving the insurance in the individual owner’s name. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![llc-business-insurance](https://www.keytlaw.com/wp-content/uploads/2026/07/business-insurance-1024x559.png "business-insurance - KEYTLaw") What Insurance Does a Business LLC Need? | KEYTLaw# What Insurance Does a Business LLC Need? Frequently Asked Questions Forming an Arizona limited liability company for your business protects the members' personal assets from the LLC's debts and liabilities, but the LLC does not protect the assets the LLC owns, and it does not protect a member from liability caused by the member's own acts. Insurance fills those gaps. An operating business LLC needs commercial general liability coverage of $1,000,000 per occurrence and $2,000,000 aggregate, commercial property coverage at replacement cost, workers' compensation insurance (required by Arizona law if the LLC has even one employee), commercial auto coverage, and — depending on the business — professional liability, cyber liability, business interruption, employment practices liability, and umbrella coverage. This article answers the insurance questions Arizona business LLC owners ask most often. ## If I formed an LLC to protect my assets, why does my business still need insurance? Because an LLC and insurance protect against different risks, and neither one is a substitute for the other. Your Arizona LLC gives you what lawyers call "outside" liability protection. If the LLC is sued and loses, the creditor can take the LLC's assets, but the creditor generally cannot take your home, your personal bank accounts, or your other personal assets. That protection is valuable, but notice what it does not do: it does not protect anything the LLC owns. If a customer is seriously injured on your business premises and wins a $750,000 judgment against the LLC, the LLC shield keeps the customer away from your personal assets, but the customer can take the LLC's bank accounts, equipment, inventory, and everything else the business owns. Without insurance, a single claim can destroy the business you spent years building. With proper insurance, the insurance company pays the lawyers to defend the claim and pays the judgment or settlement up to the policy limits. There is a second reason insurance is essential. An LLC never protects a person from liability for that person's own negligent or wrongful acts. If you personally cause a car accident while driving to a customer's location, or you personally give negligent advice to a client, you can be sued personally regardless of the LLC. Insurance is the only protection against that risk. ## How do the LLC and insurance work together? Think of them as two layers of armor. Insurance is the first layer. It defends claims and pays them up to the policy limits, which resolves the overwhelming majority of lawsuits. The LLC is the second layer. It protects your personal assets if the claim is not covered by insurance, if the judgment exceeds the policy limits, or if the insurance company denies the claim. Smart business owners never rely on only one layer. ## What risks does an operating business face? An operating business faces more types of risk than a passive investment because it interacts with more people in more ways. Customers can be injured on the premises or by the LLC's products. Employees can be injured on the job. Employees driving on company business can injure others. The business can give bad advice, damage a customer's property, lose customer data to hackers, be sued by a former employee, or be shut down for months by a fire. Each of these risks can produce a claim large enough to destroy the business, and each is covered by a different type of insurance. ## What types of insurance should a business LLC buy, and how much? **Commercial general liability (CGL).** This is the foundation policy for every operating business. It covers bodily injury, property damage, and personal and advertising injury claims arising from the LLC's operations, premises, and products. Buy at least $1,000,000 per occurrence and $2,000,000 aggregate. Most commercial landlords and many customer contracts require these limits as a minimum. **Commercial property insurance.** This covers the LLC's building (if it owns one), equipment, inventory, furniture, and tenant improvements against fire, theft, and other perils. Insure business property for its full replacement cost. Many small businesses buy the CGL and property coverage together in a Business Owner's Policy (BOP), which is usually cheaper than buying the coverages separately. **Workers' compensation insurance.** Arizona law requires every employer with one or more employees, full-time or part-time, to carry workers' compensation insurance. This is not optional. An LLC that has employees and no workers' compensation coverage faces penalties and unlimited liability for employee injuries. Sole owners with no employees are not required to carry it, but should evaluate whether they need coverage for themselves. **Commercial auto insurance.** Personal auto policies typically exclude business use. If the LLC owns vehicles or employees drive for business purposes, the LLC needs a commercial auto policy. Buy a combined single limit of $1,000,000. If employees drive their own cars for business, add hired and non-owned auto coverage. **Professional liability / errors and omissions (E&O).** If the LLC provides services, advice, or professional expertise — consultants, contractors, designers, accountants, real estate agents, medical providers, and similar businesses — it needs professional liability coverage, because the CGL policy does not cover claims that the LLC's work was negligent or defective. Buy at least $1,000,000 per claim; licensed professionals should ask whether their licensing board or contracts require higher limits. **Cyber liability insurance.** If the LLC stores customer information, takes payments, or depends on computer systems, cyber coverage pays for data breach response, notification costs, ransomware losses, and related liability. Coverage of $1,000,000 is a common starting point for small businesses. **Business interruption coverage.** This coverage replaces lost income and pays continuing expenses such as rent and payroll while the business is closed after a covered loss such as a fire. Buy enough to cover at least twelve months of lost profits and continuing expenses. **Employment practices liability insurance (EPLI).** Once the LLC has employees, it can be sued for wrongful termination, discrimination, and harassment. EPLI covers these claims, which are not covered by the CGL policy. **Commercial umbrella policy.** An umbrella policy sits on top of the CGL, commercial auto, and employer's liability policies and adds an additional layer of coverage. If the LLC has a $1,000,000 CGL policy and a $2,000,000 umbrella, the LLC has $3,000,000 of total protection. Most operating businesses should carry an umbrella of at least $1,000,000, and businesses with significant assets, high customer traffic, or dangerous operations should carry $2,000,000 to $5,000,000 or more. Umbrella coverage typically costs a few hundred dollars per year per million dollars of coverage, which makes it the cheapest asset protection money can buy. ## Does Arizona law require a business LLC to carry insurance? Arizona law requires two coverages. First, every Arizona employer with one or more employees must carry workers' compensation insurance. Second, every vehicle operated on Arizona roads must carry minimum liability insurance. Beyond those two requirements, business insurance is generally not mandated by statute, but it is frequently required by commercial leases, lender loan documents, franchise agreements, professional licensing rules, and customer contracts. More importantly, going without it puts everything the LLC owns at risk. ## How much insurance coverage is enough? There is no single number, but the guiding principle is simple: your liability limits should be large enough that a bad verdict is paid by the insurance company, not by the LLC's assets. Consider three factors. First, the value of what you are protecting — the LLC's bank accounts, equipment, inventory, and the value of the business as a going concern. Second, the riskiness of the activity — a trampoline park needs more coverage than a bookkeeping service. Third, the combined net worth of the members, because plaintiffs' lawyers pursue deep pockets. When in doubt, buy the higher limit. Increasing liability coverage from $1,000,000 to $2,000,000 usually costs far less than most people expect, and umbrella coverage is the least expensive way to add millions of dollars of protection. ## What else do members of a business LLC need to know about insurance? **The LLC must be the named insured.** The entity that operates the business must be the named insured on the policy. If you operated as a sole proprietor and later formed an LLC, contact your insurance agent and have every policy reissued or endorsed with the LLC as the named insured. A policy that names the wrong insured may pay nothing. **Members and managers should be additional insureds.** Ask your agent to add the members (and the manager, if the LLC is manager-managed) as additional insureds so the policy defends and covers them if they are personally named in a lawsuit arising from LLC business. **Never let coverage lapse.** A liability claim that occurs during even a one-day gap in coverage is completely uninsured. Put policies on automatic renewal and calendar the renewal dates. **Satisfy your lease and contract requirements.** Commercial leases and many customer contracts require specific coverage types, minimum limits, and additional insured endorsements naming the landlord or customer. Give your agent a copy of every lease and major contract so the policies comply. Failure to carry required coverage is a breach of the lease or contract. **Get certificates of insurance from vendors and subcontractors.** Before any contractor or vendor works for the LLC, get a certificate of insurance proving the vendor carries liability and workers' compensation coverage. If an uninsured subcontractor's worker is injured on your job, your LLC becomes the target. **Review coverage every year.** Revenue, payroll, inventory values, and risks change as the business grows. Meet with your insurance agent annually to make sure your coverage amounts, named insureds, and policy types still match reality — especially after hiring employees, buying vehicles, signing a new lease, or launching a new product or service. **Consider insurance in your buy-sell planning.** Multi-member LLCs should consider life insurance on each member to fund the buyout of a deceased member's interest under the LLC's buy-sell provisions, and key person insurance if the business depends on one person's skills or relationships. **Insurance does not excuse sloppy LLC practices.** To keep the LLC's liability shield strong, the LLC must have an Operating Agreement, sign contracts in the LLC's name, maintain its own bank account, and keep its assets separate from the members' personal assets. Insurance protects the LLC's assets; good LLC housekeeping protects yours. ## Should I ask my lawyer or my insurance agent about coverage? Both. A licensed insurance agent or broker is the right person to quote policies, recommend specific carriers, and place coverage — attorneys do not sell insurance. Your LLC attorney is the right person to make sure the LLC is properly formed and maintained, the Operating Agreement addresses insurance obligations among the members, and your leases and contracts contain the right insurance requirements. When your legal structure and your insurance program are designed to work together, you have the strongest asset protection available. ## Protect Your Business with a Properly Formed Arizona LLC Arizona LLC attorneys Richard Keyt and his son, attorney and CPA Richard C. Keyt, have formed 10,000+ Arizona LLCs. We prepare custom Operating Agreements that address the insurance obligations of the members and the buy-sell provisions every multi-member LLC needs. To hire us to form your Arizona LLC, purchase online at [azllc.com](https://azllc.com), call Richard Keyt at **480-664-7478**, or email . ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Crypto Estate Planning & Inheritance FAQs](https://www.keytlaw.com/passing-cryptocurrency-to-heirs/) **Published:** July 4, 2026 **Author:** Richard Keyt **Content:** # Arizona Crypto Estate Planning & Inheritance FAQs By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary Cryptocurrency owners face a unique estate planning challenge: if your heirs cannot locate your private keys or seed phrase after your death, your Bitcoin, Ethereum, or other digital assets are gone forever — no court, no bank, and no government agency can recover them. Arizona estate planning attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) and [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) answer the most important questions about how to pass cryptocurrency to your heirs, including how to store seed phrases and private keys securely, how self-custody and exchange-held crypto are treated differently, why a revocable living trust is the best legal vehicle for digital assets, what a memorandum of instructions should contain, how the federal step-up in tax basis works for inherited crypto, and the most common mistakes that cause families to lose digital wealth permanently at death. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![cryptocurrency](https://www.keytlaw.com/wp-content/uploads/2026/07/cryptocurrency-1024x559.png "cryptocurrency - KEYTLaw") ## Protecting Your Digital Wealth: The Ultimate FAQ on Passing Cryptocurrency to Your Family How to Pass Cryptocurrency to Your Heirs | Arizona Estate Planning | KEYTLawArizona estate planning attorneys Richard Keyt and Richard C. Keyt explain how cryptocurrency owners can pass Bitcoin, Ethereum, and other digital assets to heirs on death. This FAQ covers private key storage, seed phrases, self-custody wallets, exchange accounts, trust planning, beneficiary designations, estate planning documents, and the critical steps every crypto owner should take now to prevent permanent loss of digital wealth at death. ## Frequently Asked Questions: Passing Cryptocurrency to Your Heirs **Important Warning:** Cryptocurrency is unlike any other asset. If your heirs cannot locate your private keys or seed phrase after your death, your crypto is gone forever — no bank, no government, and no court can recover it. Proper estate planning is not optional for cryptocurrency owners. It is essential. **Why is cryptocurrency different from other assets when it comes to estate planning?** Traditional assets like bank accounts, brokerage accounts, and real estate are held by institutions or recorded in public registries. When you die, your heirs can contact the institution, present a death certificate and legal authority (such as letters testamentary or a trust certification), and the institution will transfer the assets. Cryptocurrency is fundamentally different. It is controlled by whoever possesses the private key or seed phrase associated with a wallet. There is no institution to call. There is no customer service department. There is no government override. If your heirs do not have the private key or seed phrase, your cryptocurrency is permanently and irrecoverably lost — forever. This unique characteristic makes proper estate planning for cryptocurrency not just advisable but critically necessary. **What is a private key and why does it matter for estate planning?** A private key is a cryptographic string of characters — essentially a very long password — that proves ownership of and gives control over the cryptocurrency in a wallet. Anyone who possesses your private key can access, move, or spend every coin in that wallet. For estate planning purposes, your private key is the equivalent of the combination to a safe that holds all of your cryptocurrency. If your heirs do not have this key after your death, they cannot access your crypto. If the wrong person gets the key while you are alive, they can steal everything instantly. The private key must be protected with the same seriousness as a combination to your most important safe — but it must also be accessible to the right people at the right time. **What is a seed phrase and how does it relate to my private keys?** A seed phrase (also called a recovery phrase or mnemonic phrase) is typically a sequence of 12, 18, or 24 ordinary English words generated by your cryptocurrency wallet when you first set it up. This sequence of words mathematically encodes your private keys and can be used to restore your entire wallet — including every account within it — on any compatible device. For estate planning purposes, the seed phrase is usually more important than any individual private key because a single seed phrase can recover all of the accounts in a hierarchical deterministic (HD) wallet. Your seed phrase must be recorded, stored securely, and made accessible to your trusted heirs or successor trustee after your death. It should never be stored only in digital form. It should be written on paper, stamped on metal, or stored in a secure physical location, and kept separate from the hardware wallet device itself. **What happens to my cryptocurrency if I die without leaving instructions for my heirs?** Your cryptocurrency will almost certainly be lost permanently. Your heirs may know you owned crypto. They may find your hardware wallet device or know the name of an exchange you used. But without the private key or seed phrase for self-custody wallets, or without your login credentials and access to any required two-factor authentication device for exchange accounts, they will be unable to access the assets. Courts cannot compel a blockchain to transfer assets. Police cannot seize crypto without a private key. Even the most sophisticated crypto recovery specialists rarely succeed without significant portions of the key material. The result is that assets worth thousands, hundreds of thousands, or even millions of dollars simply cease to exist for practical purposes at your death. This is one of the most common and most tragic errors in modern estate planning. **What is the difference between self-custody cryptocurrency and exchange-held cryptocurrency?** Self-custody cryptocurrency is held in a wallet that you control directly — meaning you hold the private keys. Examples include hardware wallets (physical devices like Ledger or Trezor), software wallets installed on your computer or phone, and paper wallets. With self-custody, only you (and whoever you share your keys with) controls the crypto. Exchange-held cryptocurrency is crypto that sits in an account at a centralized exchange such as Coinbase, Kraken, Gemini, or Binance. The exchange holds the private keys on your behalf, similar to how a brokerage holds your stocks. Both types require different estate planning approaches. Exchange-held crypto is generally easier for heirs to access because the exchange has a customer service process and account recovery procedures. Self-custody crypto requires that heirs have the private key or seed phrase. **How can my heirs access cryptocurrency I hold at an exchange like Coinbase after I die?** Major cryptocurrency exchanges have established procedures for transferring accounts to heirs or estates following the death of an account holder. The process typically requires your heirs or estate representative to submit a death certificate, government-issued identification, and legal documentation establishing authority to act — such as a court order appointing an executor, letters testamentary, or a trust certification if the account was held in trust. The exchange will then either transfer the crypto to an account designated by the estate or liquidate the holdings and send the proceeds. The specific requirements vary by exchange, so your estate planning documents should ideally reference which exchanges you use and the account information needed to initiate the claim process. Your executor or trustee will need to know the exchange name, your account username or email address, and any relevant account identification. They will not need your password — the exchange's recovery process does not require it — but they will need legal authority and the identifying information to locate the account. **How can my heirs access self-custody cryptocurrency — such as crypto on a hardware wallet — after I die?** For self-custody crypto, your heirs need either the private key itself or the seed phrase that generates it. Without one of these, access is impossible regardless of legal authority. Your estate plan must include a secure method for conveying this information to the right person at the right time. There are several approaches. You can write the seed phrase on paper or engrave it on metal and store it in a fireproof safe, a bank safe deposit box, or with your estate planning attorney. You can include it in a sealed envelope that is part of your estate planning documents. You can use a multi-signature arrangement where multiple trusted people must cooperate to access the wallet. You can also use a specialized crypto inheritance service. Whatever method you choose, the key information must be findable and usable by your heirs but not accessible to unauthorized persons during your lifetime. Simply texting the seed phrase to a family member or keeping it in an unencrypted note on your phone are not adequate solutions — the former creates theft risk, the latter creates loss risk. **Should I include my cryptocurrency in my revocable living trust?** Yes, in most cases a revocable living trust is the best legal vehicle for holding and passing cryptocurrency to your heirs. A well-drafted trust avoids the delays and costs of probate, allows your successor trustee to take control of assets quickly after your death, and can include detailed instructions about managing, valuing, and distributing digital assets. For exchange-held crypto, you can either transfer the account into the name of the trust (some exchanges allow this) or simply designate your trust as the beneficiary of the account. For self-custody crypto, the trust should contain clear written instructions — often in a separate memorandum — describing how to locate and use the seed phrase or private key. Arizona law expressly recognizes digital assets in trust administration under the Revised Uniform Fiduciary Access to Digital Assets Act, which gives your trustee legal authority to access your digital asset accounts. **What should a cryptocurrency memorandum of instructions contain?** A memorandum of instructions is a separate, private document — not filed with any court — that accompanies your trust or will and provides your successor trustee or executor with the practical information needed to manage your digital assets. For cryptocurrency, this memorandum should include a complete inventory of every cryptocurrency holding, identifying the type of crypto (Bitcoin, Ethereum, etc.), the approximate quantity, and whether it is self-custody or exchange-held. For exchange accounts, it should include the exchange name, the email address or username associated with the account, and where to find any saved two-factor authentication backup codes. For self-custody wallets, it should describe the type of wallet (hardware device, software wallet, paper wallet), the location of the physical device if applicable, and clear instructions for locating and using the seed phrase. The memorandum should be updated every time you acquire new crypto, move assets to a different wallet, or change exchange accounts. Because this document contains extraordinarily sensitive information, it must be stored with the same physical security as the seed phrase itself. **Can I designate a beneficiary for my cryptocurrency accounts the way I can with a retirement account or life insurance policy?** Some cryptocurrency exchanges allow you to designate a beneficiary, but the availability and legal effect of this feature varies significantly by exchange and by state. Coinbase, for example, offers a beneficiary designation feature for accounts in certain states. Where a valid beneficiary designation is in place and legally effective, the crypto can transfer directly to the designated beneficiary outside of probate, similar to a payable-on-death bank account. However, you should not rely solely on a beneficiary designation without verifying that your chosen exchange offers this feature, that the designation is legally valid under Arizona law, and that the beneficiary designation is coordinated with your overall estate plan. A beneficiary designation that conflicts with your trust or will can create complications. Your estate planning attorney should review any beneficiary designation as part of a comprehensive plan. **What is a multi-signature wallet and should I use one for estate planning?** A multi-signature (multisig) wallet requires a minimum number of private keys — out of a larger total — to authorize any transaction. For example, a 2-of-3 multisig wallet has three private keys and requires any two of them to approve a transfer. This structure has significant estate planning advantages. You can hold one key yourself, give a second key to your attorney or estate planning trustee in a sealed envelope to be opened only at your death or incapacity, and give a third key to a trusted family member. No single person can steal the assets during your lifetime because one key alone is insufficient, but your heirs can cooperate to access the funds after your death. Multisig arrangements are technically more complex to set up than a standard wallet, and they require that all key holders understand their role. However, for large cryptocurrency holdings, the security and estate planning benefits may justify the complexity. An attorney familiar with digital asset planning can help you structure a multisig arrangement appropriately. **What are the federal and Arizona income tax consequences when my heirs receive cryptocurrency?** Under current federal law, cryptocurrency inherited at death receives a step-up in tax basis to its fair market value on the date of death, exactly like stocks or real estate. This means your heirs do not owe income tax on the appreciation that occurred during your lifetime. If your heirs later sell the inherited crypto for more than its stepped-up value, only the gain above the stepped-up basis is taxable as a capital gain — and because the holding period for inherited assets is automatically treated as long-term, the favorable long-term capital gains tax rate applies. Arizona conforms to federal income tax treatment of capital gains, so the same favorable treatment applies for state income tax purposes. The step-up in basis can represent an enormous tax benefit for heirs of appreciated crypto. For example, if you purchased Bitcoin for $10,000 and it is worth $200,000 at your death, your heirs receive a $200,000 basis and owe no income tax on the $190,000 of gain that accrued during your lifetime. Estate tax may also apply if your total estate (including crypto) exceeds the federal estate tax exemption, which in 2026 is scheduled to revert to a lower level. Your estate planning attorney can help you evaluate whether estate tax planning is appropriate given the size of your crypto holdings. **What are the biggest mistakes cryptocurrency owners make in estate planning?** The most common and most serious mistake is failing to create any estate plan at all for cryptocurrency, leaving heirs with no way to locate or access the assets. A close second is storing the seed phrase only in digital form — on a computer, in a password manager, or in cloud storage — without any physical backup, so that if the digital storage is unavailable at death, the crypto is lost. Third is failing to tell a trusted person that cryptocurrency exists and roughly where to find the access information, so heirs do not even know to look. Fourth is storing the seed phrase in the same location as the hardware wallet device, so that a fire, flood, or theft destroys both simultaneously. Fifth is failing to update the memorandum of instructions when acquiring new crypto or moving assets to different wallets. Sixth is assuming a will alone is sufficient — a will must go through probate before a court grants authority to an executor, which takes months, during which time volatile crypto markets can dramatically affect value. A revocable living trust avoids this problem by granting the successor trustee immediate authority. **Do I need an Arizona estate planning attorney to plan for passing cryptocurrency to my heirs, or can I handle this myself?** You can take meaningful steps on your own — creating a memorandum of instructions, ensuring your seed phrase is physically recorded and securely stored, and informing a trusted person of your holdings. These steps are better than nothing and should be done immediately regardless of whether you have consulted an attorney. However, the legal framework surrounding your crypto — the trust or will that governs how it passes, the fiduciary authority granted to your trustee or executor, the coordination with beneficiary designations and other assets, and the tax planning considerations — requires a properly drafted legal document. A poorly drafted trust that does not address digital assets, or a will that must go through probate at a time of market volatility, can undermine even the most careful technical preparations. An Arizona estate planning attorney who understands digital assets can ensure that the legal structure and the practical access plan work together to protect your cryptocurrency and your heirs. ## Protect Your Cryptocurrency and Your Loved Ones Arizona estate planning attorneys Richard Keyt and his son, attorney and CPA Richard C. Keyt, have decades of combined experience helping Arizona families create estate plans that protect all of their assets — including cryptocurrency and other digital assets. If you own Bitcoin, Ethereum, or any other cryptocurrency and have not yet addressed it in your estate plan, we encourage you to contact us today. Every day without a plan is a day your digital assets are at risk of permanent loss. ## Protect Your Most Valuable Assets — Your Loved Ones — & Get Peace of Mind We invite you to schedule a free consultation with Richard Keyt or Richard C. Keyt to discuss your estate plan, including your cryptocurrency and digital asset holdings. We will help you create a plan that ensures your heirs can access and inherit everything you have worked to build. **Richard Keyt** Phone: [480-664-7478](tel:4806647478) Email: **Richard C. Keyt** Phone: [480-664-7472](tel:4806647472) Email: [Schedule a Free Meeting](https://keytlaw.com/calendar) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [What Insurance Does an Arizona Real Estate LLC Need?](https://www.keytlaw.com/what-insurance-does-a-real-estate-llc-need/) **Published:** July 3, 2026 **Author:** Richard Keyt **Content:** # What Insurance Does a Real Estate LLC Need? By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary An Arizona LLC that owns rental real estate needs both the LLC and insurance because they protect against different risks. The LLC protects the members’ personal assets from the LLC’s liabilities, but it does not protect the rental property itself, and it does not protect a member from liability for the member’s own acts. A real estate LLC should buy: (1) a landlord (dwelling fire) or commercial property policy with replacement cost coverage, (2) commercial general liability coverage of at least $1,000,000 per occurrence, (3) loss of rents coverage equal to at least twelve months of rental income, and (4) an umbrella policy of $1,000,000 to $5,000,000 depending on the equity in the property and the members’ net worth. The LLC must be the named insured on every policy. The most common insurance mistake investors make is deeding property to an LLC while leaving the insurance in the individual owner’s name, which can cause the insurance company to deny a claim. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![real-estate-insurance](https://www.keytlaw.com/wp-content/uploads/2026/07/real-estate-insurance-1024x559.png "real-estate-insurance - KEYTLaw") What Insurance Does a Business LLC Need? | KEYTLawForming an Arizona limited liability company for your business protects the members' personal assets from the LLC's debts and liabilities, but the LLC does not protect the assets the LLC owns, and it does not protect a member from liability caused by the member's own acts. Insurance fills those gaps. An operating business LLC needs commercial general liability coverage of $1,000,000 per occurrence and $2,000,000 aggregate, commercial property coverage at replacement cost, workers' compensation insurance (required by Arizona law if the LLC has even one employee), commercial auto coverage, and — depending on the business — professional liability, cyber liability, business interruption, employment practices liability, and umbrella coverage. This article answers the insurance questions Arizona business LLC owners ask most often. ## If I formed an LLC to protect my assets, why does my business still need insurance? Because an LLC and insurance protect against different risks, and neither one is a substitute for the other. Your Arizona LLC gives you what lawyers call "outside" liability protection. If the LLC is sued and loses, the creditor can take the LLC's assets, but the creditor generally cannot take your home, your personal bank accounts, or your other personal assets. That protection is valuable, but notice what it does not do: it does not protect anything the LLC owns. If a customer is seriously injured on your business premises and wins a $750,000 judgment against the LLC, the LLC shield keeps the customer away from your personal assets, but the customer can take the LLC's bank accounts, equipment, inventory, and everything else the business owns. Without insurance, a single claim can destroy the business you spent years building. With proper insurance, the insurance company pays the lawyers to defend the claim and pays the judgment or settlement up to the policy limits. There is a second reason insurance is essential. An LLC never protects a person from liability for that person's own negligent or wrongful acts. If you personally cause a car accident while driving to a customer's location, or you personally give negligent advice to a client, you can be sued personally regardless of the LLC. Insurance is the only protection against that risk. ## How do the LLC and insurance work together? Think of them as two layers of armor. Insurance is the first layer. It defends claims and pays them up to the policy limits, which resolves the overwhelming majority of lawsuits. The LLC is the second layer. It protects your personal assets if the claim is not covered by insurance, if the judgment exceeds the policy limits, or if the insurance company denies the claim. Smart business owners never rely on only one layer. ## What risks does an operating business face? An operating business faces more types of risk than a passive investment because it interacts with more people in more ways. Customers can be injured on the premises or by the LLC's products. Employees can be injured on the job. Employees driving on company business can injure others. The business can give bad advice, damage a customer's property, lose customer data to hackers, be sued by a former employee, or be shut down for months by a fire. Each of these risks can produce a claim large enough to destroy the business, and each is covered by a different type of insurance. ## What types of insurance should a business LLC buy, and how much? **Commercial general liability (CGL).** This is the foundation policy for every operating business. It covers bodily injury, property damage, and personal and advertising injury claims arising from the LLC's operations, premises, and products. Buy at least $1,000,000 per occurrence and $2,000,000 aggregate. Most commercial landlords and many customer contracts require these limits as a minimum. **Commercial property insurance.** This covers the LLC's building (if it owns one), equipment, inventory, furniture, and tenant improvements against fire, theft, and other perils. Insure business property for its full replacement cost. Many small businesses buy the CGL and property coverage together in a Business Owner's Policy (BOP), which is usually cheaper than buying the coverages separately. **Workers' compensation insurance.** Arizona law requires every employer with one or more employees, full-time or part-time, to carry workers' compensation insurance. This is not optional. An LLC that has employees and no workers' compensation coverage faces penalties and unlimited liability for employee injuries. Sole owners with no employees are not required to carry it, but should evaluate whether they need coverage for themselves. **Commercial auto insurance.** Personal auto policies typically exclude business use. If the LLC owns vehicles or employees drive for business purposes, the LLC needs a commercial auto policy. Buy a combined single limit of $1,000,000. If employees drive their own cars for business, add hired and non-owned auto coverage. **Professional liability / errors and omissions (E&O).** If the LLC provides services, advice, or professional expertise — consultants, contractors, designers, accountants, real estate agents, medical providers, and similar businesses — it needs professional liability coverage, because the CGL policy does not cover claims that the LLC's work was negligent or defective. Buy at least $1,000,000 per claim; licensed professionals should ask whether their licensing board or contracts require higher limits. **Cyber liability insurance.** If the LLC stores customer information, takes payments, or depends on computer systems, cyber coverage pays for data breach response, notification costs, ransomware losses, and related liability. Coverage of $1,000,000 is a common starting point for small businesses. **Business interruption coverage.** This coverage replaces lost income and pays continuing expenses such as rent and payroll while the business is closed after a covered loss such as a fire. Buy enough to cover at least twelve months of lost profits and continuing expenses. **Employment practices liability insurance (EPLI).** Once the LLC has employees, it can be sued for wrongful termination, discrimination, and harassment. EPLI covers these claims, which are not covered by the CGL policy. **Commercial umbrella policy.** An umbrella policy sits on top of the CGL, commercial auto, and employer's liability policies and adds an additional layer of coverage. If the LLC has a $1,000,000 CGL policy and a $2,000,000 umbrella, the LLC has $3,000,000 of total protection. Most operating businesses should carry an umbrella of at least $1,000,000, and businesses with significant assets, high customer traffic, or dangerous operations should carry $2,000,000 to $5,000,000 or more. Umbrella coverage typically costs a few hundred dollars per year per million dollars of coverage, which makes it the cheapest asset protection money can buy. ## Does Arizona law require a business LLC to carry insurance? Arizona law requires two coverages. First, every Arizona employer with one or more employees must carry workers' compensation insurance. Second, every vehicle operated on Arizona roads must carry minimum liability insurance. Beyond those two requirements, business insurance is generally not mandated by statute, but it is frequently required by commercial leases, lender loan documents, franchise agreements, professional licensing rules, and customer contracts. More importantly, going without it puts everything the LLC owns at risk. ## How much insurance coverage is enough? There is no single number, but the guiding principle is simple: your liability limits should be large enough that a bad verdict is paid by the insurance company, not by the LLC's assets. Consider three factors. First, the value of what you are protecting — the LLC's bank accounts, equipment, inventory, and the value of the business as a going concern. Second, the riskiness of the activity — a trampoline park needs more coverage than a bookkeeping service. Third, the combined net worth of the members, because plaintiffs' lawyers pursue deep pockets. When in doubt, buy the higher limit. Increasing liability coverage from $1,000,000 to $2,000,000 usually costs far less than most people expect, and umbrella coverage is the least expensive way to add millions of dollars of protection. ## What else do members of a business LLC need to know about insurance? **The LLC must be the named insured.** The entity that operates the business must be the named insured on the policy. If you operated as a sole proprietor and later formed an LLC, contact your insurance agent and have every policy reissued or endorsed with the LLC as the named insured. A policy that names the wrong insured may pay nothing. **Members and managers should be additional insureds.** Ask your agent to add the members (and the manager, if the LLC is manager-managed) as additional insureds so the policy defends and covers them if they are personally named in a lawsuit arising from LLC business. **Never let coverage lapse.** A liability claim that occurs during even a one-day gap in coverage is completely uninsured. Put policies on automatic renewal and calendar the renewal dates. **Satisfy your lease and contract requirements.** Commercial leases and many customer contracts require specific coverage types, minimum limits, and additional insured endorsements naming the landlord or customer. Give your agent a copy of every lease and major contract so the policies comply. Failure to carry required coverage is a breach of the lease or contract. **Get certificates of insurance from vendors and subcontractors.** Before any contractor or vendor works for the LLC, get a certificate of insurance proving the vendor carries liability and workers' compensation coverage. If an uninsured subcontractor's worker is injured on your job, your LLC becomes the target. **Review coverage every year.** Revenue, payroll, inventory values, and risks change as the business grows. Meet with your insurance agent annually to make sure your coverage amounts, named insureds, and policy types still match reality — especially after hiring employees, buying vehicles, signing a new lease, or launching a new product or service. **Consider insurance in your buy-sell planning.** Multi-member LLCs should consider life insurance on each member to fund the buyout of a deceased member's interest under the LLC's buy-sell provisions, and key person insurance if the business depends on one person's skills or relationships. **Insurance does not excuse sloppy LLC practices.** To keep the LLC's liability shield strong, the LLC must have an Operating Agreement, sign contracts in the LLC's name, maintain its own bank account, and keep its assets separate from the members' personal assets. Insurance protects the LLC's assets; good LLC housekeeping protects yours. ## Should I ask my lawyer or my insurance agent about coverage? Both. A licensed insurance agent or broker is the right person to quote policies, recommend specific carriers, and place coverage — attorneys do not sell insurance. Your LLC attorney is the right person to make sure the LLC is properly formed and maintained, the Operating Agreement addresses insurance obligations among the members, and your leases and contracts contain the right insurance requirements. When your legal structure and your insurance program are designed to work together, you have the strongest asset protection available. ## Protect Your Business with a Properly Formed Arizona LLC Arizona LLC attorneys Richard Keyt and his son, attorney and CPA Richard C. Keyt, have formed 10,000+ Arizona LLCs. We prepare custom Operating Agreements that address the insurance obligations of the members and the buy-sell provisions every multi-member LLC needs. To hire us to form your Arizona LLC, purchase online at [azllc.com](https://azllc.com), call Richard Keyt at **480-664-7478**, or email . ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [5 Essential Business Insurance Policies for AZ LLCs](https://www.keytlaw.com/arizona-llc-business-insurance/) **Published:** July 1, 2026 **Author:** Richard Keyt **Content:** # 5 Essential Business Insurance Policies for AZ LLCs By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary Forming an Arizona LLC does not eliminate the need for business insurance because the LLC and insurance protect against different risks. The LLC protects the members’ personal assets from the LLC’s liabilities, but it does not protect the assets the LLC owns, and it does not protect a member from liability for the member’s own acts. Every operating business LLC should buy: (1) commercial general liability coverage of at least $1,000,000 per occurrence and $2,000,000 aggregate, (2) commercial property insurance at replacement cost, (3) workers’ compensation insurance, which Arizona law requires if the LLC has even one employee, (4) commercial auto insurance with a $1,000,000 combined single limit, and (5) a commercial umbrella policy of $1,000,000 or more. Depending on the business, the LLC may also need professional liability (E&O), cyber liability, business interruption, and employment practices liability coverage. The LLC must be the named insured on every policy — a common mistake is forming an LLC for an existing business while leaving the insurance in the individual owner’s name, which can cause the insurance company to deny a claim. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![real-estate-insurance](https://www.keytlaw.com/wp-content/uploads/2026/07/real-estate-insurance-1024x559.png "real-estate-insurance - KEYTLaw") What Insurance Does a Business LLC Need? | KEYTLawForming an Arizona limited liability company for your business protects the members' personal assets from the LLC's debts and liabilities, but the LLC does not protect the assets the LLC owns, and it does not protect a member from liability caused by the member's own acts. Insurance fills those gaps. An operating business LLC needs commercial general liability coverage of $1,000,000 per occurrence and $2,000,000 aggregate, commercial property coverage at replacement cost, workers' compensation insurance (required by Arizona law if the LLC has even one employee), commercial auto coverage, and — depending on the business — professional liability, cyber liability, business interruption, employment practices liability, and umbrella coverage. This article answers the insurance questions Arizona business LLC owners ask most often. ## If I formed an LLC to protect my assets, why does my business still need insurance? Because an LLC and insurance protect against different risks, and neither one is a substitute for the other. Your Arizona LLC gives you what lawyers call "outside" liability protection. If the LLC is sued and loses, the creditor can take the LLC's assets, but the creditor generally cannot take your home, your personal bank accounts, or your other personal assets. That protection is valuable, but notice what it does not do: it does not protect anything the LLC owns. If a customer is seriously injured on your business premises and wins a $750,000 judgment against the LLC, the LLC shield keeps the customer away from your personal assets, but the customer can take the LLC's bank accounts, equipment, inventory, and everything else the business owns. Without insurance, a single claim can destroy the business you spent years building. With proper insurance, the insurance company pays the lawyers to defend the claim and pays the judgment or settlement up to the policy limits. There is a second reason insurance is essential. An LLC never protects a person from liability for that person's own negligent or wrongful acts. If you personally cause a car accident while driving to a customer's location, or you personally give negligent advice to a client, you can be sued personally regardless of the LLC. Insurance is the only protection against that risk. ## How do the LLC and insurance work together? Think of them as two layers of armor. Insurance is the first layer. It defends claims and pays them up to the policy limits, which resolves the overwhelming majority of lawsuits. The LLC is the second layer. It protects your personal assets if the claim is not covered by insurance, if the judgment exceeds the policy limits, or if the insurance company denies the claim. Smart business owners never rely on only one layer. ## What risks does an operating business face? An operating business faces more types of risk than a passive investment because it interacts with more people in more ways. Customers can be injured on the premises or by the LLC's products. Employees can be injured on the job. Employees driving on company business can injure others. The business can give bad advice, damage a customer's property, lose customer data to hackers, be sued by a former employee, or be shut down for months by a fire. Each of these risks can produce a claim large enough to destroy the business, and each is covered by a different type of insurance. ## What types of insurance should a business LLC buy, and how much? **Commercial general liability (CGL).** This is the foundation policy for every operating business. It covers bodily injury, property damage, and personal and advertising injury claims arising from the LLC's operations, premises, and products. Buy at least $1,000,000 per occurrence and $2,000,000 aggregate. Most commercial landlords and many customer contracts require these limits as a minimum. **Commercial property insurance.** This covers the LLC's building (if it owns one), equipment, inventory, furniture, and tenant improvements against fire, theft, and other perils. Insure business property for its full replacement cost. Many small businesses buy the CGL and property coverage together in a Business Owner's Policy (BOP), which is usually cheaper than buying the coverages separately. **Workers' compensation insurance.** Arizona law requires every employer with one or more employees, full-time or part-time, to carry workers' compensation insurance. This is not optional. An LLC that has employees and no workers' compensation coverage faces penalties and unlimited liability for employee injuries. Sole owners with no employees are not required to carry it, but should evaluate whether they need coverage for themselves. **Commercial auto insurance.** Personal auto policies typically exclude business use. If the LLC owns vehicles or employees drive for business purposes, the LLC needs a commercial auto policy. Buy a combined single limit of $1,000,000. If employees drive their own cars for business, add hired and non-owned auto coverage. **Professional liability / errors and omissions (E&O).** If the LLC provides services, advice, or professional expertise — consultants, contractors, designers, accountants, real estate agents, medical providers, and similar businesses — it needs professional liability coverage, because the CGL policy does not cover claims that the LLC's work was negligent or defective. Buy at least $1,000,000 per claim; licensed professionals should ask whether their licensing board or contracts require higher limits. **Cyber liability insurance.** If the LLC stores customer information, takes payments, or depends on computer systems, cyber coverage pays for data breach response, notification costs, ransomware losses, and related liability. Coverage of $1,000,000 is a common starting point for small businesses. **Business interruption coverage.** This coverage replaces lost income and pays continuing expenses such as rent and payroll while the business is closed after a covered loss such as a fire. Buy enough to cover at least twelve months of lost profits and continuing expenses. **Employment practices liability insurance (EPLI).** Once the LLC has employees, it can be sued for wrongful termination, discrimination, and harassment. EPLI covers these claims, which are not covered by the CGL policy. **Commercial umbrella policy.** An umbrella policy sits on top of the CGL, commercial auto, and employer's liability policies and adds an additional layer of coverage. If the LLC has a $1,000,000 CGL policy and a $2,000,000 umbrella, the LLC has $3,000,000 of total protection. Most operating businesses should carry an umbrella of at least $1,000,000, and businesses with significant assets, high customer traffic, or dangerous operations should carry $2,000,000 to $5,000,000 or more. Umbrella coverage typically costs a few hundred dollars per year per million dollars of coverage, which makes it the cheapest asset protection money can buy. ## Does Arizona law require a business LLC to carry insurance? Arizona law requires two coverages. First, every Arizona employer with one or more employees must carry workers' compensation insurance. Second, every vehicle operated on Arizona roads must carry minimum liability insurance. Beyond those two requirements, business insurance is generally not mandated by statute, but it is frequently required by commercial leases, lender loan documents, franchise agreements, professional licensing rules, and customer contracts. More importantly, going without it puts everything the LLC owns at risk. ## How much insurance coverage is enough? There is no single number, but the guiding principle is simple: your liability limits should be large enough that a bad verdict is paid by the insurance company, not by the LLC's assets. Consider three factors. First, the value of what you are protecting — the LLC's bank accounts, equipment, inventory, and the value of the business as a going concern. Second, the riskiness of the activity — a trampoline park needs more coverage than a bookkeeping service. Third, the combined net worth of the members, because plaintiffs' lawyers pursue deep pockets. When in doubt, buy the higher limit. Increasing liability coverage from $1,000,000 to $2,000,000 usually costs far less than most people expect, and umbrella coverage is the least expensive way to add millions of dollars of protection. ## What else do members of a business LLC need to know about insurance? **The LLC must be the named insured.** The entity that operates the business must be the named insured on the policy. If you operated as a sole proprietor and later formed an LLC, contact your insurance agent and have every policy reissued or endorsed with the LLC as the named insured. A policy that names the wrong insured may pay nothing. **Members and managers should be additional insureds.** Ask your agent to add the members (and the manager, if the LLC is manager-managed) as additional insureds so the policy defends and covers them if they are personally named in a lawsuit arising from LLC business. **Never let coverage lapse.** A liability claim that occurs during even a one-day gap in coverage is completely uninsured. Put policies on automatic renewal and calendar the renewal dates. **Satisfy your lease and contract requirements.** Commercial leases and many customer contracts require specific coverage types, minimum limits, and additional insured endorsements naming the landlord or customer. Give your agent a copy of every lease and major contract so the policies comply. Failure to carry required coverage is a breach of the lease or contract. **Get certificates of insurance from vendors and subcontractors.** Before any contractor or vendor works for the LLC, get a certificate of insurance proving the vendor carries liability and workers' compensation coverage. If an uninsured subcontractor's worker is injured on your job, your LLC becomes the target. **Review coverage every year.** Revenue, payroll, inventory values, and risks change as the business grows. Meet with your insurance agent annually to make sure your coverage amounts, named insureds, and policy types still match reality — especially after hiring employees, buying vehicles, signing a new lease, or launching a new product or service. **Consider insurance in your buy-sell planning.** Multi-member LLCs should consider life insurance on each member to fund the buyout of a deceased member's interest under the LLC's buy-sell provisions, and key person insurance if the business depends on one person's skills or relationships. **Insurance does not excuse sloppy LLC practices.** To keep the LLC's liability shield strong, the LLC must have an Operating Agreement, sign contracts in the LLC's name, maintain its own bank account, and keep its assets separate from the members' personal assets. Insurance protects the LLC's assets; good LLC housekeeping protects yours. ## Should I ask my lawyer or my insurance agent about coverage? Both. A licensed insurance agent or broker is the right person to quote policies, recommend specific carriers, and place coverage — attorneys do not sell insurance. Your LLC attorney is the right person to make sure the LLC is properly formed and maintained, the Operating Agreement addresses insurance obligations among the members, and your leases and contracts contain the right insurance requirements. When your legal structure and your insurance program are designed to work together, you have the strongest asset protection available. ## Protect Your Business with a Properly Formed Arizona LLC Arizona LLC attorneys Richard Keyt and his son, attorney and CPA Richard C. Keyt, have formed 10,000+ Arizona LLCs. We prepare custom Operating Agreements that address the insurance obligations of the members and the buy-sell provisions every multi-member LLC needs. See the fees and contents of our [3 LLC Formation Packages](https://azllc.com/contents). To hire us to form an LLC submit our online questionnaire at [azllc.com/llcq](https://azllc.com/llcq), call Richard Keyt at **480-664-7478**, or email . ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona LLC Bank Account Rules: Avoid Commingling Funds](https://www.keytlaw.com/arizona-llc-bank-account-requirements/) **Published:** July 3, 2026 **Author:** Richard Keyt **Content:** # Arizona LLC Bank Account Rules: Avoid Commingling Funds By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary Your Arizona LLC should deposit all of its income into one business bank account opened in the LLC’s exact legal name — not your personal account, not several scattered accounts, and never an account in someone else’s name. Keeping the company’s money separate from your money and from any third party’s money is what preserves the liability shield you formed the LLC to get. Mixing those funds, known as commingling, is the single most common reason Arizona courts pierce an LLC’s veil and hold owners personally liable for company debts, and it also creates serious tax, accounting, and ownership problems. This FAQ explains why your LLC needs its own account, why one clean account beats multiple accounts, why the account must be in the LLC’s name, and exactly what can go wrong when the money gets mixed together. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![llcl-bank-account-rules](https://www.keytlaw.com/wp-content/uploads/2026/07/llc-bank-account-rules-1024x559.png "llc-bank-account-rules - KEYTLaw") An Arizona LLC should deposit all of its income into one dedicated business bank account opened in the LLC’s exact legal name using the LLC’s own EIN. Keeping company money separate from personal money — and from any third party’s money — is what preserves the LLC’s liability shield under A.R.S. § 29-3304. Mixing (commingling) the LLC’s funds with a member’s or a third party’s funds is the leading reason Arizona courts pierce an LLC’s veil and hold owners personally liable, and it also creates serious tax, accounting, and ownership problems. This FAQ explains why your LLC needs its own account, why it should not use multiple accounts or an account in someone else’s name, and what can go wrong when funds are commingled. You formed a limited liability company to put a legal wall between your business risks and your personal assets. How you handle the company’s money is what keeps that wall standing. The questions below explain, in plain language, why every Arizona LLC needs its own bank account, why one clean account beats several scattered ones, why the account must be in the LLC’s name and no one else’s, and what can happen if you mix the company’s money with your own or with a third party’s. ## Does my Arizona LLC need to have its own bank account? Yes. Every Arizona LLC that earns income or pays expenses should open and use a dedicated business checking account in the LLC’s exact legal name. An LLC is a separate legal “person” under Arizona law, distinct from its owners (called members). The single biggest reason people form an LLC is to obtain the liability shield of A.R.S. § 29-3304, which makes the LLC’s debts and obligations solely the LLC’s responsibility and not the personal responsibility of its members. That shield depends on treating the LLC as a genuinely separate business, and a dedicated bank account is the clearest, simplest proof that the LLC and its owner are two different things. Depositing the company’s revenue into its own account and paying the company’s expenses from that account is the foundation on which every other good habit rests. ## Why can’t I just deposit my LLC’s income into my personal bank account? Because doing so erases the legal line between you and your company. When your LLC’s income lands in your personal account, and you pay company bills from the same account you use for groceries and your mortgage, there is no longer any real financial separation between you and the business. A creditor, a plaintiff’s lawyer, the IRS, or a bankruptcy trustee can point to that fact and argue the LLC was never a real, separate business — that it was just you operating under a different name. That argument is the first step toward stripping away your liability protection and reaching your personal assets. It also makes your bookkeeping, your tax return, and any future audit far harder than they need to be. ## What is commingling of funds, and why is it so dangerous? Commingling means mixing the LLC’s money with personal money or with a third party’s money so the funds can no longer be cleanly separated. Common examples include depositing company checks into a personal account, paying personal expenses directly out of the company account, running a spouse’s or friend’s income through the LLC account, or using one shared account for two different businesses. Commingling is dangerous because it is the single fact courts most often rely on to “pierce” an LLC’s liability shield. Even under Arizona’s LLC-friendly statute, a court can look past the company and hold the owner personally liable when the funds are so mixed that the LLC has no real, independent existence of its own. ## Should my Arizona LLC have more than one bank account? As a general rule, no. One clean operating account in the LLC’s name is simpler, easier to reconcile, and easier to defend. Multiple accounts create more places for money to be misdirected, more statements to track, more chances for a deposit to land in the wrong account, and more opportunities for honest bookkeeping mistakes that later look like commingling. There are legitimate exceptions — a separate account for payroll taxes, a client-trust or escrow account required by law or contract, or a dedicated tax-savings or reserve account. But each additional account should exist for a clear business reason, be titled in the LLC’s exact name, and be tracked in the company’s books. Opening extra accounts just because you can usually adds risk without adding benefit. ## Can my LLC’s bank account be in a third party’s name instead of the LLC’s name? No. The account must be opened in the LLC’s exact legal name using the LLC’s own EIN — not in the name of a member, a manager, a spouse, a friend, or another company. An account in a third party’s name defeats the entire purpose of having the LLC receive and hold its own money. If the LLC’s revenue flows into an account owned by someone else, then on paper that money belongs to that other person, where it is exposed to that person’s creditors, that person’s divorce, that person’s death, and that person’s tax problems. It also destroys the separation between the LLC and its owners that the liability shield depends on. Here is a simple test: if the bank statement does not say the LLC’s name at the top, it is not the LLC’s account. ## What can happen if my LLC mixes its income and expenses with a third party? Mixing the LLC’s money with a third party’s money can trigger several serious problems, often all at once: - **Loss of liability protection.** Commingling is the classic evidence a court uses to decide the LLC is merely the owner’s alter ego, which lets a creditor reach the owner’s personal assets. - **Exposure to the third party’s problems.** Money sitting in an account tied to another person can be seized by that person’s creditors, frozen in that person’s divorce or bankruptcy, or tied up if that person dies. - **Tax chaos and IRS disputes.** When two people’s income runs through one account, it becomes unclear who earned what, which invites audits, penalties, and disputes over who owes the tax. - **Lost or unprovable deductions.** If you cannot cleanly show which expenses were the LLC’s, you may lose legitimate business deductions you were entitled to claim. - **Fights over who owns the money.** Once funds are blended, the third party can later claim part of the balance, and you may have no clean records to prove otherwise. - **Expensive cleanup.** Untangling commingled accounts usually requires a CPA to reconstruct months or years of mixed transactions — far more costly than keeping the money separate from the start. ## Can commingling cause me to lose my LLC’s liability protection? Yes — this is the heart of the danger. Courts call it “piercing the veil” or the “alter ego” doctrine. When an owner treats the LLC’s bank account as a personal pocket, a court can decide the LLC is nothing more than the owner’s alter ego and hold the owner personally responsible for the company’s debts and judgments. Arizona’s LLC Act actually helps owners here: A.R.S. § 29-3304(B) says that failing to observe ordinary formalities — such as not holding meetings or not keeping minutes — is not, by itself, a reason to impose personal liability. But commingling funds is different from skipping a meeting. Mixing the company’s money with personal or third-party money goes to whether the company has any real, separate existence at all, and Arizona courts still treat serious commingling as strong evidence that the shield should be set aside. Put simply, the statute forgives sloppy paperwork, but it does not forgive treating the company’s money as your own. ## Does Arizona law require my LLC to have a separate bank account? No Arizona statute literally commands an LLC to open a bank account — but that is the wrong question to focus on. The liability protection you formed the LLC to obtain depends on the LLC operating as a genuinely separate business, and a dedicated bank account is the most basic and most persuasive proof of that separation. Banks, the IRS, and the courts all expect a real business to have its own account. Treat a separate account not as an optional formality but as an essential, practical requirement of running the company in a way that actually protects you. ## What tax and accounting problems does commingling cause? Even setting the liability shield aside, mixing funds creates expensive tax and accounting headaches. The IRS expects a clear, separate record of the LLC’s income and deductible expenses. When personal and business money share an account, you can lose or be unable to prove legitimate business deductions, misstate income, and raise red flags in an audit. If the LLC has more than one member, commingling makes it nearly impossible to correctly track each member’s capital account, contributions, and distributions. Reconstructing commingled records after the fact — often with a CPA sorting through months or years of blended transactions — usually costs far more than simply keeping the money separate from day one. ## What do I need to open a bank account for my Arizona LLC? Most Arizona banks will ask for the LLC’s file-stamped Articles of Organization from the Arizona Corporation Commission, the LLC’s EIN (federal tax ID number) from the IRS, the LLC’s operating agreement, and identification for the members or managers who will sign on the account. Open the account in the LLC’s exact legal name, use the LLC’s EIN rather than your Social Security number, and make sure the signature card and monthly statements show the company’s name. From the very first deposit forward, run all company income into that account and pay all company expenses from it. ## What are the best practices for my Arizona LLC’s bank account? - Open one operating account in the LLC’s exact legal name using its EIN. - Deposit all company revenue into that account and pay all company expenses from it. - Never pay personal expenses directly from the company account — instead, take a documented distribution or salary and spend from your personal account. - Never run another person’s or another business’s money through the account. - Keep a written operating agreement and clean books that match the bank statements. - Take money out the right way, as documented distributions, guaranteed payments, or salary, rather than dipping in informally. - If you truly need a second account, give it a clear business purpose and title it in the LLC’s name. ## Talk With an Arizona LLC Attorney Richard Keyt and Richard C. Keyt have formed more than 10,000 Arizona LLCs. If you have questions about setting up your LLC’s bank account, protecting your liability shield, or fixing commingled funds, we can help you do it right. Call **480-664-7478** or email . Learn more about forming your Arizona LLC at [azllc.com](https://azllc.com) or [keytlaw.com](https://www.keytlaw.com/arizona-estate-planning-faqs/). Book a free office, phone or Zoom video meeting with one of our LLC attorneys using our [online calendar](https://www.keytlaw.com/calendar). ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona LLC Members, Managers & Statutory Agents Explained](https://www.keytlaw.com/arizona-llc-members-managers-statutory-agents/) **Published:** July 3, 2026 **Author:** Richard Keyt **Content:** # Arizona LLC Members, Managers & Statutory Agents Explained By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary Every Arizona LLC involves three roles owners often confuse: the member who owns the company, the manager who runs it, and the statutory agent who receives lawsuit papers. This guide explains what each role is, how a person becomes each one, and the practical problems that arise for each — so you can make smart decisions before you file your Articles of Organization. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![members-managers-stat-agent](https://www.keytlaw.com/wp-content/uploads/2026/07/members-managers-stat-agent-1024x559.png "members-managers-stat-agent - KEYTLaw") # Arizona LLC Members, Managers & Statutory Agents: Who Does What Every Arizona limited liability company involves three roles that new business owners routinely confuse: the **member**, the **manager**, and the **statutory agent**. They sound interchangeable, but they are not. One owns the company, one runs it, and one simply receives lawsuit papers. Mixing them up can cost you money, control, and in a worst case, the company itself. This article explains what each role is, how a person becomes each one, and the practical problems that arise for each. The goal is to help you make smart decisions before you file your Articles of Organization with the Arizona Corporation Commission (ACC) — because the choices you make at formation are hard and sometimes expensive to unwind later. ## What Is an Arizona LLC Member? A **member** is an owner of the LLC. Membership is the LLC equivalent of being a shareholder in a corporation or a partner in a partnership. Members own the company, share in its profits and losses, and — unless the operating agreement says otherwise — have the right to vote on company matters. An LLC can have one member (a single-member LLC) or many members. Arizona law treats a member's ownership as two conceptually separate bundles of rights: the **economic rights** (the right to receive distributions of money and property, called a “transferable interest”) and the **governance rights** (the right to vote, manage, and see company records). This distinction matters because a member can transfer the economic rights without transferring the right to participate in management or become a full member. ### How to Become an LLC Member Under the Arizona Limited Liability Company Act, a person becomes a member in one of these ways: **1. On formation.** The people identified as the initial members when the LLC is created become members when the company is formed. **2. As the operating agreement provides.** A well-drafted operating agreement sets the rules for admitting new members — for example, requiring a capital contribution and the consent of the existing members. **3. By consent of all existing members.** If there is no operating agreement provision on point, Arizona's default rule requires the unanimous consent of the current members to admit a new one. **4. By acquiring an interest and being admitted.** Someone who buys, inherits, or is gifted a membership interest does not automatically become a full member. They receive the economic rights (the transferable interest), but they do not gain voting or management rights, or the status of member, unless they are admitted under the operating agreement or by the other members. ### Issues That Arise for Members **Limited liability is not automatic or absolute.** The main reason to form an LLC is to shield the members' personal assets from the company's debts and lawsuits. But that shield can be lost. Members who sign a personal guarantee on a lease or loan are personally on the hook. Members who commit fraud, fail to respect the company as a separate entity, or fail to keep company and personal money separate risk having a court “pierce the veil” and hold them personally liable. **No pay for your own work — unless you plan for it.** Arizona law states that a member of a member-managed LLC is not entitled to be paid for services performed for the company. If you expect to draw a salary or fee from your own LLC, your operating agreement must expressly authorize it. Without that language, a member who pays himself can face a claim from the other members. **Disputes and deadlocks.** When two members each own 50%, or when several members disagree, the company can deadlock. A thoughtful operating agreement with buy-sell provisions, voting rules, and a tie-breaking mechanism prevents a disagreement from freezing or destroying the business. **Death, divorce, and transfer restrictions.** Without planning, a member's interest can pass to an ex-spouse, an estate, or an unwanted third party. Membership interests should be tied to your estate plan, and the operating agreement should restrict transfers so you do not wake up with a stranger as your co-owner. ## What Is an Arizona LLC Manager? A **manager** is a person or entity that runs the day-to-day operations of a **manager-managed** LLC. A manager has the authority to sign contracts, open bank accounts, hire employees, and make ordinary business decisions on behalf of the company. Importantly, a manager does not have to be a member — you can hire a professional manager who owns no part of the company at all. ### Member-Managed vs. Manager-Managed Every Arizona LLC is one of two management types, and you choose which at formation: **Member-managed** is the default. Every member has equal authority to run the business and bind the company. This works well when all the owners want a hands-on role. **Manager-managed** concentrates day-to-day authority in one or more designated managers. Members become more like passive investors: they still vote on major structural decisions, but they step back from running the company. This structure fits LLCs with silent investors, or a single active owner who does not want every member signing contracts. ### How to Become a Manager (and a Critical Trap) Here is where many Arizona LLC owners get an unpleasant surprise. Naming a manager on the Articles of Organization is **not** enough to give that person actual management power. Under current Arizona law, an LLC's management structure and its managers are governed by the **operating agreement**, not the ACC filing. If your Articles of Organization say the LLC is manager-managed and name John as the manager, John still holds no legal management authority unless the operating agreement names him as the manager. An LLC with no operating agreement that names a manager may effectively have no one with clear authority to act — a serious problem when a bank, buyer, or court asks who is in charge. To properly become a manager, all of the following should be in place: (1) the LLC is designated manager-managed, (2) a written operating agreement names the manager and describes the manager's powers, and (3) the manager is chosen and, if needed, replaced by the vote of a majority in interest of the members, as Arizona law provides. ### Issues That Arise for Managers **Managers owe fiduciary duties.** A manager owes duties of loyalty and care to the company and its members, plus the obligation of good faith and fair dealing. A manager who self-deals, competes with the company, or acts recklessly can be held liable to the members. **Some decisions still require member approval.** Even in a manager-managed LLC, a manager cannot single-handedly do everything. Major actions — amending the operating agreement, admitting a new member, selling the company, taking on debt outside the company's stated purpose, or converting the management type — require member consent, often unanimous. A good operating agreement spells out exactly which decisions the manager may make alone and which need a member vote. **Succession when the sole manager is gone.** If you are the only manager of a manager-managed LLC and you die or become incapacitated, the company can be left with no one legally authorized to run it. The operating agreement should name a successor manager and a mechanism to appoint a replacement. **Removal and resignation.** Members can generally replace a manager by majority-in-interest vote, and a manager may resign. Disputes over removal are common, which is another reason the operating agreement should state the removal and replacement rules clearly. ## What Is an Arizona LLC Statutory Agent? A **statutory agent** is the person or company an Arizona LLC designates to receive service of process (lawsuit papers, subpoenas) and official notices from the Arizona Corporation Commission. Most other states call this role the “registered agent” — in Arizona it means the same thing. Every Arizona LLC is required by law to designate and continuously maintain a statutory agent. Do not confuse the statutory agent with a member or manager. The statutory agent has **no ownership, no management authority, and no decision-making power**. Its job is narrow: receive legal documents and forward them to the company. A member or manager can also serve as the statutory agent, but the roles are legally separate. ### Who Can Be a Statutory Agent Arizona law limits who qualifies. A statutory agent for an LLC must be one of the following, with a physical place of business or residence in Arizona: an individual who is an Arizona resident, an Arizona corporation or LLC, or a foreign corporation or LLC authorized to do business in Arizona. The agent must have a physical Arizona street address — a P.O. box, private mailbox, or mail-receiving service does not qualify, because someone must be physically present to accept legal papers during business hours. Note also that the LLC cannot serve as its own statutory agent. ### How to Appoint (and Become) a Statutory Agent You name your initial statutory agent in the Articles of Organization when you form the LLC. The appointment is not effective until the agent **accepts** it. If the agent personally signs the Articles of Organization, the acceptance is built in. Otherwise, the agent must sign and deliver a separate Statutory Agent Acceptance form to the ACC. To change your statutory agent later, you file a Statement of Change with the ACC (a small filing fee applies). A statutory agent who wants to quit files a Statement of Resignation, which becomes effective a set number of days after filing unless a replacement is appointed sooner. ### Issues That Arise for Statutory Agents **Your address becomes public.** The statutory agent's name and street address are part of the LLC's public record with the ACC. Owners who use their home address as the statutory agent address publish that home address to the world. Many owners hire a commercial statutory agent service to keep their personal address private. **You must be available during business hours.** Because the agent receives lawsuit papers in person, someone must be reachable at the listed address during normal business hours. An owner who travels, works in the field, or is frequently away from the office may miss a critical delivery. **A missed lawsuit can be catastrophic.** If the statutory agent fails to receive or forward a summons, the LLC may never learn it is being sued — and can lose by default judgment. A default judgment entered without the company's knowledge can devastate or bankrupt a business. **Lapse leads to dissolution.** Arizona requires the LLC to keep a valid statutory agent on file at all times. Letting the statutory agent lapse for an extended period is one of the grounds the ACC uses to administratively dissolve the company. A dissolved LLC loses its authority to conduct business and its liability protection can be jeopardized. If you use a rental or business property as the agent address and later sell it, you must promptly file a change — otherwise your official mail goes to an address you no longer control. ## Quick Comparison of the Three Roles **Member** — owns the LLC; shares in profits; votes on company matters. There must be at least one. **Manager** — runs a manager-managed LLC; may or may not be a member. Only exists if the LLC is manager-managed and the operating agreement names the manager. **Statutory Agent** — receives lawsuit papers and state notices; no ownership or authority. Required for every LLC, and must have a physical Arizona address. One person can hold all three roles at once. A single owner of a single-member LLC can be the sole member, the manager, and the statutory agent. But even then, understanding that these are three distinct legal roles — with three distinct sets of duties and risks — helps you run the company correctly and protect your liability shield. ## Frequently Asked Questions **Does an Arizona LLC have to have a manager?** No. An LLC only has managers if it is manager-managed. Arizona LLCs are member-managed by default, meaning the members run the company and there are no managers at all. **Can a member also be the manager and the statutory agent?** Yes. One person can be a member, the manager, and the statutory agent of the same LLC. The roles are legally distinct, but nothing stops a single individual from filling all three. **Can my LLC be its own statutory agent?** No. An Arizona LLC cannot name itself as its own statutory agent. The agent must be a qualifying individual or a separate business entity with a physical Arizona address. **If I name a manager in my Articles of Organization, is that person legally the manager?** Not necessarily. Under current Arizona law, a named manager holds no actual management authority unless the LLC has an operating agreement that names that person as the manager. This is one of the most important reasons every Arizona LLC should have a written operating agreement. **What happens if I do not maintain a statutory agent?** The LLC can be administratively dissolved by the Arizona Corporation Commission. A dissolved LLC loses its authority to do business, and you may miss lawsuits served on the old agent, resulting in default judgments against the company. **Do members of an Arizona LLC have personal liability for company debts?** Generally no — that is the point of an LLC. But members can lose that protection by signing personal guarantees, committing fraud, or failing to treat the LLC as a separate entity. A well-drafted operating agreement and proper company recordkeeping help preserve the liability shield. ## Get Your Arizona LLC Formed the Right Way Arizona LLC attorneys Richard Keyt and his son, attorney and CPA Richard C. Keyt, have formed 10,000+ Arizona LLCs. When we form your LLC, we prepare a custom operating agreement that names your members, managers, and statutory agent correctly — so the roles that protect your business actually hold up. See the fees and contents of our [3 LLC Formation Packages](https://azllc.com/contents). To hire us to form an LLC submit our online questionnaire at [azllc.com/llcq](https://azllc.com/llcq), or call Richard Keyt at [480-664-7478](tel:4806647478) or email . ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: How Do I Make a Gift of My Arizona LLC Interest?](https://www.keytlaw.com/how-to-give-az-llc-membership-interest/) **Published:** June 21, 2026 **Author:** Richard Keyt **Content:** # FAQ: How Do I Make a Gift of My Arizona LLC Interest? By Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt) (480-664-7478 & rk@keytlaw.com) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (480-664-7472 & rck@keytlaw.com). We have formed over 10,000 LLCs and have 424 [five-star reviews](https://birdeye.com/keytlaw-llc-147983304225680) on Google, Facebook & Birdeye. Book a [free office, phone or Zoom consultation](https://www.keytlaw.com/calendar). ## FAQ Summary Gifting an Arizona LLC membership interest — whether a small slice or the entire stake — is straightforward in concept but requires careful attention to your Operating Agreement, Arizona law, and tax consequences. The Operating Agreement controls whether you need other members’ consent and whether the recipient becomes a full member (with voting rights) or merely an economic interest holder (distributions only). The transfer should always be documented in a written Assignment of Membership Interest, and depending on how your Articles of Organization are structured, an amendment filing with the Arizona Corporation Commission may be required. On the tax side, no income tax is triggered at transfer, but gifts above the annual exclusion ($18,000 per recipient in 2024) require an IRS Form 709 and reduce the donor’s lifetime exemption. Valuation discounts for lack of control or marketability can make LLC interests especially efficient vehicles for wealth transfer. Single-member LLC owners should be particularly cautious — gifting any portion converts the entity to a multi-member LLC, changing its federal tax classification from a disregarded entity to a partnership by default. Done strategically, gifting LLC membership interests is a powerful estate planning tool that removes future appreciation from the taxable estate while transferring wealth incrementally to heirs or trusts — but it calls for coordination between an experienced LLC attorney and a CPA before any transfer is made. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![llc-gift](https://www.keytlaw.com/wp-content/uploads/2026/06/llc-gift-1024x559.png "llc-gift - KEYTLaw") [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) How to Gift an Arizona LLC Membership Interest | KEYTLaw # How to Gift an Arizona LLC Membership Interest to Another Person A member of an Arizona limited liability company can give away all or a portion of the member's membership interest to another person as a gift. How you go about the transfer depends on whether your LLC has an Operating Agreement and whether that agreement places any restrictions on transferring membership interests. This article explains both scenarios and walks you through the steps to complete a valid gift transfer. ## Hire Us to Document a Member Change To hire us to document a member change submit our online questionnaire at . ## What Is a Membership Interest? A membership interest is a member's ownership stake in an Arizona LLC. It includes the member's right to receive distributions of profit and, depending on the LLC's structure, the right to participate in managing the company. When a member makes a gift of a membership interest, the member transfers some or all of that ownership to the recipient without receiving anything of value in return. A membership interest can be gifted in full — meaning the donor gives up the entire ownership percentage — or in part, such as giving away 25% of a 100% interest while retaining 75%. The flexibility to transfer any portion makes membership interests a useful asset in estate and gift planning. ## The Critical Threshold: Does Your LLC Have an Operating Agreement? The single most important factor in a membership interest gift transfer is whether your LLC has an Operating Agreement and, if so, whether that agreement restricts or regulates the transfer of membership interests. Arizona LLC law gives members wide latitude to customize their governance through an Operating Agreement, including the power to restrict, condition, or even prohibit transfers. --- ## Scenario 1: The Operating Agreement Requires Member Approval for Transfers Many well-drafted Operating Agreements contain a provision that requires the approval of the other members — or in some agreements a supermajority of members — before a member may transfer a membership interest to a third party. This type of provision protects the remaining members from having a stranger thrust upon them as a co-owner without their consent. If your Operating Agreement contains such a restriction, the donor member must obtain the required approval before the gift transfer becomes effective and enforceable. Skipping this step does not necessarily void the transfer entirely — Arizona law distinguishes between the transfer of economic rights and the admission of a new member — but it can create serious problems: - The recipient may receive only the economic rights (the right to receive distributions) and not the management rights of a full member. - The non-consenting members may have grounds to challenge the transfer or seek damages for breach of the Operating Agreement. - The recipient may be treated only as an "assignee" under Arizona law rather than as a full member with voting rights. ### Steps When Member Approval Is Required 1 **Read the Operating Agreement carefully.** Identify the exact transfer-restriction provision. Note what percentage of member approval is required, whether the approval must be in writing, and whether there are any procedural requirements such as advance notice or a waiting period. 2 **Give proper notice to all members.** Notify the other members in writing of the proposed gift transfer. Describe the proposed recipient and the percentage of membership interest to be transferred. Follow any notice procedures set out in the Operating Agreement. 3 **Obtain written consent from the required members.** Collect written approvals — usually signed consent forms or unanimous written consent — from all members whose approval is required. Do not rely on verbal agreements. Keep signed originals in the LLC's records. 4 **Execute a Membership Interest Gift Assignment.** Prepare and sign a written Assignment of Membership Interest documenting that the donor is transferring the specified percentage to the recipient as a gift with no consideration paid. Both the donor and the recipient should sign the document. 5 **Amend the Operating Agreement to admit the new member.** If the recipient is to be admitted as a full member with voting and management rights, the Operating Agreement must be amended to reflect the new membership percentages and to formally admit the new member. All members who are required to sign amendments must sign. 6 **Update the LLC's internal records.** Record the transfer in the LLC's membership ledger or membership register. If the LLC's Articles of Organization list members, file an Amendment to Articles of Organization with the Arizona Corporation Commission to update the public record. If the Arizona LLC is member-managed, the LLC's Articles of Organization must be amended to show the name and address of the new member and to eliminate the transferring member if that member ceases to be a member. If the Arizona LLC is manager-managed, the Articles of Organization only needs to be amended if a new member acquires 20% or more and if an existing member ceases to own 20% or more. **Important:** Check your Operating Agreement for any right-of-first-refusal provisions. Some agreements give the existing members the right to purchase the membership interest being transferred before it can be given to an outside party. Even a gift transfer can trigger a right-of-first-refusal clause if the agreement is broadly drafted. Read it carefully or have an attorney review it before you proceed. --- ## Scenario 2: No Operating Agreement, or the Operating Agreement Does Not Address Transfers If the LLC has no Operating Agreement, or if the LLC has an Operating Agreement that is silent on the transfer of membership interests, Arizona's LLC statute — the Arizona Limited Liability Company Act found in A.R.S. Title 29, Chapter 7 — provides the default rules that govern the transfer. Under Arizona's default statutory rules, a member may freely transfer the member's transferable interest (the economic rights to receive distributions) to any person without the consent of the other members. However, the transferee does not automatically become a member with voting or management rights. To become a full member, the transferee must be admitted by the consent of all of the other members unless the Operating Agreement provides otherwise. ### Steps When No Operating Agreement Exists or the Agreement Is Silent on Transfers 1 **Execute a written Assignment of Membership Interest.** Even though Arizona law does not require a specific form, always document the gift transfer in writing. The assignment should identify the LLC, the donor member, the recipient, the percentage of membership interest being transferred, and a statement that the transfer is a gift with no monetary consideration. Both parties should sign and date the document. 2 **Obtain consent of all other members to admit the recipient as a full member.** Because Arizona's default rule requires the consent of all existing members to admit a new member, the donor should obtain written consent from all other members. This can be done through a written consent signed by each member or through a formal membership meeting with minutes reflecting the vote to admit the new member. 3 **Create or amend the Operating Agreement.** If the LLC has no Operating Agreement, this is an excellent opportunity to create one that reflects the new membership structure and protects all members going forward. If the LLC has a silent Operating Agreement, amend it to reflect the new membership percentages and to formally document the admission of the new member. 4 **Update the LLC's membership records.** Record the new membership percentages in the LLC's internal records. If the Articles of Organization list the members, file an Amendment to Articles of Organization with the Arizona Corporation Commission. **Single-Member LLC note:** If the LLC has only one member and that member is gifting a portion of the membership interest to another person, the LLC will become a multi-member LLC after the transfer. This changes how the LLC is taxed by the IRS — it shifts from a single-member LLC taxed as a disregarded entity to a multi-member LLC taxed as a partnership by default. The members should consult a CPA or tax attorney before completing the transfer to understand the tax consequences and to determine whether any IRS filings are required. --- ## Documents You Need to Complete the Gift Transfer Regardless of which scenario applies to your LLC, you will need the following documents to properly complete a gift of a membership interest: - **Assignment of Membership Interest** — the core document transferring the specified percentage from the donor to the recipient as a gift - **Written Consent of Members** (if required) — signed approval from the other members consenting to the transfer and to the admission of the new member - **Amendment to Operating Agreement** (or a new Operating Agreement) — updated governance document reflecting the new ownership percentages and formally admitting the recipient as a member - **Amendment to Articles of Organization** (if members are listed in the Articles) — filed with the Arizona Corporation Commission to update the public record. If the Arizona LLC is member-managed, the LLC's Articles of Organization must be amended to show the name and address of the new member and to eliminate the transferring member if that member ceases to be a member. If the Arizona LLC is manager-managed, the Articles of Organization only needs to be amended if a new member acquires 20% or more and if an existing member ceases to own 20% or more. ## Gift Tax Considerations Gifting a membership interest is a taxable gift for federal gift tax purposes if the value of the gifted interest exceeds the annual gift tax exclusion amount for the year of the transfer. For 2024, the annual exclusion is $18,000 per recipient. If the value of the gifted interest exceeds the annual exclusion, the donor must file IRS Form 709 (United States Gift and Generation-Skipping Transfer Tax Return) for the year of the gift. Gifts in excess of the annual exclusion reduce the donor's lifetime federal estate and gift tax exemption. Valuing a membership interest in a closely held LLC is not straightforward. The value may be subject to discounts — most commonly a discount for lack of marketability and a discount for lack of control — which can significantly reduce the taxable value of the gifted interest below what a pro-rata share of the LLC's net asset value would suggest. To establish a defensible value for gift tax purposes, the donor should obtain a qualified appraisal from a certified business appraiser before making the gift. **Consult a tax professional:** Gift and estate tax rules are complex and the stakes are high. Always consult a qualified CPA or tax attorney before gifting a membership interest to ensure you understand the gift tax consequences and to determine whether any special valuation discounts apply. ## Why Every LLC Should Have a Comprehensive Operating Agreement The single best way to avoid disputes and confusion about membership interest transfers is to have a well-drafted, comprehensive Operating Agreement that addresses all of the following: - What approval, if any, is required for a voluntary transfer of a membership interest - Whether existing members have a right of first refusal before an interest can be transferred to an outsider - What conditions must be satisfied before a transferee can be admitted as a full member - How membership interests are valued for transfer and buyout purposes - What happens to a membership interest upon the death, disability, divorce, or bankruptcy of a member - How the LLC will be managed after a transfer that changes the membership composition Without a comprehensive Operating Agreement, your LLC is governed by Arizona's default statutory rules, which may not reflect what the members actually want. Arizona's default rules exist to fill gaps, not to produce the best outcome for your particular situation. Richard Keyt and his son and law partner Richard C. Keyt ("Ricky") — who is also a licensed CPA — draft custom Arizona LLC Operating Agreements for their clients. If you need an Operating Agreement or need to amend an existing one to address membership transfers, contact KEYTLaw at 480-664-7478. --- ## Frequently Asked Questions About Gifting an Arizona LLC Membership Interest ### Can a member of an Arizona LLC gift a membership interest without the other members' consent? It depends on the Operating Agreement. If the Operating Agreement requires member approval for transfers, the donor must obtain that approval before the transfer is complete or enforceable as a full membership interest. If there is no Operating Agreement or the agreement is silent on transfers, Arizona's default rules allow the donor to freely transfer the economic rights (the right to receive distributions) without consent. However, the recipient cannot become a full member with voting rights unless all of the other members consent. ### What is the difference between transferring economic rights and being admitted as a member? Under Arizona law, a membership interest has two components: the economic rights (the right to receive distributions of profit and the right to a share of assets upon dissolution) and the membership rights (the right to vote, participate in management, and receive information about the LLC). A donor can transfer the economic rights to a recipient without the other members' consent. But the recipient only receives the full bundle of membership rights — becoming a true member — if the other members consent to the admission. If the other members do not consent, the recipient is an "assignee" who receives money but has no voice in how the LLC is run. ### Does a gift of an LLC membership interest have to be in writing? Arizona law does not expressly require a membership interest transfer to be in a signed writing, but you should always document the transfer in writing. A written Assignment of Membership Interest signed by both the donor and the recipient is essential to prove that the gift occurred, to establish the exact percentage transferred, and to protect all parties if a dispute arises later. Relying on a verbal agreement or an undocumented transfer is a serious mistake that can lead to costly litigation. ### Do I need to file anything with the Arizona Corporation Commission after gifting a membership interest? It depends on what information is listed in your LLC's Articles of Organization. Arizona LLCs are not required to list members or their ownership percentages in the Articles of Organization. If your Articles do not list members or membership percentages, no amendment filing with the Arizona Corporation Commission (ACC) is required solely because of a membership interest transfer. However, if your Articles do list members or ownership percentages, you should file an Amendment to Articles of Organization with the ACC to update the public record. If the Arizona LLC is member-managed, the LLC's Articles of Organization must be amended to show the name and address of the new member and to eliminate the transferring member if that member ceases to be a member. If the Arizona LLC is manager-managed, the Articles of Organization only needs to be amended if a new member acquires 20% or more and if an existing member ceases to own 20% or more. The amendment filing fee is currently $25 online through the ACC's eCorp system. ### What are the tax consequences of gifting an LLC membership interest? The donor does not recognize gain or loss on the gift of an LLC membership interest for federal income tax purposes — no income tax is owed at the time of the gift itself. However, the donor may owe federal gift tax if the value of the gifted interest exceeds the annual gift tax exclusion ($18,000 per recipient in 2024). If the annual exclusion is exceeded, the donor must file IRS Form 709. Any excess reduces the donor's lifetime estate and gift tax exemption. The recipient takes the donor's adjusted basis in the gifted interest, which is important for calculating the recipient's gain or loss if the interest is later sold. A qualified CPA or tax attorney should be consulted before any transfer is made. ### Can a member gift a membership interest to a trust? Yes. A member can gift all or a portion of a membership interest to a revocable living trust, an irrevocable trust, or any other trust that is legally capable of holding property. The transfer process is the same as gifting to an individual — a written Assignment of Membership Interest is required, and any Operating Agreement restrictions must be satisfied. If the trust is being admitted as a full member rather than merely receiving the economic rights, the other members must consent to the trust's admission and the Operating Agreement should be amended to reflect the trust as the new member. The trustee — not the trust itself — signs documents on behalf of the trust. ### What happens if a member gifts a membership interest without getting the required consent under the Operating Agreement? The consequences depend on how the Operating Agreement is drafted and whether the other members decide to challenge the transfer. At a minimum, an unauthorized transfer likely means the recipient receives only the economic rights to the membership interest — the right to receive distributions — and not the right to participate in management or vote. The non-consenting members may also have a breach of contract claim against the transferring member for violating the Operating Agreement. In some cases, the Operating Agreement may provide that an unauthorized transfer is void and has no effect at all. To avoid these consequences, always review and comply with your Operating Agreement before making any transfer. ### Can a member gift just a small percentage of a membership interest, such as 1% or 5%? Yes. A member can gift any fraction of the member's membership interest. For example, a member who owns 100% of an LLC can gift 5% of the LLC to a family member, retaining 95%. A member who owns 50% of an LLC can gift 10% to another person, retaining 40%. The same rules apply regardless of the size of the percentage being gifted — the Operating Agreement's transfer restrictions apply, the same documentation is required, and the gift tax annual exclusion applies to the value of whatever percentage is gifted. ### Is gifting an LLC membership interest a good estate planning strategy? Gifting LLC membership interests can be a highly effective estate planning strategy in the right circumstances. By giving away portions of a membership interest over time, a member can systematically reduce the taxable estate while transferring wealth to the next generation. When the LLC holds appreciating assets, the future appreciation on the gifted interests is removed from the donor's estate. Minority interest discounts for lack of control and lack of marketability may allow the donor to transfer more economic value than the face value of the annual gift tax exclusion would otherwise permit. This is a sophisticated strategy that requires careful planning with an estate planning attorney and a CPA before implementation. --- ## Need Help Gifting an Arizona LLC Membership Interest? Richard Keyt has formed over 10,000 Arizona LLCs and practiced Arizona law since 1979. His son and law partner Richard C. Keyt ("Ricky") is also a licensed CPA. Together they can prepare the Assignment of Membership Interest, the member consent documents, and an amended Operating Agreement to properly complete your gift transfer. Call KEYTLaw at **480-664-7478** or schedule a free consultation online. [Schedule a Free Consultation](https://www.keytlaw.com/calendar) This article was written by [Richard Keyt](https://www.keytlaw.com/richard-keyt), an Arizona LLC and estate planning attorney who has practiced Arizona law since 1979 and formed over 10,000 Arizona LLCs. Richard practices at KEYTLaw, LLC, 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, Arizona 85258. Phone: 480-664-7478. ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Estate Planning FAQs & Guide | KEYTLaw](https://www.keytlaw.com/arizona-estate-planning-faqs/) **Published:** June 3, 2026 **Author:** Richard Keyt **Content:** # Arizona Estate Planning FAQs See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They prepare custom estate plans for Arizonans that protect their most valuable assets – their loved ones. [Book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![estate plan faqs](https://www.keytlaw.com/wp-content/uploads/2026/06/ep-faqs-1024x559.png "ep-faqs - KEYTLaw") We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) # Arizona Wills, Trusts & Estate Planning FAQs Every major document in an estate plan has its own dedicated FAQ article. If you have a specific question about any of these subjects, these articles probably answer it: - [Arizona Revocable Living Trust FAQs](https://www.keytlaw.com/arizona-revocable-living-trust-faqs/) - [Arizona Certification of Trust FAQs](https://www.keytlaw.com/certification-of-trust-faqs/) - [Trustee Signature FAQs: How to Sign as a Trustee | KEYTLaw](https://www.keytlaw.com/how-to-sign-as-trustee-faq/) - [Financial Power of Attorney FAQs](https://www.keytlaw.com/arizona-financial-power-of-attorney-faqs/) - [Healthcare Power of Attorney FAQs](https://www.keytlaw.com/arizona-healthcare-power-of-attorney-faq/) - [HIPAA Authorization FAQs](https://www.keytlaw.com/arizona-hipaa-authorization-faq/) - [Living Will FAQs](https://www.keytlaw.com/arizona-living-will-faq/) - [Last Will & Testament FAQs](https://www.keytlaw.com/arizona-will-faq/) - [Guardian of Arizona Minor Children FAQs](https://www.keytlaw.com/arizona-guardian-minor-children-faq/) - [Who Gets Copies of Your Estate Planning Documents FAQs](https://www.keytlaw.com/sharing-estate-planning-documents/) - [Arizona Vehicle Transfer on Death FAQs](https://www.keytlaw.com/arizona-car-transfer-on-death/) - [Business Owners Estate Planning FAQs](https://www.keytlaw.com/business-owner-estate-planning-faqs/) - [20 FAQs About Arizona Beneficiary Deeds](https://www.keytlaw.com/arizona-beneficiary-deed-faqs/) - [Arizona Pay on Death Form FAQs](https://www.keytlaw.com/pay-on-death-form-faq) - [Firearms & Estate Planning FAQs](https://www.keytlaw.com/firearms-faq/) - [Gold, Silver & Precious Metals FAQs](https://www.keytlaw.com/precious-metals-estate-planning-faq) - [Crypto Estate Planning & Inheritance FAQs](https://www.keytlaw.com/passing-cryptocurrency-to-heirs/) ## **About the Authors** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick) is an Arizona estate planning and LLC attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at and the fee and the [36 documents & services](https://www.keytlaw.com/ep-contents) in their estate plan. ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [FAQ: How to Protect Precious Metals in Your Estate Plan](https://www.keytlaw.com/precious-metals-estate-planning-faq/) **Published:** May 26, 2026 **Author:** Richard Keyt **Content:** # Precious Metals & Estate Plans FAQ By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys The Keyts have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![firearms-faq](https://www.keytlaw.com/wp-content/uploads/2026/05/guns-faq-1024x559.png "guns-faq - KEYTLaw") [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Cryptocurrency FAQs ## **Can I leave my gold and silver to my family in my will?** Yes, but a will alone forces your family through Arizona’s probate process — a court-supervised proceeding that is slow, expensive, and public. A revocable living trust lets your gold and silver pass directly to your chosen beneficiaries without probate. ## **How do I put gold and silver into a revocable living trust?** Unlike real estate or bank accounts, physical precious metals have no title document. You transfer them to your trust by executing a written assignment of personal property — a document that clearly identifies your assets and names the trust as the owner. You should store a copy of the assignment with your trust binder and note the location of the metals in your letter of instruction. ## **What happens to my gold and silver if I die without a will or trust in Arizona?** Your assets pass under Arizona’s intestate succession laws — meaning the state decides who inherits, in what proportions, and on what timeline. The process goes through probate court and your wishes play no role. If no family can be located, the assets could eventually escheat (pass) to the state. The State of Arizona has a law that specifies who inherits the assets of an Arizona resident who dies without a will or a trust. **This law may cause your assets to be inherited by the wrong person or people if you don’t have a will or a trust**. To learn who will inherit your assets if you die without a will or a trust see my article called “[Who Inherits Your Property If You Die without a Will or a Trust](https://www.arizona-wills.com/intestate-succession/)” and take my short online quiz called “[Who Inherits Your Property](https://www.arizona-wills.com/inherits/).” If the wrong person or people would inherit your assets, you need to hire us to prepare a will or a trust that leaves your assets to the person or people you want to inherit the assets, not to the people Arizona gives your property to. ## **Can I protect the gold and silver my children inherit from their creditors or a divorce?** Yes. A Beneficiary-Controlled Asset-Protected Trust (BCAPT) — a special irrevocable trust built into your estate plan — can hold your child’s inherited precious metals in a structure that protects those assets from creditors, lawsuits, and a divorcing spouse, while still allowing your child to use and benefit from the assets. ## **Do I need to list every single coin in my assignment of personal property?** Not necessarily. A well-drafted assignment of personal property can use broad language that covers all precious metals you own without requiring an item-by-item list in the legal document itself. However, you should maintain a detailed inventory separately — both for your trustee’s benefit and to ensure accurate valuation of the estate. ## **What if my gold or silver is in a precious metals IRA?** Precious metals held in an IRA are owned by the IRA, not by you directly. They pass by beneficiary designation, not through your trust. Make sure your IRA beneficiary designations are current and aligned with your overall estate plan. If you also own physical metals outside the IRA, those are handled separately through your trust’s assignment of personal property. ## **How much does a KEYTLaw Estate Plan Cost?** We charge a flat fee for estate plans, so you know exactly what you will pay before we begin. The fee depends on whether the plan is for one person or a married couple, and whether you add optional protections like BCAPTs. Schedule a [free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar) and we will give you a specific quote based on your situation. *DISCLAIMER: This article is provided for general informational purposes only and does not constitute legal advice for any individual case or situation. Reading this article does not create an attorney-client relationship. Estate planning laws change. Please consult a qualified Arizona attorney for advice specific to your circumstances.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Federal Tax Consequences of Terminating an AZ LLC](https://www.keytlaw.com/tax-consequences-dissolving-az-llc/) **Published:** June 29, 2026 **Author:** Richard Keyt **Content:** # Federal Tax Consequences of Terminating an AZ LLC ## FAQ Summary When an Arizona LLC terminates, the federal income tax consequences depend on how the LLC is classified for tax purposes — as a disregarded entity, a partnership, a C corporation, or an S corporation. For most LLCs, which are taxed as partnerships by default, the governing rules are found in Subchapter K of the Internal Revenue Code. Those rules determine whether members recognize gain or loss when they receive liquidating distributions, how basis is calculated for distributed property, and when ordinary income rather than capital gain applies under the “hot assets” rule of IRC Section 751. LLCs taxed as C corporations face a double tax on liquidation. LLCs taxed as S corporations avoid the double tax but still trigger gain recognition on appreciated assets. All terminating LLCs must file a final federal tax return and satisfy any remaining tax obligations before closing. This FAQ explains the key federal income tax rules that apply when you dissolve and wind up an Arizona LLC. See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![llc-termination-tax-consequences](https://www.keytlaw.com/wp-content/uploads/2026/06/llc-termination-tax-consequences-1024x559.png "llc-termination-tax-consequences - KEYTLaw") Federal Income Tax Consequences of Terminating an Arizona LLC | KEYTLaw # Federal Income Tax Consequences of Terminating an Arizona LLC When you dissolve an Arizona LLC, federal income tax law — not Arizona law — determines how the IRS treats the liquidation of the company. The tax consequences depend on how your LLC is classified for federal tax purposes, what assets the LLC owns, and how those assets are distributed to the members. This article answers the most common questions Arizona LLC owners ask about the federal income tax consequences of terminating their LLC. Arizona LLC attorney [Richard Keyt](https://www.keytlaw.com/richard-keyt) has formed more than 10,000 Arizona LLCs and regularly advises LLC members on the legal and tax aspects of dissolving and winding up their companies. The information below is general in nature. You should consult a qualified tax advisor or CPA before dissolving your LLC so you understand the specific tax consequences that apply to your situation. --- ## Frequently Asked Questions ### How is an LLC taxed for federal income tax purposes? The federal income tax treatment of your LLC's termination depends entirely on how the IRS classifies your LLC. The IRS does not recognize the LLC as a separate tax entity the way it does a corporation. Instead, the IRS treats an LLC as one of three things: a disregarded entity, a partnership, or a corporation — depending on how many members the LLC has and what tax elections, if any, the LLC has made. A single-member LLC is treated as a disregarded entity by default, meaning the IRS ignores the LLC and taxes the sole member directly on all income and losses. A multi-member LLC is treated as a partnership by default. Any LLC — single-member or multi-member — can elect to be treated as a corporation by filing IRS Form 8832. A corporation can then elect S corporation status by filing IRS Form 2553. The tax rules that apply when you terminate your LLC differ significantly depending on which of these tax classifications applies to your LLC. --- ### What are the federal tax consequences when a single-member LLC (disregarded entity) terminates? When a single-member LLC taxed as a disregarded entity terminates, the IRS treats the event as if the sole member is simply winding up a sole proprietorship or, if the member is itself a business entity, an entity that holds assets directly. There is no separate LLC-level tax return for a disregarded entity. The tax consequences to the sole member depend on the nature of the assets owned by the LLC at the time of termination: - **Cash.** If the LLC distributes cash to the sole member, there is generally no separate tax event from the distribution itself — the member has been reporting the LLC's income and deductions on his or her own tax return all along. The member's adjusted basis in the LLC is adjusted accordingly. - **Appreciated property.** When the LLC distributes appreciated property (property worth more than its tax basis) to the sole member, the IRS treats this as if the sole member directly sold or exchanged the property. Whether this triggers immediate gain recognition depends on the asset type and the applicable tax rules. - **Depreciated or loss property.** If the LLC holds property worth less than its adjusted tax basis, the member may recognize a loss when the LLC terminates, subject to applicable limitations. Because the sole member has been directly reporting all LLC income and deductions all along, the termination of a disregarded entity LLC is typically a simpler tax event than the termination of a partnership or corporation. --- ### What are the federal tax consequences when a multi-member LLC taxed as a partnership terminates? This is the most common and often the most complex situation. When a multi-member LLC taxed as a partnership liquidates and terminates, the rules of Subchapter K of the Internal Revenue Code govern the tax treatment. The key rules are: **The LLC recognizes no gain or loss on liquidating distributions.** Under IRC Section 731(b), the LLC itself does not recognize gain or loss when it distributes property to its members in liquidation. The tax consequences flow to the members individually. **Members may or may not recognize gain or loss.** Under IRC Section 731(a), a member generally does not recognize gain when receiving a liquidating distribution unless the member receives cash (including the relief of the member's share of LLC debt under IRC Section 752) in excess of the member's adjusted basis in his or her LLC interest. A member recognizes a loss in a liquidating distribution only if: (1) no property other than cash, unrealized receivables, or inventory is received, and (2) the cash and the fair market value of unrealized receivables and inventory received is less than the member's adjusted basis in the LLC interest. **The character of any recognized gain is generally capital gain.** Gain recognized by a member on a liquidating distribution is generally treated as gain from the sale or exchange of a partnership interest, which is capital gain. However, IRC Section 751 ("hot assets") can recharacterize some of that gain as ordinary income if the LLC owns unrealized receivables or substantially appreciated inventory. **Members take a substituted basis in distributed property.** Under IRC Section 732(b), a member who receives property in a liquidating distribution takes a basis in that property equal to the member's adjusted basis in the LLC interest, reduced by any cash received in the same distribution. This rule prevents gain or loss from being recognized in most liquidating distributions. **The holding period carries over.** Under IRC Section 735(b), the member's holding period for property received in a liquidating distribution generally includes the LLC's holding period for that property. --- ### What is the "hot assets" rule and how does it affect the termination of a partnership-taxed LLC? IRC Section 751 contains the so-called "hot assets" rule, which is one of the most important — and sometimes surprising — provisions that applies when an LLC taxed as a partnership terminates. Congress enacted this rule to prevent members from converting ordinary income into lower-taxed capital gain by routing income through the liquidation of a partnership. Hot assets are: (1) unrealized receivables, and (2) inventory items. Unrealized receivables include accounts receivable of a cash-basis LLC that have not yet been included in income, as well as potential recapture income under IRC Sections 1245 and 1250 (depreciation recapture). Inventory items include any property that would produce ordinary income if sold by the LLC at its fair market value. When a liquidating distribution involves hot assets, the IRS may recharacterize a portion of any gain that would otherwise be capital gain as ordinary income. This can significantly increase the tax cost of dissolving an LLC that holds appreciated inventory, accounts receivable, or depreciable property subject to recapture. Members of an LLC that owns hot assets should consult a tax advisor before winding up the company to understand how IRC Section 751 applies to their specific situation. --- ### What happens if the LLC distributes property that has been depreciated? Depreciation recapture is one of the most common tax traps that arises when an LLC that owns real estate or equipment terminates. When depreciable property is distributed from a partnership-taxed LLC to its members, the potential for recapture income carries over to the member under IRC Section 735(a). This means that if the member later sells the property, the member will recognize ordinary income (not capital gain) to the extent of the depreciation that was deducted by the LLC. For real property, IRC Section 1250 may require recapture of depreciation taken in excess of straight-line depreciation as ordinary income. For personal property such as equipment, IRC Section 1245 requires recapture of all depreciation taken as ordinary income upon a subsequent sale. Importantly, this recapture potential does not disappear when the property is distributed from the LLC — it just shifts to the member who receives the property. Members who receive depreciable property in a liquidating distribution need to track the amount of recapture potential they inherit. --- ### What are the federal tax consequences when an LLC taxed as a C corporation terminates? If your LLC elected to be taxed as a C corporation by filing IRS Form 8832, the termination of the LLC is treated as a corporate liquidation under IRC Sections 331 through 346. The tax consequences of a C corporation liquidation are particularly harsh because they create a "double tax" — the corporation is taxed once, and the shareholders (members) are taxed again. At the corporate level, under IRC Section 336, the C corporation recognizes gain or loss on each asset it distributes to its members in complete liquidation, just as if the corporation sold each asset at its fair market value on the date of distribution. This gain is taxed at the applicable corporate income tax rate. At the member level, under IRC Section 331, the members are treated as having sold their LLC interests for the fair market value of the property they receive. The difference between what the member receives and the member's adjusted basis in the LLC interest is taxed as capital gain or loss. Because of this double tax, members of an LLC taxed as a C corporation should carefully plan the termination with a qualified tax professional. In some cases, there may be strategies available to reduce the overall tax burden, such as selling assets before liquidation in a manner that takes advantage of specific tax provisions. --- ### What are the federal tax consequences when an LLC taxed as an S corporation terminates? If your LLC elected to be taxed as an S corporation, the liquidation rules of IRC Sections 331 and 336 also apply, but with a critical difference: S corporations are generally pass-through entities, so the corporation's gain on the deemed sale of its assets is passed through to and taxed at the member level, rather than at the corporate level. This avoids the double tax that applies to C corporation liquidations. At the entity level, the S corporation recognizes gain or loss on each distributed asset as if it had sold the asset at fair market value, under IRC Section 336. This gain passes through to the members on Schedule K-1 and is taxed on their individual returns. At the member level, the members treat the liquidating distribution as proceeds from the sale of their LLC interest under IRC Section 331, which generally produces capital gain or loss. The member's basis in the LLC interest is first increased by the member's share of the pass-through gain, which reduces the capital gain at the member level and prevents double taxation of the same income. Even without the double tax, the termination of an S corporation LLC can produce significant taxable gain if the LLC owns appreciated assets, particularly real estate or equipment with substantial built-in gain. --- ### Does the LLC have to file a final federal tax return when it terminates? Yes. The filing requirement depends on how the LLC is classified for federal tax purposes: LLC Tax Classification Final Federal Return Required Single-member disregarded entity No separate LLC return. The sole member reports all activity on his or her own return (Schedule C, Schedule E, or the entity's own return). Mark the final year. Multi-member LLC taxed as partnership Form 1065 (U.S. Return of Partnership Income). Check the "Final return" box. Issue final Schedule K-1s to all members. LLC taxed as C corporation Form 1120 (U.S. Corporation Income Tax Return). Check the "Final return" box. LLC taxed as S corporation Form 1120-S (U.S. Income Tax Return for an S Corporation). Check the "Final return" box. Issue final Schedule K-1s to all members. The final return covers the period from the beginning of the tax year through the date the LLC's affairs are concluded. All final payroll tax deposits must also be made, and the LLC should close its employer identification number (EIN) account with the IRS by sending a letter to the IRS once all final returns have been filed. --- ### What happens to the LLC's EIN when it terminates? The EIN itself is not cancelled — EINs are permanent and are never reused. However, when the LLC ceases operations, you should notify the IRS that the EIN is no longer active. You do this by sending a letter to the IRS that includes: (1) the LLC's full legal name, (2) the EIN, (3) the business address, and (4) a statement that the LLC has closed and the EIN should be deactivated. The IRS recommends doing this only after all final returns have been filed and all outstanding tax obligations have been satisfied. --- ### What is the member's adjusted basis in the LLC interest, and why does it matter? A member's adjusted basis in an LLC interest — sometimes called the "outside basis" — is one of the most important numbers in LLC tax law. It represents the member's investment in the LLC for tax purposes. The adjusted basis starts with the amount the member contributed to the LLC (money plus the tax basis of contributed property), is increased by the member's share of LLC income and gains, and is decreased by distributions received and the member's share of LLC losses and deductions. The adjusted basis matters enormously at termination because it determines: (1) whether the member recognizes gain when receiving a liquidating distribution, (2) the amount of any recognized gain or loss, and (3) the member's starting basis in any property received in the liquidating distribution. Members who have not been tracking their adjusted basis carefully throughout the life of the LLC should reconstruct it before the LLC terminates to ensure they report the termination correctly on their federal tax return. A CPA or tax advisor can help with this calculation. --- ### What is the difference between the LLC's "inside basis" and a member's "outside basis," and why does the difference matter at termination? Inside basis refers to the LLC's adjusted tax basis in its own assets — the sum of what the LLC paid for its property, adjusted for depreciation and other items. Outside basis refers to each member's adjusted tax basis in his or her LLC interest, as described in the previous question. In an ideal world, the total of all members' outside bases would equal the LLC's total inside basis. In practice, these numbers often diverge because of events such as: a member purchasing an LLC interest from another member for more or less than the departing member's share of inside basis, a contribution of appreciated or depreciated property, or the LLC making distributions that reduce outside basis without a corresponding reduction in inside basis. When inside basis and outside basis are misaligned at termination, the tax results can be unexpected. For example, if the LLC distributes property with a high inside basis but a member's outside basis is low, the member may take a very low basis in the distributed property under the substituted basis rule of IRC Section 732(b), resulting in a large taxable gain when the member later sells the property. An IRC Section 754 election can help align inside and outside basis in some situations, but discussing whether to make that election is beyond the scope of this article and should be addressed with a qualified tax professional. --- ### Are there any federal income tax consequences if the LLC simply stops doing business without formally dissolving? Yes. Under the Internal Revenue Code, a partnership-taxed LLC terminates for federal tax purposes when it ceases all business operations and no longer has any assets other than cash needed to pay liabilities. The IRS does not require a formal state-law dissolution for this rule to apply. If the LLC distributes all its assets to its members and stops operating, the tax consequences described in this article apply even if the LLC's owners never filed Articles of Termination with the Arizona Corporation Commission. That said, failing to formally dissolve the LLC under Arizona law can create significant ongoing liabilities, including annual report obligations and statutory agent fees. KEYTLaw strongly recommends properly winding up and terminating the LLC under Arizona law in addition to meeting all federal and state tax obligations. --- ### What state income tax obligations arise when an Arizona LLC terminates? Arizona imposes its own income tax on individuals and corporations. Arizona generally conforms to federal tax treatment for pass-through entities, meaning that gains and losses recognized at the federal level by LLC members will generally also be reportable on Arizona income tax returns. Members who are Arizona residents report all LLC income and gain on their Arizona individual income tax returns. Non-resident members may be required to file Arizona non-resident returns for income sourced to Arizona. In addition to income tax, the LLC may have outstanding Arizona transaction privilege tax (TPT) obligations, withholding obligations, and other state tax liabilities that must be satisfied before the LLC terminates. The Arizona Department of Revenue should be notified of the LLC's closure. This article focuses on federal income tax. A qualified Arizona tax professional can advise you on all applicable Arizona state tax obligations. --- ### What planning steps should members consider before terminating an Arizona LLC? Dissolving an LLC without tax planning can result in unnecessary and avoidable tax costs. Before beginning the termination process, members should consider the following steps: - **Identify and value all LLC assets.** Get current fair market value appraisals for any significant non-cash assets, including real estate, equipment, intellectual property, and business goodwill. - **Calculate each member's adjusted basis.** Reconstruct outside basis if it has not been carefully tracked. This is the foundation for all termination tax calculations. - **Identify hot assets.** Determine whether the LLC owns unrealized receivables, inventory, or depreciable property subject to recapture under IRC Sections 1245 or 1250. - **Evaluate the allocation of assets among members.** Different members may have different tax positions. A thoughtful allocation of assets can minimize the overall tax burden among all members. - **Consider installment sale treatment.** If the LLC sells assets (rather than distributing them) before terminating, installment sale treatment under IRC Section 453 may allow members to spread gain recognition over multiple tax years. - **Plan the timing of the termination.** If the LLC expects to recognize gain, terminating in a year when a member has capital loss carryovers or other offsetting deductions may reduce the tax cost. - **Consult a CPA or tax attorney.** The federal tax rules governing LLC terminations are complex. The cost of professional tax advice is almost always far less than the tax cost of an unplanned termination. --- **Questions about dissolving your Arizona LLC?** Call KEYTLaw at [480-664-7478](tel:4806647478) or email . You can also learn more about Arizona LLCs at [azllc.com](https://azllc.com) and at [keytlaw.com](https://www.keytlaw.com). **Legal Disclaimer:** This article provides general information about federal income tax law as it applies to the termination of Arizona LLCs. It is not legal or tax advice and does not create an attorney-client relationship. Tax law is complex and fact-specific. You should consult a qualified attorney and tax professional before dissolving your LLC. ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Claude template use this one](https://www.keytlaw.com/claude-template-2/) **Published:** June 23, 2026 **Author:** Richard Keyt **Content:** # a ## FAQ Summary a See our [LLC Frequently Asked Questions](https://www.keytlaw.com/arizona-llc-faqs/). ![](https://www.keytlaw.com/wp-content/plugins/elementor/assets/images/placeholder.png) ## **Hire Us to Form an Arizona LLC or PLLC** - Articles about [Forming & Operating Arizona LLCs](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) - [Book a free office, phone or Zoom video meeting](https:/www.keytlaw.com/calendar) to get answers to your LLC questions. - See the contents & prices of our [3 LLC formation packages](https://www.keytlaw.com/arizona-llc-bronze-silver-gold-formation-packages/) - To hire us to form an AZ LLC today submit our [online formation questionnaire](https://azllc.com/llcq). [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Scottsdale, AZ LLC Formation Attorneys](https://www.keytlaw.com/scottsdale-az-llc-formation-attorneys/) **Published:** May 29, 2025 **Author:** Richard Keyt **Content:** Forming an LLC is a smart step to protect your personal assets and grow your business with confidence. Understanding the basics of LLC formation and choosing the right legal help can make this process smooth and affordable. Our skilled Scottsdale LLC formation attorneys at KEYTLaw offer tailored LLC formation services to guide you every step of the way. Key Takeaways: - ******LLCs provide personal liability protection while offering flexible management options.****** - **KEYTLaw offers three clear LLC formation packages designed to fit different needs, including a confidential LLC option.** - **You can expect ongoing support and clear guidance without hidden fees or confusing legal jargon.** To hire us to form your Arizona LLC within the next 24 hours submit our [online formation questionnaire](https://azllc.com/llcq). ### **What Is LLC Formation and Why Does It Matter?** If you’re thinking about starting a business in Scottdale, you might be wondering: What exactly is an LLC, and why should I form one? A Limited Liability Company, or LLC, is a popular business structure that combines the benefits of personal liability protection with a flexible management setup. When you form an LLC, your personal assets, like your home or savings, are usually protected if your business faces debts or lawsuits. This is different from sole proprietorships or partnerships, where your personal property can be at risk. Forming an LLC also adds credibility to your business and can simplify tax filing since income often passes through to your personal taxes, avoiding double taxation. If you’re ready to learn how our knowledgeable Scottsdale LLC formation attorneys can help you start strong and protect what matters most, [schedule your free office, phone or Zoom video consultation with KEYTLaw today](https://www.keytlaw.com/calendar). ### **The Basic Steps to Forming an LLC in Scottsdale** Starting an LLC might sound complicated, but it boils down to a few essential steps: 1. **Choose a name for your LLC:** Your name must be unique and follow Arizona’s naming rules. 2. **File Articles of Organization:** This is the official document you submit to the Arizona Corporation Commission to legally create your LLC. 3. **Designate a statutory agent:** This person or company receives legal notices and official mail on behalf of your LLC. 4. **Create an Operating Agreement:** Though not required by law, this internal document outlines how your LLC will be run and helps avoid misunderstandings among owners. 5. **Get an Employer Identification Number (EIN):** Needed for tax purposes, opening a bank account, and hiring employees. 6. **Comply with ongoing requirements:** This includes annual filings and keeping your LLC in good standing. ### **How Our Experienced Scottsdale LLC Formation Attorneys Can Help** You might ask yourself, *Can I just do this on my own?* The short answer is yes, legally you could, but having legal help makes the process easier and safer. An attorney can: - Ensure your LLC name meets all state requirements. - Prepare and file all necessary documents correctly and quickly. - Draft a clear Operating Agreement tailored to your business needs. - Guide you through confidentiality options and tax considerations. - Serve as your statutory agent or help you choose one. - Help you avoid common mistakes that can lead to costly problems later. ### **KEYTLaw’s Approach to LLC Formation in Scottsdale** At KEYTLaw, we understand that forming an LLC is a big step, and we want to make it simple and affordable for you. With [over 10,00 LLCs formed in Arizona](https://www.youtube.com/watch?v=wwuYl-Hxt3A&t=8s), including many in the Scottsdale area, our father-and-son team offers personalized legal support that goes beyond just filing paperwork. We provide three transparent LLC formation packages, so you can choose what fits your needs best : - **Bronze Package:** Covers the basics—filing your LLC, creating a custom Operating Agreement, and statutory agent service for the first year. Perfect if you want a straightforward start. - **Silver Package:** Includes everything in Bronze, plus your EIN is obtained for you, you receive a detailed LLC operations manual, compliance reminders, and your LLC documents arrive as a professional portfolio. - **Gold Package:** Our most comprehensive package includes all Silver services, plus formation of a revocable living trust that owns your LLC. This confidential LLC option keeps your personal details off public records and provides asset protection and easy inheritance planning. No matter which package you choose, you’ll have direct access to our attorneys for questions before and after formation, at no extra cost. ### **Why Privacy and Ongoing Support Matter** Many people don’t realize that without proper planning, their personal address and name may appear on public LLC records. KEYTLaw’s confidential LLC package uses a trust to shield your information, giving you peace of mind. Also, forming an LLC isn’t a “set it and forget it” event. You’ll need to meet ongoing requirements and manage your LLC properly. That’s why our Scottsdale LLC formation attorneys send compliance reminders and provide a comprehensive manual to help you navigate the first crucial months and years of business ownership. ### **Ready to Form Your Scottsdale LLC?** Starting your LLC with the right help can save you time, money, and stress. Whether you’re launching a small side business or planning something bigger, forming an LLC protects you and sets a solid foundation. [Schedule your free office, phone or Zoom video consultation with KEYTLaw today](https://www.keytlaw.com/calendar). With personalized support, clear pricing, and proven experience, we’re here to help you[ launch your Scottsdale business ](https://azllc.com/contents/)the right way. --- ### [Arizona Wills, Trusts & Estate Planning Articles](https://www.keytlaw.com/arizona-wills-trusts-articles/) **Published:** April 12, 2026 **Author:** Richard Keyt **Content:** # Ultimate Arizona Estate Planning Guide: Wills & Trusts ## Library of Articles on Arizona Wills, Trusts, and Estate Planning By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys You are on our estate planning library page that has tons of articles that explain wills, trusts and estate planning. Scroll down to see the list of our wills, trusts and estate planning articles. [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They prepare custom estate plans for Arizonans that protect their most valuable assets – their loved ones. [Book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![ep-articles](https://www.keytlaw.com/wp-content/uploads/2026/04/ep-articles-1024x572.png "ep-articles - KEYTLaw") ## We Want to Help You Protect Your Most Valuable Assets - Your Loved Ones Welcome to KEYTLaw’s library of [Arizona estate planning](https://www.keytlaw.com/essential-estate-planning-documents) articles, written by attorney Richard Keyt, who has practiced law in Arizona since 1979. These free resources are designed to help Arizona residents understand how to protect their families, pass assets efficiently to the next generation, and avoid the delays and expense of probate court. The articles below cover the topics our clients ask about most often. If you own a home, a retirement account, or anything else you want to pass on to the people you love, you need an [Arizona revocable living trust](https://www.keytlaw.com/revocable-living-trust-benefits/) to avoid an [Arizona probate](https://www.keytlaw.com/how-estate-planning-helps-you-avoid-probate-problems/). An [Arizona will](https://www.keytlaw.com/arizona-living-will/) alone won’t cut it. Many Arizonans don’t realize that a will requires your assets to go through an expensive, time-consuming public Arizona Superior Court probate process. A revocable living trust, on the other hand, lets your assets pass automatically to your loved ones without a probate, without court involvement, and without unnecessary delay. After more than 45 years of practicing law in Arizona, I’ve seen firsthand what happens to families who planned well — and families who didn’t. The difference is significant. At KEYTLaw, every estate plan we prepare is custom-designed around your family, your assets, and your goals. You won’t get a cookie-cutter document package. Your plan will include a revocable living trust, a healthcare power of attorney, a financial power of attorney, a living will, a deed transferring your home into your trust, and several other documents that work together as a complete, coordinated system. We also include irrevocable asset-protected trusts for your beneficiaries inside the plan, so that when your children or other heirs receive their inheritance, it’s shielded from creditors, ex-spouses, and bankruptcy courts. That’s protection most estate plans simply don’t provide. **We want to help you protect your most valuable assets — your loved ones**. Whether you’re a retiree, a parent of young children, a business owner, or someone who simply wants the peace of mind that comes from knowing your affairs are in order, we’d love to talk with you. You can book a free office, phone, or Zoom video consultation at [keytlaw.com/calendar](https://www.keytlaw.com/calendar), or learn more about Arizona estate planning at [keytlaw.com](https://www.keytlaw.com/). There’s no pressure and no obligation — just a straightforward conversation about what makes sense for you and your family. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## List of Topics Below - [Estate Planning Articles](#1) - [Who We Serve](#2) - [Revocable Living Trusts](#3) - [Learn How You & Your Loved Ones Can Be Harmed if You Lack Any of These Documents](#4) - [Frequently Asked Questions](#5) - [Articles in Our Estate Planning Newsletter](#6) - [How to Transfer Assets to Your Trust](#7) ## Estate Planning Articles - Arizona residents: [Learn Who Inherits Your Assets if You Die without a Will or Trust](https://www.keytlaw.com/ep-intestate-succession/) — a detailed article explaining Arizona’s intestacy laws and who is legally entitled to your estate if you die without a plan. - Arizona residents: Take our [Who Will Inherit Your Property](https://www.keytlaw.com/who-inherits/) quiz — a short interactive quiz that walks you through your specific family situation and tells you exactly who Arizona law would give your assets to. - [Our Fee & 36 Documents & Services in Our Estate Plan with a Revocable Living Trust](https://www.keytlaw.com/ep-contents/) ## **Who We Serve** - [Families](https://www.keytlaw.com/families/) - [People with Kids](https://www.keytlaw.com/couples-kids/) - [Blended Families](https://www.keytlaw.com/blended-families/) - [Single Parents](https://www.keytlaw.com/single-parents/) - [Partners](https://www.keytlaw.com/partners/) ## **Revocable Living Trusts** - [Revocable Living Trust 101: How It Works & Why You Need One](https://www.keytlaw.com/revocable-living-trust-benefits/) — the clearest plain-English explanation of what a revocable living trust is, how it works, and why it is the cornerstone of every proper Arizona estate plan. - [Arizona Revocable Living Trust Frequently Asked Questions](https://www.keytlaw.com/arizona-revocable-living-trust-faqs/) — answers to the most common trust questions I hear from Arizona clients. - [18 Benefits of a Revocable Living Trust](https://www.keytlaw.com/arizona-living-trust-benefits/) — a detailed breakdown of every major advantage a trust provides over a will, joint tenancy, or beneficiary designations alone. - [Beneficiary Controlled Asset Protected Irrevocable Trusts](https://www.keytlaw.com/arizona-asset-protection-trust/) — This type of trust protects the trust’s assets from the beneficiary’s creditors, ex-spouses and bankruptcy court. - [Arizona Certification of Trust Keeps Your Estate Plan Private](https://www.keytlaw.com/certification-of-trust/) — explains the document that lets you prove your trust exists to banks and title companies without revealing your confidential trust terms. - [8 Assets You Should Never Put in a Living Trust](https://www.keytlaw.com/8-assets/) - [How to Store & Share Your Arizona Estate Plan Documents](https://www.keytlaw.com/storing-arizona-estate-plan/) - [How Often Should You Review and Update Your Estate Plan?](https://www.keytlaw.com/how-often-to-review-estate-plan/) ## **Learn How You & Your Loved Ones Can Be Harmed if You Lack Any of These Documents** This is one of the most valuable sections of the library. It explains each critical estate planning document individually — what it does, why you need it, and what the real-world consequences are if you die or become incapacitated without it. Each of these articles was written to answer the questions real Arizona clients ask me — in language that anyone can understand, not language that only attorneys speak. - [Essential Estate Plan Documents Every Adult Needs](https://www.keytlaw.com/essential-estate-planning-documents) - [Why Not Having a Financial Power of Attorney Could Harm You](https://www.keytlaw.com/arizona-financial-power-of-attorney/) - [Why Every Arizona Adult Needs a Healthcare Power of Attorney](https://www.keytlaw.com/arizona-healthcare-power-of-attorney/) - [What Is a HIPAA Authorization & Why Every Arizona Adult Needs One](https://www.keytlaw.com/arizona-hippa-authorization/) - [Arizona Living Will: What It Is, Why You Need One, & What Happens Without It](https://www.keytlaw.com/arizona-living-will/) - [Why Every Arizona Resident Needs a Will](https://www.keytlaw.com/arizona-will/) - [How to Name a Guardian of Minor Children in Arizona: A Complete Guide](https://www.keytlaw.com/arizona-naming-guardian-minor-children/) ## **Frequently Asked Questions** Every major document in an estate plan has its own dedicated FAQ article. If you have a specific question about any of these documents, these articles probably answer it: - [Arizona Revocable Living Trust FAQs](https://www.keytlaw.com/arizona-revocable-living-trust-faqs/) - [Trustee Signature FAQs: How to Sign as a Trustee | KEYTLaw](https://www.keytlaw.com/how-to-sign-as-trustee-faq/) - [Arizona Certification of Trust FAQs](https://www.keytlaw.com/certification-of-trust-faqs/) - [Financial Power of Attorney FAQs](https://www.keytlaw.com/arizona-financial-power-of-attorney-faqs/) - [Healthcare Power of Attorney FAQs](https://www.keytlaw.com/arizona-healthcare-power-of-attorney-faq/) - [HIPAA Authorization FAQs](https://www.keytlaw.com/arizona-hipaa-authorization-faq/) - [Living Will FAQs](https://www.keytlaw.com/arizona-living-will-faq/) - [Last Will & Testament FAQs](https://www.keytlaw.com/arizona-will-faq/) - [Guardian of Arizona Minor Children FAQs](https://www.keytlaw.com/arizona-guardian-minor-children-faq/) - [Who Gets Copies of Your Estate Planning Documents FAQs](https://www.keytlaw.com/sharing-estate-planning-documents/) - [20 FAQs About Arizona Beneficiary Deeds](https://www.keytlaw.com/arizona-beneficiary-deed-faqs/) - [Arizona Pay on Death Form FAQs](https://www.keytlaw.com/pay-on-death-form-faq) - [Arizona Vehicle Transfer on Death FAQs](https://www.keytlaw.com/arizona-car-transfer-on-death/) - [Business Owners Estate Planning FAQs](https://www.keytlaw.com/business-owner-estate-planning-faqs/) - [Firearms & Estate Planning FAQs in Arizona](https://www.keytlaw.com/firearms-faq/) - [Bitcoin, Crypto & Precious Metals FAQs](https://www.keytlaw.com/precious-metals-estate-planning-faq) ## **Articles in Our Estate Planning Newsletter** - [Will Your Loved Ones Be Protected if Something Happens to You?](https://www.keytlaw.com/1ep) - [Our Estate Plan: What You Get and What It Costs](https://www.keytlaw.com/2ep/) - [Arizona Probate Costs Loved Ones Time, Money, & Stress](https://www.keytlaw.com/3ep/) - [Ultimate Arizona Estate Planning Guide: Wills & Trusts](https://www.keytlaw.com/4ep/) - [What Our Clients Say About Our Estate](https://www.keytlaw.com/5ep/)[ Plan Services](https://www.keytlaw.com/5ep/) - [What Happens to Your Family if You Can’t Speak?](https://www.keytlaw.com/6ep/) - [Who Raises Your Minor Children if You Die?](https://www.keytlaw.com/7ep/) - [Second Marriage? You Need a Custom Estate Plan](https://www.keytlaw.com/8ep/) - [Protect Heirs’ Inheritance from Creditors & Ex-spouses](https://www.keytlaw.com/9ep) - [Is Your Business in Your Estate Plan?](https://www.keytlaw.com/10ep/) - [Problems Created by Owning an Asset as a Joint Tenant](https://www.keytlaw.com/11ep/) - [Estate Planning Mistakes of the Rich & Famous](https://www.keytlaw.com/12ep/) - [10 Common Estate Planning Mistakes to Avoid](https://www.keytlaw.com/13ep) ## **How to Transfer Assets to Your Trust** Signing your trust is step one. Funding it — actually transferring your assets into it — is step two. And it’s the step most people don’t fully understand until after they sign. The library includes a complete guide on this: - [How to Transfer Real Estate to a Trust](https://www.keytlaw.com/transfer-real-estate-to-trust/) - [How to Avoid Probating Arizona Land: Guide to Beneficiary Deeds](https://www.keytlaw.com/arizona-beneficiary-deed-avoid-probate/) — This deed causes Arizona land to pass automatically to the heir(s) named in the deed on the death of the sole owner or the death of the last to die if there are multiple owners of the land. - [Use an Arizona Beneficiary Deed to Transfer Your Home to Your Trust](https://www.keytlaw.com/ep-arizona-beneficiary-deeds/) - [Pass Your Arizona Car to Your Heir Automatically (No Probate)](https://www.keytlaw.com/arizona-vehicle-transfer-on-death/) - [Put Your Business in Your Estate Plan](https://www.keytlaw.com/business-in-estate-plan) - [Pay On Death Forms Can Avoid Probate for Accounts](https://www.keytlaw.com/pay-on-death-forms) - [How to Legally Leave Firearms to Your Loved Ones in Arizona](https://www.keytlaw.com/arizona-gun-estate-planning/) - [How to Protect Your Bitcoin and Crypto & Include Them in Your Arizona Estate Plan](https://www.keytlaw.com/bitcoin-crypto/) - [Funding a Trust with Gold, Silver & Precious Metals](https://www.keytlaw.com/transfer-gold-silver-to-trust/) - [How to Move Real Estate, LLCs, Investment and Bank Accounts into Your Trust: The Ultimate Guide](https://www.keytlaw.com/how-to-fund-revocable-living-trust-guide) — a comprehensive, practical walkthrough covering every major asset type and exactly how to transfer it into your trust. - [Problems Created by Owning an Asset as a Joint Tenant](https://www.keytlaw.com/joint-owner-problems/) ## **Funding Services We Provide** - Hire Us to Prepare a [Special Warranty Deed](https://www.keytlaw.com/azllclaw/special-warranty-deed/) to Transfer Arizona Land to Your Trust or LLC - Submit this online questionnaire to [Hire Us to Prepare a Beneficiary Deed](http://www.arizona-wills.com/deed/) that transfer your Arizona land to your trust on the death of all current owners. - Submit our [Member Change Questionnaire](https://azllc.com/changeq) to transfer an Arizona LLC to a trust or to add or remove a member to or from an LLC. - Submit this online questionnaire to [hire us to transfer assets to your trust](https://www.keytlaw.com/funding-your-trust/) ## **Hire KEYTLaw to Prepare Your Custom Estate Plan** - [How to Hire Us to Prepare Your Custom Estate Plan & Trust](https://www.keytlaw.com/hire-arizona-estate-planning-attorney) - [Our Fee & 36 Documents & Services in Our Estate Plan with a Revocable Living Trust](https://www.keytlaw.com/ep-contents/) - [Book a Free Office, Phone or Zoom Video Meeting](https://www.keytlaw.com/calendar/) - [Submit Our Online Estate Planning Questionnaire before Your Meeting](https://www.keytlaw.com/epq) - [Hire Us to Amend Your Estate Plan Documents](https://www.keytlaw.com/aq/) - [Hire Us to Do an Arizona Probate](https://www.keytlaw.com/arizona-probate-attorney/) ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch this [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [KEYTLaw's Services - [Duplicated]](https://www.keytlaw.com/services/) **Published:** February 24, 2026 **Author:** Richard Keyt **Content:** ## Our Legal Services **Protecting Your Business, Your Assets, and Your Loved Ones** Welcome to KEYTLaw. Whether you are an entrepreneur launching a new venture or a family planning for the future, having the right legal foundation is essential. We provide Arizona residents and business owners with reliable, straightforward legal services tailored to your specific needs. Explore our primary services below to learn how we can help you protect what matters most. Below is a list of legal services Arizona attorneys [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/) and his son, former CPA [Richard C. Keyt,](https://www.keytlaw.com/attorneys-staff/richard-c-keyt) provide. To hire us, complete and submit a questionnaire for your desired service. ![](https://www.keytlaw.com/wp-content/uploads/2025/09/our-services-768x768.jpg "- KEYTLaw") If you have questions, call Rick (the father) at 480-664-7478 or Ricky (the son) at 480-664-7472. You can also make a free phone, office, or Zoom video meeting with one of the attorneys using Keyt’s [online calendar](https://www.keytlaw.com/calendar). To hire us to provide a service described below click on the questionnaire in the toggle below then complete and submit the questionnaire. When you click on a questionnaire’s submit button, our system will send you and us an email message with all the questions and information you entered so you can review it to make sure everything is correct. ## KEYTLaw Services - **LLC Services**: Go to our [LLC services page](https://www.keytlaw.com/arizona-llc-guide/) to see all the LLC formation and operational services we provide. - **Wills, Trusts & Estate Planning**: Go to our estate planning page to see our [estate planning services](https://www.keytlaw.com/arizona-estate-planning-guide/). - Arizona [Business Purchase / Sale Questionnaire](https://www.keytlaw.com/azllclaw/bq/) – Hire us to represent the buyer or seller of an Arizona business. - [Arizona Prenuptial & Postnuptial Agreement questionnaire](https://www.arizona-wills.com/paq/) – For $2,500 we will prepare or review an Arizona Prenuptial Agreement or a Postnuptial Agreement. - [Limited Partnership Formation Questionnaire](https://azllc.com/lpq/) – Submit this online questionnaire to hire us to form an Arizona LP for a Canadian who owns U.S. real estate or assets. ## Our Real Estate Servics - Hire us to prepare or review a contract to buy, sell or lease any type of Arizona real estate. We don’t have a questionnaire for this service because each transaction is unique so we can’t use a one size fits all questionnaire. Call Richard Keyt at 480-664-7478 or schedule a phone or office meeting with him using [his online calendar](https://www.keytlaw.com/calendar). - [Beneficiary Deed Questionnaire](http://www.keytlaw.com/arizonawills/deed/) – Hire us to prepare a Beneficiary Deed to cause the ownership of Arizona real property to pass automatically on the death of the owner(s) to the heir(s) named in the deed and avoid probate. - [Special Warranty Deed Preparation Questionnaire](https://www.keytlaw.com/azllclaw/special-warranty-deed/) – Hire us to prepare a Special Warranty Deed to transfer real estate to an Arizona LLC. - [For Sale by Owner Contract Questionnaire](https://www.keytlaw.com/azllclaw/fsbo/) – This is the engagement agreement to hire us to prepare a FSBO contract. Complete with the next Questionnaire. - [Arizona Home Purchase & Sale Questionnaire](https://www.keytlaw.com/azllclaw/fsbo-q/) – Give us the information about your for sale by owner transaction. - [Lease Review Questionnaire](https://www.keytlaw.com/azllclaw/lease-related-parties/) – We review your proposed commercial or residential lease. Our fixed fee depends on number of pages in the Lease. --- ### [KEYTLaw's Incentive & Disincentive Trust Provisions](https://www.keytlaw.com/ep-incentive-provisions/) **Published:** August 4, 2024 **Author:** Richard Keyt **Content:** The following provisions are not included in the Trusts that we create unless our client requests them. We are happy to add any or all of the below provisions if you so desire. We are also happy to modify any of the provisions. ## **Introduction** By establishing trusts for my beneficiaries, it is my intent to provide them with substantial and valuable benefits in their inheritance. However, I am mindful of the fact that my beneficiaries will live in a particularly litigious society, and that negative circumstances often occur in individuals’ lives that can result in loss of inherited wealth, be it great or small. For this reason, I have chosen to create my trust in such a way as to try and maximize the enjoyment my beneficiaries will receive under my trust while maintaining the greatest degree of protection for my beneficiaries’ inheritance. It is my intention that this trust, which came at my considerable hard work and sacrifice, be kept for as many future generations and beneficiaries to benefit from as possible until such time that the funds have been exhausted. I believe that the acquisition of wealth is a measure of one’s success and achievement, and I believe wealth must be newly earned by each generation rather than just inherited in a lump sum. To me, nothing outclasses achievement, and large inheritances may ruin a child’s life. I agree with Warren Buffett when he says, “The perfect inheritance is enough money so that they feel they could do anything, but not so much that they could do nothing.” My provisions are meant to reward my beneficiaries who share my core values of hard work, the desire to learn and grow as a person, and to strive for success. The provisions are also meant to not reward any beneficiaries who are lazy, into illicit drugs or criminal activities, or are just plain ‘losers.’ As I write this I realize it may be read many years from now by beneficiaries whom I may not even have had the pleasure of meeting or knowing. But I want them to know that the reason this trust exists to help them is because of my hard work, sacrifice, ridiculously long hours, lack of sleep, very few vacations, and relentless desire for success, traits that have served me well and I hope I have passed down. I want to reward my future beneficiaries who share these traits and hope they plan for the future in the same way as I did. For those beneficiaries who are lazy, good for nothing, sorry, but you’re on your own. But I have structured this as a dynasty pot trust, so that if you have a worthwhile kid, they may reap the benefits you missed. All beneficiaries need to understand that my wishes are for unequal payments based upon the rules I have set up. Bottom line, if you don’t live the hard-working, good, clean life that I believe in, you will receive less than another beneficiary who does live such a life. If any beneficiary tries to sue the trust, Trustee, or another beneficiary because they feel harmed by the fact that another beneficiary is receiving larger payouts, I direct my Trustee to use trust money either directly or indirectly to fight such a suit, and win or lose any money spent on the legal battle is to be deducted from the future distributions of the beneficiary that pressed the lawsuit. Beneficiaries need to realize this is money I made, and if they feel they want more of it they should look at making better choices instead of hiring a lawyer. I want my children, future grandchildren, and all beneficiaries to understand the value of work. I believe that earning your way through life is better than living off an inheritance. I wish I were there to help you myself to set out on the path to prosperity, and hope you understand that I cared enough to set this up since I could not. And I hope that it helps you when you need help and gives you the financial footing you need to conquer your world. Notwithstanding anything herein to the contrary, whenever my Trustee has the discretion to determine the amount and timing of any distributions under this Article, my Trustee shall have the sole discretion to determine the amount and timing of the distribution, and all distributions must be reasonable. The preceding sentence shall not apply to distributions to be made to a beneficiary in a specific amount. Also, notwithstanding anything herein to the contrary, if my Trustee has the authority to agree to the amount of a distribution with a beneficiary or another party, my Trustee may or may not agree in my Trustee’s sole discretion, and if the parties cannot agree, my Trustee shall not make the distribution. ## Incentive Provisions Click to open a section. As soon as practicable following the death of the last to die of my spouse and me, and until the beneficiary attains age \*\_\_\_, my Trustee shall distribute to the beneficiary a monthly stipend in a reasonable amount as agreed upon by the beneficiary and my Trustee. The primary objective of this monthly stipend is to provide my beneficiary with adequate spending money so as to enable the beneficiary to complete high school and undergraduate studies without the necessity of maintaining employment to provide the beneficiary with spending money. It is my expectation that so long as the beneficiary has proven to be responsible with money, my Trustee shall be reasonably generous in rendering the beneficiary’s monthly stipend. If, however, the beneficiary has not yet earned an undergraduate degree, and has not been enrolled in school full-time for longer than six months by choice, then the beneficiary is to no longer receive this stipend until such time as they resume their education full-time. An exception to this is if the beneficiary cannot attend school due to serious physical or mental illness. The beneficiary is encouraged to also work a job while in college, or be a full-time player in NCAA college athletics, as I believe in the value of hard work. I would encourage the Trustee to be even more generous to beneficiaries, showing themselves to be hard workers, and less generous to those who believe that school is too tough to also carry a job or play sports yet seem to have plenty of time to go out with their friends. I believe that increasing one’s knowledge is a vital key to success and happiness. I recognize that not all of my beneficiaries have the same aspirations or abilities, but I want to encourage each to be the best that they can in whatever their chosen course of life. Therefore, I instruct my Trustees to be liberal in advancing funds to those beneficiaries who have a genuine desire to improve their lot in life through education. My Trustees are empowered to use their best judgment with respect to fund requests for education or training. ## (1) Primary and Secondary Education If the parent or guardian of a beneficiary determines that it is in the best interest of the beneficiary to enroll in a private elementary, junior or senior high school, then my Trustee is authorized – to the extent determined to be reasonable as agreed upon by my Trustee and the guardian of the beneficiary – to make distributions on behalf of the beneficiary for books, tuition and enrollment fees at the private school or schools as agreed upon by my Trustee and the guardian of the beneficiary. ## (2) Provisions for First Bachelor’s Degree My Trustee shall pay the cost of books, tuition and fees, and room and board at any nationally-accredited public or private college or university a beneficiary chooses to attend, so long as the beneficiary remains enrolled as a full time student and remains in good academic and disciplinary standing, as defined by the educational institution the beneficiary is attending. If at any time the beneficiary ceases to be enrolled as a full time student or fails to be in good academic or disciplinary standing, distributions to the beneficiary under this provision shall continue for a one-semester “grace period”. During the grace period, my Trustee may require the beneficiary to receive tutoring and/or academic or other counseling as provided or recommended by the educational institution or by one or more of the beneficiary’s professors prior to making any education-related distributions to or for the beneficiary. If, after the one-semester grace period, the beneficiary returns to full-time enrollment and good academic and disciplinary standing, my Trustee shall resume the education-related distributions under this provision. If after the one-semester grace period the beneficiary does not return to good academic and disciplinary standing, my Trustee is authorized to suspend education-related distributions to or for the beneficiary; however, my Trustee shall continue to pay the reasonable expenses of any tutoring or counseling as requested by the beneficiary. In exercising discretion as to the amount and method of any distribution under this provision, my Trustee may either make distributions to the beneficiary, or directly to the educational institution. Current NCAA rules, plus the demands of playing a sport or otherwise earning a scholarship, make it very tough for a scholarship athlete or student to earn income. I want to provide extra benefits to a beneficiary who is earning part or all of their tuition as a result of receiving a scholarship, whether for sports, music, good grades, or any other reason. If a beneficiary has a scholarship (or grant or any other form of tuition reduction) while enrolled full time in a university for their undergraduate degree, my Trustee should evaluate the amount this is saving the Trust, and very generous in directing some or all of these funds to that Beneficiary, free of trust. My Trustee should consider the amount of hours spent in extra studying, athletic training, or any other time requirement the Beneficiary puts into their pursuits that lead to this scholarship and calculate what they would be making as a reasonable wage (for example 2 times minimum wage) if they were working instead. I very much want to encourage my Beneficiaries to work to earn scholarships and grants and provide them with extra benefits from the Trust for doing so. Once calculating this extra benefit, my Trustee should double the amount to direct to a Beneficiary who is attending the \*, and cut this benefit in half if a Beneficiary is attending \*. If the beneficiary obtains a bachelor’s degree from a nationally accredited 4-year university within 5 years from the date of first enrollment, I direct that my Trustee distribute $\*,000 (indexed to 2024 value) to the beneficiary, free of trust. If the beneficiary graduates with honors, I direct that my Trustee distribute an additional $\*,000 (indexed to 2024 values) to the beneficiary, free of trust. If the beneficiary graduates among the top five students in the beneficiary’s graduating class, I direct that my Trustee distribute an additional $\*,000 (indexed to 2024 value) to the beneficiary, free of trust institution or other party providing the service to the beneficiary. Except in cases of extreme hardship, nothing in this provision shall be construed to permit the payment of education-related expenses to or for a beneficiary for a period of time longer than that period estimated by the educational institution for the time in which the beneficiary’s selected course of study can be completed by a full-time student. In other words, get you degree in the normal amount of time. Furthermore, nothing in this provision shall be construed in such a way as would encourage any beneficiary to seek multiple bachelor’s degrees. ## (3) Provision for First Graduate Degree If the beneficiary decides to pursue a graduate degree at any nationally accredited college or university, I direct that my Trustee pay the cost of books and tuition and make reasonable rent or mortgage payments for the beneficiary so long as the beneficiary remains enrolled as a full or part time (part time so long as also working a full-time job) student and remains in good academic and disciplinary standing. If the beneficiary ceases to be enrolled as a student and or fails to be in good academic and/or disciplinary standing, distribution to the beneficiary under this provision shall cease. If the beneficiary returns to full time enrollment and good academic and disciplinary standing within one year, my Trustee is directed to resume the distributions under this provision. If the beneficiary graduates in the top 15% of the beneficiary’s graduating class, I direct that my Trustee distribute $\*,000 (indexed to 2024 value) to the beneficiary, free of trust. If the beneficiary graduates among the top five students in the beneficiary’s graduating class, I direct that my Trustee distribute an additional $\*,000 (indexed to 2024 value) to the beneficiary free of trust. Notwithstanding any provision herein to the contrary, nothing in this provision shall be construed in such a way as would encourage any beneficiary to seek multiple graduate degrees. In keeping with the tradition that the family of the bride bears such expenses, my Trustee is directed to pay for reasonable and customary expenses associated with the first wedding of a female beneficiary. I have stated that this is for a first marriage only, as I believe that this decision should be made with great care and for life. As has been my family custom, I encourage the beneficiary to use modesty and discretion in coordinating her wedding plans. The amount paid from the trust shall not exceed $\*,000 (indexed to 2024 value). At the first marriage of a beneficiary, I direct that my Trustee distributes to the beneficiary $\*,000 adjusted for inflation using 2024 as the base year according to a commonly accepted cost of living index, free of trust. This amount is separate and above the $\*,000 in the case that the trust also contributed to the wedding expenses. Again, this is only for a first marriage, my Trustee is specifically directed to not pay any costs associated with a second or further marriage, nor any divorce costs. For each beneficiary under the age of \*25 years old, my Trustee is directed to pay to or apply for the benefit of a beneficiary named under this Article, an amount equal to 50% but not to exceed a maximum yearly payout of $\*,000 (indexed to 2024 value), of the wages, salaries and tips earned by the beneficiary as indicated on such beneficiary’s form W-2 and/or schedule C in annual or other convenient installments as agreed upon by the beneficiary and my Trustee. For beneficiaries under the age of 16, my Trustee should give consideration and be generous in attempting to match income earned from things such as mowing lawns, delivering newspapers, a lemonade stand, and the like to encourage these activities. For each beneficiary \*25 years old yet under the age of \*35, my Trustee is directed to pay to or apply for the benefit of a beneficiary named under this Article, an amount equal to 50% but not to exceed a maximum yearly payout of $\*,000 (indexed to 2024 value), of the wages, salaries and tips earned by the beneficiary as indicated on such beneficiary’s form W-2 and/or schedule C in annual or other convenient installments as agreed upon by the beneficiary and my Trustee. For each beneficiary aged \*35 years and above, my Trustee is directed to pay to or apply for the benefit of a beneficiary named under this Article, an amount equal to 50% but not to exceed a maximum yearly payout of $\*,000 (indexed to 2024 value), of the wages, salaries and tips earned by the beneficiary as indicated on such beneficiary’s form W-2 and/or schedule C in annual or other convenient installments as agreed upon by the beneficiary and my Trustee. If a beneficiary has children of a marriage and decides that it is in the best interests of such beneficiary’s family that either the beneficiary or such beneficiary’s spouse stays home to care for such beneficiary’s children and not work outside the home, my Trustee is specifically authorized to pay to or apply for the benefit of the beneficiary, an amount based upon the same schedules in this section for earnings by the beneficiary or such beneficiary’s spouse (whichever is greater) as evidenced by the working spouse’s form W-2 and/or schedule C in annual or other convenient installments as agreed upon by the beneficiary and my Trustee. My Trustee can and should require each beneficiary to submit copies of signed and filed tax returns in order to receive an income matching benefit. When considering income, only earned income is to be considered, not interest income or returns on passive investments. My Trustee is also to disregard and not pay benefit on any income earned through criminal behavior, illicit drug sales, pornography, or any other activity not consistent with a good, clean lifestyle. When a beneficiary attains the age of sixteen and earns a valid driver’s license, I direct that my Trustee purchase a late model used vehicle for the beneficiary’s use and enjoyment. When selecting a model, my Trustee should be particularly mindful to make safety and economy of primary importance, not high-speed or style. The vehicle shall be titled in the name of the beneficiary and shall not be trust property. Only one vehicle per beneficiary may be purchased. The vehicle must be at least \* years old and must cost less than 50% of its original sticker price. The trust is not to spend more than $\*,000 (indexed to 2024 value) on this car, but if the beneficiary would like to contribute their own money on top of this to buy a more expensive car they can, so long as it still meets the criteria for age and 50% original value. I direct that my Trustee be responsive to the beneficiary’s needs and desires concerning provision for an automobile and if the beneficiary is a full-time student in high school or college, then also for necessary insurance, maintenance and repairs as needed and as requested by the beneficiary from time to time. If the beneficiary is a current “A” student, then my Trustee should also supply the beneficiary with a reasonable amount of extra gas money. I believe very strongly that all children should play music and sports. The mental development that comes from playing a musical instrument and the physical benefits that come from organized sports are of utmost importance to me. My trustee is to make distributions up to $\*,000 (indexed to 2024 value) annually to a beneficiary enrolled in school and under the age of \*23 to cover any costs associated with training in athletics or music. This includes but is not limited to camps, equipment, clothing, shoes, lessons, the purchase of musical instruments, the purchase of sporting equipment, travel expenses, and anything else that promotes talent development. I believe very strongly in capitalism and entrepreneurship. In the event a beneficiary wishes to start a business, either alone or in conjunction with one or more partners, my Trustee is authorized to distribute to or as directed by a beneficiary reasonable amounts necessary to assist the beneficiary with startup and initial operating expenses up to $\*,000 (indexed to 2024) in the form of a loan to the business at the prime interest rate. The money is to be repaid with prime interest to the trust over a 10-year term. Any missed payments or unpaid amounts are to be deducted from future disbursements to that beneficiary until such time as the amount withheld equals the amount of the loan lost. The bottom line is that I want to encourage beneficiaries to be entrepreneurial, but they need to make sure their business plan is solid, work tirelessly to see it be successful, and pay back the money whether they are successful or not. My Trustee may require the beneficiary to prepare and present a formal business plan and may require the beneficiary to obtain a written opinion of a Certified Public Accountant or other licensed business advisor (as selected by agreement among the beneficiary and my Trustee) certifying that the beneficiary’s proposed enterprise is economically advisable prior to making such distributions to the beneficiary. A beneficiary may not receive more than one loan at a time, but if the beneficiary has taken a previous loan and the trust has recovered all of the funds from that loan, another loan may be made to the same beneficiary again until the funds have been recovered. In order to encourage my beneficiary to consciously set aside money periodically for the purpose of providing for the beneficiary’s own financial security and for the financial security of those dependent upon the beneficiary, my Trustee is specifically authorized to match up to 50% of the beneficiary’s voluntary contributions to any retirement account (i.e. SEP-IRA) up to a maximum matching of $\*,000 per year (indexed to 2024 value). In determining whether to make such a matching contribution, my Trustee shall consider the probability of such beneficiary’s withdrawal of such contributed amount, the regularity with which such beneficiary tends to contribute to long-term savings, and such other factors as my Trustee deems reasonable or appropriate. It is my wish that all of my beneficiaries are covered by adequate medical insurance. I hope that they do not rely on this trust to pay for it when they have other options, for example, through their place of employment. However, in the case that a beneficiary or their dependent children are not covered by medical insurance, my Trustee should direct payment to and arrange, if necessary, some sort of adequate medical insurance. Should any beneficiary or their dependents need braces or other dental work I also would like the Trustee to use trust funds to pay for such. I understand that in today’s world of equality, my female beneficiaries are free to choose their path to success through work, and I agree with that; I also want to encourage my female beneficiaries to put their careers on hold to be stay-at-home moms. I believe it is a healthy choice for my female beneficiaries to make as well. I direct my Trustee to make monthly payments of $\*,000 (indexed to 2024 value) to any female beneficiary, married or unmarried, who chooses to raise her children full-time in lieu of working. Please be generous in helping these beneficiaries with unforeseen necessary expenses as well, such as car repairs, insurance payments, and such. I specifically excluded mentioning male beneficiaries in this section, or “stay-at-home Dads,” because I just flat out believe they should be working to support their family and never even need to read this section. I wish to encourage my beneficiaries to be actively involved in Christian Ministry Activities. Moreover, I believe that mission experiences are greatest when shared with a spouse or close friend. Therefore, my Trustee is directed to provide for distributions to or as directed by the beneficiary to enable the beneficiary to attend periodic mission trips. If the beneficiary wishes to enable a companion to attend such mission trips with the beneficiary, then my Trustee is expressly authorized to make scholarship money available to the beneficiary’s companion if needed and as requested by the beneficiary. My Trustee is directed to make distributions to a beneficiary who visits or provides care for an aging parent, grandparent, or ailing sibling. This can include travel and other expenses. While this should be a modest and reasonable amount, leeway is given to the Trustee in this regard as I believe in honoring parents and respecting the elderly. I wish I were there to tutor you myself, but since you are reading this, unfortunately, I am not. The best I can do is recommend that you accomplish a few tasks that I believe will be valuable in guiding you, and direct my Trustee to reward each beneficiary past the age of 30 with $1,000 (indexed to 2024 value) plus the expenses incurred for each item from this list that a beneficiary satisfactorily demonstrates to the Trustee that the beneficiary has completed, except for the last item (number \*) which provides for an additional $20,000 (indexed to 2024 value) should the beneficiary complete all of the previous \* tasks. Given that, it is possible for each beneficiary to receive up to $50,000 (indexed to 2024 value) plus expenses if they were to complete them all, and I hope that all beneficiaries do. I chose to have you (my beneficiary) do these after age 30 as I believe it is at this stage in your life that they will mean more to you, but this does not preclude you from doing them much younger and then again after you turn 30 when you will be rewarded. My Trustee shall be the sole judge of whether a beneficiary adequately completes a task. You are not required to finish them in order, but I feel you should try to. (1) Read “The Alchemist” by Paolo Coelho. (2) Begin keeping a written and/or photo journal of your adventures in life and contribute to it regularly and with substantive content for at least two years. (3) Have a dermatologist certify to the Trustee that you are tattoo-free. (4) Have a doctor certify to the Trustee that you are drug-free. (5) Read “The 7 Habits of Highly Effective People” by Stephen R Covey (6) Attend a Dale Carnegie multi-day seminar or course. (7) Read “Rich Dad, Poor Dad” by Robert Kiyosaki. (8) Show the Trustee a current and blemish-free credit report of yours from a major credit bureau. (9) Make the maximum allowable contribution to a retirement account in any given year. (10) Buy and sell 100 shares of any stock in less than five minutes, but profitably after commissions. (11) Buy either a house or a commercial property, and rent or lease it out for a minimum of a 1-year term for at least a monthly rent 1% of the purchase price. So, for example, if the purchase price of the property was $100,000, your tenant should be paying you a minimum of $1,000 per month. This task is to teach you the value of adhering to the “1% rule” which I believe fervently in and has served me very well. (12) Obtain an internet domain name, build a multi-page website, establish an email address for that domain, and place Google AdSense ads or another company’s revenue-generating ads on part of the main page. (13) Attend a \* Church Service. (14) Learn to speak at least level 1 of the \* Language, for example passing a \* final exam or equivalent and be able to converse in the language. (15) Read “The Count of Monte Cristo” by Alexandre Dumas. (16) Climb to the top of Camelback Mountain in Phoenix, Arizona, and have someone take your picture. (17) Find someone that you do not know but who is in desperate need of help, and help them. Something very cool, and not particularly easy to accomplish. I believe in always using you good fortune and skills to help those around you, this should be a constant theme in your life. (18) Attend a professional \*. (19) Spend at least 20 cumulative hours receiving private lessons in how to play a musical instrument such as a piano. (20) Watch these movies: CITIZEN KANE (1941); THE GODFATHER (1972); GONE WITH THE WIND (1939); LAWRENCE OF ARABIA (1962); WIZARD OF OZ (1939); The GRADUATE (1967); SCHINDLER’S LIST (1993); IT’S A WONDERFUL LIFE (1946); BRIDGE ON THE RIVER KWAI (1957); STAR WARS (1977); CHINATOWN (1974); GRAPES OF WRATH (1940); 2001: A SPACE ODYSSEY (1968); E.T. THE EXTRA-TERRESTRIAL (1982); DR. STRANGELOVE (1964); APOCALYPSE NOW (1979); MR. SMITH GOES TO WASHINGTON (1939); TREASURE OF THE SIERRA MADRE (1948); GODFATHER PART II (1974); HIGH NOON (1952); TO KILL A MOCKINGBIRD (1962); DOCTOR ZHIVAGO (1965); TAXI DRIVER (1976); RAIDERS OF THE LOST ARK (1981); STAGECOACH (1939); CLOSE ENCOUNTERS OF THE THIRD KIND (1977); MANCHURIAN CANDIDATE (1962); SHANE (1953); The FRENCH CONNECTION (1971); FORREST GUMP (1994); BEN-HUR (1959); FARGO (1996); MUTINY ON THE BOUNTY (1935); GOODFELLAS (1990); PULP FICTION (1994); The SEARCHERS (1956); UNFORGIVEN (1992); Saving Private Ryan (1998); The Lord of the Rings (2001), The Notebook (2004); The Natural (1984), Life is Beautiful (1997), Shawshank Redemption (1994), Braveheart (1995), Gladiator (2000). (21) Adopt an animal from a shelter or the pound and give it a great home with you. (22) Read “Tuesdays with Morrie” by Mitch Albom, and then watch the “Tuesdays with Morrie” movie. (23) Visit the graves (and show a photograph of you next to them to Trustee) of \*. (24) Incorporate the name of a past relative into the name of at least one of your kids. (25) Visit \* (26) Read the books “Man’s Search for Meaning” by Victor E Frankl and “Life After Life” by Raymond A. Moody. (27) If and when you accomplish all of the previous \* tasks, my Trustee is directed to make an additional $\*,000 (indexed to 2024 value) distribution to you, free of trust. The last thing I ask is that you spend a day discovering, studying, and reflecting on your heritage, learn about your past relatives and what I stood for, and how much I love you and wish I were there. I do believe that there is life after death, and that we will someday get the chance to meet again. ## **Disincentive Provisions** The following provisions are intended to reduce or eliminate distributions in certain circumstances. My Trustee is directed to reduce or eliminate distributions to a beneficiary from the beneficiary’s trust in accordance with this section. In exercising discretion to reduce or eliminate a distribution to any beneficiary under my trust, and in determining the appropriate timing of distributions, my Trustee is directed to follow the guidelines and instructions that follow in my Trustee’s sole discretion. **(1) Alcohol, Drug Abuse and Sobriety** My beneficiaries should know that I do not approve of drug and alcohol abuse and am aware of the heartache that myself and other family members have endured because of such abuse. I have chosen not to be enabling in my lifetime and do not want to be enabling after my death. I believe one is an abuser when drinking or drug use causes or has caused problems relating to family life, relationships, marriage, employment, or the ability to manage money. I have given this subject much thought, and want my family to know that I will not support such behavior. I would prefer my money to pass on to future generations rather than be wasted by an abuser. Therefore, I instruct my Trustees to demand that a history and pattern of sobriety be exhibited by anyone entitled to a distribution under this trust. Distributions shall not be made to anyone not living a clean, sober, drug free life. My Trustees may take whatever steps necessary to make this determination, including but not restricted to the appropriate tests presently used for such determination. I want my Trustees to understand that the simple passage of such a test is not grounds to make distributions, but they should search for convincing evidence that an abuser has altered his or her lifestyle, and has demonstrated a history and pattern of freedom from alcohol and substance abuse. The Trustees shall tell an abuser what is expected of them to qualify for a distribution under this trust, and shall withhold funds until such time in the future as the Trustees are convinced that the lifestyle has been changed. While the Trustees shall not make discretionary distributions to abusers, they may make distributions to enroll a beneficiary in a legitimate treatment program, provide lifesaving medical treatment, or assist those who have been affected by the alcohol and/or substance abuse of one of my beneficiaries. An heir who has not had a history of addictive problems should not construe this provision to prohibit an occasional social drink. However, it clearly does prohibit any form of drinking or recreational substance abuse by any beneficiary who has previously had or received treatment for alcohol or substance abuse. Further, it prohibits recreational drug use by any beneficiary. Notwithstanding anything herein to the contrary, my Trustee shall not take any action that would be a violation of public policy in the Trustee’s sole discretion. **(2) Drug and Alcohol-Free Requirement** No beneficiary of this trust may receive any distribution from the trust until the beneficiary is drug and alcohol free as defined below. Only if this condition is met can any distributions be made from a trust, except for emergency medical treatment and then the distribution is to be made on behalf of the beneficiary, paid directly to the service provider, and such service provider has to be a fully licensed medical facility or doctor. The following procedure is to be used to determine that a beneficiary of this trust is sober and drug free. A beneficiary shall have the right to be tested up to four times during the calendar year, however, never more often than once a quarter. The testing date for each quarter shall be randomly determined by the Trustee. A beneficiary must complete the test within 48 hours of notice or be considered not sober and not free from drugs and other substances. 1. Each test shall be administered at a testing facility of Trustee’s choice. Said facility shall be a certified drug and alcohol testing facility. 2. Test results will be reported to Trustee directly by the testing facility. 3. Trustee may request a hair follicle test to determine long term use of drugs. 4. Trustee and testing facility will determine an appropriate Alcohol test. Said test must be an industry standard test. 5. The Trustee shall pay from the beneficiary’s trust, the costs of any testing, including the cost of travel to and from the testing facility, if any, that may be incurred by the beneficiary in compliance with the testing requirements of this trust. 6. A sober and free from drugs and other substances period, for trust distribution purposes, is defined as a twelve calendar months starting from the 30th day of the month testing was performed in. A sober and free from drugs and other substances test is required to establish the start of sober and free from drugs and other substances period. 7. The first sober and free from drugs and other substances period shall be established upon the completion of the first sober and free from drugs and other substances test. Subsequent sober and free from drugs and other substances periods will commence at the end of the current sober and free from drugs and other substances period and upon the occurrence of either 1) a single sober and free from drugs and other substances test during the 11th or 12th month of a sober and free from drugs and other substances period, or 2) after a not sober and free from drugs and other substances test, two consecutive sober and free from drugs and other substances tests taken more than ninety-days days apart. 8. Trustee is free to distribute funds, in accordance with the instructions of this trust, during any period the beneficiary is sober and free from drugs and other substances as defined herein. During any time frame that the beneficiary fails to test sober and free from drugs and other substances, Trustee is not authorized to distribute funds to the beneficiary for any purpose except for a rehabilitation program as defined in the following paragraph. The Trustee is authorized to pay for a one-time drug and alcohol rehabilitation program should a beneficiary request treatment. The trustee, at the Trustee’s sole discretion, may pay for up to two more rehabilitation programs. Failure to complete a program, once started, shall be treated as if the beneficiary is not sober and free from drugs and other substances. Completion of the program requires proof of attendance and proof of completion, such proof is to be provided to the Trustee directly by the program administrator. I believe in the sanctity and permanence of marriage. Marriage should be entered thoughtfully, slowly and deliberately, and with a commitment to make it work. A successful marriage takes much hard work and faces many trials along the way. For the benefit of the participants and children, I believe that every effort should be made to save a marriage, including, but not restricted to, spiritual and conventional counseling. I instruct my Trustees to be more liberal in distributions to beneficiaries who are making efforts to strengthen their marriage and to be more restrictive to those who have troubled marriages or who are divorced. To judge the appropriateness of distributions, my Trustees have every right to inquire and form their opinion on the soundness, logic and rationale of a second marriage. They may require prenuptial agreements as allowed under Arizona law. I believe that a strong faith in God has been beneficial in all aspects of my life. Further, I believe that faith in God does not grow in a vacuum, and must be nurtured by participation in organized church activities. Hence, I hope that all of my beneficiaries will be active participants in the services and ministries of their Christian Church. I further hope and expect that my beneficiaries will raise their children in the same manner. Therefore, I authorize my Trustees to be more liberal in distributions to beneficiaries that have exhibited a history and pattern of Church participation for themselves and their children, and to be more restrictive to beneficiaries that demonstrated the opposite pattern. I recognize that as times change, so do fads, habits, addictions, and obsessive behaviors. I therefore urge diligence on the part of my Trustees to be aware of the lifestyle and behaviors of my beneficiaries. If a beneficiary is participating in activities or behaviors detrimental to a productive, Christian lifestyle, such as crime or other, the Trustees may take the same actions as outlined in other value issues such as drug and alcohol abuse. --- ### [20 FAQs About Arizona Beneficiary Deeds | KEYTLaw](https://www.keytlaw.com/arizona-beneficiary-deed-faqs/) **Published:** June 4, 2026 **Author:** Richard Keyt **Content:** ## Arizona Beneficiary Deed FAQs [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) # Everything You Need to Know About Arizona Beneficiary Deeds An Arizona beneficiary deed is one of the most powerful — and most underused — estate planning tools available to Arizona property owners. For just $495, you can ensure that your real estate passes directly to the people you choose the moment you die, without a single day in probate court. This article answers the 20 most frequently asked questions about Arizona beneficiary deeds, drawn from decades of helping Arizona families protect what they have built. Ready to protect your Arizona real estate from probate? We prepare Arizona Beneficiary Deeds for **$495 flat fee**. [Hire Us to Prepare Your Deed](https://www.arizona-wills.com/deed/) [Book a Free Meeting](https://www.keytlaw.com/calendar) Questions? Call or text Richard Keyt at 480-664-7478 — we never charge to talk. ## **Table of Contents** 1. [What is an Arizona beneficiary deed?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q1) 2. [When did Arizona law authorize beneficiary deeds?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q2) 3. [How does a beneficiary deed avoid probate?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q3) 4. [How much does probate cost, and how much does a beneficiary deed save?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q4) 5. [Does recording a beneficiary deed affect my ownership rights while I am alive?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q5) 6. [Can I change or revoke a beneficiary deed after recording it?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q6) 7. [Does recording a beneficiary deed create any gift tax liability?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q7) 8. [Is a beneficiary deed cheaper than a living trust?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q8) 9. [Is a beneficiary deed simpler than a living trust?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q9) 10. [Is the transfer of property by a beneficiary deed private?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q10) 11. [Can I name more than one beneficiary?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q11) 12. [What happens if I name a minor child as a beneficiary?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q12) 13. [What are the drawbacks of an Arizona beneficiary deed?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q13) 14. [What are the requirements for a valid Arizona beneficiary deed?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q14) 15. [What happens if joint tenants sign a beneficiary deed but only one signed it?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q15) 16. [If I record two beneficiary deeds on the same property, which one controls?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q16) 17. [Can one co-owner revoke a beneficiary deed without the other co-owner?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q17) 18. [Should a beneficiary deed replace a comprehensive estate plan?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q18) 19. [What documents does KEYTLaw prepare for $495?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q19) 20. [How do I hire KEYTLaw to prepare a beneficiary deed?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#q20) ## **The Basics** ### **1. What is an Arizona beneficiary deed?** An Arizona beneficiary deed is a legally recorded document that allows the owner of real property located in Arizona to designate one or more people or entities to automatically receive that property upon the owner’s death. The transfer does not take effect while the owner is alive — only at death does ownership pass to the named beneficiary (called the grantee) by operation of law, without the need for probate court. Think of it as a payable-on-death designation for your real estate. Just as you can name a beneficiary on a bank account or life insurance policy, a beneficiary deed lets you do the same for your home, ranch, investment property, or any other Arizona land you own. ### **2. When did Arizona law authorize beneficiary deeds?** On April 11, 2001, the Governor of Arizona signed into law [Arizona Revised Statutes Section 33-405](https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/33/405.htm), which created the Arizona beneficiary deed. This law gave Arizona property owners a simple, low-cost tool to transfer real estate at death while bypassing probate entirely. Arizona was one of the earlier states to adopt this type of instrument, which is sometimes called a “transfer-on-death deed” in other jurisdictions. ### **3. How does a beneficiary deed avoid probate?** Property transferred by a beneficiary deed is not part of the deceased owner’s probate estate. When the owner dies, the property transfers automatically and immediately by operation of law to the named beneficiary. There is no court filing, no judge, no probate attorney required. The beneficiary typically only needs to record a certified copy of the owner’s death certificate with the county recorder to finalize ownership. The entire process takes days, not months. Compare that to probate, which requires filing a petition in Superior Court, formal notification to heirs and creditors, and a process that typically takes 6 to 12 months or longer — all while your heirs wait. ### **4. How much does Arizona probate cost, and how much does a beneficiary deed save?** Arizona probate can easily cost a family **$5,000 or more** in attorney fees, court filing fees, and required notifications. KEYTLaw charges $5,000 for a simple probate. More complex estates cost significantly more. A beneficiary deed prepared by KEYTLaw costs **$495**. For most families, recording a beneficiary deed now is one of the highest-return legal investments you can make — paying $495 today to save $5,000 or more later, and sparing your heirs six months to a year of waiting. ## **Control & Flexibility While You Are Alive** ### **5. Does recording a beneficiary deed affect my ownership rights while I am alive?** Not at all. The owner retains 100% control of the property while alive. The beneficiary has absolutely no rights to the property until the owner’s death. The owner may sell it, mortgage it, rent it, build on it, or deal with it in any way without the beneficiary’s knowledge or consent. This is a common misconception — people worry that naming a beneficiary is like adding someone to the deed. It is not. The deed conveys nothing until the moment of your death. ### **6. Can I change or revoke a beneficiary deed after recording it?** Yes. An Arizona beneficiary deed is fully revocable at any time during the owner’s lifetime. You may revoke it by recording a signed and notarized revocation document with the county recorder in the county where the property is located, provided the revocation is recorded before your death. You can also simply record a new beneficiary deed naming different beneficiaries — the last recorded deed controls. Because KEYTLaw’s $495 package includes a prepared Revocation Deed for later use, changing course is straightforward if your plans change. ### 7. Does recording a beneficiary deed create any gift tax liability? No. Because a beneficiary deed is not a present transfer of property — it only takes effect upon death — recording one does not trigger any federal gift tax liability. You are not giving anything away while you are alive; you are simply designating who receives your property after you are gone. ## **Beneficiary Deed vs. Living Trust** ### **8. Is a beneficiary deed cheaper than a living trust?** For the sole purpose of avoiding probate on a single piece of real estate, a beneficiary deed is far less expensive. Estate planning attorneys typically charge $3,500 to $8,500 or more to create a living trust. KEYTLaw prepares a beneficiary deed for $495. However, a living trust offers much broader protection: it covers all of your assets, can handle multiple properties, creates a management plan if you become incapacitated, and avoids probate for your entire estate. For most families, a comprehensive estate plan anchored by a revocable living trust is the right answer — and a beneficiary deed can be a useful addition to that plan for real property you hold outside the trust. ### **9. Is a beneficiary deed simpler than a living trust?** Yes, considerably. A living trust requires conveying each property by deed to the trustee, ongoing administration according to the trust agreement, and careful attention to ensure all assets are properly funded into the trust. An unfunded trust — one where property was never actually transferred into it — provides no probate protection at all. A beneficiary deed requires no ongoing administration. The owner signs, notarizes, and records the deed, then retains full control until death. That simplicity is its greatest strength for owners who want a targeted, no-fuss solution for a specific property. ### **10. Is the transfer of property by a beneficiary deed private?** Yes, much more so than probate. When a will is probated, your assets, debts, and family details become part of the public record at the Superior Court — anyone can look them up. With a beneficiary deed, the actual transfer of ownership happens by operation of law at death, without any court proceeding. While the deed itself is a recorded document, your family’s inheritance is largely kept out of the public spotlight. ## **Naming Beneficiaries** ### **11. Can I name more than one beneficiary on an Arizona beneficiary deed?** Yes. An Arizona beneficiary deed may name multiple grantees who take ownership as joint tenants with right of survivorship, tenants in common, community property, community property with right of survivorship, or any other tenancy valid under Arizona law. You may also name successor (contingent) grantees who receive the property if the primary beneficiary predeceases you, provided the deed states the condition under which the successor’s interest vests. **Example** John and Mary are married and own their home as community property with right of survivorship. They record a beneficiary deed naming their children, Dick and Jane, as beneficiaries as tenants in common, effective only on the death of the last surviving spouse. John dies two years later. Mary becomes the sole owner by operation of law. Mary later dies without selling the property or revoking the deed. **Result:** On the date of Mary’s death, Dick and Jane automatically become the owners of the property as tenants in common — no probate required. ### **12. What happens if I name a minor child as a beneficiary?** This requires careful planning. If a beneficiary is a minor at the time of the owner’s death, the child’s interest will pass outright to the child unless the deed specifically provides that the interest is held in trust for the child or transferred to an adult custodian under the Arizona Uniform Gifts to Minors Act. Leaving real property outright to a minor creates legal complications, because minors cannot legally manage real estate. The court may need to appoint a guardian of the minor’s property, which defeats much of the probate-avoidance purpose. If you intend to leave property to a minor, discuss the proper deed language with an estate planning attorney. ## **Drawbacks & Limitations** ### **13. What are the drawbacks of an Arizona beneficiary deed?** An Arizona beneficiary deed is a valuable tool, but it is not perfect for every situation. The main drawbacks include: - **Estate taxes:** Because the transfer does not occur until death, the full value of the property remains in the deceased owner’s estate for federal estate tax purposes. - **Multiple beneficiaries:** When multiple beneficiaries receive undivided interests, managing, selling, or refinancing the property can be more difficult and contentious than if it were held in a trust or entity such as an LLC. - **Joint tenancy risk:** If property is held in joint tenancy with right of survivorship, the last surviving joint tenant may revoke or modify the deed after the other owner’s death, potentially frustrating what the couple originally intended. A trust that becomes irrevocable after the first death can prevent this. - **Scope is limited:** A beneficiary deed covers only the real property named in the deed. It does not protect your other assets, and it does not substitute for a comprehensive estate plan. - **Minor beneficiaries:** As described above, naming a minor requires additional planning to avoid complications. **Important:** We strongly recommend consulting with an experienced estate planning attorney to discuss whether a beneficiary deed alone serves your goals or whether a comprehensive estate plan that includes a will and revocable living trust is the better path for your family. ## **Legal Requirements & Validity** ### **14. What are the requirements for a valid Arizona beneficiary deed?** To be valid, an Arizona beneficiary deed must meet all of the following requirements: - Contain the correct legal description of the property. - Be signed and properly acknowledged (notarized) by the owner. - Be recorded in the office of the county recorder of the county where the property is physically located. - Be recorded before the death of the owner or last surviving owner. - **Example of an Invalid Deed** John and Mary record a beneficiary deed for their home. The deed is invalid if any of the following occur: (1) the legal description does not describe their actual property, (2) the deed is recorded in the wrong county, or (3) the deed is properly signed and notarized but is not recorded until after both John and Mary die. **Result:** In each case, the deed is not valid and does not convey any interest in the home to the named beneficiaries. ### **15. What happens when joint tenants hold property and only one signed the beneficiary deed?** If property is owned in joint tenancy with right of survivorship and only one owner signs the beneficiary deed, the deed will be valid only if the last surviving joint tenant is the person who signed the deed. If the last survivor did not sign the beneficiary deed, the deed is invalid and the named beneficiary receives nothing. **Example** John and Bob are unmarried brothers who own property as joint tenants with right of survivorship. John alone signs and records a beneficiary deed conveying his interest to Jane on his death. Bob does not sign. **Result 1 — John dies first:** Bob acquires sole ownership by operation of law. John’s beneficiary deed is invalid. Jane receives nothing. **Result 2 — Bob dies first:** John acquires sole ownership. If John does not revoke the deed, Jane will acquire sole ownership upon John’s death. ### **16. If I record two beneficiary deeds on the same property, which one controls?** The last beneficiary deed recorded controls. If you record a deed naming one beneficiary and later record a second deed naming a different beneficiary, the second deed automatically revokes the first and the second-named beneficiary receives the property at your death. **Example** John records a beneficiary deed naming his daughter Jane as beneficiary. Two years later, John records a second beneficiary deed naming his son Dick as beneficiary. **Result:** The second deed revokes the first. Dick — not Jane — inherits the property when John dies. ### **17. Can one co-owner revoke a beneficiary deed without the other co-owner’s signature?** A co-owner who signed the beneficiary deed may attempt to revoke it, but the revocation is only effective if that person turns out to be the last surviving owner. This creates uncertainty. For this reason, when all co-owners want to revoke a beneficiary deed, all of the owners who originally signed it should sign the revocation as well to ensure it is fully and immediately effective. **Example** John and Mary sign and record a beneficiary deed naming Dick and Jane. John later records a revocation signed only by him. Mary does not revoke. **Result 1 — John dies first:** Mary acquires sole ownership. John’s revocation was not effective. Dick and Jane will receive the property upon Mary’s death if she does not sell or revoke. **Result 2 — Mary dies first:** John acquires sole ownership. His earlier revocation becomes effective, and Dick and Jane receive nothing when John dies. ## **Beneficiary Deed vs. Comprehensive Estate Plan** ### **18. Should a beneficiary deed replace a comprehensive estate plan?** No — and this is important. A beneficiary deed is a useful but limited tool. It covers only the specific real property described in the deed. It does nothing for your bank accounts, investment accounts, vehicles, personal property, business interests, or any other assets. It does not address what happens if you become incapacitated. It does not include a healthcare power of attorney, financial power of attorney, living will, or HIPAA authorization. And it does not create a plan for minor children or provide any creditor protection for your beneficiaries. For most Arizona families, a comprehensive estate plan anchored by a revocable living trust is the right foundation. A beneficiary deed may be a helpful supplemental tool — for example, for property you hold personally while most of your estate is already in a trust — but it is not a substitute for a complete plan. **The bottom line:** A will alone does not avoid probate. An unfunded trust does not avoid probate. A beneficiary deed only protects the specific property named in it. The only way to comprehensively protect your family from the cost, delay, and stress of probate is a properly funded revocable living trust. ## **KEYTLaw Beneficiary Deed Preparation Service** ### **19. What documents does KEYTLaw prepare for $495?** For a flat fee of $495, Arizona real estate attorney Richard Keyt prepares seven custom-drafted documents: 1. The Arizona Beneficiary Deed. 2. A cover letter for you to send to the county recorder with the deed for recording. 3. A Revocation Deed for later use if you ever change your mind and want to revoke the deed. 4. A cover letter for recording the Revocation Deed. 5. An explanatory letter describing what each document is and how it works. 6. Instructions for completing and recording the Beneficiary Deed. 7. Instructions for completing and recording the Revocation of Beneficiary Deed. ### **20. How do I hire KEYTLaw to prepare an Arizona beneficiary deed?** There are three easy ways to get started: - **Online:** Complete and submit the [Arizona Beneficiary Deed Preparation Agreement](https://www.arizona-wills.com/deed/) at arizona-wills.com/deed/. - **Phone:** Call or text Richard Keyt 24/7 at [480-664-7478](tel:4806647478). We do not charge to answer questions. - **Free meeting:** [Book a free phone, office, or Zoom meeting](https://www.keytlaw.com/calendar) using our online calendar. Protect your Arizona real estate today. KEYTLaw prepares Arizona Beneficiary Deeds for a flat fee of **$495**. [Hire Us — Get Started](https://www.arizona-wills.com/deed/) [Book a Free Meeting](https://www.keytlaw.com/calendar) Call or text Richard Keyt: [480-664-7478](tel:4806647478) ## **About the Authors** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick) is an Arizona estate planning and LLC attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at and the fee and the [36 documents & services](https://www.keytlaw.com/ep-contents) in their estate plan. ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Gamma](https://www.keytlaw.com/gamma/) **Published:** June 14, 2026 **Author:** Richard Keyt **Content:** # a [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona limited liability company attorneys who have formed 10,000+ Arizona LLCs. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to form your new LLC. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona limited liability company attorneys who have formed 10,000+ Arizona LLCs. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to form your new LLC. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![](https://www.keytlaw.com/wp-content/plugins/elementor/assets/images/placeholder.png) We’ve written a free library of in-depth articles covering virtually every aspect of forming and operating Arizona LLCs at: 👉 [ **Forming & Operating Arizona LLCs**](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## a a a a a a a a a a a a a a a a a **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [LLC template](https://www.keytlaw.com/llc-template/) **Published:** June 13, 2026 **Author:** Richard Keyt **Content:** # a [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona limited liability company attorneys who have formed 10,000+ Arizona LLCs. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to form your new LLC. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona limited liability company attorneys who have formed 10,000+ Arizona LLCs. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to form your new LLC. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![](https://www.keytlaw.com/wp-content/plugins/elementor/assets/images/placeholder.png) We’ve written a free library of in-depth articles covering virtually every aspect of forming and operating Arizona LLCs at: 👉 [ **Forming & Operating Arizona LLCs**](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/) [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## a a a a a a a a a a a a a a a a a **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [How to Get an EIN for an Arizona LLC | KEYTLaw](https://www.keytlaw.com/arizona-llc-ein/) **Published:** June 13, 2026 **Author:** Richard Keyt **Content:** # FAQ: How to Get an EIN for an Arizona LLC [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona limited liability company attorneys who have formed 10,000+ Arizona LLCs. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to form your new LLC. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![how-to-get-an-ein](https://www.keytlaw.com/wp-content/uploads/2026/06/ein-1024x559.png "ein - KEYTLaw") We’ve written a free library of in-depth articles covering virtually every aspect of forming and operating Arizona LLCs at: 👉 [ **Forming & Operating Arizona LLCs**](https://www.keytlaw.com/arizona-llc/) [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Frequently Asked Questions: How to Get an EIN for an Arizona LLC Every newly formed Arizona LLC needs a federal Employer Identification Number — commonly called an EIN or FEIN. Without one, you cannot open a business bank account, and opening that account in the LLC’s name is one of the most important legal formalities your company must complete. Below I answer the questions I hear most often from new LLC owners about getting an EIN. ## **Q1: What is an EIN and why does my Arizona LLC need one?** An EIN — Employer Identification Number — is a nine-digit federal tax ID number the IRS assigns to a business entity. It is also called a Federal Employer Identification Number (FEIN). Think of it as a Social Security number for your LLC. I recommend without exception that every Arizona LLC obtain an EIN. The most important reason is that Arizona law requires your LLC to open a bank account in the company’s name and run all income and expenses through that account. Banks will not open a business account without an EIN. If your LLC does not have one, the bank will ask for your personal Social Security number instead — and that is exactly what you do not want to give out. ## **Q2: Does every Arizona LLC need an EIN, even if it has no employees?** Yes, with one narrow exception. Even LLCs with no employees need an EIN to open a business bank account, apply for business licenses, and file certain tax returns. The only exception is a single-member LLC that will be taxed as a sole proprietorship and has no employees. In that case, the IRS generally allows the owner to use their own name and Social Security number for federal tax purposes. However, even in that situation I still recommend getting an EIN so you never have to give your Social Security number to your bank or any vendor. ## **Q3: What is the fastest way to get an EIN for my LLC?** The fastest way — and the method I recommend — is the IRS online EIN wizard at IRS.gov. It is available 24 hours a day, 7 days a week. You answer a series of questions about the LLC, and the IRS system immediately issues your EIN on the spot. The entire process takes only a few minutes. There is no paper to file and no waiting. You can apply for an Employer Identification Number (EIN) for free on the official [IRS Apply for an Employer Identification Number Online](https://www.irs.gov/businesses/small-businesses-self-employed/get-an-employer-identification-number) page. ## **Q4: Is the EIN I get online permanent?** Yes. The EIN issued through the IRS online wizard is the LLC’s permanent federal employer identification number. The IRS may void an online EIN only in two narrow situations: (1) the name and Social Security number of the responsible party do not match Social Security Administration records, or (2) the business has already been assigned an EIN. Be sure to print and save your completed SS-4 application after the EIN is assigned. Click the “Print Form” button before you leave the IRS site. Keep a paper copy in your LLC records. ## **Q5: Can I use the EIN immediately after I get it online?** You can use it immediately for most purposes — opening a bank account, applying for licenses, and filing paper tax returns. However, it takes up to two weeks for the EIN to be fully loaded into the IRS permanent records system. Until then, you cannot use it to file an electronic tax return, make an electronic tax payment, or pass an IRS Taxpayer Identification Number matching program. Plan accordingly so you are not trying to file electronically the same week you received the number. ## **Q6: What IRS form do I use to apply for an EIN?** The application for an EIN is IRS Form SS-4, Application for Employer Identification Number. When you use the IRS online wizard, the system walks you through the SS-4 questions automatically. If you apply by phone, fax, or mail, you complete the paper Form SS-4 yourself. The IRS also publishes Instructions for Form SS-4 and IRS Publication 1635, Understanding Your EIN, both of which are worth reading. ## **Q7: What information do I need when I apply for an EIN for my LLC?** When you complete the SS-4 for an LLC you will need: - The LLC’s exact legal name as it appears in the Articles of Organization, ending with “LLC” and without punctuation such as periods or commas - The LLC’s mailing address - The name and Social Security number of the responsible party — typically the manager of a manager-managed LLC or a member of a member-managed LLC - The type of entity for federal tax purposes — whether the LLC will be taxed as a partnership, a sole proprietorship, or a corporation - The reason the LLC is applying for an EIN, such as starting a new business Important detail for box 8a of the SS-4: type the words “single member LLC” or “multi-member LLC” on the “Other” line, but do not check the “Other” radio button. ## **Q8: Can I get an EIN by phone instead of online?** Yes. You can call the IRS Business and Specialty Tax Line at 1-800-829-4933. This number serves Arizona entities. Before you call, fill out a paper Form SS-4 as completely as possible because the IRS representative may ask you to refer to it during the call and may ask that you sign and fax or mail a copy within 24 hours. The person who calls must be authorized to sign the Form SS-4 or be a designated third-party representative. ## **Q9: Can I get an EIN by fax or mail?** Yes, but these methods are far slower than the online or phone options. For Arizona entities, fax your completed Form SS-4 to 215-516-3990. If you include a return fax number, the IRS will respond in about one week. Without a return fax number, expect about two weeks. If you mail the form, send it at least four to five weeks before you need the EIN. Given how quick and easy the online method is, I see no reason to use fax or mail. ## **Q10: Can someone else get the EIN for me?** Yes. A third party — such as an attorney or accountant — can apply for an EIN on behalf of your LLC through the IRS online system. The third party must retain a completed Form SS-4 signed by you and a signed statement from you authorizing the third party to file the application. When KEYTLaw forms your LLC, we handle the EIN application as part of the formation process ## **Q11: Why should I get an EIN instead of just using my Social Security number?** In an era of rampant identity theft, you should give out your Social Security number as rarely as possible. Every additional person or business that has your Social Security number increases the risk that someone will steal or misuse it. Getting an EIN for your LLC is free, takes only a few minutes online, and eliminates any need to hand your Social Security number to a bank, vendor, or business partner. There is simply no good reason not to get one. ## **Q12: When should I apply for the EIN — before or after the LLC is formed?** Apply for the EIN as soon as the Arizona Corporation Commission approves your Articles of Organization and your LLC is officially formed. The LLC must exist before you apply. Once the ACC issues the approved Articles, apply for the EIN immediately — even the same day if you like. Get it done right away so you have the number in hand when you go to open your business bank account. ## **Q13: Do I need an EIN if my LLC will have employees?** Absolutely. If your LLC will hire employees and pay wages, it must file payroll tax returns and make payroll tax deposits using the EIN. You cannot legally run payroll without one. But again, even LLCs with no employees should obtain an EIN for the bank account and identity protection reasons explained above. **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [LLC Packages](https://www.keytlaw.com/packages/) **Published:** June 13, 2026 **Author:** Richard Keyt **Content:** # a [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona limited liability company attorneys who have formed 10,000+ Arizona LLCs. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to form your new LLC. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona limited liability company attorneys who have formed 10,000+ Arizona LLCs. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to form your new LLC. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![](https://www.keytlaw.com/wp-content/plugins/elementor/assets/images/placeholder.png) We’ve written a free library of in-depth articles covering virtually every aspect of forming and operating Arizona LLCs at: 👉 [ **Forming & Operating Arizona LLCs**](https://www.keytlaw.com/arizona-llc/) [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## a Arizona LLC attorneys [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/) and his son former CPA [Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) have formed 10,000+ Arizona LLCs because they provide great LLC formation services for less $ than document preparers and other lawyers. See our 293 five-star [Google reviews](https://www.google.com/search?newwindow=1&sxsrf=ACYBGNT143ZG_FfaUuleyBTZJvfgB37JaQ%3A1573227620453&ei=ZIzFXYmnG-uw0PEPuZSNuAY&q=keytlaw&oq=keytlaw&gs_l=psy-ab.3..0i71l2.0.0..68200...0.2..0.0.0.......0......gws-wiz.RJONspoyGwI&ved=0ahUKEwiJ6d7L-drlAhVrGDQIHTlKA2cQ4dUDCAo&uact=5) and our 406 five-star [online reviews](https://birdeye.com/keytlaw-llc-147983304225680). The Keyts want to form your new Arizona LLC or PLLC. In the video below, Arizona LLC attorney Richard C. Keyt describes the 30+ services we provide when people buy our Bronze ($497), Silver ($897 – our most popular package) & Gold LLC ($1,397) formation packages. The Gold LLC, aka the confidential LLC, includes a revocable living trust we draft for you that keeps your name and address off the records of the Arizona Corporation Commission. The trust can own any of your assets, including your home and investment accounts. On your death or the death of the second spouse if you have a joint husband and wife trust the assets in the trust pass automatically to the person or people you name in your trust agreement without needing an expensive, time-consuming public probate. ## Contents of KEYTLaw’s 3 LLC Formation Packages a a a a a a a a a a a a a a a **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call, email or text Richard Keyt, father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Videos We Like](https://www.keytlaw.com/video/) **Published:** January 22, 2014 **Author:** Richard Keyt **Content:** ## Videos We Like This wonderful December 2021, Chevrolet video will bring a tear to your eye. **Talking dog.** 205,589,299 million views as of January 30 2022. **Smartest dog in the world**. **Puppyhood**: Some ground rules on housetraining . **Fireman Finds an Unconscious Kitten in a Burned Home** **Justin and Emily: The Proposal**. This 27 minute video of Justin’s elaborate proposal has had 11,654,903 views as of September 30 2017 before it was removed from Youtube. Justin is a professional film maker who used his skills to document his proposal to Emily. It is very creative and touching. I’ve watched this video many times and have enjoyed it every time. **Jimmy Stewart’s Poem About His Dog Bo**. Johnny Carson and everybody in the audience was crying at the end of Jimmy’s touching poem. **General Steve Ritchie Describes the Rescue of Captain Roger Locher 23 Days After He was Shot Down Over North Vietnam**. Watch and listen to this powerful video of General Steve Ritchie describing hearing Roger’s first radio call for help on day 22 and the incredible rescue mission that successfully returned Roger to his comrades and freedom. Steve Richie is the only USAF pilot ace of the Vietnam War. He was in the same squadron and four ship flight of F-4s as Roger Locher and Robert Lodge on May 10, 1972, the day the two o them were shot down too far inside North Vietnam to be rescued. Over 150 airplanes were dedicated to rescuing Rocher Locher on day 23. Listen carefully to the end of Ritchie’s speech when he talks about Americans who risk it all to save one man’s life and freedom and compare that to the abandonment of the four patriots who died in Benghazi because the U.S. did nothing to save them. See [Roger Locher Talks about Getting Shot Down & Evading for 23 Days](https://www.keytlaw.com/f-4/roger-locher/) and [Roger Locher Describes Shooting Down a MiG, Getting Shot Down by a MiG-19, Ejecting & Evading Capture on the Ground in North Vietnam for 23 Days](https://www.keytlaw.com/f-4/roger-locher-audio/). General Ritchie concludes by saying: > We come to fully understand the effort to which we will go, the resources we will commit, the risks that we will take to rescue one crew member, one American, one ally. Isn’t it a very powerful statement about what kind of people we are? About the value that we place on life, on freedom and on the individual? . . . The real mission, yours and mine, business, government, civilian, military, is to protect and preserve an environment, a climate, a system, a way of life where people can be free. **I fought for you**. This video reminds me of the best patriotic speech every given. It was [General MacArthur’s farewell speech](https://www.keytlaw.com/f-4/general-macarthurs-duty-honor-country-speech/) to the West Point corps of cadets on May 12, 1962. He said in part: “Yours is the profession of arms, the will to win, the sure knowledge that in war there is no substitute for victory, that if you lose, the Nation will be destroyed, that the very obsession of your public service must be Duty, Honor, Country. . . . You are the leaven which binds together the entire fabric of our national system of defense. . . . The long gray line has never failed us. Were you to do so, a million ghosts in olive drab, in brown khaki, in blue and gray, would rise from their white crosses, thundering those magic words: Duty, Honor, Country.” **We Were Warned: Freedom to Chains**, words of talk radio king Paul Harvey. In 1965, American radio host Paul Harvey gave an immense warning to the American people about the fate of the nation. This video is a short film about the the parallels between the warning Harvey gave over fifty years ago, and today with the socialist influences in government and society. Please watch this entire video and forward it to your friends. ***Milton Friedman*** on why capitalism is the answer and communism means poverty and slavery. **Marine Corp inspirational video** – the few, the proud, the Marines. I don’t know why, but I love this recruiting ad. It makes me wish I had been a Marine. **Hope for Paws rescues Miley*****.*** This video always brings a tear to my eye. It had 26,459,107 views as of January 30, 2022. It has a happy ending. **Hope for Paws rescues Fiona.** More tears, but another happy ending. ### **Claire Wineland: Finding Beauty in the Sadness | My Last Days** Claire Wineland was born with Cystic Fibrosis. Doctors said she had a short time left to live, but she never let that stop her from making the most of every day. Her dream? To be a motivational speaker. Hear her story in this documentary video made by Justin Baldoni. **Holly Ann Butcher** died too young at age 26, but shortly before her death Holly wrote a very moving letter about life and why we should be thankful for every day we have. **The Incredible Nick Vujicic. 65,503,438 views as of June 13, 2019** **Olympic Gold Medal Winner Learns She Has a Legless Sister**. The shocking video revealing that Dominique Moceanu has a secret sister, one given up for adoption without Moceanu ever knowing when Dominique was six years old. Her name is Jennifer, and – even without legs – she became a power tumbler, volleyball player, and aerial performer. Amazing story. Dominique’s memoir, Off Balance, comes out in mid-June 2012. I flew the [F-4 Phantom supersonic fighter bomber](http://www.f-4phantom.com) for five years in the USAF. This video shows two F-4s making a formation take off. One of the things I loved about flying the F-4 was making formation take offs and landings. Nothing like being in one of four airplanes sitting side by side in finger tip formation on the ground at the end of the runway then watching from number 3 or 4 as 1 and 2 light their afterburners then release brakes and roll down the runway in a formation take off. Twenty seconds later 3 & 4 would light their burners and release brakes and do a formation take off then join 1 and 2 in the air in finger tip close formation with wing tips 3 – 5 feet apart. This video of F-18s shows some of the things that I loved about flying the F-4 Phantom for five years such as flying through clouds, super low level flying, formation flying, dog fighting aka aerial combat, and formation take offs. **Pilot’s Eye View from Inside the A-10 Warthog**. The A-10 is a fabulous close air support airplane. This video shows what it is like to drop bombs, fire missiles and shoot the A-10’s seven barrel 30MM 4,000 rounds/minute Gatling gun. **USAF Undergraduate Pilot Training Class Makes a Graduation Video**. Wish the GoPro video camera existed when I flew the F-4 Phantom. Love this flying video. **Really neat F-18 Video**. This video puts you in the cockpit of a Super Hornet and gives you a sense of how exhilarating it must be to fly this supersonic jet fighter. --- ### [Questionnaire to Update Your Trust Agreement & Estate Plan Ancillary Documents](https://www.keytlaw.com/aq/) **Published:** January 3, 2025 **Author:** Richard Keyt **Content:** ## Questionnaire to Update Your Trust & Estate Plan Documents Use the questionnaire below to hire us to update and amend one or more of the following estate planning documents we prepared for you: - Trust Agreement: $497 - Certification of Trust: no charge - Last Will & Testament: $200 for 1 or $300 for 2 ($100 discount) - Financial Power of Attorney: $200 for 1 or $300 for 2 ($100 discount) - Healthcare Power of Attorney: $200 for 1 or $300 for 2 ($100 discount) - HIPAA Authorization: $200 for 1 or $300 for 2 ($100 discount) In the questionnaire below, select the documents you and your spouse (if married) want to amend. ### Estate Plan Update Questionnaire Questionnaire Date(Required) Purpose of This Questionnaire This Questionnaire is the first step to hire Arizona estate planning attorneys Richard Keyt and his son former CPA Richard C. Keyt to prepare amendments to your existing revocable living trust and/or other estate planning ancillary documents such as a last will & testament, healthcare power of attorney, financial power of attorney, and HIPAA authorization. The purpose of this Questionnaire is to gather the information the Keyts need to update your estate planning documents. Who Can Submit this Questionnaire This questionnaire can only be submitted by people for whom we prepared their trust agreement and ancillary estate planning documents. 1st Prerequisite Before Entering Data in This Questionnaire Before you enter any data in this questionnaire, you must review your Trust Agreement in your red estate plan portfolio to see who it names as: (i) your successor trustee(s) if you die and/or you and your spouse die (if you are married) or cannot manage your financial affairs, and (ii) future beneficiaries who inherit the trust’s assets if you die and/or you and your spouse die (if you are married and both of you co-beneficiaries of the trust). To see who your Trust Agreement currently names as successor trustee(s) review Sections 3.02 and 3.03 of your Trust Agreement. To see who inherits your assets after your death if you are single or married and the only beneficiary of your trust, go to Article 8 of your Trust Agreement. If you are married and your spouse is a current co-beneficiary of your trust, to see who inherits your assets after both you and your spouse die, go to the section in the table of contents titled Distributions to Our Descendants or Distributions to Our Descendants. 2nd Prerequisite Before Entering Data in This Questionnaire Before you enter any data in this questionnaire, you must open your red estate planning portfolio and look at the document called “Nominations” behind the tab called “Nominations.” This document lists all of your agents in your Last Will & Testament, Financial Power of Attorney, Healthcare Power of Attorney, and HIPAA Authorization. If you want to add, remove or change the order of agents then select the appropriate document below and enter the name(s) of people you want to be your agent(s). Call, Text or Email Richard C. Keyt if You Have Questions About Amending Your Documents If you have questions call or text Richard C. Keyt at 480-664-7472 or email him at rck@keytlaw.com. ### Which Documents Do You Want to Update? Who is updating their estate plan documents?(Required) Only me My spouse and I Select the Services You Want to Buy. The Trust Agreement Amendment is $497. Ancillary Estate Plan Document Amendments are $200 for Each Document or $300 for 2 of the Same Documents for Both Spouses(Required) **Trust Agreement Amendment:** Amend and restate my trust to change future beneficiaries and/or successor trustees. We will prepare an amended and restated trust agreement. This fee includes an amended Certification of Trust. **Last Will & Testament Amendment:** Amend my Will to add, remove or change the order of my personal representatives/executors if I die and a probate is necessary. If you have any children under age 18 this is the document in which you tell the court who you want to raise your minor children if you die while a child is under age 18. **Financial Power of Attorney Amendment:** Amend my financial power of attorney to add, remove or change the order of people I name to manage my financial affairs if I cannot. **Healthcare Power of Attorney Amendment:** Amend my healthcare power of attorney to add, remove or change the order of the people who can make medical decisions for me if I cannot. **HIPAA Authorization Amendment:** Amend my HIPAA Authorization to add, remove or change the order of the people who can make my medical decisions if I cannot. This document authorizes your healthcare agents to get your medical information from your doctors. **You must buy this update if you amend your healthcare power of attorney.** **Special Warranty Deed:** Buy this Deed to transfer Arizona real estate such as your home to your trust. Fee is $295. If you update your trust we will prepare an amended and restate trust agreement that replaces your current trust agreement. Select the Services Your Spouse Wants to Buy. Ancillary Estate Plan Documents are $200 Each If 1 Is Purchased or $150 Each If Both You and Your Spouse Buy the Document. **My Spouse's Last Will & Testament Amendment:** Amend my Will to add, remove or change the order of my personal representatives/executors if I die and a probate is necessary. If you have any children under age 18 this is the document in which you tell the court who you want to raise your minor children if you die while a child is under age 18. **My Spouse's Financial Power of Attorney Amendment:** Amend my financial power of attorney to add, remove or change the order of people I name to manage my financial affairs if I cannot. **My Spouse's Healthcare Power of Attorney Amendment:** Amend my healthcare power of attorney to add, remove or change the order of the people who can make medical decisions for me if I cannot. **My Spouse's HIPAA Authorization Amendment:** Amend my HIPAA Authorization to add, remove or change the order of the people who can make my medical decisions if I cannot. This document authorizes your healthcare agents to get your medical information from your doctors. **You must buy this update if you amend your healthcare power of attorney.** If you update your trust we will prepare an amended and restate trust agreement that replaces your current trust agreement. ### Information about You Your Legal Name(Required) Prefix Mr.Mrs.MissMs.Dr.Prof.Rev. First Middle Last Suffix Your Nickname, if any? Your Preferred Phone Number(Required) Your Email Address(Required) Enter Email Confirm Email When you click on the submit button below we will email this Questionnaire and all the information you entered to this email address. Is Your Current Address the Same as When You Signed Your Documents?(Required) Yes No Your Mailing Address(Required) Street Address Address Line 2 City State AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific ZIP Code Your Gender(Required) Male Female Your Marital Status(Required) Single Married When Were You Married?(Required) ### Information About Your Spouse Spouse's Legal Name Prefix Mr.Mrs.MissMs.Dr.Prof.Rev. First Middle Last Suffix Spouse's Nickname, if any? Spouse's Preferred Phone Number Spouse's Email Address Spouse's Gender Male Female Do You & Your Spouse Have a Pre or Post Nuptial Agreement?(Required) Yes and I will email a copy of the agreement to Richard C. Keyt at rck@keytlaw.com No ### Children Information Have You Had Any Children Since You Signed Your Trust? Yes No Your Children Born or Adopted After You Signed Your TrustChild's Name Birth Date Alive (A) or Deceased (D) Add Remove Enter information for your afterborn children. If you have more than one afterborn child click on the + sign to add another row. ### People Named in Your Estate Plan Documents People named in the fields below will be displayed in later questions so you can pick names from a list instead of typing the name each time. Enter spouse in the first field on the left. In other fields enter the legal names of people you will name later in this questionnaire to be named as successor trustees, healthcare agents, financial power of attorney agents, guardians, conservators and personal representatives (aka executors) under your Last Will & Testament. If you want two people to serve at the same time enter their names in the same field. If you have more than four names click on the + symbol on the far right of the column to add another row. List All People Who Will be Named Later in This Questionnaire(Required)1st Person 2nd Person 3rd Person 4th Person Add Remove Click on the + symbol to add fields for additional people. ### Your Revocable Living Trust Exact Name of Your Existing Trust(Required) Date of Your Existing Trust(Required) Do You Want to Add, Remove or Alter Your Successor Trustee(s)?(Required) Yes No Name(s) of Successor Trustee(s) of Your Trust(Required)1st Successor Trustee 2nd Successor Trustee 3rd Successor Trustee Add Remove Name of the person(s) or trust company you want to become the trustee or co-trustees of your trust if you die or lose your mental capacity. You must name at least one successor trustee. You can have two people serve as co-trustees by naming both people in the same field. If you are not sure who to name at this time enter "not sure" in the name field and you can let us know later. If you want to name more than three successor trustees click on the + icon on the right of the column to add another row. Tell us the changes you want to make to your future trust beneficiaries and any other changes you want to make. ### Last Will & Testament Who Will Be the Personal Representative of Your Estate if a Probate is Necessary?(Required)1st Personal Representative 2nd Personal Representative 3rd Personal Representative Add Remove Please indicate above your choices for the Personal Representative of your probate estate. You must name at least one person. Additional people are optional, but recommended in case your first choice cannot serve. People named as a Personal Representative do not have to be residents of Arizona. **Warning**: Do not name co-personal representatives Who Will Be the Personal Representative of Your Spouse's Estate if a Probate is Necessary?(Required)1st Personal Representative 2nd Personal Representative 3rd Personal Representative ### Financial Power of Attorney This document names the person or people you want to deal with your financial affairs if you lose your mental capacity. Who Do You Want to Be Your Agent Under Your Financial Power of Attorney?(Required)1st Agent 2nd Agent 3rd Agent Who Does Your Spouse Want to Be His or Her Agent Under the Financial Power of Attorney?(Required)1st Agent 2nd Agent 3rd Agent ### Healthcare Power of Attorney This document names the person or people you want to make medical decisions for you if you are not able to communicate with the doctors. Who Do You Want to Be Your Agent Under Your Healthcare Power of Attorney?(Required)1st Healthcare Agent 2nd Healthcare Agent 3rd Healthcare Agent Who Does Your Spouse Want to Be His or Her Agent Under the Healthcare Power of Attorney?(Required)1st Healthcare Agent 2nd Healthcare Agent 3rd Healthcare Agent ### Any Additional Information? Do You Have an Additional Information You Want to Tell the Keyts?(Required) Yes No Additional Information ### Your Next Steps Total Fees for Your Services The amount for each document and the total for all your documents is shown below. Trust Amendment & Certification of Trust Price: Will Amendment for You Price: Will Amendment for Your Spouse Price: Will Amendments for You & Your Spouse Price: Financial Power of Attorney Amendment for You Price: Financial Power of Attorney Amendment for Your Spouse Price: Financial Power of Attorney Amendment for You & Your Spouse Price: Healthcare Power of Attorney Amendment for You Price: Healthcare Power of Attorney Amendment for Your Spouse Price: Healthcare Power of Attorney Amendment for You & Your Spouse Price: HIPAA Authorization Amendment for You Price: HIPAA Authorization Amendment for Your Spouse Price: HIPAA Authorization Amendment for You & Your Spouse Price: Prepare Special Warranty Deed to Transfer AZ Land to Your Trust Price: Total Amount Payable to KEYTLaw, LLC ### Your Next Steps Step 1. Pay Your Fee To pay your fee for your estate plan document amendments go to our secure [online payment page](https://www.keytlaw.com/pay/) or call our legal assistant Michelle Watkins at 480-664-7413 and give her your card information. Step 2. Review This Questionnaire When you click on the Submit icon below our system will send you and email that contains all the information you entered in this questionnaire. Please review that email and reply and tell us everything is correct or tell us anything you want to change. Step 3. Make an Appointment to Sign Your Documents Make an appointment with Richard C. Keyt (480-664-7472 & rck@keytlaw.com) to sign your documents in our office at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258. Go to Richard's [online calendar](https://www2.apptoto.com/b/rckepsign/) and make an appointment. Plan on spending 30 - 60 minutes. Submit this Questionnaire Save and Continue Later --- ### [Attorneys & Staff](https://www.keytlaw.com/attorneys-staff/) **Published:** March 25, 2012 **Author:** Richard Keyt **Content:** ## KEYTLaw Attorneys & Staff **KEYTLaw, LLC, Attorneys** - **[Richard Keyt, JD, LL.M (federal income & estate tax)](https://www.keytlaw.com/richard-keyt/)** Direct Phone: 480-664-7478 Email: **Law Practice Areas**: Estate planning, entity formation, real estate law, business law and contracts To make a free estate plan consultation or an appointment for a 5 – 30 minute phone call with Richard Keyt (the father) go to Rick’s [online calendar and make an appointment](https://www.keytlaw.com/rk). - **[Richard C. Keyt, JD, MS (accounting)](https://www.keytlaw.com/richard-c-keyt)** Direct Phone: 480-664-7472 Email: [rck@keytlaw.com](mailto:asn@keytlaw.com) **Law Practice Areas**: Estate planning, probate law, nonprofit corporations and charity law, entity formation, real estate law, business law and contracts To make a free estate plan consultation or an appointment for a 5 – 30 minute phone call with Richard C. Keyt (the son) go to Ricky’s [online calendar and make an appointment](https://www.keytlaw.com/rck). **KEYTLaw, LLC, Legal Assistants** - Carol R. Keyt – bookkeeping Email: crk@keytlaw.com - **Michelle Watkins** – estate planning Direct Phone: 480-664-7413 Email: michelle@keytlaw.com - **Amanda Duran** – LLCs & probates Direct Phone: 480-664-7846 Email: luana@keytlaw.com - **Luana Strugari** – director of client services Direct Phone: 480-996-8188 Email: luana@keytlaw.com - ****Noah Bernstein**** – LLCs & Nonprofit Corporations Direct Phone: 480-605-2391 Email: noah@keytlaw.com --- ### [Carol R. Keyt - Bookkeeper](https://www.keytlaw.com/attorneys-staff/carol-keyt/) **Published:** April 1, 2012 **Author:** Richard Keyt **Content:** ## Carol Keyt, Bookkeeper **[![](https://www.keytlaw.com/azllclaw/wp-content/uploads/IMG_7405-150x150.jpg "IMG_7405")](https://www.keytlaw.com/azllclaw/wp-content/uploads/IMG_7405.jpg)** Carol Keyt is KEYTLaw’s bookkeeper. She and Richard Keyt were married in January 1972, and five months later, they were separated for 13 months when the USAF sent Rick to Korea and Thailand to fly combat missions in the F-4 Phantom over North Vietnam, South Vietnam, and Laos. She is from Easton, Pennsylvania, and graduated from Penn State University in 1970 with a degree in elementary education. Carol taught elementary school before marrying Rick. While Rick was overseas, she worked for American Express at 24th St. & Lincoln in Phoenix. When Rick was in law school, Carol worked for a bank and credit union. She is the mother of three wonderful children. Carol was Rick’s primary limited liability company legal assistant for years. **Contact Information:** Phone: 480-664-7635 Email Address: **Mailing Address:** KEYTLaw, L.L.C. 7373 E. Doubletree Ranch Road, Suite 135 Scottsdale, AZ 85258 **Education:** - [Penn State University](http://www.psu.edu/), State College, Pennsylvania, B.A., 1970 --- ### [Real Estate Law](https://www.keytlaw.com/real-estate-law/) **Published:** April 8, 2012 **Author:** Richard Keyt **Content:** 1\. **Commercial Real Estate Leases**: [Richard C. Keyt, JD, MS (accounting)](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/), prepares and reviews commercial leases. Unless you have an unusual situation, Richard charges $499 – $999 (depending on the number of pages) to review a commercial lease and $350 to review a residential lease. Jeana also prepares commercial leases. 2**. Real Estate Purchase & Sale Contracts**: [Richard C. Keyt, JD, MS (accounting)](https://www.keytlaw.com/richard-c-keyt/), prepares and reviews contracts and related documents to buy or sell all types of Arizona real estate (commercial, office buildings, shopping centers, industrial buildings, homes and raw land). For commercial purchases and sales, we charge $1,000 to prepare the contract and related documents unless you have an unusual situation. See “[Arizona For Sale By Owner Contract Preparation Service](https://www.keytlaw.com/arizonarealestatelaw/fsbo/fsbo-service/)” located here: [www.keytlaw.com/arizonarealestatelaw/fsbo/fsbo-service/](https://www.keytlaw.com/arizonarealestatelaw/fsbo/fsbo-service/) [Richard C. Keyt, JD, MS (accounting)](https://www.keytlaw.com/richard-c-keyt/), also prepares deeds to transfer title of Arizona real estate to trusts, limited liability companies and other types of entities. --- ### [Contact KEYTLaw Personnel](https://www.keytlaw.com/contact/) **Published:** April 8, 2012 **Author:** Richard Keyt **Content:** # KEYTLaw Attorneys & Staff Contact Information ### Attorney Phone Numbers: **[Richard Keyt, JD, LL.M. (masters degree in federal income tax)](https://www.keytlaw.com/richard-keyt/)** Direct Phone: 480-664-7478 Email: rk@keytlaw.com [Rick’s calendar](https://www.keytlaw.com/rk) to book a free office, phone or Zoom meeting [**Richard C. Keyt**, **JD, MS (accounting – former CPA)** ](https://www.keytlaw.com/richard-c-keyt) Direct Phone: 480-664-7472 Email: rck@keytlaw.com [Ricky’s calendar](https://www.keytlaw.com/rck) to book a free office, phone or Zoom meeting ## Book a Free Meeting To make a free office, phone, or Zoom video meeting with Richard Keyt (the father) or Richard C. Keyt (the son) to get answers to questions about - [forming](https://azllc.com/contents) or operating Arizona LLCs and PLLCs - [wills, trusts, and estate planning](https://www.keytlaw.com/ep-contents) - forming [Arizona nonprofit corporations](https://www.keytlaw.com/the-comprehensive-guide-to-forming-an-llc-in-arizona-key-insights-from-keytlaw-llc/) - [forming Arizona LLCs owned by an IRA](https://www.irallcs.com/) to make self-directed non-traditional investments - preparing or reviewing [prenuptial agreements](https://www.arizona-wills.com/paq/) - [buying or selling a business](https://www.keytlaw.com/azllclaw/bq/) or Arizona real estate go to the Keyt’s [online calendar and make the appointment](https://www.keytlaw.com/calendar). You can also call our legal assistant Michelle Watkins at Michelle Watkins at 480-664-7413 to make an appointment with Rick or Ricky. ## **Legal Assistant Phone Numbers:** **Michelle Watkins** – Wills & Trusts Direct Phone: 480-664-7413 Fax: 602-297-6890 Email: **Noah Bernstein** – LLCs & Nonprofit Corporations Direct Phone: 480-605-2391 Email: ****Amanda Duran**** – LLCs & Probates Direct Phone: 480-664-7846 Email: ****Luana Strugari**** – Client Services Director Direct Phone: 480-996-8188 Email: **Scottsdale, Arizona, Gainey Ranch Office Location:** 7373 E. Doubletree Ranch Road, Suite 135 Scottsdale, AZ 85258 **Google Map** [Map & Driving Directions to 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258](https://www.google.com/maps/place/7373+E+Doubletree+Ranch+Rd,+Scottsdale,+AZ+85258/@33.5656161,-111.9221487,17z/data=!3m1!4b1!4m2!3m1!1s0x872b74c8c0c63c33:0xd5b66ab9954805f8) --- ### [Professionals We Like](https://www.keytlaw.com/professionals-we-like/) **Published:** June 19, 2012 **Author:** Richard Keyt **Content:** # Professionals We Like Bookkeeper: Megan Long & Joy Hollenberg Tuttle, CPAs If you have a business you need a bookkeeper like Megan Long and Joy Tuttle, CPAs. They are with OnePoint Financial Partners, 33755 North Scottsdale Road #130, Scottsdale, Arizona 85266. Call Megan (megan.long@onepointfp.com) or Joy (joy.tuttle@onepointfp.com) at 480-437-9022. They are great. KEYTLaw, LLC, has used Joy and Megan since early 2007 to keep our QuickBooks in order. Although Joy and Megan are CPAs their company does not provide CPA or tax preparation services. OnePoint Financial is a bookkeeping and QuickBooks consulting firm. They can do some or all of your actual QuickBooks data entry either remotely over the internet or by sending a bookkeeper to your office. Once a month Megan Long comes to our office and reviews our data entry for the prior month and corrects any data entry errors we have made. If we are not sure how to handle a bookkeeping item we call our Megan for the answer. Once a year in January Joy Hollenberg Tuttle, CPA, reviews our QuickBooks accounts for the year that just ended. Joy makes any necessary adjustments to our QuickBooks accounts (debits & credits & CPA stuff) and gets our accounts ready to give to our CPA. We then email the Quickbooks accountant’s file to our CPA who prepares our tax return. I highly recommend QuickBooks for small business accounting and Oneonepointfp.compoint Financial as your part-time professional bookkeeper. CPA: Richard Lowry Richard’s firm is K & R Tax Accounting Services located at 2853 S Sossaman Road, Suite A-101 Mesa, AZ 85212. Call Richard at 480-392-6801. His email is general@krtaxes.com. Richard provides accounting services and tax planning for small businesses and their owners. We’ve been recommending Richard for more than ten years. CPA: Ryan Bayster with Burnett Advisors AZ, LLC Burnett Advisors AZ, LLC is a Public Accounting firm located in Scottsdale, Arizona serving clients in Scottsdale, Phoenix, and the surrounding metropolitan areas. Certified Public Accountants Kevin Burnett, Ryan Bayster, Nannette Adame, and Glenn Dietrich focus on the needs of small businesses and their owners, with an emphasis on accounting, bookkeeping and tax needs. These professionals work with clients as trusted advisors – providing expert guidance and solutions to help direct their clients’ financial life, protect their wealth, and grow their businesses so they can achieve the life they have always dreamed of. The Burnett mission is to lead, educate and inspire businesses and their individual owners while enriching their lives and the lives of others. If you are looking for a firm that is focused on relationships, integrity, unity, and excellence, you’ve found it! Please contact Ryan Bayster at (480) 598-1700 or email him at rbayster@burnettadvisors.com for a free initial consultation or visit the firm’s website: [www.burnettadvisors.com](https://web.archive.org/web/20250812064543/https://www.burnettadvisors.com/). CPA: Dallas R. Siler II, a CPA for Nonprofit Corporations Dallas R. Siler II’s, firm is DRS CPA, PLLC, at 4960 S. Gilbert Rd., Ste 1-247, Gilbert, AZ. His direct phone number is 480-292-2954 and his email address is dallas@drscpapllc.com. Dallas has 17+ years of nonprofit and governmental accounting and audit experience. Mr. Siler’s experience is specialized in the accounting for Arizona nonprofit corporations of all sizes, charter schools, traditional school districts, counties and cities. He has extensive knowledge of the preparation and submission of the federal IRS form 990 and related forms including the 990T. Mr. Siler has served on the business committee of a private foundation that established and supported independent schools mainly in North Carolina and Arizona. Call Dallas R. Siler II, CPA, directly at 480.292.2954. Tax Preparer for Nonresident Aliens: Douglas J. Kingston 16443 N. 59th Place, Scottsdale, Arizona 85254; phone: 602-595-5885; email: doug@itaxcpa.com. Business Banker: Wendy Sage, Private Member Banker Wendy Sage, a Notre Dame Federal Credit Union business banker, has over 30 years of banking experience. Her concierge-level member service will ensure you get the right product at the right time to meet your business needs. She will simplify the process for you so you can spend your time on what matters most—your business. Notre Dame FCU is a full-service financial institution offering free business and non-profit checking accounts. No matter how big or small, your business can take advantage of no qualifying activities, no monthly fees, no transaction limits, no deposit fees, and no minimum balance requirements. PLUS, you could be earning dividends on that free account. Visit Wendy at Notre Dame FCU’s Arizona office located at 4645 N 32nd St, Suite A220, Phoenix, AZ 85018 or call her at 602-735-0900. Send email to . For more information on Notre Dame FCU’s business solutions, as well as information needed to establish membership, visit [NotreDameFCU.com/BusinessChecking](https://web.archive.org/web/20250812064543/https://notredamefcu.com/business/business-checking). Financial Planner: Armando G. Roman AXIOM Financial Advisory Group, LLC, 7373 E. Doubletree Ranch Road, Suite 170, Scottsdale, AZ 85258. Phone: 480-367-9000; email: a.roman@axiomcorp.com; website: [www.axiomcorp.com](https://web.archive.org/web/20250812064543/http://www.axiomcorp.com/). Armando G. Roman and Tom Marki are CPAs who provide income, investment and wealth protection strategies designed for high income high net worth people and highly profitable business owners. Armando has 25 years experience providing clients with advice and counsel regarding investments, financial matters and taxes. He focuses his attention on wealth preservation and conservative tax-efficient investment returns. He takes particular care to emphasize substantial tax minimizing strategies when appropriate. Residential Real Estate Agent: Kathy Keyt Coldwell Banker Residential Brokerage, Biltmore-Paradise Valley Office, 3113 E. Lincoln Drive, Phoenix, AZ 85016. Call Kathy at 602-329-5398, fax to 602-914-7412 or send her an email message at kakeyt@gmail.com. Kathy is married to KEYTLaw attorney Richard Keyt’s brother, Norman Keyt. She is an excellent and very hard working residential realtor with many years of experience. Kathy’s realtor website is [www.azmoves.com/kathy.keyt](https://web.archive.org/web/20250812064543/http://www.azmoves.com/kathy.keyt). Trademark & Patent Attorney: Thomas W. Galvani Contact Tom if you need a U.S. patent or if you want to register a federal trademark or service mark with the U.S. Patent & Trademark Office. Thomas W. Galvani, P.C., 3519 East Shea Blvd. Suite 129, Arizona 85028; phone: (602) 281-6481; email: prospective@galvanilegal.com. For more about Tom, patents and trademarks see Tom’s website at [www.galvanilegal.com](https://web.archive.org/web/20250812064543/http://www.galvanilegal.com/). --- ### [KEYTLaw, LLC, Office Location](https://www.keytlaw.com/location/) **Published:** July 13, 2013 **Author:** Richard Keyt **Content:** # KEYTLaw, LLC, Office Location **Directions to KEYTLaw Office & Parking Information** We are at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, Arizona, in the Gainey Ranch Financial Center, a two story office building on the south side of the National Bank building on the southeast corner of East Doubletree Ranch Road and Gainey Suites Drive. **Driving Directions from Scottsdale Road** From Scottsdale Road go one block east on Doubletree Ranch Road to the first stop light at Gainey Suites Drive. Turn right (south) and then immediately turn left onto the Gainey Ranch Financial Center parking lot on the north side of 7373 E. Doubletree Ranch Road. **Driving Directions from Route 101 or East of Hayden Road** If you are approaching our office from Route 101 exit at Via de Ventura and go west. Via de Ventura turns into East Doubletree Ranch Road when you cross Hayden Road. Continue west on East Doubletree Ranch Road until you reach the stop light at Gainey Suites Drive. Turn left (south) at the light onto Gainey Suites Drive and then turn left immediately onto the Gainey Ranch Financial Center parking lot on the north side of 7373 E. Doubletree Ranch Road. Park any where in the front of the building. Enter the building through the main entrance on the north side of the building. Walk through the lobby. Turn right at the hallway to the west of the elevator. Go west in the hallway to the last office on the right (north side), which is Suite 135. **Parking**: There is plenty of parking on the north and south sides of the building. **KEYTLaw Office at Gainey Ranch Financial Center** --- ### [Arizona Lemon Law Statutes](https://www.keytlaw.com/lemonlawstatutes/) **Published:** March 28, 2015 **Author:** Richard Keyt **Content:** # Arizona Lemon Law Statutes The Arizona lemon law statutes are found in Arizona Revised Statutes Sections 44-1261 – 1267. Those statutes as of March 28, 2015, are reprinted below. For a detailed explanation of the Arizona lemon law, see the article entitled “[Arizona Lemon Law](https://www.keytlaw.com/lemon-law/)” by Shalev Amar, Arizona Lemon Law attorney. The Arizona Lemon Law is set forth below: 44-1261. Definitions; exemptions A. In this article, unless the context otherwise requires: 1\. “Consumer” means the purchaser, other than for purposes of resale, of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle or any other person entitled by the terms of the warranty to enforce the obligations of the warranty. 2\. “Motor vehicle” means a self-propelled vehicle designated primarily for the transportation of persons or property over the public highways. 3\. “Used motor vehicle” means a motor vehicle that has been sold, bargained, exchanged or given away or the title to which has been transferred from the person who first acquired the vehicle from the manufacturer, importer or dealer or agent of the manufacturer or importer and that has been placed in bona fide consumer use. 4\. “Used motor vehicle dealer” means a person or business that sells or offers for sale a used motor vehicle after selling or offering for sale four or more used motor vehicles in the previous twelve months but does not include a bank or financial institution, an insurance company, a business selling a used motor vehicle to an employee of that business, a lessor selling a leased vehicle by or to the lessee of that vehicle or to an employee of the lessee of that vehicle or a person who buys, sells, exchanges or offers or attempts to negotiate a sale of or exchange an interest in a classic car as defined in section 28-2483 or a historic vehicle as defined in section 28-2484. B. If the motor vehicle is a motor home, the provisions of this article shall apply to the self-propelled vehicle and chassis but not to those portions of the vehicle designed, used or maintained primarily as a mobile dwelling, office or commercial space. C. The provisions of this article do not apply to a sale of a motor vehicle to a purchaser for the purpose of resale for profit or to a motor vehicle with a declared gross weight over ten thousand pounds or that is sold at a public auction. 44-1262. New motor vehicle; repair during express warranty or two years or twenty-four thousand miles A. If a new motor vehicle does not conform to all applicable express warranties: 1\. A consumer shall report the nonconformity to the manufacturer, its agent or its authorized dealer or issuer of a warranty during the shorter of the following: (a) The term of the express warranty. (b) The period of two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier. 2\. The manufacturer, its agent or its authorized dealer or the issuer of a warranty shall make those repairs that are necessary to conform the motor vehicle to such express warranties, even if the repairs are made after the expiration of the term or two year period or twenty-four thousand mile limit. B. This section does not limit in any way the remedies available to a consumer under a new motor vehicle warranty that extends beyond the limits prescribed in this section. 44-1263. Inability to conform motor vehicle to express warranty; replacement of vehicle or refund of monies; affirmative defenses; tax refund A. If the manufacturer, its agents or its authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use and value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a new motor vehicle or accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price, including all collateral charges, less a reasonable allowance for the consumer’s use of the vehicle. The manufacturer shall make refunds to the consumer and lienholder, if any, as their interests appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first written report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair. B. It is an affirmative defense to any claim under this article that either: 1\. An alleged nonconformity does not substantially impair the use and market value of the motor vehicle. 2\. A nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle. C. In the case of taxes paid pursuant to title 42, chapter 5, if the manufacturer: 1\. Accepts return of a motor vehicle from a consumer without replacing the motor vehicle, the manufacturer shall refund the amount of tax attributed to the sale of the vehicle to that consumer. 2\. Replaces a motor vehicle with a new motor vehicle of lesser value, the manufacturer shall refund the difference between the original amount of tax attributed to the sale of that vehicle and the amount of tax attributed to the sale of the replacement vehicle, excluding the value of the motor vehicle being replaced. 3\. Replaces a motor vehicle with a new motor vehicle of greater value, the manufacturer shall calculate the gross proceeds of sales pursuant to section 42-5001, paragraph 6. D. Pursuant to section 42-1118, subsection F, the manufacturer may apply to the department of revenue for a refund for the amount of tax that the manufacturer properly refunds to the consumer. 44-1264. Reasonable number of attempts to conform motor vehicle to express warranty; presumption A. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if either: 1\. The same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers during the shorter of the express warranty term or the period of two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier, but the nonconformity continues to exist. 2\. The motor vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days during the shorter of the express warranty term or the two year period or twenty-four thousand miles, whichever is earlier. B. The term of an express warranty, the two year period and the thirty day period are extended by any period of time during which repair services are not available to the consumer because of any war, invasion, strike, fire, flood or other natural disaster. C. The presumption prescribed in this section does not apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer of the alleged defect and has had an opportunity to cure the alleged defect. 44-1265. Nonlimitation of rights; refund or replacement not required if certain procedures not followed; attorney fees A. If a manufacturer has established or participates in an informal dispute settlement procedure which complies in all respects with 16 Code of Federal Regulations part 703, section 44-1263 relating to refunds or replacement does not apply to any consumer who has not first resorted to such a procedure. B. A consumer shall begin an action under this article within six months following the earlier of expiration of the express warranty term or two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier. If a consumer prevails in an action under this article, the court shall award the consumer reasonable costs and attorney fees. 44-1266. Notice to dealers and prospective purchasers A. A manufacturer who has been ordered by judgment or decree to replace or repurchase or who has replaced or repurchased a motor vehicle pursuant to this article or the repair or replace laws of another state shall, before offering the motor vehicle for resale, attach to the motor vehicle written notification indicating the motor vehicle has been replaced or repurchased. A consumer has a cause of action against any person who removes the written notification from the motor vehicle, except as provided in subsection B of this section. B. A motor vehicle dealer, broker, wholesale motor vehicle dealer or wholesale motor vehicle auction dealer as defined in section 28-4301 who offers for sale a motor vehicle that has been replaced or repurchased pursuant to this article or the repair or replace laws of another state shall provide the purchaser with the manufacturer’s written notification indicating that the motor vehicle has been replaced or repurchased before completion of the sale. C. It shall constitute an affirmative defense in an action brought pursuant to subsection A of this section against a motor vehicle dealer or an agent of a motor vehicle dealer that the notification described in subsection A of this section was removed by someone other than the dealer or agent without the knowledge of the dealer or agent. 44-1267. Used motor vehicles; title; implied warranty of merchantability disclaimer; waiver; burden of proof; remedies A. Before the seller attempts to sell a used motor vehicle the seller shall possess the title to the used motor vehicle and the title shall be in the seller’s name. B. Except as provided in subsection I of this section and in addition to the requirements of section 28-4412, a used motor vehicle dealer shall not exclude, modify or disclaim the implied warranty of merchantability prescribed in section 47-2314 or limit the remedies for a breach of that warranty, except as otherwise provided in this section, before midnight of the fifteenth calendar day after delivery of a used motor vehicle or until a used motor vehicle is driven five hundred miles after delivery, whichever is earlier. In calculating time under this subsection, a day on which the warranty is breached is excluded and all subsequent days in which the motor vehicle fails to conform with the implied warranty of merchantability are also excluded. In calculating distance under this subsection, the miles driven to obtain or in connection with the repair, servicing or testing of the motor vehicle that fails to conform with the implied warranty of merchantability are excluded. An attempt to exclude, modify or disclaim the implied warranty of merchantability or to limit the remedies for a breach of that warranty, except as otherwise provided in this section, in violation of this subsection renders a purchase agreement voidable at the option of the purchaser. C. For the purposes of this section, the implied warranty of merchantability is met if the motor vehicle functions in a safe condition as provided in title 28, chapter 3, article 16 and is substantially free of any defect that significantly limits the use of the motor vehicle for the ordinary purpose of transportation on any public highway. The implied warranty of merchantability expires at midnight of the fifteenth calendar day after delivery of a used motor vehicle or when a used motor vehicle has been driven five hundred miles after delivery, whichever is earlier. In calculating time under this subsection, a day on which the warranty is breached is excluded and all subsequent days in which the motor vehicle fails to conform with the implied warranty of merchantability are also excluded. In calculating distance under this subsection, the miles driven to obtain or in connection with the repair, servicing or testing of the motor vehicle that fails to conform with the implied warranty of merchantability are excluded. D. The implied warranty of merchantability described in this section does not extend to damage that occurs after the sale of the motor vehicle and that is the result of any abuse, misuse, neglect, failure to perform regular maintenance or to maintain adequate oil, coolant or other required fluid or lubricant or off road use, racing or towing. E. If the implied warranty of merchantability described in this section is breached, the purchaser shall give reasonable notice to the seller. Before the purchaser exercises any other remedies under title 47, chapter 2, the seller shall have a reasonable opportunity to repair the vehicle. The purchaser shall pay one-half of the cost of the first two repairs necessary to bring the vehicle in compliance with the warranty. The purchaser’s payments are limited to a maximum payment of twenty-five dollars for each repair. F. The maximum liability of the seller under this section is limited to the purchase price paid for the used motor vehicle. G. An agreement for the sale of a used motor vehicle by a used motor vehicle dealer is voidable at the option of the purchaser unless it contains on its face the following conspicuous statement printed in bold-faced ten point or larger type set off from the body of the agreement: The seller hereby warrants that this vehicle will be fit for the ordinary purposes for which the vehicle is used for 15 days or 500 miles after delivery, whichever is earlier, except with regard to particular defects disclosed on the first page of this agreement. You (the purchaser) will have to pay up to $25.00 for each of the first two repairs if the warranty is violated. H. The inclusion of the statement prescribed in subsection G of this section in the agreement does not create an express warranty. I. A purchaser of a used motor vehicle may waive the implied warranty of merchantability described in this section only for a particular defect in the vehicle and only if all of the following conditions are satisfied: 1\. The used motor vehicle dealer fully and accurately discloses to the purchaser that because of circumstances unusual to the used motor vehicle dealer’s business, the used motor vehicle has a particular defect. 2\. The purchaser agrees to buy the used motor vehicle after disclosure of the defect. 3\. Before the sale, the purchaser indicates agreement to the waiver by signing and dating the following conspicuous statement that is printed on the first page of the sales agreement in bold-faced ten point or larger type and that is written in the language in which the presentation was made: Attention purchaser: sign here only if the dealer told you that this vehicle has the following problem(s) and that you agree to buy the vehicle on those terms: 1.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 2.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 3.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ J. The dealer has the burden to prove by a preponderance of the evidence that the dealer complied with subsection I of this section. K. Any purchaser or seller who is aggrieved by a transaction pursuant to this section and who seeks a legal remedy shall pursue any appropriate remedy prescribed in title 47, chapter 2 and shall comply with the requirements prescribed in title 47, chapter 2. **About Shalev Amar** Mr. Amar litigates in the area of consumer protection focusing on Lemon Law and Breach of Warranty cases. His Firm’s phone number is (866) 904-AMAR. Mr. Amar has prevailed in numerous arbitrations and trials. Moreover, Mr. Amar and his predecessor law firms have also settled over 2,300 lemon law cases with motor vehicle manufacturers with a 98% success rate. Over nearly 14 years Mr. Amar has developed amicable professional relationships with the representatives of both motor vehicles manufacturers and dealers and that relationship benefits consumers represented by Amar Law Group, PLLC. Mr. Amar has also pioneered an accessible client centered approach with a Firm policy to update clients on major developments in their cases by phone, to take calls whenever possible, and to return calls immediately. Remember, if your car is not up to par, call Amar! For more information on Arizona’s lemon law visit [arizonalemonlawamar.com](https://arizonalemonlawamar.com). Amar Law Group, PLLC, provides information about Arizona Lemon Law and a [FREE CASE REVIEW](https://arizonalemonlawamar.com/free-case-review) (https://arizonalemonlawamar.com/free-case-review) for consumers. --- ### [Educational Videos](https://www.keytlaw.com/my-videos/) **Published:** April 22, 2017 **Author:** Richard Keyt **Content:** # Educational Videos ### **Don’t Follow Your Passion** Should you follow your passion, wherever it may take you? Should you do only what you love…or learn to love what you do? How can you identify which path to take? How about which paths to avoid? TV personality Mike Rowe, star of “Dirty Jobs” and “Somebody’s Gotta Do It,” shares the dirty truth in PragerU’s 2016 commencement address ### **Every High School Principal Should Say This** If every high school principal said this, it would change students’ lives and would change America. So what exactly should every high school principal say? ### **The Progressive Income Tax: A Tale of Three Brothers** “The Progressive Income Tax” is one of those economic terms that gets bandied about, but few actually know what it means or how it works. This tale of three similar brothers with three different incomes (but one shared expense) helps explain the tax system under which we live. Adapted from an article by noted investor and economist, Kip Hagopian, and narrated by actress Carolyn Hennesy of “General Hospital” and “True Blood” fame, this animated story will change the way you think about how you pay your taxes. ### **Why I Left the Left** Dave Rubin of The Rubin Report used to be a big progressive. He even had a show with The Young Turks! But now he’s not a progressive. He has left the left. Why? Dave Rubin shares his story. ### **Socialism Makes People Selfish** Which is better: socialism or capitalism? Does one make people kinder and more caring, while the other makes people greedy and more selfish? In this video, Dennis Prager explains the moral differences between socialism and capitalism, and why anyone who wants a kind and generous society must support one and oppose the other. ### **Does Free Speech Offend You?** Should offensive speech be banned? Where should we, as a society, draw the line where permitted speech is on one side, and forbidden speech is on the other? Should we even have that line? And should free speech be limited by things like trigger warnings and punishments for microaggressions? Greg Lukianoff, president of the Foundation for Individual Rights in Education, answers these questions and more. ### **The Speech Every College Grad Needs to Hear** There were thousands of college commencement speeches around the country this year for the Class of 2015. But there was one missing — one very truthful, funny and witty speech that graduates should’ve heard, but didn’t. Well, here it is, spoken by George Will, Pulitzer Prize-winning columnist at the Washington Post. ### **Is America Racist?** Is America racist? Is it — as President Barack Obama said — “part of our DNA”? Author and talk-show host Larry Elder examines America’s legacy of racism, whether it’s one we can ever escape, and in the process offers a different way of looking at things like Ferguson, crime, police and racial profiling. ### **The Ten Commandments: What You Should Know** Humanity has everything it needs to create a good world. We’ve had it for 3,000 years. It’s the Ten Commandments; ten basic, yet profound instructions for how to lead a moral life. If everyone followed the Ten Commandments, we would not need armies or police; marriages and families would be stronger; truth would be a paramount value. Dennis Prager explains how the Ten Commandments led to the creation of Western Civilization and why they remain relevant to your life today. ### **Can We Rely on Wind and Solar Energy?** Is green energy, particularly wind and solar energy, the solution to our climate and energy problems? Or should we be relying on things like natural gas, nuclear energy, and even coal for our energy needs and environmental obligations? Alex Epstein of the Center for Industrial Progress explains. ### **Democratic Socialism is Still Socialism** What is democratic socialism? What makes it different than regular socialism? Has it been tried? Could it work in the United States? Comedian and political commentator Steven Crowder, host of Louder With Crowder, explains. ### **What Makes America Different?** Is America really that great? Or is the United States just like any other nation? Outsiders tend to be the best judge of character, and Nick Adams, a best-selling Australian author and political commentator, gives an outsider’s view of the USA. ### **I Learned More at McDonald’s Than at College** Can working at McDonald’s better prepare a young adult for life than attending college? For Haverford undergraduate Olivia Legaspi, college taught her that her feelings are more important than anything; but working at McDonald’s she learned that serving others comes first. Which of those lessons is more important? Olivia Legaspi explains. ### **What is the University Diversity Scam?** America’s campuses, particularly those in California, spend tens of millions of dollars on administrators and programs to combat issues like sexism, homophobia, and racism on campus. But are these problems in any way prevalent at our universities? Or is this diversity bureaucracy a big waste of money? Heather Mac Donald of the Manhattan Institute explains. --- ### [The Arizona Lemon Law Explained](https://www.keytlaw.com/lemon-law/) **Published:** March 28, 2015 **Author:** Richard Keyt **Content:** # Arizona Lemon Law Explained by [Shalev Amar](https://arizonalemonlawadvocates.com/), Esq. founder of Amar Law Group, PLLC Many states have enacted Lemon Laws designed to protect buyers of new cars that end up being defective that are not repaired within a reasonable opportunity. Even the federal government has warranty legislation which acts as a type of Lemon Law and upon which many State Lemon Laws including the Arizona Lemon Law are based. Arizona’s Lemon Law is contained in Arizona Revised Statues Sections [44-1261 to 44-1267](https://www.keytlaw.com/lemonlawstatutes/). The Arizona Lemon Law provides that if a new motor vehicle does not conform to all applicable express warranties because it has defects, nonconformities, and or/conditions, the manufacturer or its authorized repairing dealership shall make those repairs necessary to conform the vehicle to its express warranties. The Arizona Lemon Law is violated if your vehicle is not repaired within a reasonable number of repair attempts or time and the problems experienced substantially impair your car’s use and value. In other words, if your car has what the average consumer would consider to be an unreasonable repair history for substantial issues, the Arizona Lemon Law’s protections would come into effect. Here is a video that further explains the Arizona Lemon Law: To see if your vehicle qualifies for Arizona Lemon Law protection [click here for a FREE CASE REVIEW](https://arizonalemonlawadvocates.com/free-lemon-law-evaluation). ## **What You are Entitled to Receive When the Arizona Lemon Law is Violated** Under the Arizona Lemon Law, protects you when you did not receive the new car value you paid for and deserve. You are entitled to two forms of recovery if you’ve experienced an unreasonable number of repair attempts or repair time without your car while it gets repaired. The Arizona Lemon Law explains that, if, after a reasonable number of attempts (or repair time), the manufacturer, its agents or its authorized dealers do not conform the vehicle to an express warranty by repairing or correcting any defect or condition that substantially impairs the use and value of the motor vehicle to the consumer, under the Arizona Lemon Law the manufacturer must : 1. Replace the vehicle with a comparable new vehicle; or, 2. Accept the return of the vehicle from the consumer and refund to the consumer the full purchase price, including all collateral charges, less a reasonable allowance for the consumer’s use of the vehicle. Additionally, in order to facilitate consumers pursuing their rights with the benefit of legal representation, the Arizona Lemon Law entitles you to recover attorneys’ fees if you prevail in your Lemon Law claim and settlement is considered prevailing under the law. Because of this you don’t have to tolerate dealing with a defective new car that is not worth what you paid for it: You also have some practical alternatives to immediately filing a lawsuit under the Arizona Lemon Law and engaging in litigation. Going to court to employ the protections of the Arizona Lemon Law is actually rare if you have an experienced Lemon Law attorney who knows how to settle Arizona Lemon Law claims with car companies out of court. With the help of a Lemon Law attorney you can compromise and reach a settlement that will get you out of your Lemon vehicle or get you cash compensation without the need to go to court. The Arizona Lemon Law settlement may involve the repurchase or replacement of your automobile. Moreover, many car companies agree to provide substantial cash compensation for Arizona Lemon Law claims with you keeping your vehicle as an alternative to a repurchase or replacement under the Arizona Lemon Law. Here are some answers to some frequently asked Arizona Lemon Law representation questions: For additional Arizona Lemon Law information please visit our website for a no obligation [FREE CASE REVIEW](https://arizonalemonlawadvocates.com/free-lemon-law-evaluation). ## **Reasonable Number of Attempts to Repair under the Arizona Lemon Law** There is no minimum number of repair attempts or time out of service that the Arizona Lemon Law sets for there to be a valid Arizona Lemon Law claim. Each determination of what is a reasonable number of repair attempts or time is made independently under the circumstances. Your vehicle has had too many repair attempts or has been out of service for repair too long if the average reasonable consumer would consider the total repair attempts or total days out of service for repairs unreasonable. However, under the Arizona Lemon Law there are guideposts for when the number of repeat repair attempts or the cumulative days out of service for repair are deemed automatically unreasonable. For these more extreme cases of repeat repair attempts or excessive repair time, the Arizona Lemon Law provides legal presumptions to aid you in proving you have a Lemon. The Law presumes your vehicle’s repair history is unreasonable if your car has been in the repair shop for a cumulative total of 30 days; or, your car was repaired for the same related issue four times, but your car was not fixed within those 4 repair attempts and the issue continued to exist. According to A.R.S. [§ 44-1264(A)](https://www.keytlaw.com/lemonlawstatutes/), it is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties under the Arizona Lemon Law if **either**: 1. The same nonconformity has been **subject to repair four or more times** by the manufacturer or its agents or authorized dealers during the shorter of the express warranty term or the period of two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier, but the nonconformity continues to exist. or; 2. The motor vehicle is out of service by reason of repair for a **cumulative total of thirty or more** calendar days during the shorter of the express warranty term or the two year period or twenty-four thousand miles, whichever is earlier. In order to apply these presumptions a consumer must give written warning to the manufacturer of the vehicle’s defects, non-conformities, or conditions. The Arizona Lemon Law provides that these presumptions do not apply against a car manufacturer unless the manufacturer has been given written notice from or on behalf of the consumer of the alleged defect and has had an opportunity to cure the alleged defect. Meeting the Arizona Lemon Law’s presumptions is not required to have a valid Arizona Lemon Law claim. You can still have a valid Lemon Law case without meeting either presumption. With that being said, if either of the Arizona Lemon Law’s presumptions is met that is helpful to you because it shifts the burden of proof under the Arizona Lemon Law from the consumer to the car company. This is an additional advantage that the Arizona Lemon Law provides consumers. For additional Arizona Lemon Law information and a free no obligation case review visit [FREE CASE REVIEW](https://arizonalemonlawadvocates.com/free-lemon-law-evaluation). ## **Applicable Statute of Limitations for the Arizona Lemon Law** The Arizona Lemon Law’s protections apply to the first 2 years or 24,000 that you own your new vehicle (whichever expires first). At that point, you have 6 months to bring an action: - For a consumer to exercise his or her rights under the Arizona Lemon Law, the consumer must: (i) report the warranty problem to the manufacturer, its agent or its authorized dealer or issuer of a warranty, AND (ii) begin an Arizona Lemon Law action within six months following the earlier of: (a) expiration of the express warranty term, or (b) two years or 24,000 miles following the date of delivery of the vehicle to the consumer, whichever is earlier. If you are time out of the Arizona Lemon Law, it may still be possible for you to be compensated using other Arizona laws and the federal Magnuson Moss Warranty Act. We can let you know either way if you contact us for a [FREE CASE REVIEW](https://arizonalemonlawadvocates.com/free-lemon-law-evaluation). ## **Exclusions to the Arizona Lemon Law** The Arizona Lemon Law does not apply to: 1. a sale of a vehicle to a purchaser for the purpose of resale for profit, or 2. a vehicle with a declared gross weight over 10,000 pounds, or 3. a vehicle that is sold at a public auction. Again though, if you are excluded from Arizona Lemon Law coverage you can still be protected by other laws and statutes. The rights granted to Arizona consumers under the Arizona Lemon Law are in addition to any contract rights you may have arising from the purchase agreement, any new vehicle warranty or other applicable laws. The Arizona Lemon Law is codified in Arizona Revised Statutes Sections 44-1261 to 44-1267. ## **The Magnuson – Moss Warranty Act (a federal Lemon Law)** The [Magnuson – Moss Warranty Act](https://arizonalemonlawadvocates.com/federal-lemon-law) is a federal law that imposes certain obligations on vehicle manufacturers and grants certain rights to consumers. This federal Lemon Law is what State Lemon Laws including the Arizona Lemon Law are modeled after. The federal Lemon Law offers protections to purchasers of automobiles sold with warranties. See Understanding the [Magnuson-Moss Warranty Act](https://arizonalemonlawadvocates.com/federal-lemon-law) for a summary of the Act and 15 U.S.C. § 2301 et seq. The federal Lemon Law allows purchasers to recover cash compensation for breach of warranty and to obtain attorneys’ fees. If you have a Lemon vehicle, the federal Lemon Law may provide remedies and compensation for your situation, even if you are timed out of the Arizona Lemon Law because the statute of limitations does not begin running on the federal Lemon Law until after the vehicle’s warranty term expires. As such, the federal Lemon Law is a backup when the Arizona Lemon Law does not apply. ## **About Shalev Amar, Esq.** Shalev Amar is the founder of Amar Law Group, PLLC. Mr. Amar has an outstanding academic background having graduated Cum Laude from both the University of Arizona (where he majored in Political Science) and the Arizona State University Sandra Day O’Connor College of Law. Mr. Amar leads the largest Arizona based Lemon Law attorney team that litigates in the area of consumer protection focusing on Lemon Law and Breach of Warranty cases. The phone number of his law firm is (866) 904-2627 and the Firm’s website address is [arizonalemonlawadvocates.com](https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.arizonalemonlawadvocates.com%2f&c=E,1,HSY2FPbem9y3_EUQZxRXm4eGNgPACHW_qul-Kl3QivhrgvrbgqcGjnK-lwMSuqFwSkZm1gJJa8wQMxtfHOXAhmrio0u4fbkG0nZ2HgTEKy86shb7&typo=1). Mr. Amar is an Arizona Lemon Law attorney whose Lemon Law attorney team at Amar Law Group, PLLC along with predecessor firms has resolved over 5,229 Lemon Law cases with motor vehicle manufacturers with a 99.1% Success Rate. Mr. Amar has amicable professional relationships with the representatives of motor vehicles manufacturers developed over nearly 18 years of dealing with those companies on behalf of consumers. These constructive relationships benefit consumers represented by Amar Law Group, PLLC as it aids in resolving Arizona Lemon Law and federal Lemon Law claims quickly and amicably per the Firm’s quick, easy, and free 3-Step Out-of-Court Lemonaid Resolution Process. In fact, 95% of Amar Law Group’s Lemon Law and breach of warranty cases are resolved out of court with this process so most Lemon Law clients never need to step foot in a courtroom to resolve their Arizona Lemon Law or breach of warranty matter. Mr. Amar has also pioneered an accessible client centered approach to consumer representation with a Firm policy to update clients on major developments in their cases by phone, to take calls whenever possible and to return calls immediately. Call for Arizona Lemon Law advocacy at (866) 904-AMAR. Remember, if your car’s not up to par, call Amar! For more information on Arizona’s Lemon Law and the federal Lemon Law visit [arizonalemonlawadvocates.com](https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.arizonalemonlawadvocates.com%2f&c=E,1,HSY2FPbem9y3_EUQZxRXm4eGNgPACHW_qul-Kl3QivhrgvrbgqcGjnK-lwMSuqFwSkZm1gJJa8wQMxtfHOXAhmrio0u4fbkG0nZ2HgTEKy86shb7&typo=1). Amar Law Group, PLLC provides not only information about the Arizona Lemon Law but also a [FREE CASE REVIEW](https://arizonalemonlawadvocates.com/free-lemon-law-evaluation) for consumers. --- ### [MiG Attacks Major Gary Retterbush 1972](https://www.keytlaw.com/retterbush/) **Published:** September 17, 2016 **Author:** Richard Keyt **Content:** ## MiG Attacks Major Gary Retterbush 1972 Click on the link below to listen to the audio tape made by Lt. Dan Autrey (WSO) of a mission he and Major Gary Retterbush (pilot) flew in the F-4 in Route Pack VI over North Vietnam in the summer or fall of 1972. They were in Lark 3, one of four F-4s in Lark flight that was flying strike escort for the F-4 bombers. The job of the strike escort F-4s was to protect the F-4 bombers from being attached by Migs. You will hear the Navy ship in the Gulf of Tonkin with the call sign of Red Crown making radio calls warning the F-4s as to the location of Migs. Red Crown gives the U.S. aircraft the range and bearing of airborne Migs from Bullseye, the code name for Hanoi. For example, if Red Crown says “blue bandits, Bullseye 305 for 53 it means there are Mig-21s 53 miles northwest of Hanoi on the 305 radial from Hanoi. At 15 minutes and 14 seconds into the audio you will hear Lt. Col. Lyle Beckers, the flight leader of Lark flight in Lark 1 and the commander of the 35th Tactical Fighter Squadron, say “Break Lark 3 left” when he saw two Mig-21s fire four heat seeking missiles at Gary and Dan. As Gary turned the Phantom hard left and put five Gs on the airplane Dan looked back at his six o’clock and saw four supersonic and deadly missiles coming at him. Dan then said what anybody would say in that situation, “Oh shit.” [Audio tape of Lark 3 Being Attacked by 2 Mig-21sthat fire 4 missiles at Lark 3](https://www.keytlaw.com/retterbush.m4a) bogey talley beeping is radars hitting the F-4 ins push it up beeper Disco 3 Hotel lima come up voice Yucca – F-4 smokers Red Crown Eagle pods unknowns 065/28 Bullseye 10:20 056/26 11:00 020/17 11:05 send him out here. I’ll blow his ass off bandit 11:22 ejection beeper goes off 11:41 confirmed bandits 350/16 heading west 11:55 bandits 035/32 12:06 Eagle getting ready to shoot. Shooting now. 12:55: 06 Lorado 16 on guard come up beeper. 12:32: bandits coming into the strike route 12:50 Buicks are going to engage them 13:54: new set of unknows out of Bullseye 14:05: 305 at 20 14:19: Bullseye has confirmed bandits 305 at 53 in the strike route 14:23: Gary says 035 14:27 Dan says 305 I thought he said. 14:42 Gary says their behind us 14:48 missile launch tone in Lark 3’s cockpit 14:52 Dan says launch light 14:58 Gary says no strobe 15:12 Lark 1 says Break Lark 3 left 15:15 Dan looks behind their airplane to the left and says ah shit. Behind us behind us. Break, break break You can hear the angle of attack indicator beeping that tells the pilot there is a lot of Gs on the airplane. --- ### [Kate Bohannan](https://www.keytlaw.com/kate/) **Published:** July 1, 2018 **Author:** Richard Keyt **Content:** ## Kate Bohannan Kate is the KEYTLaw Girl featured in many of [Arizona attorney Richard Keyt’s videos](http://www.keytlaw.com/azllclaw/keytlaw-girl/ "KEYTLaw Girl"). Kate is Richard Keyt’s daughter. Starting her senior year at ASU Kate was Richard’s legal assistant primarily in charge of forming and administering Arizona limited liability companies. She quit KEYTLaw after six years to take a job with Origami Owl, a jewelry manufacturing company. She worked for Origami for five years then quit to start a photography business. She returned to working with her father, mother and brother in the fall of 2018. Katie is married and the mother of a daughter and two young sons. She has a Cavalier King Charles Spaniel named Gorgy. Here’s Kate in the “Dreaming of Sedona” video. **Education:** Arizona State University, Tempe, Arizona, B.A., 2007 Xavier College Preparatory High School, 2003 --- ### [Client Reviews | Arizona LLC & Estate Planning Lawyers](https://www.keytlaw.com/review/) **Published:** September 30, 2018 **Author:** Richard Keyt **Content:** ## Client Reviews | Arizona LLC & Estate Planning Lawyers People love [Richard Keyt’s](https://www.keytlaw.com/richard-keyt) and [Richard C. Keyt’s](https://www.keytlaw.com/richard-c-keyt) wills, trusts and estate plan service and their Arizona LLC formation services. The Keyts have formed 10,000+ LLCs since Rick started counting in 2002. Read reviews of satisfied LLC purchasers and estate plan clients at the links below. - Read our 424 [five star Google, Facebook & BirdEye reviews](https://birdeye.com/keytlaw-llc-147983304225680) - Read our 309 [five star Google reviews](https://www.google.com/search?q=keytlaw%2C+7373+e+doubletree+ranch+rd+suite+135%2C+scottsdale%2C+az+85258&newwindow=1&sca_esv=ec94a8f682f800d7&sca_upv=1&sxsrf=ADLYWIIMvGlXf40fFiYqo-WFxMlTKmQljw%3A1725211827471&source=hp&ei=s6TUZsKwGqu5kPIP7MHKwA8&iflsig=AL9hbdgAAAAAZtSywwFZ-MSm-wIS3ZpkGcTF8lN7ZVUh&oq=keytlaw&gs_lp=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&sclient=gws-wiz#) - Read our [written testimonials](https://www.keytlaw.com/azllclaw/forming-llcs/testimonials/) ## Our Video Testimonials **Get an Estate Plan** See the [36 documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare a custom estate plan with a revocable living trust to protect your most valuable assets – your loved ones. **Form an LLC or PLLC** If you have questions about forming or operating an Arizona LLC call Arizona LLC attorneys Richard Keyt (father) at 480-664-7478 or Richard C. Keyt (son) at 480-664-7472. To hire the Keyts to form an Arizona LLC or PLLC call one of them and give your information over the phone or complete and submit our [Arizona LLC Formation Questionnaire](https://azllc.com/llcq). --- ### [Legal Disclaimer](https://www.keytlaw.com/disclaimer/) **Published:** December 31, 2018 **Author:** Richard Keyt **Content:** ## Legal Disclaimer This website is created and owned by attorneys in the law firm of KEYTLaw, LLC, an Arizona limited liability company. KEYTLaw’s attorneys are [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/) (the father who is licensed to practice law in Arizona) and [Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) (the son who is licensed to practice law in Arizona and California). KEYTLaw, LLC is located at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258. The information on this website is intended to be informational. Viewing information on our websites does not create an attorney / client relationship nor is it legal advice for a specific legal matter. This website and the firm’s other websites are governed by the Arizona Rules of Professional Conduct for lawyers. This website does not seek professional employment with respect to legal matters in any jurisdictions other than Arizona or in any state where this web site would not comply with applicable requirements concerning advertisements and solicitations. We intend to make every attempt to keep this information current. We do not promise or guarantee, however, that the information is correct, complete or up-to-date, and Internet subscribers and online readers should not act based upon this information without seeking professional counsel from an attorney admitted to practice in your location. **Email Disclaimer**: Sending emails to a KEYTLaw attorney, to the firm or any of the firm’s personnel will not create an attorney / client relationship and may not be kept confidential. **Website Disclaimer**: Viewing this website and any of the firm’s other websites does not create an attorney / client relationship and is only legal information. **Practice Disclaimer**: The firm and its attorneys practice law only in Arizona. Richard C. Keyt also practices law in California. --- ### [President Lincoln's Gettsyburg Address](https://www.keytlaw.com/gettsyburg/) **Published:** December 2, 2018 **Author:** Richard Keyt **Content:** President Lincoln delivered the following speech on November 19, 1863, at the dedication of the military battlefield cemetery at Gettysburg, Pennsylvania. > Four score and seven years ago our fathers brought forth, upon this continent, a new nation, conceived in liberty, and dedicated to the proposition that all men are created equal. > > Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived, and so dedicated, can long endure. We are met on a great battle field of that war. We come to dedicate a portion of it, as a final resting place for those who died here, that the nation might live. This we may, in all propriety do. But, in a larger sense, we cannot dedicate — we cannot consecrate — we cannot hallow, this ground — The brave men, living and dead, who struggled here, have hallowed it, far above our poor power to add or detract. The world will little note, nor long remember what we say here; while it can never forget what they did here. > > It is rather for us, the living, we here be dedicated to the great task remaining before us — that, from these honored dead we take increased devotion to that cause for which they here, gave the last full measure of devotion — that we here highly resolve these dead shall not have died in vain; that the nation, shall have a new birth of freedom, --- ### [Terms & Conditions](https://www.keytlaw.com/terms-conditions/) **Published:** February 9, 2019 **Author:** Richard Keyt **Content:** # Terms & Conditions Effective February 9, 2019 PLEASE READ THE FOLLOWING TERMS & CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE AND ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER CAREFULLY. THE PRIVACY POLICY AND DISCLAIMERS FOUND ON THIS WEBSITE ARE INCORPORATED HEREIN BY REFERENCE. PLEASE READ PRIVACY POLICY AND DISCLAIMERS IN CONJUNCTION WITH THESE TERMS & CONDITIONS. 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Because the new audit rules can cause substantial economic harm to members of LLCs taxed as partnerships and partners of partnerships all of entities taxed as partnerships should adopt a Tax Audit Agreement that solves the problems caused by the new partnership audit rules. **Note**: When I use the words “LLC” and “Operating Agreement” below those terms include “partnership” and “Partnership Agreement,” respectively. Also, the information in this article applies only to entities that are taxed as partnerships. To hire us to prepare a custom Tax Audit Agreement for your LLC or partnership for $497 complete and submit our [Tax Audit Agreement questionnaire](https://www.keytlaw.com/oa/oa-pt/). For an additional $97 we can send the agreement to all the members for them to sign digitally using DocuSign. ## **Why Your LLC Must Have a Tax Audit Agreement** I am a tax lawyer who has a masters degree in federal income tax law, an LL.M., from New York University School of Law. I’ve formed 10,000+ limited liability companies and many partnerships in my 46 years of practicing law. The hardest class I had at NYU was partnership tax. It is a subject that most people who form LLCs don’t understand. As a very experienced tax lawyer who has invested a lot of time studying the new partnership audit rules my opinion is that **ALL LLCs taxed as partnerships must do one of the following:** - **amend their Operating Agreement to include tax audit provisions, or** - **adopt a Tax Audit Agreement.** If you don’t believe me then read my article called “[LLCs Taxed as Partnerships Must Adopt a Tax Audit Agreement](https://www.keytlaw.com/oa/partnership-tax-audit-agreement/)” in which I have quotes from **36** tax lawyers with links to their articles in which they all say that entities taxed as partnerships must amend their Operating Agreements to add language that deals with the new partnership audit rules. I could have added many more tax lawyers to my list of the **36** tax lawyers who recommend amending the LLC’s Operating Agreement, but I stopped adding them on April 18, 2018, because everybody gets the message that all partnership tax lawyers recommend that **ALL** entities taxed as a partnership adopt contractual provisions that deal with the new audit rules. Because the new partnership tax audit rules do not have anything to do with governing the LLC, which is the purpose of an Operating Agreement, I recommend that LLCs adopt a separate agreement, a Tax Audit Agreement, that contains provisions dealing with the new partnership audit rules rather than amending the LLC’s Operating Agreement to add that language. ## **Major Problems for LLCs that Do Not Have a Tax Audit Agreement & Why You Should Never Be an LLC’s Partnership Representative Unless It Has a Tax Audit Agreement that Protects You** Congratulations!! You are named as your LLC’s partnership representative. For the reasons I list below, you should never accept the job of partnership representative unless the members of the LLC have signed a Tax Audit Agreement that contains provisions that reduce or eliminate your liabilities that arise from being the partnership representative. If you are your LLC’s partnership representative you may asking for trouble. As the partnership representative you may agree with the IRS that the LLC must pay additional taxes, penalties and interest and then get sued by one or more members who believe that if you had done your job of representing the LLC properly you would have convinced the IRS that some or all of the additional taxes are not actually owed. For example, if, as a result of you agreeing with the IRS that the LLC owes back taxes of $40,000, which causes Homer Simpson a 50% member to become obligated to pay $20,000, Homer could sue you for negligence in defending the LLC. If Homer can prove in court that the LLC actually did not owe the taxes you would be liable to Homer for the damage your negligence caused. The Tax Audit Agreement should require the partnership representative to call a meeting of all members to discuss any prospective agreements with the IRS and give the members the right to vote to approve or disapprove the proposed agreements. When the partnership representative later obligates the LLC to pay additional taxes, penalties and interest the partnership representative will not be liable to any member as a result of the partnership representative taking the action approved by the members. If the partnership representative agrees with the IRS that the LLC owes additional taxes, penalties and interest without the approval of the members, one or more members may object and sue the partnership representative. If the LLC has not agreed in writing to indemnify the partnership representative if he/she/it gets sued, the partnership representative will have to use his/her/its funds to defend the lawsuit and pay any damages if the partnership representative loses the lawsuit. **Bottom line**: Never, ever agree to be an LLC’s partnership representative unless you first enter into a contract with the LLC that obligates the LLC to indemnify you for any loss or expense you pay or incur as a result of being the partnership representative. Note also: If the LLC does not have the resources to indemnify you then do not agree to be its partnership representative. As the partnership representative you may incur expenses in hiring a tax professional to defend an audit. You do not want to be personally liable to pay these types of expenses. If the LLC is audited the partnership representative may be required to invest a lot of time dealing with the IRS and the LLC’s tax professional. Should the partnership representative be compensated for the time he or she spends dealing with an audit? I think so. The Tax Audit Agreement should also require the LLC to pay the partnership representative’s expenses and pay the partnership representative for the time spend on an audit. I recommend the agreement state an hourly rate payable to the partnership representative for the time spent on an audit. ABC, LLC, was audited for tax year 2018 during which it had two members, Homer Simpson (90%) and Ned Flanders (10%). The LLC did not elect out of the new partnership audit rules. Ned acquires Homer’s 90% in 2019. In 2022 the IRS audits the LLC for its 2018 tax year. The audit resulted in the LLC owing an additional $10,000 in federal income taxes. Because Homer is not a member of the LLC in 2022 the entire $10,000 comes out of Ned’s pocket. Ned and Homer should have adopted a Tax Audit Agreement that provided that if a member of the LLC ceases to be a member and the LLC is audited for a tax year during which the former member was a member, the former member will pay his/her/its prorata share of the additional taxes, penalties and interest. If Ned and Homer had signed my Tax Audit Agreement Homer would be liable for $9,000 and Ned would be liable for $1,000. Bottom line: Your LLC needs a Tax Audit Agreement to prevent the inequity that could arise if the LLC is audited for a tax year and one or more members of the LLC during that tax year are not members when the IRS conducts the audit. If your LLC is taxed as a partnership it must name a partnership representative on its federal income tax return, IRS form 1065, **EVERY** tax year. The partnership representative does not have to be the same person every year. The partnership representative can be a member of the LLC, but does not have to be a member, but he or she must have a substantial presence in the U.S. The partnership representative is the only person who can deal with and interact with the IRS if it audits a tax year. Who the LLC names as its partnership representative is a very important decision that should not be left to the whim of one member or nobody. The partnership representative is the only person who can interact with the IRS if the LLC is audited. The partnership representative has the power to agree with the IRS that the LLC owes additional taxes, penalties and interest. Because the partnership representative is such an important position all of the members should agree on who the LLC’s partnership representative should be each tax year. Because the partnership representative does not have to be a member or manager of the LLC the members may want to nominate the LLC’s tax preparer or attorney. **Bottom line**: The members should carefully consider who the LLC’s partnership representative should be and then vote on whether to nominate that person. If your LLC fails to name a partnership representative on a tax return for a tax year the IRS can name the LLC’s partnership representative who can be a person who has nothing to do with the LLC. Trust me! You do not want the IRS to name a person who can cause the LLC to become liable for additional federal income taxes arising from an IRS audit. What do you think will happen if the IRS audits your LLC’s tax return and claims the LLC owes an additional $40,000 i income taxes for a year the IRS named the LLC’s partnership representative? Will the person the IRS named as the LLC’s partnership representative fight the assessment or agree that the money is owed and obligate the LLC to pay the $40,000 plus any penalties and interest? To avoid the IRS naming your LLC’s partnership representative your LLC must do two things: 1. Nominate a willing person to be the LLC’s partnership representative, and 2. Name that person as the LLC’s partnership representative on the LLC’s tax return, IRS form 1965, every tax year. An LLC may elect out of the new partnership audit rules if the LLC does not have an ineligible member. The significance of electing out of the new partnership audit rules is that instead of a single audit of the LLC’s tax return the IRS will audit each member. As a tax lawyer, I do not recommend that an LLC elect out of the new partnership audit rules because a single audit is better for the members than multiple individual audits. **Electing Out Hypothetical**: ABC, LLC, has four members. It elects out of the new partnership audit rules for 2018. The IRS audits each of the four members who hire a tax professional to defend them. Each member pays their tax professional $10,000 over the life of the audit. Total professional fees of the four members is $40,000. Two professionals convince the IRS that no back taxes are owed for 2018. The other two audits result in the members paying additional taxes for 2018 of $20,000 each. **Not Electing Out Hypothetical**: XYX, LLC, has four members. It does not elect out of the new partnership audit rules for 2018. The IRS audits the LLC’s tax return. The LLC hires a tax professional to defend the LLC and pays the tax professional $10,000. The cost to each member for the audit is $2,500 rather than $10,000. The results of the tax audit will apply indirectly to all the members because if money is owed, the LLC will be liable to pay the additional taxes, penalties and interest unless it “pushes the payment out” to the members. **Bottom Line**: By not electing out the member’s save a substantial amount on the cost to defend the audit and there is one result rather than the possibility of some members owning more money and others owing less money or no money. To elect out of the new partnership audit rules for a tax year the LLC must satisfy all of the following requirements during all of the tax year to which the election out applies: - The LLC must have less than 100 members. - All of the members must be eligible members. An eligible member is an individual, an entity taxed as a C corporation, an “eligible foreign entity,” an entity taxed as an S corporation, or an estate of a deceased member. An entity taxed as an S corporation is an eligible member if it has a shareholder or member who holds an interest directly and would not be an eligible member himself or herself. An eligible foreign entity is a foreign entity that is a per se corporation under Regulation Section 301.7701-2 or an association taxable as a corporation (either by default or due to an election under Regulation Section 301.7701-3). **When the LLC May Not Elect Out of the New Partnership Audit Rules** If any member is one of the following at any time during a tax year the LLC is not eligible to elect out of the new audit rules for that tax year: - an entity taxed as a partnership, - a trust, - a disregarded entity such as a disregarded limited liability company taxed as a sole proprietorship, - a nominee or other similar person that holds an interest on behalf of another person, - a foreign entity that is not an eligible foreign entity, and - an estate that is not the estate of a deceased member. Electing out or not electing out! That is the question. Unless you have language in your Operating Agreement or in a separate Tax Audit Agreement that specifies who has the authority to elect out or not elect out the members of your LLC are asking for trouble. Here are the options as to who can make the decision to elect out or not elect out of the new partnership audit rules EVERY tax year: - nobody because there is nothing in writing that states who can make the decision. - any member because there is nothing in writing that states who can make the decision. - any manager because there is nothing in writing that states who can make the decision. - a majority of the members because there is nothing in writing that states who can make the decision. - all of the members because there is nothing in writing that states who can make the decision. - a majority of the managers if the LLC has more than one manager because there is nothing in writing that states who can make the decision. - all of the managers if the LLC has more than one manager because there is nothing in writing that states who can make the decision. - the LLC’s tax preparer because there is nothing in writing that states who can make the decision. Given that electing out or not electing out is a decision that can have monetary implications to the LLC and all of its members I recommend that the members of all LLCs state in their Tax Audit Agreement which way the LLC will go each year. My Tax Audit Agreement states the Company will never elect out or always elect out with respect to years during which the LLC is eligible to elect out. The members also have the ability each year to change their minds for a specific year or all future years. ABC, LLC, was audited for tax year 2018 during which it had two members, Homer Simpson (90%) and Ned Flanders (10%). The LLC did not elect out of the new partnership audit rules. The audit resulted in the LLC owing an additional $10,000 in federal income taxes. Unless the LLC takes appropriate action to “push out” the tax liability to the two members, the LLC must pay the $10,000. If the additional tax is not pushed out to the members the following problems may arise: - The LLC may not have the funds to pay all of the additional taxes. - If the LLC does not have the funds neither member is obligated to pay his percentage of the total tax to the LLC so it can pay the taxes. - The IRS may garnish the LLC’s bank account. This is another example of why all LLCs need a Tax Audit Agreement. The members should have agreed in their Tax Audit Agreement in advance of filing the tax return for the audited year to one of the following: - If additional taxes are owed the LLC will pay, but if it does not have sufficient funds each member will pay to the LLC the member’s share of the amount needed to pay the tax. The additional taxes paid by the LLC will allocated 90% to Homer and 10% to Ned rather than 50% to Homer and 50% to Ned. The result is that each member bears the member’s proportionate share of the additional tax liability. - If additional taxes are owed the liability will be pushed out to the members which would cause Homer to pay 90% of the taxes and Ned to pay 10% of the taxes. Again, the result is that each member bears the member’s proportionate share of the additional tax liability. **Questions?** If you have any questions call me, Richard Keyt, at my direct phone number 480-664-7478. --- ### [Disclaimers](https://www.keytlaw.com/disclaimers/) **Published:** February 7, 2019 **Author:** Richard Keyt **Content:** ## Disclaimers Effective February 7, 2019 This website is created and owned by attorneys in the law firm of KEYTLaw, LLC, an Arizona limited liability company. KEYTLaw’s attorneys are [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/) (the father who is licensed to practice law in Arizona) and [Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) (the son who is licensed to practice law in Arizona and California). KEYTLaw, LLC is located at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258. The information on this website is intended to be informational. Viewing information on our websites does not create an attorney / client relationship nor is it legal advice for a specific legal matter. This website and the firm’s other websites are governed by the Arizona Rules of Professional Conduct for lawyers. This website does not seek professional employment with respect to legal matters in any jurisdictions other than Arizona or in any state where this web site would not comply with applicable requirements concerning advertisements and solicitations. We intend to make every attempt to keep this information current. 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You should not rely on any information on any page on this website without first consulting a qualified attorney. **Third Party Links**. This website may contain links to third-party web sites. These links are provided solely for convenience and reference. The law firm of KEYTLaw, LLC, and its individual attorneys are not responsible for, nor do they guarantee, control or monitor, the accuracy of any information on any third-party websites to which this website links. Links provided on this website should not be construed as a recommendation or endorsement by the law firm of KEYTLaw, LLC, or any of its individual attorneys of any product, service or information offered on the linked site. **Contact Disclaimer**. Information communicated through this website is not confidential and will not be protected under the attorney-client privilege. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. **Testimonial Disclaimer**. Testimonials or endorsements found on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. --- ### [Thanks for Submitting Our Trust Agreement Modification Questionnaire](https://www.keytlaw.com/trust-thanks/) **Published:** May 19, 2019 **Author:** Richard Keyt **Content:** ## Thanks for Submitting Our Trust Amendment Questionnaire Thanks for submitting the questionnaire. Check your inbox for an email message we just sent to you that contains all the information you submitted. If you don’t see the message in your inbox, check your spam folder. Please review the questionnaire you submitted for accuracy. If you want to change any information in the Questionnaire hit the reply button, mark the changes in your reply and send the revised questionnaire to us. If you haven’t paid for your trust amendment, go to our [secure online payment page](https://keytlaw.infusionsoft.com/app/orderForms/amend-trust) and pay for your amendment or call our legal assistant at 480-664-7846. We will prepare your trust amendment in two or three business days and email the agreement to you as an Adobe pdf attachment. Richard C. Keyt Direct phone: 480-664-7472 Email: rck@keytlaw.com --- ### [Thanks for Hiring Us](https://www.keytlaw.com/thanks-foreign-corp/) **Published:** February 7, 2020 **Author:** Richard Keyt **Content:** # Thanks for Hiring Us We just sent an email message to the email address in the Corporation’s Application for Authority to Do Business in Arizona Questionnaire. If you don’t see the message in your in box check your spam folder. The message contains the information you submitted in the questionnaire. Please review the message for accuracy. If any information is incorrect, hit the reply icon and then enter text in red or yellow that corrects the mistake and send us the revised questionnaire. If you have any questions, call or email me. Richard C. Keyt 480-664-7472 rck@keytlaw.com --- ### [Corporation's Application to Do Business in AZ Questionnaire](https://www.keytlaw.com/aaq/) **Published:** February 6, 2020 **Author:** Richard Keyt **Content:** # Corporation's Application to Do Business in Arizona Questionnaire Complete and submit the below questionnaire to hire Arizona corporate attorneys Richard Keyt and his son former CPA Richard C. Keyt to prepare and file an Application for Authority to Transact Business or Conduct Affairs in Arizona with the Arizona Corporation Commission so the corporation will be able to do business in Arizona. "\*" indicates required fields Date\* Corporation's Exact Name Stated in Its Articles of Incorporation\* Enter the Corporation’s exact name. Corporation's Arizona Name Check\* Before completing this Agreement, check the [ACC’s Name Availability Database](https://ecorp.azcc.gov/EntitySearch/Index) to determine if your corporation’s exact name is used by an Arizona entity or registered as a trade name with the Arizona Secretary of State. On the ACC’s search page enter your corporation’s name in the entity name field then click on the icon on the bottom line that says “Name Availability Check.” Include the ending Inc. or Corporation, etc. in the entity name field.If the exact name of your corporation is used in Arizona by another entity or is registered as a trade name with the Arizona Secretary of State, your corporation cannot register to do business or conduct affairs in Arizona under its actual name. Instead, the corporation must use a fictitious name in Arizona and deliver to the ACC a copy of a resolution of the members of the corporation authorizing the corporation to transact business in Arizona using the fictitious name. To learn how to get an Arizona trade name [watch our video](https://youtu.be/ydgtE1KwxWI). If your corporation needs us to prepare a resolution of the directors that authorizes the corporation to do business in Arizona under the fictitious name for $195 select the radio button in the section below entitled “Services KEYTLaw Is Hired to Provide.” Is the Corporation Required to Use a Fictitious Name in Arizona?\* Yes No What Fictitious Name Will the Corporation Use in Arizona?\* ### Fees for KEYTLaw's Services $687 to Prepare the Application for Authority to Transact Business in Arizona\* KEYTLaw, LLC, will perform the following legal services for a fixed fee of $687: (1) unlimited telephone consultations with Arizona limited liability company attorney Richard Keyt with respect to questions about registering your corporation to do business in Arizona and related issues, (2) Arizona corporation name review and alternate name advice if needed, (3) prepare the Application for Authority to Transact Business or Conduct Affairs in Arizona, (4) prepare the Arizona Corporation Commission (“ACC”) cover sheet; (5) file the Application for Authority to Transact Business or Conduct Affairs in Arizona with the ACC on an expedited basis; (6) give you a copy of the Application stamped with the ACC’s “received” stamp, (7) give you the approved Application with the ACC “approved” stamp. $210 for the Expedited Filing Fee This is the filing fee we will pay to the Arizona Corporation Commission to file the Application for Authority to Transact Business or Conduct Affairs in Arizona. It is in addition to the $687 for our services. Do You Want KEYTLaw, LLC, to Prepare a Resolution Authorizing a Fictitious Name for $195\* Yes No What is a Statutory Agent?\* The corporation must have an Arizona statutory agent. A statutory agent, often called a “registered agent,” is an individual or a business entity that the corporation appoints in Arizona for the purpose of accepting service of process (lawsuit papers or legal documents) for the corporation. The agent is called a “statutory” agent because a statute requires that the corporation appoint someone for this purpose. If, for example, a lawsuit is filed against the corporation, the statutory agent will be the one who is served (receives the papers on behalf of the corporation), and then the statutory agent should give the papers to the corporation. Note that the law requires that the corporation maintain a statutory agent with a valid address on the records of the Arizona Corporation Commission at all times, and the failure to may cause the Arizona Corporation Commission to revoke the corporation’s authorization to do business in Arizona. Official notices from the Arizona Corporation Commission will be sent to the Arizona statutory agent’s address. Who Can Be a Statutory Agent?\* A statutory agent can be an individual, or an Arizona corporation or LLC, or a foreign corporation or LLC that is authorized to transact business in Arizona. A corporation cannot be its own statutory agent – it must appoint someone apart from itself. For example, the corporation can appoint one of its shareholders or directors in his or her capacity as an individual as the statutory agent, but cannot appoint the corporation itself as the statutory agent. If an individual is appointed as the statutory agent, that individual must be a permanent, full-time resident of the State of Arizona and must have a permanent, full-time physical or street address in the State of Arizona. The mailing address, if any, of that individual statutory agent must also be in Arizona. The statutory agent must accept the appointment in writing. The statutory agent can accept the appointment. If the statutory agent is an entity, an authorized agent of that entity can sign the acceptance. An authorized agent is anyone given authority to sign for that entity. Who Will be the Corporation's Statutory Agent?\* The corporation wants to hire KEYTLaw, LLC, to be its statutory agent for $99/year payable in advance. The corporation has a person or entity in Arizona that will be the corporation’s statutory agent. Statutory Agent's Name\* Statutory Agent's Address\* Street Address Address Line 2 City ZIP Code KEYTLaw, LLC, Statutory Agent Service Agreement\* The corporation agrees to the terms and conditions set forth in the [Statutory Agent Service Agreement](http://www.keytlaw.com/azllclaw/sa-agreement/). Documents to be Submitted to the Arizona Corporation Commission\* When we file the Application for Authority to Transact Business or Conduct Affairs in Arizona with the Arizona Corporation Commission we must include the following documents: 1. Certified copy of the corporation’s original articles of incorporation that is certified by the Secretary of State of the corporation’s state of formation not more than 60 days before its delivery to the Arizona Corporation Commission. 2\. Certified copies of any amendments to the corporation’s original articles of incorporation that are certified by the Secretary of State of the corporation’s state of formation not more than 60 days before delivery to the Arizona Corporation Commission. 3\. A certificate of existence or certificate of good standing or similar document from the Secretary of State of the corporation’s state of formation dated not more than 60 days before its delivery to the Arizona Corporation Commission. You must send us these documents before we can file the Application for Authority to Transact Business or Conduct Affairs in Arizona. Who Will Get the Documents Required to be Filed with the Application?\* The corporation will deliver all the documents required to be filed with the Application to KEYTLaw dated within 60 days of the date KEYTLaw files the Application for Registration with the Arizona Corporation Commission. KEYTLaw, LLC, will get a required documents for an additional $250 plus the state’s document fee of $100. If the document(s) fee exceeds $100 we will bill the corporation for the amount over $100 ### Information about the Corporation In What State was the Corporation Formed?\* Corporation's Incorporation Date?\* Purpose or General Character of Business in Arizona\* Briefly describe the character of business or affairs the corporation initially intends to conduct in Arizona. NOTE that the character of business or affairs that the foreign corporation ultimately conducts is not limited by the description provided. What is the Corporation's Principal Office Address in Its Formation State?\* Street Address Address Line 2 City AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code The principal office address must be a street or physical address and must be in the state or country of incorporation. If the corporation is not required to maintain an address in its state or country of incorporation, then it must provide the street address of its registered agent (agent for service of process) in its state or country of incorporation.The address will be viewable by the public on the internet. Arizona Known Place of Business (KPB)\* The corporation must have a known place of business (KPB) in Arizona. The KPB address must be a street address in Arizona. It can be the same as the Arizona statutory agent’s street address. The KPB is on the public records of the Arizona Corporation Commission. The corporation is required to maintain a valid KPB in the records of the Arizona Corporation Commission at all times, and failure to do so will subject the corporation to being administratively revoked. Do You Want to Purchase Our Address Service for $100/Year?\* Yes No If you want the corporation’s KPB to be our address, select the Yes button below. What is the Corporation's Known Place of Business in Arizona\* Street Address Address Line 2 City AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code Name & Business Address of Every Director\*Director's Name Director's Business Address Add Remove List each and every director of the corporation, giving the name and business address of each director. Note that the addresses will be viewable by the public on the internet. If the corporation has more than one director click on the plus + icon on the right of the last column to add another line. Name & Business Address of Every Officer\*Officer's Name Officer's Address Officer's Title Add Remove List each and every officer of the corporation, giving the name and address of each director. Note that the addresses will be viewable by the public on the internet. If the corporation has more than one officer click on the plus + icon on the right of the last column to add another line. Shares Authorized in the Articles of Incorporation\*Share Class Series Total Shares Authorized Add Remove Separately list all types or classes of shares the corporation is authorized to issue such as common and preferred. The total authorized shares information must match exactly the authorized shares information in the corporation’s original Articles of Incorporation and any amendments thereto. If the corporation’s stock is divided into different series, list the series designation for each class. List the total number of shares of each class. Each class must have a corresponding number in the total field. If the total is unlimited, then write the word unlimited in the total field for that class. If the corporation has more than one class of shares click on the plus + icon on the right of the last column to add another line. Number of Shares Actually Issued\*Share Class Series Total Shares Issued Add Remove Do not leave this question blank, even if no shares have been issued. Each class of shares listed as authorized shares in the preceding question must also be listed in this question. List the series of each class, if applicable. Each class must have a number in the total field. If no shares of that class have been issued, the number in the corresponding total field should be zero. Name & Title of the Person Who WIll Sign the Application\*Signer's Name Signer's Title Add Remove Is the signer a director, president, vice president, secretary or treasurer of the corporation? ### Miscellaneous Information Who is the Corporation's Contact Person?\* Name of the person Richard Keyt or his legal assistant should contact if they have any questions. Contact Person's Phone\* Contact's Person's Email? We Will Email This Questionnaire to This Email Address\* Enter Email Confirm Email Contact's Person's Address\* Street Address Address Line 2 City AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code Where do we mail correspondence for the contact person? Do You Have Any Additional Information for Us? Yes No Do you need another field to enter any additional information you want us to know? Additional Information\* In the field above type any additional information you want Richard Keyt to know. ### We will Email This Agreement to the Contact Person Named Above ### Summary of the Fees You Owe KEYTLaw, LLC Legal Fee to Prepare the Application for Authority to Transact Business in Arizona\* Price: Fee to File the Application for Authority to Do Business\* Price: Statutory Agent Service for One Year\* Price: Prepare a Director's Resolution Authorizing Fictitious Name for the Corporation\* Price: KEYTLaw's Address Service\* Price: Hire KEYTLaw to Obtain a Certified Articles of Incorporation & a Certificate of Good Standing\* Price: Total Amount Due KEYTLaw, LLC Now How to Pay KEYTLaw, LLC\* Go to our [secure order page](https://secure.lawpay.com/pages/keytlaw/operating) to pay KEYTLaw, LLC, with your major credit card. You may also call our legal assistant at 480-664-7846 and give her your credit card information. The entire amount you pay KEYTLaw, LLC, for fees and costs is nonrefundable, but you may nevertheless discharge KEYTLaw, LLC, and Richard Keyt at any time and in that event you may be entitled to a refund of all or part of the fee based upon the value of the representation. The person who pays our fees and costs by credit card confirms that the company that issued the credit card allows charges for future services, costs and expenses. ### End of Agreement You are done. Click the Submit button below to send your Agreement to Arizona corporate attorney Richard Keyt and a copy to the corporation’s contact person. Submit Questionnaire Save and Continue Later --- ### [Thanks for Making an Appointment with Richard C. Keyt](https://www.keytlaw.com/thanksrck/) **Published:** March 24, 2020 **Author:** Richard Keyt **Content:** # Thanks for Your Signature Thanks for making an appointment with Richard C. Keyt. Our system just sent or will very soon send you a text message and an email message to confirm your appointment. I look forward to our meeting. Richard C. Keyt Direct phone: 480-664-7472 rck@keytlaw.com --- ### [Your DocuSign Signature](https://www.keytlaw.com/docusign/) **Published:** March 29, 2020 **Author:** Richard Keyt **Content:** # Your DocuSign Signature Thanks for using DocuSign to sign the document(s) we sent you. DocuSign will send you an email with a pdf copy of the signed document(s): - immediately if you are the only signer. - as soon as all signers have signed the document(s) if the document(s) have multiple signers. Save the pdf of the fully signed document in a safe place. Richard Keyt 480-664-7478 rk@keytlaw.com --- ### [Address Change Form](https://www.keytlaw.com/address/) **Published:** May 2, 2021 **Author:** Richard Keyt **Content:** If the mailing address for your company on the invoice we sent you is incorrect, please complete the address change form below so we can update your information. Your Name(Required) First Last Your Phone Number(Required) Your Primary Email Address(Required) Enter Email Confirm Email Name(s) of Your Companies(Required) Enter the name(s) of all companies that need updated mailing addresses. 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Spell the entire name of the state. Submit \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Noah Bernstein](https://www.keytlaw.com/noah-bernstein/) **Published:** September 24, 2025 **Author:** Richard Keyt **Content:** ## Noah Bernstein LLC & Nonprofit Corporation Legal Assistant ![Noah Brenstein](https://www.keytlaw.com/wp-content/uploads/2023/08/nb.jpg "nb - KEYTLaw") [ Call: 480-605-2391 ](#) [ Email: noah@keytlaw.com ](mailto:noah@keytlaw.com) Noah Bernstein is the limited liability company amendment and nonprofit corporation legal assistant for Richard Keyt and Richard C. Keyt. Noah graduated from the University of Arizona with a Bachelor of Science in Finance and joined the KEYTLaw team in May 2023. He likes investing, playing golf, and working out. **Contact Information:** Direct Phone: 480-605-2391 Email Address: noah@keytlaw.com **Mailing Address:** KEYTLaw, L.L.C. 7373 E. Doubletree Ranch Road, Suite 135 Scottsdale, AZ 85258 **Education:** - University of Arizona, B.S., 2023 --- ### [riArizona Living Trust Benefits: Why You Need One | KEYTLaw](https://www.keytlaw.com/arizona-living-trust-benefits/) **Published:** September 25, 2025 **Author:** Richard Keyt **Content:** ## Protect Your Legacy: Why Your Family Needs a Revocable Living Trust 2026 ## We Want to Prepare Your Custom Estate Plan that Protects Your Loved Ones By Arizona estate planning attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) and his son [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare your custom estate plan with a revocable living trust that protects your most valuable assets – your loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![trust-benefits](https://www.keytlaw.com/wp-content/uploads/2026/03/trust-reasons-1024x559.png "trust-reasons - KEYTLaw") ## Benefits of a Revocable Living Trust ### 1. A Trust is the Best Tool to Protect You and Your Loved Ones from Your Death or Incapacity The primary and most important reasons to have a revocable living trust are: (1) it names a trusted person to manage your trust’s assets if you lose your mental capacity, (2) you, not your state of residence, designate in your trust agreement who inherits your trust’s assets if you die or if you and your spouse die if you are married, (3) it can create an irrevocable asset protected trust for your future beneficiaries that protects their inheritance from their creditors, ex-spouses and bankruptcy courts, (4) it names a trusted person or two people to be the successor trustee(s) to manage the trust’s assets if you die or if both you and your spouse die if you are married, (5) the trust agreement can name alternate beneficiaries to inherit assets if a primary beneficiary dies before you, (6) trust assets avoid an expensive, public and time-consuming Superior Court probate (we charge $5,000 for a simple uncontested Arizona Superior Court probate), and (7) you can amend your trust when things in your life change so your always does what you want. ### **2. A Trust Avoids the Public Superior Court Probate Money Pit** In Arizona, if your Arizona real estate exceeds **$300,000** or your personal property exceeds **$200,000**, your estate is headed for a public Superior Court probate. The purpose of a probate is to pay the expenses of the deceased and transfer the deceased’s assets to the heirs. In Arizona, probate isn’t just a “process”—it’s a financial predator. Between court filing fees, mandatory legal notices, and attorney fees, the system is designed to shave 3% to 8% off the top of your estate. For a modest $500,000 home, you are essentially writing a $25,000 check to the legal system that could have gone to your loved ones. We charge $5,000 for a simple uncontested probate, and it takes a minimum of five months. We had a client who wasted $125,000 in attorneys’ fees litigating over who would be the personal representative in a probate. **Assets in the trust avoid probate and pass immediately to the heirs named in the Trust Agreement.** ### **3. Trusts Avoid the Nightmare & Costs of a Court-Ordered Conservatorship** Most people fear death, but they should also fear loss of their mental capacity more. If you suffer a stroke or dementia or lose your mental capacity and don’t have a trust, your family must go to court and ask an Arizona judge to declare you “incapacitated” and appoint somebody (called a conservator) who has the power to manage your financial affairs. The conservator could be somebody you would not want to have power over your assets. This process can be expensive. It requires an annual court accounting and a judge’s permission to spend your own money on your care. If your assets are in your trust and you lose your mental capacity, the co-trustee or the successor trustee named in your Trust Agreement has the power to manage the trust’s assets for your benefit. ### 4. Trusts Prevent Your Assets & Heirs from Becoming Part of the Public Probate Court Records When a Will is probated in Arizona, your assets and heirs are included in a public document. Anyone—nosey neighbors, predatory “creditor” scammers, or estranged relatives—can go online and see exactly what you owned, who you owed, and who your heirs are. A living trust keeps your financial life where it belongs: behind closed doors. Trust assets and beneficiaries are private. ### **5. Trusts Avoid the 9-Month Freeze: Leaving Your Family in Financial Limbo** Probate in Arizona is rarely a “quick” process; even “simple” cases often drag on for nine to eighteen months. During this time, your bank accounts and assets may be frozen. Imagine your spouse being unable to pay the mortgage or your children’s tuition because your assets are locked in a court-mandated probate waiting room. A trust allows for **instant** access; a Will guarantees a delay. ### **6. Trusts Can Avoid Accidental Disinheritance in Blended Families** If you have children from someone who is not your spouse, your assets that are not in a trust is a recipe for disaster. You have effectively placed your children’s future in your spouse’s hands. If your spouse remarries or simply changes his or her mind after you’re gone, your biological children could be legally disinherited. A trust is the only way to lock in your children’s inheritance so no one can “erase” them after you’re gone. ### **7. The Young Heir Windfall: Funding a Disaster** Without a trust, Arizona law requires that your children receive their entire inheritance the moment they turn 18. Handing a young person a lot of assets is rarely a good idea. A trust allows your successor trustee to hold the child’s inherited assets, which is a “hand from the grave,” ensuring the money is used for education and basic needs rather than being blown by the youngster on fast cars and bad influences. ### **8. Avoid Ancillary Probate: The Double-Court Nightmare** Do you own real estate outside of Arizona? Without a trust, your family will have to endure a **separate ancillary probate in every state in which you own land, plus one for your** Arizona real estate. That means multiple probate lawyers, multiple court fees, and additional delays. This “ancillary probate” reality is a logistical and financial nightmare that could be easily avoided by holding all your real estate in a trust. ### **9. The Special Needs Trap: Accidentally Ending Government Benefits** If you leave an inheritance directly to a loved one with special needs, that would instantly disqualify the special needs person from receiving vital government benefits like AHCCCS, SSI, or Medicaid. They will be forced to “spend down” your hard-earned legacy on basic care until they are impoverished again. A trust protects their quality of life without jeopardizing their safety net. Our trust agreements contain language that if a future beneficiary is or becomes a special needs person, then that person’s trust will automatically become a special needs trust, so he or she does not lose any government benefits. **10. The Litigation Magnet: Why Wills Invite Lawsuits** Wills are surprisingly easy to contest in Arizona. Because the probate process requires notifying all “interested parties,” it practically invites disgruntled relatives to file a lawsuit. Trusts are difficult to overturn because they are private, ongoing entities that you managed while you were alive, making “undue influence” claims much more difficult to prove. ### **11. The Spendthrift Risk: a Trust Can Protect Your Heirs’ Inheritance from Creditors, Ex-spouses & Bankruptcy** Even if your children are adults, they may face lawsuits, bankruptcies, or messy divorces that could cause a loss of their inherited assets. If your loved ones inherit your assets in any way other than by a trust with a spendthrift clause, those assets are “fair game” for their creditors because the heir owns the inherited assets. A revocable living trust with a “spendthrift” clause creates a legal fortress around the inheritance, ensuring the money stays in the family and out of the hands of debt collectors or ex-spouses. Because your loved ones’ heirs’ inherited assets are retained in the trust, the heirs’ creditors, ex-spouses, and bankruptcy court cannot reach the assets because the loved ones don’t legally own the inherited assets. ### **12. Who Will Run Your Business If You Die or Become Mentally Incapacitated?** If you are a business owner, your sudden death or incapacity could paralyze your company. Without a trust, no one may have the legal authority to sign payroll, negotiate contracts, or manage employees until a judge appoints a personal representative in a probate. By the time the court acts, your business could be dead, its value evaporated, and your employees gone. If your trust owns your business and you die or lose your mental capacity, your co-trustee or successor trustee has the power to run the business ### **13. The Intestacy Lottery: Your State of Residence, Not You, Determines Who Inherits Your Assets** If you die without a Will or a trust, the law of your state of residence provides who inherits your assets. The state doesn’t care about your “black sheep” sibling, your favorite charity, or your lifelong partner. The state doesn’t care if you haven’t spoken to your child in 20 years or if you want to disinherit a family member. Your state’s law of intestate succession follows a cold, rigid formula that often results in assets going to people you do not want to inherit your assets. **Arizona residents: To learn who will inherit your assets if you die without a will or a trust, see my article** called “[Who Inherits Your Property If You Die without a Will or a Trust](https://www.arizona-wills.com/intestate-succession/)” and take my short online quiz called “[Who Inherits Your Property](https://www.arizona-wills.com/inherits/).” ### **14. Real Estate Titling Traps: The “Joint Tenancy” Delusion** Thinking of “just adding your child to the deed to your home” to avoid probate? You just handed your child’s creditors a lien on your house. If your child gets into a car accident or files for divorce, **your home is now an asset that your child’s creditors can get**. What you should do is transfer your home to your trust now or on your death or the death of both spouses if you are married. This avoids the potential problems that could arise if your child were on the deed to your home now. ### **15. The “Pet Orphan” Crisis** Under Arizona law, your pets are just “tangible personal property”—no different than a toaster. If you don’t have a trust with specific instructions naming their caregiver and funding for their care, your pets could be dumped at a kill shelter while your heirs argue over your jewelry. A trust ensures your “furry family” is never treated like garbage. It ensures your pets are cared for by the people you trust with the funds they need. **16. Divorce-Proofing Your Children’s Inheritance** Statistically, about half of marriages end in divorce. If your child inherits money from your Will and deposits it into a joint account with their spouse, that money becomes “community property.” If they later divorce, your hard-earned legacy could be handed over to an ex-son-in-law or ex-daughter-in-law. A trust keeps the inherited assets as “separate property,” protecting it from a failed marriage. ### **17. Immediate Peace of Mind: The “What-If” Stress** Living without a trust is like driving without insurance—you’re fine until you’re not. The constant, underlying stress of knowing your family is unprotected is a heavy burden. Living with the knowledge that your family is one accident away from a legal nightmare creates a constant, low-level “background radiation” of stress. A living trust is the only document that provides a comprehensive, “turn-key” solution for both life and death, allowing you to sleep at night knowing your estate plan is in place. ### **18. The Cost of Doing Nothing** The final “scare” is the math. You might save a few thousand dollars today by skipping a trust, but you are effectively “billing” your family tens of thousands of dollars in future probate costs, taxes, and legal fees. Failing to plan isn’t just a mistake—it’s a massive, unpayable debt you are leaving for your grieving family to settle. Don’t make your last act on earth a massive, avoidable financial burden for the people you love most. ## Protect Your Loved Ones' Future Before Its too Late Don’t leave your loved one’s future to chance. A revocable living trust offers unparalleled benefits, especially for married couples with minor children. Contact one of us today to schedule your free consultation and take the first step toward securing your family’s legacy. Go to [our online calendar](https://www.keytlaw.com/calendar) to schedule a free office, phone, or Zoom video meeting to get answers to your questions and design your custom estate plan. We want to create your estate plan with a revocable living trust that safeguards your loved one’s financial security and legacy. You can also call Richard Keyt (the father) at 480-664-7478 or his son, Richard C. Keyt, at 480-664-7472. ## 36 Documents & Services in Our Custom Estate Plan **We doubt you will find an estate planning attorney whose estate plan includes as many documents and services as we provide.** Look at other estate planning lawyers’ websites, and they usually don’t tell you what you get if you hire them or the fees they charge. We don’t hide the ball. See our estate plan fees and the [36 documents and services](https://www.keytlaw.com/ep-contents) in our custom estate plan with a revocable living trust. [ Book a Free Estate Planning Meeting ](https://www.keytlaw.com/calendar) The first step to protect your assets and ensure they go to your desired heir(s) is to book a free office, phone or Zoom video consultation with one of our estate planning attorneys. During this no-obligation meeting, they will answer your questions and design your custom estate plan. ### Call, email or text Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call, email or text Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [How to Be Notified of the Filing of an Arizona Probate](https://www.keytlaw.com/probate-notice/) **Published:** March 15, 2025 **Author:** Richard Keyt **Content:** If your loved one who resided in Arizona died or if you are a creditor of an Arizona resident who died and you are concerned that a probate may be opened without your knowledge, then you should file a demand for notice of probate with the superior court of the county in which the person resided. People may also file the notice before the person dies. By filing a demand for notice, the filer is also entitled to receive notices of all filings made with the court and court orders. Arizona Revised Statutes Section 14-3204 explains how to file a demand for notice of a probate with the court. It states: > Any person desiring notice of any order or filing pertaining to a decedent’s estate in which he has a financial or property interest may file a demand for notice with the court at any time after the death of the decedent stating the name of the decedent, the nature of his interest in the estate and the demandant’s address or that of his attorney. The demandant shall mail a copy of the demand to the personal representative if one has been appointed. After filing of a demand, no order or filing to which the demand relates shall be made or accepted without notice as prescribed in [section 14-1401](http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/14/01401.htm&Title=14&DocType=ARS) to the demandant or his attorney. The validity of an order which is issued or filing which is accepted without compliance with this requirement shall not be affected by the error, but the petitioner receiving the order or the person making the filing may be liable for any damage caused by the absence of notice. The requirement of notice arising from a demand under this provision may be waived in writing by the demandant and shall cease upon the termination of his interest in the estate. **County Demand for Notice of Probate Forms and Instructions** - [Maricopa County](http://www.superiorcourt.maricopa.gov/sscDocs/pdf/pb19f.pdf) - Pima County [Demand for Notice](http://www.sc.pima.gov/SC_Web/Portals/0/Library/demand_for_notice.pdf) and [Instructions](http://www.sc.pima.gov/?tabid=252) --- ### [Wills, Trusts & Estate Planning Services](https://www.keytlaw.com/ep-services/) **Published:** March 22, 2025 **Author:** Richard Keyt **Content:** ## Wills, Trusts & Estate Planning Services ## **Buy an Estate Plan with a Revocable Living Trust** If you are an Arizona resident, [take our test](https://www.arizona-wills.com/inherits/) to learn who will inherit your assets if you die without a will or a trust. Arizona residents should learn [Who Gets My Property If I Die Without A Will Or Trust?](https://www.arizona-wills.com/intestate-succession/) - **Step 1 Wills, Trusts & Estate Plan Contents**: To protect your most valuable assets—your loved ones—read about the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan or watch [our video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). - **Step 2 Book a Free Meeting**: Book a free no-obligation office, phone, or Zoom video meeting with one of our estate planning lawyers to get answers to your questions and design your custom estate plan. To book a free meeting, visit the Keyt’s [online calendar](https://www.keytlaw.com/calendar) or call our estate planning legal assistant, Michelle Watkins, at 480-664-7413. We will answer your questions during this meeting and work with you to design your estate plan. - **Step 3 Submit Our Online Estate Plan Questionnaire**: Before your free meeting with a KEYTLaw, LLC, attorney, please complete and submit our [Estate Plan Questionnaire](https://www.keytlaw.com/epq/) so he has time to understand your situation before the meeting. You must create a username and password to access our secure online questionnaire. Submitting the Questionnaire helps us design an estate plan that meets your goals. You can optionally enter information about your assets and download an Excel spreadsheet that lists all of your assets that you can use to transfer assets to your trust, or we can use the list if you hire us to transfer assets to your trust. All information you enter will be strictly confidential. The more of the Questionnaire you complete, the better, but please don’t get stuck if there is something you aren’t sure of. If you don’t know how to answer a question, skip the question. You can always go back and fill in more of the information or make corrections later. - **Step 4 If you want to hire us to transfer some or all of your assets to your trust, Submit our Trust Funding Questionnaire**: After you sign your trust, you must (1) transfer your assets to your trust yourself or (2) hire us to transfer your assets to your trust. See our [Trust Funding Questionnaire](https://arizona-wills.com/tfq) if you want to hire us to do some or all of your funding. - **Comprehensive Estate Plan** **Fee**: ($3,497 for a single person or $4,497 for a couple) that includes a revocable living trust. People who bought a Gold LLC from us within the last 120 days get a $1,000 discount off the price of the estate plan. - [Asset Inventory](https://app.decisionvault.com/open/keytlaw/yourlistofassets) – Complete our online asset list to make a downloadable Excel spreadsheet that lists all of the assets you can use to fund your trust. You can give this spreadsheet to your loved ones so your heirs know what you own and where to find your assets if you die. This asset list is not for us. It’s for you and the person or people you want to know what assets you own and where to find them if you die. ## **Amend a KEYTLaw Estate Plan Trust or any Ancillary Document** If we prepared your trust and other estate plan documents, and you want to amend the trust or any other estate plan documents, complete and submit our [Questionnaire to Update Your Trust Agreement & Estate Plan Ancillary Documents](https://www.keytlaw.com/aq/). ## **Purchase a Trust Agreement without any other Documents** To buy a new or amended and restated trust agreement, a certification of trust, and our article “Funding Your Trust A to Z” complete and submit our Revocable Living [Trust Agreement Questionnaire](https://www.keytlaw.com/trust-agreement/). ## **Amend a KEYTLaw Confidential Trust** If you want to amend the confidential trust we prepared for you when you hired us to form a Gold LLC for $347, complete and submit our [Confidential Trust Amendment questionnaire](https://www.arizona-wills.com/ctq/). ## **Our Beneficiary Controlled Asset Protected Trust** If you want to give any valuable assets to a child or loved one **now** rather than after you die, then you should hire us to prepare a beneficiary-controlled asset-protected trust (a BCAPT) so your child or loved one will be protected from his or her current and future creditors, current and future ex-spouses and a bankruptcy court, none of whom will be able to get any assets held in the trust. To learn more about these asset-protected trusts, see our article “[Beneficiary Controlled Asset Protected Trusts](https://www.arizona-wills.com/apt/).” To hire us to draft a BCAPT, complete and submit our [BCAPT questionnaire](https://www.arizona-wills.com/bcaptq/). P.S. The trust we prepare when hired to do an estate plan gives you an option to buy a BCAPT for each person who becomes a future trust beneficiary after the death of a sole initial trustee/beneficiary or the death of the second spouse when we do a joint trust. --- ### [Peoria, AZ](https://www.keytlaw.com/peoria-az/) **Published:** February 21, 2025 **Author:** Richard Keyt **Content:** Peoria, Arizona, northwest of Phoenix, is a thriving city blending suburban comfort with outdoor recreation. Spanning Maricopa and Yavapai counties, it features stunning desert landscapes, scenic trails, and Lake Pleasant, a top spot for boating and fishing. Peoria is one of Arizona’s fastest-growing cities and boasts excellent schools, vibrant shopping, and a strong sense of community! For residents who have so much to look forward to in life, planning for the future is essential. You can protect your family and assets now with a comprehensive estate plan so you can have total peace of mind about whatever tomorrow holds! Our father-and-son estate planning firm, KEYTLaw, helps draft trusts, wills, and other crucial legal documents to safeguard your legacy. Contact us today for a free consultation and ensure your estate is in good hands. [![](https://www.keytlaw.com/wp-content/uploads/2025/02/peoria-arizona.png)](https://www.keytlaw.com/wp-content/uploads/2025/02/peoria-arizona.png) --- ### [Failure to Plan Horror Stories](https://www.keytlaw.com/ep1a/) **Published:** March 23, 2025 **Author:** Richard Keyt **Content:** Here are some examples of how people are harmed when their loved one dies without a custom estate plan with a revocable living trust. - **Significant Other Inherits Nothing**. A woman called me and said her significant other of 30 years died while owning 9 rental properties. The man did not have a will or a trust. Under Arizona’s law of intestate succession, the deceased man’s brother inherited all of the rental property, and his significant other did not inherit anything. The deceased man and his brother had not spoken in over 30 years. **Solution**: If the man had a will or a trust that left the real estate to his significant other, she would have inherited all of the land, and the estranged brother would not have gotten any of the homes. - **Creditor Gets Son’s Inheritance**. A man called and said his mother died and left him $475,000. The executor of the probate deposited the money in the man’s bank account, which was garnished by the man’s creditor, who had a judgment against the man. All the money went to the creditor, and the man got none of it. **Solution**: If the mother left the money to the man in an irrevocable trust the mother created for her son, the money would have been asset-protected, and the creditor would not have gotten any of the money. The son could have had the trust buy and hold title to a home, and the son could have lived in the home rent free. - **Kids Fight over Inherited Assets.** A single woman had a vacation home in Pinetop and four children. When she died without a will or a trust her four kids inherited the home. Two wanted to sell, and two wanted to keep the home. They could not agree on selling, so eventually, two kids filed a lawsuit asking the court to order the property to be sold and the net proceeds distributed to the four kids. After wasting a lot of money on attorney fees, the land was sold, and each child got one-quarter of the net proceeds. **Solution**: The mother should have created an irrevocable trust that owned the home. The trust agreement could have provided that the home would be sold if any child requested a sale. - **Estranged Son Inherits**. Father had three kids, but was estranged from one of them. They had not spoken or seen each other in many years. Father did not want the estranged son to inherit any of his assets, but when the father died without a will or a trust, the estranged son inherited one-third of the man’s assets. **Solution**: The man should have adopted a will or a trust that disinherited the estranged son. - **Life Insurance Paid to Minor Child**. A couple got divorced and the divorce decree required the man to buy a $1,000,000 life insurance policy. The purpose was to fund the mother so she could use the money to raise their daughter. Unfortunately, the man died when the daughter was 7, but the policy named the daughter as the beneficiary**.** This meant that the daughter owed the money, and the mother could not legally use the daughter’s assets to fund the mother’s obligation to raise her daughter. The daughter would also get total control of the money when she became 18. **Solution**: Parents should have created an irrevocable trust that named the mother as the trustee and beneficiary so the mother could have spent the proceeds as she deemed appropriate. - **Parents Daughter on Drugs**. The parents’ 26-year-old daughter is a drug addict. When they died, the daughter inherited over $800,000. A year later, the daughter blew through all of the inherited money. **Solution**: Parents should have left the money in an irrevocable asset-protected trust for the daughter, but the daughter would not be the trustee. The trustee could be a trust company or a trusted adult family member or friend who would not allow the daughter to blow the money. - **Parents Daughter’s Husband Would Influence Daughter to Blow the Inheritance**. The parents’ 26-year-old daughter is married to an alcoholic who would influence the daughter to blow the inherited money if the daughter were the trustee. **Solution**: Parents should have left the money in an irrevocable asset protected trust for the daughter, but the daughter would not be the trustee. The trustee could be a trust company or a trusted adult family member or friend who would not allow the daughter to blow the money. **Lesson to Be Learned**: Create an estate plan with a revocable living trust that does what you want and protects your loved ones from bad things that can happen if you don’t make an estate plan that protects them. --- ### [Articles About Arizona Superior Court Probates](https://www.keytlaw.com/arizona-probates/) **Published:** February 22, 2025 **Author:** Richard Keyt **Content:** ## **How to Hire an Arizona Probate Attorney** [Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) is an Arizona probate attorney who wants to represent you as the personal representative of an Arizona Superior Court probate or prepare an Affidavit for a probate exemption for a small estate. - [Book a free office, phone, or Zoom video meeting](https://www.keytlaw.com/calendar) with Richard C. Keyt to get answers to your Arizona probate questions. - [How to Hire Richard C. Keyt to Be Your Arizona Probate Attorney](https://www.keytlaw.com/hire-arizona-probate-attorney/) - [Arizona Probate Legal Services Agreement](https://www.keytlaw.com/az-probate/): Submit this agreement to hire Richard C. Keyt as your Arizona probate attorney. - Submit our **Small Estate Probate Exemption** [Questionnaire](https://www.keytlaw.com/small-estate-affidavit/) to hire Arizona probate attorney Richard C. Keyt to prepare a small estate probate exemption affidavit to avoid probate for personal property less than $75,000 and Arizona real estate under $100,000. Arizona enacted a change to this law effective 90 days after the end of the 2025 legislative session that increases the land value to $300,000 and the personal property value to $200,000. ## **Arizona Probate Articles** by [Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/), Arizona probate attorney - [What is an Arizona Probate & When Is It Required](https://www.keytlaw.com/arizona-probate/)? - [13 Probate Mistakes](https://www.keytlaw.com/13-probate-mistakes/) - [Arizona Probate Frequently Asked Questions](https://www.keytlaw.com/arizona-probate-faqs/) (AZ Probate FAQs) - [How to Do an Arizona Probate](https://www.keytlaw.com/do-an-arizona-probate/): The Arizona probate process from A to Z. - [Statutory Duties of Personal Representatives of an Arizona Probate](https://www.keytlaw.com/personal-representatives-probate-duties/): A personal representative who violates any of these statutes can be liable to heirs who suffer damage as a result of the violation. - [Why You Should Never Do a Do-It-Yourself Arizona Probate](https://www.keytlaw.com/do-it-yourself-arizona-probate/): Read this before you become a personal representative who is not represented by an experienced Arizona probate attorney. - Arizona law [increased the small estate probate exemption](https://www.keytlaw.com/ars-14-3971/) to $200,000 for personal property and $300,000 for land effective 90 days after the legislature’s current term ends. - [Small Estate Probate Exemption for Arizona Real Property Valued at Less than $100,000](https://www.keytlaw.com/small-estate-probate-exemption-for-arizona-real-property/) - [Small Estate Probate Exemption for Personal Property](https://www.keytlaw.com/small-estate-probate-exemption-for-arizona-personal-property/) Valued at Less than $75,000 - [After Death Checklist for an Arizona Decedent](https://www.keytlaw.com/after-death-checklist/) --- ### [Statutory Duties of Personal Representatives of an Arizona Probate](https://www.keytlaw.com/personal-representatives-probate-duties/) **Published:** February 22, 2025 **Author:** Richard Keyt **Content:** by [Richard C. Keyt](http://www.keytlaw.com/attorneys-staff/richard-c-keyt/), Arizona probate attorney The person or entity appointed by an Arizona probate court to be the personal representative of the estate of a deceased person becomes a fiduciary who owes fiduciary duties for which the personal representative can be liable if breached. The following is a short list of some of the duties imposed by Arizona probate law on every personal representative. **The personal representative’s liability risk from breach of duty is the number one reason people should not do a do-it-yourself Arizona probate and should hire an experienced Arizona probate lawyer to represent the personal representative**. ## **Duties of the Personal Representative of an Arizona Probate** **Liability of Personal Representative for Breach of Duty** – Arizona Revised Statutes [Section 14-3712](http://www.azleg.gov/ars/14/03712.htm) provides: > “**If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of his fiduciary duty** to the same extent as a trustee of an express trust.” **Fiduciary Duty & Duty to Settle Estate Per the Will** – Arizona Revised Statutes [Section 14-3703.A](http://www.azleg.gov/ars/14/03703.htm) provides: > “Except as provided in the will of the decedent, a personal representative is a fiduciary who shall observe the standards of care applicable to trustees as described by [Sections 14-10804](http://www.azleg.gov/ars/14/10804.htm) and [14-10806](http://www.azleg.gov/ars/14/10806.htm) and the duties of accounting applicable to trustees as provided in [Section 14-10813, subsection C](http://www.azleg.gov/ars/14/10813.htm). A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this title, and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred by this title, the terms of the will, if any, and any order in proceedings to which the personal representative is a party for the best interests of successors to the estate.” **Duty to Inform Heirs & Devisees –** Arizona Revised Statutes [Section 14-3705](http://www.azleg.gov/ars/14/03705.htm) provides: > “Not later than thirty days after appointment every personal representative, except any special administrator, shall give information of the appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application for appointment of a personal representative. The information shall be delivered or sent by first class mail to each of the heirs and devisees whose address is reasonably available to the personal representative. If appointment is made in a formal proceeding, information under this section need not be given to persons given notice of the formal proceeding. The duty does not extend to require information to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The information shall include the name and address of the personal representative, indicate that it is being sent to persons who have or may have some interest in the estate being administered, indicate whether a bond has been filed and describe the court where papers relating to the estate are on file. **The personal representative’s failure to give this information is a breach of the personal representative’s duty to the persons concerned** but does not affect the validity of the appointment or the personal representative’s powers or other duties. A personal representative may inform other persons of the appointment by delivery or first class mail. The personal representative shall comply with the provisions of [title 43, chapter 13](http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=43).” **Duty to Prepare & File an Inventory & Appraisement** – Arizona Revised Statutes [Section 14-3706](http://www.azleg.gov/ars/14/03706.htm) provides: > “A. Within ninety days after his appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare an inventory of property owned by the decedent at the time of his death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent’s death, its nature as community or separate property and the type and amount of any encumbrance that may exist with reference to any item. > > B. The personal representative may file the original of the inventory with the court and send a copy of the inventory only to interested persons who request it; or, if he elects not to file the inventory with the court, he must deliver or mail a copy of the inventory to each of the heirs in an intestate estate, or to each of the devisees if a will has been probated, and to any other interested persons who request it.” **Duty to Create & File a Supplement Inventory** – Arizona Revised Statutes [Section 14-3708](http://www.azleg.gov/ars/14/03708.htm) provides: > “If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, he shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent’s death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the court if the original inventory was filed, or furnish copies thereof or information thereof to persons interested in the new information.” **Duty to Take Possession of the Estate’s Assets & Discover Concealed Assets** – Arizona Revised Statutes [Section 14-3709](http://www.azleg.gov/ars/14/03709.htm) provides: > “A. Except as otherwise provided by a decedent’s Will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled to it unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession of the property, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection and preservation of, the estate in the personal representative’s possession. The personal representative may maintain an action to recover possession of property or to determine its title. > > B. If the personal representative . . . complains to the court, on oath, that a person is suspected of having concealed, embezzled, conveyed or disposed of any property of a decedent, or possesses or has knowledge of deeds, bonds, contracts or other writings which contain evidence of or tend to disclose the right, interest or claim of a decedent to any property, or the Will of a decedent, the court may cite that person to appear before the court and may examine that person on oath on the complaint. If that person is not in the county where letters have been issued, the person may be cited and examined before the court in the county where the person is found or the court issuing the citation. If the person appears and the court determines that the claim is unfounded, the court shall allow that person necessary expenses out of the estate. > > C. If the person cited as provided by subsection B refuses to appear and submit to an examination, or to answer questions relevant to the complaint, the court may commit that person to jail until the person submits to the order of the court or is discharged according to law. > > D. If on examination or from other evidence adduced at the hearing it appears that a person has concealed, embezzled, conveyed or disposed of any property of a decedent, or possesses or has knowledge of deeds, bonds, contracts or other writings tending to disclose the right, interest or claim of a decedent to any property, or the will of a decedent, the court may order that person to turn over the documents or disclose knowledge to the personal representative and may commit the person cited to jail until the order is complied with or the person is discharged according to law. The examination shall be reduced to writing and filed in court. The order for the disclosure made on this examination is prima facie evidence of the right of the personal representative to the property in an action brought for recovery of that property, and a judgment shall be for double the value of the property, or for return of the property and damages in addition to the property equal to the value of the property. The court may also award reasonable attorney fees and costs.” --- ### [Peoria, AZ Estate Planning Lawyers](https://www.keytlaw.com/peoria-az-estate-planning-lawyers/) **Published:** February 21, 2025 **Author:** Richard Keyt **Content:** **Planning your estate ensures that your wishes are honored and your loved ones are protected. KEYTLaw’s Peoria estate planning attorneys offer personalized services, including wills, trusts, powers of attorney, and more to help you prepare for the future.** **Key Takeaways:** - ******Estate planning benefits everyone, regardless of your age or financial status.****** - **Wills, trusts, and healthcare directives ensure your assets and medical decisions align with your wishes.** - **Consulting our Peoria estate planning attorneys can help you create a plan tailored to your unique needs.** Do you want to ensure your family is cared for and that your final wishes are respected? Life is unpredictable, but estate planning can provide the peace of mind that goes along with knowing that you have secured your legacy. Our experienced Peoria estate planning attorneys can help you create a comprehensive plan that protects both your assets and loved ones! Estate planning is not just about passing on wealth; it’s about making sure your personal and financial affairs are in order, no matter what life brings. [Contact KEYTLaw today](https://www.keytlaw.com/) to schedule a free meeting and take the first step. ### [![Peoria Estate Planning Attorneys](https://www.keytlaw.com/wp-content/uploads/2025/02/peoria-estate-planning.png)](https://www.keytlaw.com/wp-content/uploads/2025/02/peoria-estate-planning.png) ### **Do You Need an Estate Plan?** Many people believe estate planning is only for the elderly or wealthy. However, the reality is that anyone over the age of 18 can benefit from having an estate plan. Unexpected events can happen at any time, and having a plan ensures that the decisions you would have wanted are made, whether regarding asset distribution or medical care. Even if you don’t own significant assets, an estate plan helps determine who will manage your financial and healthcare decisions if you become incapacitated. Without a plan, courts may make these decisions for you, potentially leading to outcomes that don’t align with your desires. Our skilled Peoria estate planning attorneys at KEYTLaw can guide you through the process to ensure you have a plan that fits your needs. Contact us today for a free consultation and learn more! ### **How Our Peoria Estate Planning Attorneys Can Help** A well-crafted estate plan consists of several key components. At KEYTLaw, we assist clients with the following estate planning tools: - **Wills** – A will outlines how your assets will be distributed after your passing. If you are married, a joint will ensures both you and your spouse have aligned wishes. - **Trusts** – A trust helps your beneficiaries receive assets without the delays and expenses of probate. We help determine the best trust structure for your needs. - **Power of Attorney** – This document designates a trusted individual to handle your financial or medical decisions if you are unable to do so. - **Healthcare Directives** – Also known as a living will, this outlines your preferences for medical treatment and end-of-life care. - **Medicaid Planning** – We help restructure assets to [qualify for Medicaid benefits](https://www.medicaidplanningassistance.org/medicaid-eligibility-arizona/), ensuring you receive the care you need later in life. - **Estate Tax Planning** – Proper planning minimizes tax burdens on your beneficiaries, preserving more of your estate for them. Our dedicated team customizes each estate plan based on your unique circumstances and goals. ### **Why Choose KEYTLaw? At KEYTLaw, we take the time to understand your concerns and craft solutions that meet your needs. We know discussing estate plans can be emotional, but our approach is compassionate and straightforward. Led by Richard Keyt (Rick) and his son, Richard C. Keyt (Ricky), a former CPA, we have over 50 years of combined estate planning experience and have prepared more than 650 estate plans. Our dedication to our clients is reflected in our 378 five-star Google, and Facebook reviews! You can be confident that your estate plan will be handled with diligent, experienced care. **Schedule Your Free Appointment Today!** Estate planning is an act of love and responsibility. Taking the time to plan now ensures your wishes are respected and your loved ones are protected. Don’t leave these important decisions to chance. Our goal is to help you prepare legal documents such as wills, revocable living trusts, and other estate planning tools that protect your most valuable assets—your loved ones. Contact our trusted Peoria estate planning attorneys at KEYTLaw today to [schedule a free consultation](https://www.keytlaw.com/contact/) and take control of your future. --- ### [Gilbert, AZ Wills Lawyers](https://www.keytlaw.com/gilbert-az-wills-lawyers/) **Published:** February 21, 2025 **Author:** Richard Keyt **Content:** **Without a will, Arizona’s laws determine how your assets are distributed, which may not align with your intentions. Creating a will ensures your loved ones are protected and your wishes are honored. Our Gilbert will lawyers provide compassionate and clear guidance, making the process simple and stress-free!** **Key Takeaways:** - ****A will ensures your assets go to the right people and prevents legal complications.**** - **You can appoint guardians for minor children and specify your final wishes.** - **Regular updates keep your estate plan aligned with life changes.** Have you thought about what would happen to your family and assets if something unexpected occurred? While it may not be a comfortable topic, estate planning is one of the most thoughtful things you can do for your loved ones. If you do not have a will in place when you pass away, Arizona’s default laws (intestate laws) decide who inherits your estate, often leading to unnecessary stress, legal hurdles, and potential disputes. A properly structured will allow you to: - Distribute your assets according to your wishes. - Name guardians for your minor children. - Reduce confusion and conflicts among family members. - Clearly state your funeral and personal arrangement preferences. By taking control of your estate planning now, you provide peace of mind to those who matter most. Begin by visiting our website or calling us for [a free consultation ](https://www.keytlaw.com/)to learn how our skilled Gilbert will lawyers can help you protect your assets and provide for your family’s future. [![Gilbert Will Lawyers ](https://www.keytlaw.com/wp-content/uploads/2025/02/gilber-wills-lawyer.png)](https://www.keytlaw.com/wp-content/uploads/2025/02/gilber-wills-lawyer.png) ### **How KEYTLaw Can Help** At KEYTLaw, we believe estate planning should be tailored to fit your unique situation. Since no two circumstances are exactly the same, we take the time to learn about your priorities and ambitions. Our experienced Gilbert will lawyers guide you through every step, ensuring clarity and confidence in your decisions. Here’s how we make estate planning easier: - **Clear explanations:** We simplify legal terms and procedures so you fully understand your options. There are many different types of wills that you have to choose from, and the right one for you will depend on your goals! - **Tailored solutions:** Every family’s needs are different, and we customize your will accordingly. - **Ongoing support:** Life changes, and so should your estate plan. We offer regular updates to keep it current. Estate planning isn’t just about documents—it’s about ensuring your family’s future security. We’re here to provide thoughtful guidance and practical solutions. ### **Comprehensive Estate Planning Services from Our Gilbert Will Lawyers** A will is a critical piece of your estate plan, but it’s often just the beginning. Without a comprehensive plan, your loved ones may face unnecessary legal hurdles and financial uncertainty. Our team helps you build a complete estate plan that protects your assets, honors your wishes, and simplifies legal processes for your family, giving you peace of mind. Our services include: - - **Wills:** Ensure your assets are distributed as you intend and minimize potential disputes. - **Trusts:** Provide additional flexibility and control over your estate, helping [avoid probate](https://www.nolo.com/legal-encyclopedia/arizona-probate-an-overview.html) and protecting beneficiaries. - **Powers of attorney:** Appoint someone you trust to make financial or medical decisions if you become unable to do so. - **Healthcare directives:** Specify your medical preferences for end-of-life care, ensuring your wishes are respected. - **Guardianship designations:** Secure your children’s future by naming trusted guardians in the event of the unexpected. - **Probate assistance:** Guide your loved ones through the legal process after your passing, making it as seamless as possible. - ****And more…**** A well-rounded estate plan not only protects your family’s future but also reduces stress and financial burdens on those you care about most. Don’t wait—start planning today. ### **Secure Your Family’s Future with a Well-Planned Will** Estate planning is more than just paperwork—it’s about making thoughtful decisions that protect your loved ones for years to come. Our Gilbert will lawyers understand the importance of this process and are dedicated to making it as simple and stress-free as possible. Whether you’re drafting a new will or updating an existing one, we provide the guidance and support you need every step of the way. A carefully crafted will ensures your wishes are honored, reduces legal complications, and provides peace of mind knowing your family’s future is secure. Don’t leave these important matters to chance. [Contact our Gilbert will lawyers today](https://www.keytlaw.com/contact/) for a free consultation and take the first step in safeguarding what matters most. --- ### [After Death Checklist for an Arizona Decedent](https://www.keytlaw.com/after-death-checklist/) **Published:** February 22, 2025 **Author:** Richard Keyt **Content:** by [Richard C. Keyt](http://www.keytlaw.com/attorneys-staff/richard-c-keyt), Arizona probate attorney Here is my checklist of typical tasks that should be considered and actions that might be taken after the death of a loved one who had a trust. ### **A. What to do after the Trustmaker dies** 1\. Location and Verification of Trust Documents: a. The trustee must first obtain the decedent’s original trust and will, and determine if there have been any amendments. b. The pour-over will is filed with the probate court if required by state statute. c. If there are non-trust assets a probate may be required and a personal representative will be appointed. d. Order the appropriate number of death certificates to assist in the reregistration of assets and collection of benefits. 2\. Inventory of Assets: All assets must be located, valued and preserved. A complete and accurate inventory must then be prepared for the following reasons: a. To determine if a probate is required for non-trust assets. b. To determine whether federal estate tax is due. c. To identify possible sources of cash. d. To do an asset split into Marital and Family trusts if required. e. As a starting point for the required appraisal. f. To determine which assets are encumbered with debt. g. To assist the surviving spouse, heirs and successor trustee. 3\. The surviving spouse or successor trustee should collect benefits owed to decedent and the decedent’s survivors. These benefits may include: a. Final wages, accrued vacation or sick pay, state disability pay-ments (SDI); retirement or disability income, either from federal social security or as a fringe benefit from an employer. b. Funeral and death benefits from social security, Veteran’s administration, or employment agreements. c. Medical expenses from health or medicare supplemental insurance; group or association life and disability income benefits; and worker’s compensation claims. d. Paid up life insurance policies for which premiums are not currently being paid; fraternal association or financial institution policies, credit life policies on home, autos and credit cards; term riders on regular policies; accidental death riders on regular life or disability policies; and accidental death policies like travel insurance, or those provided when travel tickets are purchased by credit cards. e. Death benefits due from policies owned by irrevocable trusts, or from business insurance such as buy-sell agreements. f. If the decedent leaves a surviving spouse or minor children, they are also eligible for a $250 death benefit from social security. 4\. Probate may occasionally be desired even if not required. a. Allows the estate to take advantage of the state creditor notice statutes and shorter statute of limitations on creditor claims. (1) Assets in probate estate will be primarily liable for decedent’s debts. (2) Trust assets may be used to pay creditors if probate assets are insufficient. b. Creates a separate tax entity for tax planning purposes. c. Allows for trapping distributions. d. May be necessary under state law if disclaimers are used. 5. An appraisal is necessary for the following reasons: a. For the accounting/appraisal of the probate estate. b. To value assets for estate tax purposes and to determine whether estate taxes are due. c. To determine the amount of the stepped-up basis beneficiaries will obtain under Code §1014. d. For asset splitting among beneficiaries and trusts. 6. Treasury Regulations provide detailed instructions for the appraisal of various estate assets. See Treas. Reg. §20.2031. For example: a. Personal property such as jewelry, silverware, art, or similar items valued in excess of $3,000 requires a professional appraisal. Treas. Reg. §20.2031-6. b. Professional appraisals are always needed for real estate. c. Publicly traded stocks, bonds or mutual funds are valued based upon the mean between the highest and lowest quoted selling prices on the valuation date. Treas. Reg. §20.2031-2. d. A formal appraisal is required for closely held stock and unincor¬porated business interests. Treas. Reg. §§20.2031-2 and 20.2031-3. 7. If a business or partnership is an asset of the trust immediate steps must be taken to preserve and protect the enterprise. The trustee should do the following: a. Determine whether to continue or liquidate the enterprise; take the appropriate steps after this determination is made. b. Review corporate or partnership documents and interview part-ners/shareholders to determine the existence of buy-sell obligations or if business insurance exists. c. Contact the accountant for the enterprise for accounting and tax planning advice. 8. Changing title to trust assets and probate assets. a. A death certificate should be recorded in any county where real estate was owned if there is a successor trustee and the title will not be transferred to another trust or heir. b. The decedent’s name should be removed from all assets either as an individual (through probate) or as trustee, unless a surviving trustee remains on title. (1) This is accomplished by contacting the holder of each asset and requesting the change. (2) Documentation will be required by each asset holder for distribution instructions and proof of death. c. The trust’s distribution provisions should be followed, which may require preparation of a deed to a beneficiary of the trust if an outright distribution. (1) Any deed distributing property from the trust should be recorded. (2) The trustee should confirm that all non real-property assets are reregistered into the beneficiaries’ name as instructed by the trust. d. Copies of a Memorandum of Trust along with a certified copy of the death certificate are normally required before changing title or paying death benefits by: (1) Title insurance companies, (2) Financial institutions, (3) Life insurance companies, (4) Securities firms and other asset holders. e. If there is a surviving spouse/trustee, all asset titles may remain unchanged. However title may be changed: (1) For emotional reasons the decedent’s name is often removed as trustee. (2) If the trust provides, the assets may be split into two or more trusts at death, either for tax or family planning. ### **B. Estate and Income Tax Issues** 1. A revocable trust becomes irrevocable upon death of the trustmaker. Its grantor trust status ends. a. An irrevocable trust needs a federal ID number. b. It is a calendar year taxpayer and files a 1041 tax return. 2. Living trusts often dictate a division of assets upon the first spouse’s death to minimize the estate tax due on the total estate. This is generally accomplished by using a Marital Trust and a Family Trust. a. The Marital Trust is irrevocable and assets are generally retitled in its name on funding. b. The Family Trust is irrevocable and is comprised of the remaining assets. 3. Funding the Marital and Family trusts are usually accomplished using a pecuniary or fractional share formula. a. Pecuniary Formula. (1) Triggers capital gain. Treas. Reg. §1.1014-4(a)(3). (2) Capital losses not allowed. Code §267. (3) Accelerates taxation of IRD. Code §691. b. Fractional Share Formula. (1) Does not trigger capital gain or accelerate IRD. (2) Can be difficult to administer. c. How long after the death of the trustmaker are the Marital and Family trusts funded? (1) Funding is not completely finalized until valuation of all assets is fixed. (2) Valuation isn’t fixed until its final for estate tax purposes. This process includes: (a) Selecting the valuation date as either date of death, or date six months after date of death (alternate valuation date). (b) Alternate valuation date is only available if it will decrease the value of the gross estate and decrease the estate tax. (3) The federal estate tax return is due 9 months from the date of death unless an extension is received. (4) Value of assets generally fixed upon receipt of estate tax closing letter. Finally fixed upon expiration of statute of limitations which is generally three years after the 706 return is due and filed. (5) What happens during the hiatus between the death of the trustmaker and the fixed value of trust assets? 4. Estate Tax Payment Options. a. Flower bonds. b. If the estate is comprised of stock of a corporation with a value of at least 35% of the estate the stock can be redeemed to pay estate taxes without adverse dividend treatment. Code §303. c. If the estate owns less than 35% of a corporation’s stock Code §302 may prevent dividend treatment upon redemption. d. If the value of a closely held business exceeds 35% of the adjusted gross estate the trustee may elect to pay that portion of the estate tax represented by the value of the business in up to 10 annual installments commencing 5 years after estate tax is due. Code §6166. Interest rate is 4% so long as timely payments are made. e. Payment of estate tax may be extended for up to 10 years upon a showing of reasonable cause under Code §6161. Current market interest rates apply but the interest is deductible. 5. It is advisable to retain an accountant experienced in preparing estate tax returns to do the 706 return. 6. Miscellaneous tax matters for you and/or the accountant. a. Preparation of the decedent’s final income tax return. The decedent’s final income tax return is due on April 15th of the year after the death. b. Determine whether the decedent made estimated income tax payments. If so, make the estimated payments when due. c. Pay the real property taxes on any property owned by the trust or by the decedent before the due dates. d. Apply for tax identification numbers for all trusts which become irrevocable, or are established, i.e. the Marital and Family trusts. e. Determine the amount of cash that will be needed to pay all liabilities, including estate taxes. f. Make any necessary tax elections available to the trustee. g. Determine if the decedent had established any charitable or other trusts that may have an impact on the tax liability of the decedent or the estate. h. Determine if the decedent had any unused capital losses, bank-ruptcy losses, or other issues that could reduce income or estate taxes. **C. Miscellaneous Matters** 1. To ensure all of the decedent’s mail is received, if there is no surviving spouse, the trustee should ask the Post office to forward all mail to the trustee’s address. 2. The trustee is responsible for the maintenance of all trust assets. a. Review the decedent’s automobile, homeowner, rental, liability, business and other insurance to assure coverage is adequate and continues until assets are distributed. b. Ensure the health insurance premiums are adjusted and continued if there are survivors under the policy. c. Notify the insurance companies if titles are changed to an irrevo¬cable trust. 3\. Determine if any actions are pending on behalf of or against the decedent, or businesses or properties owned by the decedent. Also, determine if the decedent’s estate has an action for the wrongful death of the decedent. 4. The trustee should obtain receipts from beneficiaries who receive assets from the trust. 5. The trustee may be required to provide all beneficiaries with interim reports during the term of the trust, and a final report if assets are distributed and the trust is terminated after the death of the decedent. The trust agreement may also require regular reports to the beneficiaries by the trustee if irrevocable trusts are established after the death. --- ### [Hire KEYTLaw to Transfer Assets to Your Trust](https://www.keytlaw.com/ep-transfer-assets/) **Published:** January 12, 2025 **Author:** Richard Keyt **Content:** An important reason to create a trust is to cause your assets to pass automatically on your death to your heirs named in the trust without needing an expensive, public, and time-consuming Superior Court probate. For an asset to avoid probate, you must do the following before you die: 1. You must transfer the ownership of the asset to your trust or 2. You must give the institution (bank or investment company) that holds the asset a document signed by you that states the asset/account passes automatically on your death to your trust. This document is sometimes called a “pay on death” form or a “transfer on death” form. You can transfer your assets yourself or hire us to transfer some or all of your assets to your trust. The risk of funding yourself is that you won’t do it, or you won’t transfer all of your assets to your trust. If you want the comfort of knowing your trust owns your assets then hire us to do some or all of the funding. We can transfer land in Arizona, Arizona LLCs, and other assets, such as bank and investment accounts, to your trust. If you want to hire us to transfer some or all of your assets to your trust, submit our Trust Funding questionnaire at . --- ### [Gilbert, AZ Trust Lawyers](https://www.keytlaw.com/gilbert-az-trust-lawyers/) **Published:** January 28, 2025 **Author:** Richard Keyt **Content:** **Trusts are essential tools in estate planning that ensure your assets are managed and distributed according to your wishes. Our Gilbert trust attorneys at KEYTLaw help you create customized trust-based plans to protect your loved ones and simplify legal processes. With our guidance, you can secure your family’s future with confidence.** ### **Key Takeaways:** - ******Trusts offer privacy, asset protection, and probate avoidance.****** - **Different types of trusts address specific needs, such as caring for dependents or supporting charitable causes.** - **A comprehensive trust-based plan can reduce legal disputes and ensure your legacy is preserved.** ### **Why Trusts Are a Cornerstone of Estate Planning** Planning for the future can feel overwhelming, but creating a trust is a thoughtful step to safeguard your family’s well-being. A trust allows you to manage your assets during your lifetime and ensures they are distributed according to your wishes after your passing. This important legal tool helps to: - Provide for minor children or dependents with special needs. - Avoid the time-consuming and costly probate process. - Shield assets from creditors or legal disputes. - Manage business succession seamlessly. - Tailor inheritance distributions to fit your family’s specific needs. Working with our Gilbert trust attorneys, you can design a plan that aligns with your unique circumstances and goals. If you would like further information about how to establish a trust for your family, give us a call by taking advantage of our [free, no-obligation consultation ](https://www.keytlaw.com/)today. ### [![Gilbert Trust Attorneys ](https://www.keytlaw.com/wp-content/uploads/2025/01/gilbert-trust-lawyer.jpg)](https://www.keytlaw.com/wp-content/uploads/2025/01/gilbert-trust-lawyer.jpg) ### **Exploring Types of Trusts** Not all trusts are the same. Each type serves a different purpose, and choosing the right one depends on your situation. Here are some of the most common trusts and their benefits: - **Revocable Living Trusts**: These flexible trusts allow you to maintain control over your assets during your lifetime and adjust the terms as your needs change. They are also effective tools for avoiding probate. - **Irrevocable Trusts**: Once established, these trusts cannot be easily modified. They offer strong asset protection and tax advantages, making them ideal for certain financial planning goals. - **Special Needs Trusts**: Designed for dependents with disabilities, these trusts ensure long-term financial stability without affecting eligibility for government benefits. - **Charitable Trusts**: If you wish to support charitable organizations, this trust type ensures your legacy has a meaningful impact while potentially reducing tax liabilities. - **Other Trusts**: From [spendthrift trusts](https://www.nolo.com/legal-encyclopedia/spendthrift-trusts.html) to dynasty trusts, there are options to address various financial and family concerns. Our Gilbert trust attorneys will help you determine which trust best suits your needs and draft a comprehensive plan tailored to your goals. ### **The Advantages of Trust-Based Planning** Trusts offer benefits that go beyond those provided by a traditional will. Key advantages of a trust include: - **Avoiding Probate**: Trusts bypass the probate process, reducing legal costs and saving time for your loved ones. - **Maintaining Privacy**: Unlike wills, which become public records, trusts keep your financial matters confidential. - **Flexible Inheritance Distribution**: Trusts allow you to control when and how beneficiaries receive their inheritance, protecting them from poor financial decisions. - **Planning for Incapacity**: In the event you become incapacitated, a trust ensures your assets are managed according to your instructions. - **Minimizing Disputes**: By clearly outlining your intentions, a trust reduces the risk of legal conflicts among heirs. ### **What If You Don’t Have a Trust?** Failing to incorporate a trust in your estate plan can lead to significant challenges for your family. Without a trust: - Assets may go through probate, a costly and public legal process. - Beneficiaries might face delays or disputes over your estate. - Inheritances could be distributed in lump sums, risking poor financial decisions. - Your intentions for dependents, pets, or charitable giving may not be honored. Our Gilbert trust attorneys will help you avoid these negative consequences by creating a plan that prioritizes your family’s needs and wishes. ### **Take the First Step with Our KEYTLaw Gilbert Trust Attorneys** Planning for the future doesn’t have to be complicated. At KEYTLaw, we bring decades of experience and a client-centered approach to estate planning. Led by H. Richard Keyt, JD, LL.M (Taxation), and Richard C. Keyt, JD, M.S. (Accounting), our father and son led team has assisted thousands of clients with creating trusts, forming businesses, and addressing complex legal needs. Our attorneys are supported by a skilled team of legal assistants who ensure every detail of your plan is handled with care. From obtaining federal tax exemptions for charities to assisting successor trustees after a trust maker’s passing, we offer comprehensive services to achieve your family’s unique goals! When you choose KEYTLaw, you gain access to trusted advisors who are dedicated to protecting your family’s future. [Contact us today](https://www.keytlaw.com/contact/) to schedule a no-cost consultation. Together, we’ll create a trust-based estate plan that provides peace of mind and secures your legacy. --- ### [Gilbert, AZ Estate Planning Lawyers](https://www.keytlaw.com/gilbert-az-estate-planning-lawyers/) **Published:** January 28, 2025 **Author:** Richard Keyt **Content:** **Planning for the future ensures your loved ones are protected and your wishes are honored. The Gilbert estate planning lawyers at KEYTLaw can help you create a customized plan to manage your assets, provide for your family, and avoid unnecessary complications. With our guidance, you can take control of your future with confidence!** ### **Key Takeaways:** - ******Estate planning secures your assets, minimizes legal challenges, and provides peace of mind.****** - **Comprehensive plans address both financial and medical decisions.** - **Working with our knowledgeable attorneys ensures your plan meets Arizona’s legal requirements and aligns with your personal goals.** ### **Plan Today to Protect Tomorrow** *“Someone’s sitting in the shade today because someone planted a tree a long time ago.****”*** – Warren Buffett The truth about planning for the future is that it must happen today. We often delay these important decisions, believing there’s always more time. Unfortunately, waiting can lead to unforeseen consequences when the future arrives unplanned. When it comes to securing your family’s financial stability and well-being, taking action now is crucial. Our Gilbert estate planning lawyers at KEYTLaw can help you craft a plan that ensures your loved ones are cared for and protected, no matter what the future holds. Call us today to [schedule a free, no-obligation consultation](https://www.keytlaw.com/) to find out how we can help safeguard the future of your family! ### [![Gilbert Estate Planning Lawyers ](https://www.keytlaw.com/wp-content/uploads/2025/01/gilber-estate-planning.jpg)](https://www.keytlaw.com/wp-content/uploads/2025/01/gilber-estate-planning.jpg) ### What Is Estate Planning?** Estate planning involves preparing for how your assets will be managed, distributed, and used in the event of your death or incapacitation. Its primary purpose is to ensure that your wishes are clearly documented and legally enforceable. A comprehensive estate plan allows you to maintain control over your property and prevents the state or courts from making decisions about your legacy. With the guidance of our experienced Gilbert estate planning lawyers, you can also protect your assets from creditors, taxes, and legal fees, ensuring they benefit those you care about most. **Who Needs an Estate Plan, and Why?** Estate planning isn’t just for the wealthy. Anyone who owns property, has children, or wants to safeguard their loved ones from financial hardship should have an estate plan. Without one, your family could face: - **Financial hardship**: The lack of clear instructions can lead to delays and increased costs. - **Guardianship issues**: Without proper documentation, your children’s care could be determined by the state. - **Emotional stress**: Family members may struggle with uncertainty about your wishes. At KEYTLaw, we provide personalized estate planning solutions tailored to your unique circumstances, ensuring your family’s needs are met with precision and care. ### **What Does an Estate Plan Include?** A well-rounded estate plan involves more than just a will. While a will is essential, additional documents are often necessary to address various scenarios and protect your assets comprehensively. Common components of an estate plan include: 1. **Last Will and Testament**: Specifies how your assets will be distributed and appoints guardians for minor children. 2. [**Revocable Living Trust**:](https://www.youtube.com/watch?v=5m9a05Xly6w) Manages your assets during your lifetime and distributes them after your death, often bypassing probate. 3. **Durable Power of Attorney**: Authorizes someone to make financial decisions on your behalf if you become incapacitated. 4. **Healthcare Power of Attorney**: Appoints a trusted individual to make medical decisions for you when you are unable to do so. 5. **Living Will**: Details your preferences for medical treatment and end-of-life care in specific circumstances. Our Gilbert estate planning lawyers work closely with you to ensure your estate plan meets Arizona’s legal requirements and aligns with your personal goals. ### **Why Work with an Estate Planning Attorneys?** Some individuals attempt to create estate plans using online templates or DIY tools. However, these generic solutions often fail to address specific legal requirements or unique family dynamics, leaving your estate vulnerable to challenges. Common risks of DIY estate planning include: - **Invalid documents**: Templates may not comply with Arizona law, rendering them unenforceable. - **Inadequate protection**: Generic plans might not consider your specific financial or family circumstances. - **Higher costs later**: Errors in DIY plans can lead to costly legal disputes for your loved ones. By working with the professionals at KEYTLaw, you gain the assurance that your estate plan is thorough, legally sound, and tailored to your family’s needs. ### **Why Choose Our Experienced Gilbert Estate Planning Lawyers?** At KEYTLaw, we take pride in delivering personalized, thoughtful guidance in estate planning. Our team is dedicated to helping individuals and families create plans that provide peace of mind and long-term security. Here’s what sets us apart: - - **Experienced team**: With decades of combined experience, we understand Arizona’s estate planning laws inside and out. - **Tailored solutions**: Every family is unique, and so is every estate plan we create. - **Client-centered approach**: We take the time to listen, answer your questions, and provide clear, actionable advice. - ****Family-owned business with family values:** KEYTLaw is a father and son led team. Family is important to us, and we know that your family is the most important to you, so we go above and beyond when it comes to your estate planning needs. We’re passionate about what we do!** When you choose KEYTLaw, you’re not just getting legal documents—you’re gaining a partner committed to safeguarding your family’s future. Contact our Gilbert estate planning lawyers at KEYTLaw to craft a plan that reflects your values, protects your assets, and provides for your family. Call our office or visit our website to [schedule your free consultation ](https://www.keytlaw.com/contact/)and secure your peace of mind. --- ### [Gilbert, AZ](https://www.keytlaw.com/gilbert-az/) **Published:** January 28, 2025 **Author:** Richard Keyt **Content:** Gilbert, a rapidly growing town in the Phoenix metropolitan area, is celebrated for its family-friendly neighborhoods, thriving local businesses, and cultural attractions like the Gilbert Heritage District. As residents build their lives here, ensuring their estate plans are in order is a critical step for protecting their loved ones and their legacies! At KEYTLaw, we make estate planning simple and accessible, whether you need a will, trust, or other tools. Contact us today to schedule a consultation and start planning for peace of mind! [![Gilbert, AZ ](https://www.keytlaw.com/wp-content/uploads/2025/01/gilbert-arizona.jpg)](https://www.keytlaw.com/wp-content/uploads/2025/01/gilbert-arizona.jpg) --- ### [Chandler, AZ Wills Lawyers](https://www.keytlaw.com/chandler-az-wills-lawyers/) **Published:** December 13, 2024 **Author:** Richard Keyt **Content:** How you will prepare your family for life without you can be an overwhelming subject to talk about, but delaying these crucial steps can leave your family vulnerable. At KEYTLaw, our knowledgeable team understands that this is a highly sensitive topic and you might be overwhelmed by it, but we give you professional advice you can trust. Planning for the future demonstrates caring and responsibility. There’s no guarantee in life, so it makes sense to put your wishes on paper and safeguard your family, no matter your age or your situation. Our Chandler will lawyers at [KEYTLaw](https://www.keytlaw.com/) can help you navigate this by providing skilled legal advice and confidence that everything is in order. Contact us to set up your free consultation and find out how we can help preserve your legacy and your family’s future. [![Chandler Will Lawyers ](https://www.keytlaw.com/wp-content/uploads/2024/12/chandler-will-lawyer.png)](https://www.keytlaw.com/wp-content/uploads/2024/12/chandler-will-lawyer.png) **Why Writing a Will Is Important A will isn’t just a legal document; it’s your way of conveying your wishes about what you want to do in the future. In Arizona, when you die without a will, state law governs how your estate will be distributed – and it might not be the way you’d like it to be. This can lead to family problems and legal tangles. Making a will can help you: - Specify asset distribution with precision - Designate guardians for minor children - Specify your final arrangements - Minimize potential legal issues Our Chandler will lawyers collectively have more than 50 years of experience advising families on these important issues. We recognize the importance of these decisions and we continue to be there for you. **Easy, Customized, and Effective Estate Planning** KEYTLaw believes that will writing should be simple and effective. We simplify the procedure, leaving legal jargon and unnecessary formalities. We tailor our service to every family’s individual circumstances. Whether you are a young parent anticipating your offspring, an older adult creating your legacy, or something in between, we will help create a plan that gives you peace of mind. Our service commitment includes: - **Personalization:** We take the time to learn about your unique circumstances and goals. - **Concise Language:** We make your options simple to understand. - **Availability Support**: We are still here to answer your questions, no matter how difficult. **How Our Chandler Will Lawyers Can Assist You** Making a will involves more than a distribution of assets – it is about protecting your family. KEYTLaw is ready to walk you through the entire process. **Free Initial Consultation:** Get started with your estate planning process with a free initial consultation, where we will thoroughly assess your goals, demonstrate our approach, and provide detailed answers to your questions. **Custom Drafting:** Through a team effort, we craft your will to reflect your values, your intentions, and your family situation with finely crafted personal paperwork. **Annual Review:** We understand that things evolve, so we offer periodic review services to ensure your will is updated and relevant to your changing situation and goals. **Full Estate Planning:** We also offer [full estate planning services](https://www.keytlaw.com/contact/), such as trusts, powers of attorney, and healthcare directives, providing you with a comprehensive protection system in addition to wills. **Call KEYTLaw For Your Appointment Today!** Richard Keyt and Ricky Keyt are a father and son Arizona estate planning attorneys team who offer a comprehensive service for estate planning and probate law issues. Our commitment is to preserve our clients’ futures for their families while providing personalized, thorough and effective legal representation. The destiny of your children and grandchildren should not be left to chance. Contact us to get[ a free no-obligation consultation](https://www.keytlaw.com/contact/) today. Together, we’ll create an estate plan that safeguards your family and brings your wishes to life. Take action now—call KEYTLaw. **Frequently Asked Questions About Wills** **What if I die without a will in Arizona?** Without a will, Arizona’s intestate succession laws determine distribution. This state-imposed allocation isn’t necessarily your choice or your family. By writing a will, you ensure that your exact wishes are protected and prevent family arguing at an unwieldy time. **Does my will require updates?** Yes. We suggest you update your will once every 3-5 years, or at certain key life milestones. This can include marriage, having children, divorce, a death in the family, or major financial shifts. Always update your will to make it effective as intended. **Should digital assets go into my will?** Yes. Modern wills can be enriched with digital assets, such as online bank accounts, social media accounts, photo collections and cryptocurrency investments. We ensure full protection of physical and digital assets with our in-house legal team, depending on your needs. --- ### [Chandler, AZ Trust Lawyers](https://www.keytlaw.com/chandler-az-trust-lawyers/) **Published:** December 13, 2024 **Author:** Richard Keyt **Content:** Planning for the future is one of the most meaningful ways you can care for your loved ones. While none of us like to think about what might happen when we’re no longer here, taking proactive steps today ensures your family is protected tomorrow. A well-crafted estate plan can spare your loved ones from unnecessary financial stress and provide peace of mind for everyone involved. At [KEYTLaw](https://www.keytlaw.com/), our highly experienced Chandler trust lawyers are here to guide you through every step of the process. Whether you’re starting fresh or need to update an existing plan, we can help create a trust tailored to your unique needs. Don’t wait—schedule your free consultation today to get started. [![](https://www.keytlaw.com/wp-content/uploads/2024/12/chandler-trust-lawyer_optimized.png)](https://www.keytlaw.com/wp-content/uploads/2024/12/chandler-trust-lawyer_optimized.png) ## **Understanding Trusts: A Cornerstone of Estate Planning** [A trust](https://www.nolo.com/legal-encyclopedia/arizona-make-a-living-trust-31719.html) is a powerful legal tool that allows you, as the grantor, to transfer assets to a trustee who manages them for the benefit of your chosen beneficiaries. This arrangement not only secures your assets but also ensures they are distributed according to your specific wishes. ### **Key Advantages of Setting Up a Trust** Establishing a trust offers numerous benefits that go beyond what traditional wills can provide: - - **Bypass Probate Court**: Trusts can help your family avoid the lengthy, costly, and often stressful probate process. Your estate is handled privately and more efficiently. - **Tax and Creditor Protection**: Properly structured trusts can minimize estate taxes and shield assets from creditors, safeguarding your legacy for future generations. - **Customizable Asset Distribution**: Trusts provide flexibility, allowing you to define how, when, and under what conditions your assets are distributed. - ****And More!**** ## **Types of Trusts to Consider** There are various types of trusts, each designed to address different needs and circumstances. Our Chandler trust lawyers can help you determine which trust is right for your goals! Below are the two main categories: ### **1. Revocable Trusts** Revocable trusts allow you to modify or dissolve the trust during your lifetime. This flexibility is ideal for those whose needs may evolve over time. For example, you can: - Add or remove beneficiaries. - Change the trustee. - Adjust the terms of the trust. While revocable trusts provide control and adaptability, assets within these trusts remain part of your estate and may be vulnerable to creditors. ### **2. Irrevocable Trusts** An irrevocable trust, once established, cannot be altered. This permanence can be a disadvantage if life circumstances change, but it offers unparalleled security: - Assets are shielded from creditors and lawsuits. - Proper drafting ensures the trust provides maximum protection for your beneficiaries. If you’re later in life and your financial situation is stable, an irrevocable trust can be an excellent choice to secure your family’s future. ## **Tailored Trust Options for Every Need** In addition to revocable and irrevocable trusts, there are specialized trusts designed for unique situations, including: - - **Charitable Trusts**: Support your favorite causes while receiving tax benefits. - **Special Needs Trusts**: Protect the financial well-being of loved ones with disabilities. - **Conditional Trusts**: Set specific conditions beneficiaries must meet to receive assets. - ****And Many Others!**** ## **Why Choose KEYTLaw for Your Trust and Estate Planning Needs?** With over 55 years of experience, the lawyersat KEYTLaw have a proven track record of helping Arizona families secure their futures. Here’s what sets us apart: - **Comprehensive Guidance**: We take the time to understand your needs and walk you through every option available. - **Transparent Pricing**: No hidden fees—just honest, upfront information about costs. - **Free Consultation**: Your initial consultation is free, giving you the opportunity to ask questions and explore your options risk-free. Our Chandler trust lawyers are committed to making the process as straightforward and stress-free as possible. Contact us today to [schedule your free consultation](https://www.keytlaw.com/contact/) and take the first step toward protecting your family’s future. Let us help you create a plan you can trust. ## **FAQs: Your Questions About Trusts Answered** ### **What’s the difference between a trust and a will?** A will directs how your assets are distributed after your death and must go through probate. A trust, however, can take effect during your lifetime, avoids probate, and provides greater privacy and control over asset distribution. ### **Can I create a trust without an attorney?** While it’s technically possible, trusts involve complex legal and financial considerations. Working with an experienced attorney ensures your trust is properly structured to meet your goals. ### **How long does it take to set up a trust?** The timeline varies depending on the complexity of your estate. However, with the help of an experienced attorney, most trusts can be created within a few weeks. ### **Aren’t trusts only for the wealthy?** Not at all. Trusts can benefit anyone who wants to ensure their assets are managed and distributed according to their wishes, regardless of the size of their estate. ### **Can I change my trust after it’s created?** Yes, if you establish a revocable trust, you can make changes anytime during your lifetime. Irrevocable trusts, however, cannot be modified once finalized. --- ### [Services for Existing Arizona LLCs](https://www.keytlaw.com/llc-services/) **Published:** March 22, 2025 **Author:** Richard Keyt **Content:** KEYTLaw attorneys provide many other LLC & PLLC services in addition to forming new companies. Below is a list of services we provide for people who have operating Arizona LLCs & PLLCs. To hire us complete the appropriate questionnaire. When you submit the questionnaire, our system will send an email message to the email address you enter into the questionnaire so you can review your information and change it if necessary. - Hire us to prepare a new Arizona LLC law-compliant Operating Agreement by submitting our [Operating Agreement Questionnaire](https://azllc.com/oaq) – Hire us to prepare a custom Operating Agreement for an existing LLC that complies with Arizona’s new LLC law that took effect 9/1/19. - Hire us to document the addition or removal of one or more members or managers of an Arizona LLC. Submit our [Member or Manager Change Questionnaire](https://azllc.com/changeq/) – Members who are being removed should sign an Assignment of Membership Interest Agreement. This is the document that transfers the outgoing member’s membership interest to whoever is acquiring the membership interest. If the company is member-managed, it must file an Amendment to its Articles of Organization with the Arizona Corporation Commission to add new members and/or remove former members. If the company is manager-managed, it must file an Amendment to its Articles of Organization if there is an addition or removal of any member who owned or will own 20% or more of the profits of the company. If the company is manager-managed and any manager is added or removed, the company needs to amend its Articles of Organization to reflect the change. Whenever there is a change in members or managers, the parties should sign an amended Operating Agreement to reflect the changes. You can purchase all of these documents using our questionnaire. - Hire us to change an LLC or PLLC’s principal address or the address of a member or manager on the records of the Arizona Corporation Commission. Submit our [LLC, Member & Manager Address Change Questionnaire](https://www.keytlaw.com/azllclaw/address-change/). - Hire us to prepare a custom Buy Sell Agreement for multi-member LLCs by submitting our [Buy Sell Agreement Questionnaire](https://azllc.com/bsaq/). This is the exit strategy. Without a Buy-Sell Agreement, members of an AZ LLC are stuck with each other for perpetuity. This agreement gives the company and members an option to buy or may require them to buy the membership interest of a member who dies, files for bankruptcy, is convicted of a felony, or suffers any other triggering event stated in the agreement. See the Buy-Sell Agreement [questionnaire](https://azllc.com/bsaq/) for the 19 possible triggering events you can select. You can also add your own triggering events. - Hire us to amend the Articles of Organization of an Arizona LLC or PLLC. Submit our [Amending Articles of Organization Questionnaire](https://www.keytlaw.com/azllclaw/aaoo-q/) – Use this to change the name of an LLC or PLLC or to add or remove a member or manager. - Hire us to prepare a revocable living trust to own an Arizona LLC or PLLC by submitting our [Confidential Trust Questionnaire](https://www.keytlaw.com/azllclaw/ct-questionnaire/). This trust can keep the ultimate owner’s name off of the Arizona Corporation Commission’s website if the name of the trust does not contain the ultimate owner’s name. It can be used for confidentiality. - **Amendment to a Confidential Trust** questionnaire for $347. If you want to amend the confidential trust, we prepared for you when you hired us to form a Gold LLC, complete and submit our [Confidential Trust Amendment questionnaire](https://www.arizona-wills.com/ctq/). - [Touch Up Package for an Existing LLC](https://www.keytlaw.com/azllclaw/touch-up/) – If you already filed the Articles of Organization purchase our Operating Agreement, organizational resolutions, membership certificates, disclaimer for non-owner spouse to sign if membership will be owned as separate property, portfolio with tabs and your documents, the LLC Operations Manual and our 50 email alerts. --- ### [Estate Planning Appointment Calendar](https://www.keytlaw.com/ep-calendar/) **Published:** April 4, 2025 **Author:** Richard Keyt **Content:** ## **Book a Free Wills & Trusts Meeting Only If You Want to Talk about Estate Planning** **Book a free estate planning meeting with Rick Keyt (the father)** - [Office meeting](https://rkepofficeconsult.apptoto.com/) at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale - [Phone meeting](https://www2.apptoto.com/b/rkepphone/) - [Zoom video meeting](https://rkzoomvideo.apptoto.com/) **Book a free estate planning meeting with Ricky Keyt (the son)** - [Office meeting](https://rckofficeep.apptoto.com/) at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale - [Phone meeting](https://rckepphone.apptoto.com/) - [Zoom video meeting](https://rckzoommeeting.apptoto.com/) **Book an estate plan signing meeting with Ricky Keyt (the son)** - [Office signing meeting](https://rckepsign.apptoto.com/) at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale **Book a Free Probate or Non-estate Plan Meeting** **Book a free probate or non-estate plan meeting with Ricky Keyt (the son)** - [Office meeting](https://rckofficeep.apptoto.com/) at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale - [Phone meeting](https://rckphonecall.apptoto.com/) - Zoom video meeting: Book a phone meeting and enter the text Zoom into the appointment screen then we will email you the link for the Zoom. **Book a free non-estate plan meeting with Rick Keyt (the father). He does not do probates** - [Office meeting](https://rkoffice.apptoto.com/) at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale - [Phone meeting](https://www2.apptoto.com/b/rkphonecall) - Zoom video meeting: Book a phone meeting and enter the text Zoom into the appointment screen then we will email you the link for the Zoom. ## **Warning for Arizona Residents: Learn Who Will Inherit Your Assets If You Die without a Will or a Trust** The State of Arizona has a law that determines who inherits the assets of people who die without a will or a trust. This law may cause your assets to be inherited by the wrong person or people. See my article called [Who Inherits Your Property If You Die without a Will or a Trust](https://www.arizona-wills.com/intestate-succession/) and take my short online quiz called [Who Inherits Your Property](https://www.arizona-wills.com/inherits/). If the wrong person or people would inherit your assets the solution to this problem is for you to hire us to prepare a will or a trust that leaves your assets to the person or people you want to inherit the assets. **Steps to Hire the Keyts to Prepare Your Estate Plan** 1\. See the [contents and price](https://www.keytlaw.com/ep-contents) of our estate plan with a revocable living trust. The primary reason people buy a revocable living trust is they want to create a [beneficiary-controlled asset-protected trust](https://www.arizona-wills.com/apt/) for each of their loved ones so the inherited assets are asset-protected and can never be reached by the loved one’s creditors, ex-spouses or a bankruptcy court. 2\. Make an appointment with one of Keyts for your free estate planning consultation. You can meet in our office via phone or via a Zoom video conference. The meetings typically last 45 – 90 minutes. We are located at 7373 E. Doubletree Ranch Road, Suite 135 in Scottsdale. We are one mile south of Shea Blvd. and one block east of Scottsdale Road on the south side of Gainey Ranch. 3\. Complete our online [estate plan questionnaire](https://www.arizona-wills.com/q/). When you submit the questionnaire, our system will send you and us an email message that contains all the information you entered in the questionnaire. 4\. Meet with us for your free estate plan consultation. 5\. After your meeting you have the option to hire or not hire us. 6\. If you hire us, then you will come to our office a week or two after your estate plan meeting to sign your documents in front of two witnesses and a notary. The total time from start to signed documents for an estate plan is one to two weeks. --- ### [Arizona's Law of Intestate Succession](https://www.keytlaw.com/intestate-succession/) **Published:** March 25, 2025 **Author:** Richard Keyt **Content:** 14-2101. [Intestate estate; modification by will](https://www.azleg.gov/ars/14/02101.htm) A. Any part of a decedent’s estate not effectively disposed of by will passes by intestate succession to the decedent’s heirs as prescribed in this chapter, except as modified by the decedent’s will. B. A decedent by will may expressly exclude or limit the right of a person or class to succeed to property of the decedent that passes by intestate succession. If that person or a member of that class survives the decedent, the share of the decedent’s intestate estate to which that person or class would have succeeded passes as if that person or each member of that class had disclaimed that person’s intestate share. 14-2102. [Intestate share of surviving spouse](https://www.azleg.gov/ars/14/02102.htm) The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse: 1\. If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate. 2\. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent. 14-2103. [Heirs other than surviving spouse; share in estate](https://www.azleg.gov/ars/14/02103.htm) Any part of the intestate estate not passing to the decedent’s surviving spouse under section 14-2102 or the entire intestate estate if there is no surviving spouse passes in the following order to the following persons who survive the decedent: 1\. To the decedent’s descendants by representation. 2\. If there is no surviving descendant, to the decedent’s parents equally if both survive or to the surviving parent. 3\. If there is no surviving descendant or parent, to the descendants of the decedent’s parents or either of them by representation. 4\. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent’s paternal grandparents equally if both survive or to the surviving paternal grandparent or the descendants of the decedent’s paternal grandparents or either of them if both are deceased with the descendants taking by representation. The other half passes to the decedent’s maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent’s relatives on the other side in the same manner as the half. 14-2104. [Heirs; surviving of decedent; time requirement; presumption; exception](https://www.azleg.gov/ars/14/02104.htm) A. A person who does not survive the decedent by at least one hundred twenty hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property and intestate succession, and the decedent’s heirs are determined accordingly. B. If it is not established by clear and convincing evidence that a person who would otherwise be an heir survived the decedent by at least one hundred twenty hours, it is deemed that the individual failed to survive for the required period. C. This section does not apply if its application would result in a taking of intestate estate by the state under section 14-2105. 14-2105. [Unclaimed estate; passage to state](https://www.azleg.gov/ars/14/02105.htm) If no one is qualified to claim the estate under this article, the intestate estate passes to the state. 14-2106. [Passing of estate by representation; assigning of shares; definitions](https://www.azleg.gov/ars/14/02106.htm) A. If under section 14-2103, paragraph 1 all or part of a decedent’s intestate estate passes by representation to the decedent’s descendants, that estate is divided into as many equal shares as there are surviving descendants in the generation nearest to the decedent that contains one or more surviving descendants and to deceased descendants in the same generation who left any surviving descendants. Each surviving descendant in the nearest generation is allocated one share. Any remaining shares are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent. B. If under section 14-2103, paragraph 3 or 4 all or part of a decedent’s intestate estate passes by representation to the descendants of either of the decedent’s deceased parents or to the descendants of either of the decedent’s deceased paternal or maternal grandparents, all or part of the estate is divided into as many equal shares as there are surviving descendants in the generation nearest the deceased parents or either of them, or the deceased grandparents or either of them, that contains one or more surviving descendants and to deceased descendants in the same generation who left any surviving descendants. Each surviving descendant in the nearest generation is allocated one share. Any remaining shares are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent. C. For the purposes of this section: 1\. “Deceased descendant”, “deceased parent” or “deceased grandparent” means a descendant, parent or grandparent who either predeceased the decedent or is deemed to have predeceased the decedent under section 14-2104. 2\. “Surviving descendant” means a descendant who neither predeceased the decedent nor is deemed to have predeceased the decedent under section 14-2104. 14-2107. [Kindred by half blood; right of inheritance](https://www.azleg.gov/ars/14/02107.htm) Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. 14-2108. [After-born heirs; requirements](https://www.azleg.gov/ars/14/02108.htm) A child in gestation at a particular time is treated as living at that time if the child lives at least one hundred twenty hours after its birth. --- ### [Glendale, AZ Probate Attorneys](https://www.keytlaw.com/glendale-az-probate-attorneys/) **Published:** April 30, 2025 **Author:** Richard Keyt **Content:** **Probate can be complex and emotionally draining, especially following the loss of a loved one. At KEYTLaw, we help families in Glendale and across Arizona navigate the probate process with compassion, clarity, and step-by-step legal support.** **Key Takeaways:** - ******Probate is the legal process of settling a deceased person’s estate.****** - **Probate involves court filings, asset inventory, debt payments, and distributing inheritances.** - **Our compassionate Glendale probate attorneys will guide you through every step, saving you time, money, and stress.** If you’re reading this, you’ve likely lost someone close to you. Please accept our heartfelt condolences for your loss. Grieving is challenging enough without the added stress of legal paperwork, court deadlines, and complicated probate procedures. At KEYTLaw, we understand how overwhelming this time can feel. You may have questions about what happens next, how to settle your loved one’s affairs, or whether probate is necessary. That’s why we’re here—to guide you gently and clearly through the probate process so you don’t have to shoulder this burden alone. If you need trusted Glendale probate attorneys, help is just a phone call away. We offer a free consultation to explain your options clearly and provide you with peace of mind during this difficult time—so [contact us today](https://www.keytlaw.com/arizona-probates/)! [![Glendale Probate Attorneys](https://www.keytlaw.com/wp-content/uploads/2025/04/glendale-probate-lawyer.jpg)](https://www.keytlaw.com/wp-content/uploads/2025/04/glendale-probate-lawyer.jpg) **What Is Probate—and When Is It Required?** [Probate](https://www.youtube.com/shorts/I3WtqZ5KT4k) is the legal process of settling a person’s estate after their passing. It ensures debts are paid and any remaining assets are distributed according to the will—or, if there is no will, according to Arizona law. In Arizona, probate is typically required if: - The deceased owned property solely in their name. - There was no living trust. - A will exists and must be validated by the court. - Heirs or beneficiaries require legal authority to access financial accounts or transfer assets. Different types of probate apply depending on the size and complexity of the estate. Our knowledgeable team can identify the appropriate probate process for your situation and handle every detail on your behalf. **The Arizona Probate Process: What to Expect** Every probate case is unique, but most cases follow these general steps: - Filing the will (if one exists) and initiating the probate case with the court. - Appointing a personal representative to oversee the estate. - Identifying and valuing assets. - Notifying creditors and paying any outstanding debts or taxes. - Distributing remaining assets to beneficiaries or heirs. - Closing the estate with a final report to the court. The probate process can take several months or longer, particularly if the estate is complex or disputes arise. Working with our experienced Glendale probate attorneys can minimize delays and ensure all legal requirements are properly addressed. **How We Support You Through Every Step of Probate** Probate can feel like an overwhelming responsibility, especially while grieving. At KEYTLaw, we lift that weight off your shoulders by managing all legal complexities. We handle the details so you can focus on healing. Here’s what we provide: - Reviewing wills and determining probate necessity. - Managing all court filings and paperwork. - Assisting the personal representative in fulfilling their duties. - Communicating with heirs and resolving any disputes. - Settling debts and ensuring proper asset distribution. - Providing continuous support and clear communication throughout the process. Whether you’re local to Glendale or managing probate from afar, we offer both in-person and virtual services for your convenience. **Why Choose KEYTLaw?** At KEYTLaw, we bring decades of experience helping Arizona families through probate and estate matters. As a father and son family-run law firm, we offer personalized attention that larger firms often cannot. At our firm, you’re more than just a case number. You’ll work directly with attorneys who take the time to understand your family’s unique circumstances and craft tailored legal strategies. We’ll explain each step clearly and help you avoid common probate pitfalls that can cause delays or extra expenses. If you’re uncertain or have questions, that’s okay—we’re here to listen and support you, never pressuring or rushing your decisions. **Contact Our Compassionate Glendale Probate Attorneys for Assistance** Probate is never easy, but you don’t have to face it alone. Trust KEYTLaw to guide you through settling your loved one’s estate with care and confidence. Call now to [schedule your free consultation](https://www.keytlaw.com/contact/) and let our compassionate Glendale probate attorneys support you through this difficult time. --- ### [Glendale, AZ LLC Formation Attorneys](https://www.keytlaw.com/glendale-az-llc-formation-attorneys/) **Published:** April 30, 2025 **Author:** Richard Keyt **Content:** **Forming an LLC in Arizona offers crucial benefits, such as personal asset protection and tax flexibility. At KEYTLaw, our experienced Glendale LLC formation attorneys guide you through the process with personalized legal support and a custom Operating Agreement tailored to your business needs. Whether you’re starting a single-member or multi-member LLC, we ensure your formation is smooth, secure, and legally sound.** **Key Takeaways:** - ******An LLC protects personal assets and offers tax flexibility.****** - **A well-drafted Operating Agreement is essential to avoid legal pitfalls.** - **With over 9,500 successful LLC formations and more than 400 five-star online reviews, KEYTLaw is your trusted partner.** Forming an LLC is an exciting step in securing your business’s future, but it can also feel overwhelming. How do you ensure that your LLC is set up properly and legally protected? Whether you’re looking for asset protection, tax flexibility, or simply want to separate your personal and business liabilities, having experienced Glendale LLC formation attorneys by your side is crucial. At KEYTLaw, we make the process easy, so you can focus on what matters most—growing your business. If you’re ready to start your LLC journey, we’re here to help. Let’s dive into everything you need to know about LLC formation, including the importance of an Operating Agreement and the valuable support we provide every step of the way. [Call us today for a free consultation ](https://azllc.com/contents/)and let us guide you through the process. [![Glendale LLC Formation Attorneys](https://www.keytlaw.com/wp-content/uploads/2025/04/glendale-llc-formation.jpg)](https://www.keytlaw.com/wp-content/uploads/2025/04/glendale-llc-formation.jpg) **What Is an LLC? A Limited Liability Company (LLC) is a popular business structure that combines the advantages of a corporation with those of a partnership or sole proprietorship. It provides limited liability protection for its owners (members), meaning that their personal assets—like homes and cars—are typically shielded from business debts and lawsuits. An LLC also offers tax flexibility, allowing you to choose how the business is taxed, either as a sole proprietorship, partnership, or corporation, depending on what works best for you. **Why Form an LLC? [Creating an LLC](https://www.youtube.com/watch?v=wwuYl-Hxt3A) in Glendale, Arizona, offers many advantages, but it’s not just about liability protection and tax flexibility (though those are major benefits). An LLC also provides: - **Simplicity in management:** LLCs have fewer formalities compared to corporations, making them easier to manage. Business owners can make decisions without the complex board meetings and reporting requirements typical of corporations. - **Credibility with clients and partners:** Having an LLC boosts your business’s credibility. It signals to clients, vendors, and investors that you’re serious about your company, giving you a competitive edge. - **Easier access to funding:** As an LLC, your business may have better access to funding and investment opportunities, particularly from outside investors or banks, who view LLCs as more structured and credible. **Types of LLCs When forming an LLC in Arizona, you have several options: 1. **Single-Member LLC:** This is the simplest form of LLC, ideal for individuals who want liability protection but remain fully in control of their business. 2. **Multi-Member LLC:** This type of LLC involves two or more members. It requires a clear Operating Agreement to outline ownership percentages, responsibilities, and decision-making processes. 3. **Manager-Managed LLC:** In this structure, managers handle the day-to-day operations of the LLC, and members focus on high-level decisions. It’s a great option if the owners prefer to delegate management duties. Our experienced Glendale LLC formation attorneys can help you understand which type of LLC may be best for your unique needs and goals! While it’s essential to protect your personal assets and enjoy the tax benefits an LLC offers, it’s equally important to ensure your LLC is structured to avoid future conflicts, especially among co-owners. A well-drafted [Operating Agreement](https://azllc.com/oaq/) is critical for this. **Why You Need an Operating Agreement for Your LLC Although Arizona law doesn’t require an [LLC Operating Agreement,](https://legal.thomsonreuters.com/en/insights/articles/what-is-an-operating-agreement) it’s highly recommended. Without one, your LLC will be governed by Arizona’s default LLC laws, which may not reflect your preferences. At KEYTLaw, we’ve drafted over 9,500 LLC Operating Agreements, protecting countless business owners from potential issues. Here are some key reasons why having a well-written Operating Agreement is essential: - **Ownership clarity:** Prevents confusion about who owns what percentage of the LLC. - **Decision-making:** Defines how major decisions are made and how voting will work. - **Protects your business:** Safeguards members and the business from common legal issues, such as disputes over profit distribution, inheritance of ownership, and more. **Why Our Experienced Glendale LLC Formation Attorneys Are Your Best Choice When you choose us for your LLC formation, you’re partnering with a team that genuinely cares about your business’s success. With over 9,500 LLCs successfully formed, we know exactly what it takes to get your LLC structured correctly and efficiently. We also stand behind our services with a 100% satisfaction guarantee. If you’re not satisfied with our work, we’ll refund your formation fee (excluding the filing fee). You won’t find a better value for LLC formation services anywhere else in Arizona! **What You Get When You Choose KEYTLaw** - Personalized guidance and legal support throughout the LLC formation process. - A custom Operating Agreement tailored to protect your business and reduce legal risks. - Competitive pricing and comprehensive service packages to meet your needs. **Let’s Get Started! Ready to form your LLC with a trusted team? [Reach out to us today](https://www.keytlaw.com/contact/) for a free consultation. You can either submit our LLC formation questionnaire online or get in touch directly to begin the process. We’re here to make everything as simple and stress-free as possible! --- ### [Tempe, AZ Wills Lawyers](https://www.keytlaw.com/tempe-az-wills-lawyers/) **Published:** May 7, 2025 **Author:** Richard Keyt **Content:** **Are you planning for the future and wondering how to ensure your assets are passed down according to your wishes? Working with our experienced Tempe wills attorneys can help. At KEYTLaw, we provide legal assistance for creating tailored wills to protect your family and assets.** **Key Takeaways:** - ******Our team helps you create a legal document that outlines your wishes for asset distribution.****** - **KEYTLaw offers personalized legal services to ensure your will reflects your intentions.** - **Planning ahead with a will can save your loved ones from confusion and legal issues later.** What happens to your assets if something happens to you? If you haven’t thought about it, you’re not alone—but now’s a good time to start. At [KEYTLaw](https://www.youtube.com/keytlaw), our skilled Tempe wills attorneys can help you create a will that clearly spells out your wishes and protects the people you care about. Reach out today for a free consultation and take the first step toward peace of mind. [![Tempe Wills Attorneys](https://www.keytlaw.com/wp-content/uploads/2025/05/tempe-az-wills-lawyer.png)](https://www.keytlaw.com/wp-content/uploads/2025/05/tempe-az-wills-lawyer.png) ### **What is a Will?** A will is a legal document that specifies how your assets, property, and personal belongings will be distributed after you pass away. It can also appoint guardians for minor children, name an executor to manage your estate, and address other important matters. By [creating a will](https://www.youtube.com/shorts/vHCwzh15jpM), you ensure that your assets are distributed according to your wishes, avoiding potential family conflicts and legal complications down the road. ### **How KEYTLaw Can Help You Create a Will in Arizona** At KEYTLaw, our father and son team understands that creating a will is a personal and sometimes challenging decision. We are here to provide support, guidance, and legal guidance throughout the entire process. Our team will work with you to: 1. **Discuss your goals and wishes**: We will take the time to understand your priorities, such as how you want your assets divided and who should act as your children’s guardian. 2. **Create a custom will**: Based on your goals, we will draft a will that legally reflects your intentions and is in line with Arizona state laws. 3. **Ensure your will Is legally binding**: We will ensure that your will is properly executed and witnessed according to Arizona’s legal requirements so it holds up in court. 4. **Offer ongoing support**: Life changes, and so can your will. We provide ongoing support to update and modify your will as necessary, so it always reflects your current wishes. ### **What Happens If You Don’t Have a Will?** If you don’t have a will, Arizona law will decide how your assets are distributed, which may not reflect your wishes. This is called intestate succession. Additionally, without a will, the courts may need to appoint a guardian for your children and an administrator for your estate, which can create additional stress for your family. Having a will in place can help your loved ones avoid these complications and ensure that your wishes are followed. Our dedicated Tempe wills attorneys can help you avoid these challenges and protect your family. ### **The Benefits of Working with Our Tempe Wills Attorney** KEYTLaw is a trusted law firm that has been helping families plan for the future for years. Our team is committed to providing personalized, compassionate legal services that are focused on your needs. When you work with us, you can expect: - **Personalized service**: We take the time to understand your specific goals and ensure your will reflects your exact wishes. - **Clear communication**: We explain legal concepts in simple terms, making it easy to understand your options. - **Trusted advice**: With our years of experience, you can count on us to guide you through the legal process efficiently and effectively. ### **Get Started Today – Don’t Wait Until It’s Too Late!** Planning for the future may seem like a daunting task, but it doesn’t have to be. With the right guidance, the process can be straightforward and empowering. With assistance from our knowledgeable team at KEYTLaw, you can ensure your assets are protected, your wishes are clearly outlined, and your family is taken care of—no matter what the future holds. Ready to start planning your will? Contact us today to [schedule a free consultation](https://www.keytlaw.com/contact/) and take the first step toward peace of mind. --- ### [Tempe, AZ Trust Lawyers](https://www.keytlaw.com/tempe-az-trust-lawyers/) **Published:** May 7, 2025 **Author:** Richard Keyt **Content:** **Trusts are essential tools for protecting assets, avoiding probate, and securing your family’s financial future. But how do they work, and which type is right for you? Our experienced Tempe trust attorneys at KEYTLaw in Arizona can help you make informed decisions about your estate plan.** ### **Key Takeaways:** - ******Trusts allow you to manage and distribute assets while bypassing probate.****** - **Different types of trusts, including revocable and irrevocable, offer unique Benefits.** - **Trustees, beneficiaries, and grantors each play a crucial role in trust administration.** Many people assume a will is enough to manage their estate, but trusts offer additional protection and control. A well-structured trust can help ensure your assets are distributed according to your wishes while minimizing legal complications. Our experienced Tempe trust attorneys can help determine the best strategy for your needs. If you have ever considered setting up a trust, or would like more information, call us today to [schedule a free, no-obligation consultation](https://www.keytlaw.com/) and explore your options. ### [![Tempe Trust Attorneys](https://www.keytlaw.com/wp-content/uploads/2025/05/tempe-trst-lawyer.png)](https://www.keytlaw.com/wp-content/uploads/2025/05/tempe-trst-lawyer.png) ### **What Is a Trust?** A trust is a legal arrangement where a grantor transfers assets to a trustee, who then manages them for the benefit of designated beneficiaries. Trusts are used to protect wealth, minimize taxes, and avoid the probate process. ### **Benefits of a Trust** Trusts offer several key advantages over a traditional will, including: - **Avoiding probate:** Since assets in a trust bypass probate court, your beneficiaries can access their inheritance faster and with fewer legal fees. - **Protecting privacy:** Unlike wills, which become public record, trusts remain private. This ensures your estate details are not disclosed. - **Controlling asset distribution:** Trusts allow you to specify when and how beneficiaries receive their inheritance, preventing misuse. - **Reducing estate taxes:** Certain trusts can lower estate tax liability, helping preserve more wealth for your heirs. - **Shielding assets from creditors:** Some types of trusts can protect assets from lawsuits, creditors, or divorce settlements. By setting up a trust, you gain control over your estate and ensure your loved ones are financially secure. ### **Types of Trusts Explained** Trusts generally fall into two main categories, each offering distinct advantages. #### **Revocable Trusts** A revocable trust, also called a living trust, allows the grantor to retain control over assets and modify the trust as needed. It provides flexibility while helping avoid probate, making it a popular estate planning tool. #### **Irrevocable Trusts** An [irrevocable trust](https://www.investopedia.com/terms/i/irrevocabletrust.asp) cannot be altered once created, but it offers stronger asset protection and potential tax benefits. These trusts are commonly used to protect assets from creditors or reduce estate tax burdens. Depending on your financial goals, additional specialized trusts—such as special needs trusts or charitable trusts—may also be beneficial. Our Tempe trust attorneys can help you determine which type of trust is best for your goals! ### **Reasons Not to DIY Your Trust** #### **1. Updating your will doesn’t update your trust** Many assume updating a will adjusts their trust—it doesn’t. A trust is a separate legal entity, and DIYers often overlook this. Without proper updates, assets may be distributed incorrectly, leaving your estate vulnerable. #### **2. Small mistakes cause big problems** Trust law is complex, and DIY templates don’t account for state laws or personal needs. A simple mistake—like vague wording or failing to fund the trust—can lead to probate or legal disputes, defeating the trust’s purpose. #### **3. Trusts require ongoing management** A trust isn’t “set and forget.” Laws, finances, and family dynamics change. Unlike a will, which can be adjusted with a codicil, a trust often needs a full restatement. A professional keeps it effective over time. DIY may seem cheaper but often leads to costly problems. Our attorneys ensure your trust is legally sound and built to last. ### **Allow Our Tempe Trust Attorneys to Create a Trust That Gives You Peace of Mind** A well-drafted trust provides financial security, protects your assets, and ensures your wishes are carried out. Whether you want to avoid probate, minimize taxes, or control how your wealth is distributed, trusts offer a strategic advantage. If you’re ready to create a trust tailored to your needs, [contact our team at KEYTLaw](https://www.keytlaw.com/contact/) in Arizona today. Schedule a free consultation to discuss your estate planning options and take the next step in securing your legacy. --- ### [Arizona Beneficiary Deed](https://www.keytlaw.com/arizona-beneficiary-deed/) **Published:** June 3, 2025 **Author:** Richard Keyt **Content:** # Understanding Arizona Beneficiary Deeds: A Powerful Estate Planning Tool When it comes to estate planning in Arizona, a **Beneficiary Deed** is a simple, cost-effective way to transfer real property to loved ones without going through probate. At KEYTLaw, we help Arizona residents strategically use beneficiary deeds to ensure their real estate passes smoothly to their chosen beneficiaries. To hire me to prepare an Arizona Beneficiary Deed for $495 complete and submit my online [Arizona Beneficiary Deed Prep](http://www.arizona-wills.com/deed/)[ar](http://www.arizona-wills.com/deed/)[ation Agreement](http://www.arizona-wills.com/deed/). --- ## ✅ What Is an Arizona Beneficiary Deed? An **Arizona Beneficiary Deed** (also called a **Transfer on Death Deed**) allows a property owner to name one or more people (beneficiaries) who will automatically receive title to the property upon the owner’s death. Unlike a will, this deed **avoids probate** entirely for the property it covers. **Key Statute:** [A.R.S. § 33-405](https://www.azleg.gov/ars/33/405.htm) --- ## 📜 Requirements for a Valid Arizona Beneficiary Deed To be valid in Arizona, a beneficiary deed must meet these conditions: - The deed must be **signed by the property owner** and **notarized**. - It must **state the intent** to transfer the property at death. - The deed must **clearly name the beneficiaries**. - It must be **recorded in the county** where the property is located **before the owner’s death**. > ⚠️ If not recorded before death, the deed is void and the property must go through probate. --- ## ⚖️ Advantages of Using a Beneficiary Deed - **Avoids Probate:** The property passes to the named beneficiaries outside of the court system. - **Low Cost:** No need for a trust or expensive legal proceedings. - **Revocable:** The deed can be changed or revoked at any time before death. - **Maintains Control:** The owner retains full rights, including the right to sell or refinance. --- ## 🚫 What a Beneficiary Deed Does NOT Do A beneficiary deed **only transfers real estate**. It does not affect: - Bank accounts - Vehicles - Personal property - Business interests Those assets require separate planning tools like payable-on-death accounts, trusts, or wills. --- ## 🏘️ What Kind of Property Can Be Transferred? - Homes - Vacation properties - Rental properties - Undeveloped land - Commercial real estate So long as the real estate is located in Arizona, it qualifies for transfer via a beneficiary deed. --- ## 👪 Who Can Be Named as a Beneficiary? You can name any of the following: - **Individuals** (e.g., children, spouse, siblings) - **Multiple people** (e.g., “to my three children in equal shares”) - **Organizations** or **nonprofits** - A **trust** - Your **LLC** or business entity > ✅ *Pro tip:* Always list **alternate beneficiaries** in case a named individual predeceases you. --- ## 📉 What If a Beneficiary Dies Before You? If a named beneficiary dies before the property owner and no alternate is listed, that person’s share lapses. Arizona law does **not** automatically pass the share to the beneficiary’s children unless a survivorship clause is included. --- ## 🔁 Can a Beneficiary Deed Be Changed? Yes. As long as the owner is alive and mentally competent, they can revoke or replace a previously recorded beneficiary deed by: 1. **Recording a new beneficiary deed**, or 2. **Recording a formal revocation** of the prior deed --- ## 📝 Sample Use Case of a Beneficiary Deed **Scenario:** John owns a house in Scottsdale. He wants it to go to his daughter Anna when he dies, but he doesn’t want her to go through probate. **Solution:** John executes and records a beneficiary deed naming Anna. When John dies, Anna files a death certificate with the county recorder and the title automatically transfers to her. --- ## 🧾 What Happens at Death? Upon the owner’s death: 1. The beneficiary files a **certified death certificate** with the county. 2. The title to the property is transferred. 3. No court approval is required. 4. Title insurance and a new deed may be prepared in the beneficiary’s name. --- ## 🧑‍⚖️ Why We Recommend Legal Help While a beneficiary deed is relatively simple, improper drafting or recording can lead to serious problems: - **Invalid deeds** - **Accidental disinheritance** - **Title issues** At KEYTLaw, we draft custom, legally sound Arizona beneficiary deeds tailored to your unique goals. We ensure they’re properly executed and recorded. --- ## 💬 Common Mistakes to Avoid MistakeWhy It MattersNot recording the deedIt becomes void and probate is requiredNaming minors as beneficiariesMinors cannot take title directlyOmitting alternate beneficiariesIf one dies, their share may not pass as intendedAssuming the deed covers other assetsIt applies **only** to real estateRelying on free or generic formsRisk of incomplete or invalid deed --- ## 📌 When Is a Trust Better Than a Beneficiary Deed? A **revocable living trust** may be better if: - You own property in **multiple states** - You want **asset protection** or **ongoing control** after death - You have **minor children** or beneficiaries with special needs - You want to avoid **public disclosure** Still, many Arizona residents use **both** a trust and a beneficiary deed to achieve layered estate planning. --- ## 📅 Take the Next Step: Record Your Arizona Beneficiary Deed Today At KEYTLaw, we make it fast and easy to protect your property and your loved ones. Whether you want to draft a standalone beneficiary deed or include it in a comprehensive estate plan, we’re here to help. ### 🔗 Book a Free Consultation Today --- ## 🧠 FAQs About Arizona Beneficiary Deeds **Q: Can I name multiple beneficiaries?** **A:** Yes, and you can specify percentages (e.g., 50% to each of two children). **Q: Will the deed trigger a gift tax?** **A:** No. A beneficiary deed is not a completed gift until your death. **Q: Can I use it with a mortgage on the property?** **A:** Yes. The mortgage remains attached to the property. **Q: Does the beneficiary need to sign anything now?** **A:** No. The beneficiary’s consent is not required during your lifetime. --- ## 📍 Why Choose KEYTLaw? - Arizona estate planning attorneys with decades of experience - Over 700**+** estate plans prepared - Flat fee pricing—no surprises - **Online scheduling**, phone, video, or in-person meetings --- ### Final Thought An Arizona Beneficiary Deed is one of the most powerful estate tools you can use to avoid probate for real estate. It’s simple, inexpensive, and can save your loved ones time, money, and stress. Let us help you make sure it’s done right. 👉Book a free phone, office or Zoom video meeting now at [www.keytlaw.com/calendar](http://www.keytlaw.com/calendar) --- ### [Wear Clean Underwear](https://www.keytlaw.com/wear-clean-underwear/) **Published:** June 8, 2025 **Author:** Richard Keyt **Content:** ## Wear Clean Underwear Book is Written for People Like You - Get the crucial legal lowdown you need to know to protect your kids. - Discover how to pass on what really matters most – no matter how much money you have. - Know for sure that you’ve done right by the people you love. - All in an easy-to-read “choose your own adventure” style book. Story 1: Sara & Carlos have minor children at home. Story 2: Chelsea & Alex have resources and want to know how to preserve those resources for generations to come. Story 3: You & Aiko don’t have many resources, but want to know what their options are. “A book that is sure to stick, *Wear Clean Underwear* is part story, part education, and pure brilliance.” — Michael Gerber, Father and bestselling author of *The E-Myth Revisited* “*Wear Clean Underwear* is a must-read for busy parents who want the straight facts about must-do legal planning for their children.” — Julie Hall, The Estate Lady®, Author of *The Boomer Burden* “As parents, we spend so much time and effort on how to prepare our children for the future, yet we often overlook the reality of how to protect and secure our children’s future if we’re no longer around. Using compelling stories, Ali Katz reveals the critical steps parents must address to plan effectively for their children’s future. An eye-opening and much-needed guide!” — Carolyn Ellis, Author of *The 7 Pitfalls of Single Parenting: What To Avoid To Help Your Children Thrive After Divorce* --- ### [Wills, Trusts & Estate Plans that Protect Your Loved Ones](https://www.keytlaw.com/estateplans/) **Published:** June 18, 2025 **Author:** Richard Keyt **Content:** ## Wills, Trusts & Estate Plans that Protect Your Loved Ones Resumes of Scottsdale, Arizona, estate planning attorney [Richard Keyt](https://www.keytlaw.com/richard-keyt/) and his estate planning attorney son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/). ## **Our Estate Plan Services** - See the fees & the [36 documents & services contained in our custom estate plan with a revocable living trust](https://www.keytlaw.com/ep-contents/) - [Book a free office, phone, or Zoom video meeting](https://www.keytlaw.com/calendar) with one of our estate planning attorneys to get answers to your questions about wills, trusts, and estate planning to protect your loved ones. You can also call our legal assistant Michelle Watkins at 480-664-7413 to book an appointment. - Before your free estate plan meeting, complete and submit our online estate plan information [questionnaire](https://www.keytlaw.com/epq). ## **Wills, Trusts & Estate Plan Articles** - [Arizona Residents: Learn Who Will Inherit Your Assets if You Die without a Will or a Trust](https://www.keytlaw.com/who-inherits/) - [Arizona Estate Planning FAQs](http://www.arizona-wills.com/ep-faq/) – Answers to frequently asked questions about Arizona wills, trusts, and estate planning. - [What is a Revocable Living Trust?](https://www.keytlaw.com/ep4/) - [Asset Protected Irrevocable Trusts](https://www.keytlaw.com/asset-protected-trusts/). Arizona law does not permit individuals to create a revocable or an irrevocable trust that shields assets in the trust from the trust maker’s creditors. A trust that protects trust assets from the beneficiary’s creditors and ex-spouses is an irrevocable trust created and funded by somebody other than the beneficiary. - [Why Shopping for the Cheapest Estate Plan is a Mistake](https://www.keytlaw.com/cheapest-estate-plan/) - [5 Ways an Inexpensive Estate Plan Could Fail & Create a Big Mess for Your Family](https://www.keytlaw.com/5-ways/) - [6 Major Mistakes Families Make Choosing an Estate Planning Attorney](https://www.keytlaw.com/six-mistakes/) - [Kids Protection Planning Guide – 9 Steps](https://www.keytlaw.com/kids-protection-guide/) - [6 Mistakes Parents Make When Naming Guardians of Minor Children](https://www.keytlaw.com/6-mistakes/) - [7 Must-Do’s When Naming Guardians for Your Kids](https://www.keytlaw.com/7-must-dos/) - [Our Free Kids Protection Plan](https://keytlaw.kidsprotectionplan.com/) – Go here to name guardians for your minor children today. It’s free and easy. - [Wear Clean Underwear](https://www.keytlaw.com/wear-clean-underwear/): Download and read this book written by my mentor Ali Katz. As parents, we spend so much time and effort on how to prepare our children for the future, yet we often overlook the reality of how to protect and secure our children’s future if we’re no longer around. Using compelling stories, Ali Katz reveals the critical steps parents must address to plan effectively for their children’s future. An eye-opening and much-needed guide! - Get the crucial legal lowdown you need to know to protect your kids - Discover how to pass on what matters most – no matter how much money you have - Know for sure that you’ve done right by the people you love - All in an easy-to-read “choose your own adventure” style book - [Benefits of an Arizona Beneficiary Deed](https://www.keytlaw.com/ep-arizona-beneficiary-deeds/) that transfers Arizona real estate automatically on the death of the owner(s) without the need for an expensive Superior Court probate to the person, people, or entity named in the deed. - Buy one or more Arizona Beneficiary Deeds by submitting our online [Arizona Beneficiary Deed Questionnaire](http://www.arizona-wills.com/deed/). - [Arizona’s Law of Intestate Succession](https://www.keytlaw.com/intestate-succession/). This is Arizona’s law that provides who inherits the assets of an Arizona resident who died without a will or a trust. ## **More Estate Planning Articles** - [What is a Will?](http://www.arizona-wills.com/what-is-will/) You probably know that a Will is a document in which you name who will receive your property after your death. Do you know the other important functions a Will serves? How about what happens if you don’t have a Will? - [For a Will to be Valid, What Does Arizona Law Require?](http://www.arizona-wills.com/valid-will-requirements/) – Every state has different rules when it comes to estate planning. If you’re going to create an Arizona Will, you should know what Arizona law requires for the Will to be valid. - [Choosing Who Will Inherit Your Personal Property: A Personal Property Memorandum ](http://www.arizona-wills.com/personal-property-memorandum/)– If you have items of tangible property that you want to go to specific people, a Personal Property Memorandum is the place to write it down. And, with a Personal Property Memorandum, you can change your mind without having to see a lawyer to amend your Will. - [7 Secrets of a Successful Will](http://www.arizona-wills.com/7-will-secrets/)– Fix potential problems with your Will today, since you won’t be around to fix them when they arise. - [Top 10 Most Common Questions People Ask About Wills](http://www.arizona-wills.com/wills-faq/) – Who needs a Will? Does it need to be witnessed? Can a Will be changed? What happens if I don’t have one? - [Non-lawyers Preparing Wills](http://www.arizona-wills.com/az-wills/franklin-case/) – This woman hired a non-lawyer to draft her Will. After her death, her family wound up in court fighting about the estate – something that everyone should try to avoid. - [Healthcare Power of Attorney](http://www.arizona-wills.com/healthcare-poa/) – If you are sick or injured and unable to make your own healthcare decisions, who will make them for you? With a Healthcare Power of Attorney, you decide. Without a Healthcare Power of Attorney, a court will decide—and it won’t be cheap. - [Living Wills](http://www.arizona-wills.com/living-wills/) – Remember Terri Schaivo? After a heart attack, Terri was left in a persistent vegetative state. Terri’s story made national headlines because her husband and parents couldn’t agree on what Terri herself would have wanted. Did Terri want to be kept alive artificially in her condition? Or did Terri want to refuse the aggressive medical treatment and die naturally? Since Terri didn’t have a Living Will, Terri didn’t get to make that decision. - [HIPAA Authorization](http://www.arizona-wills.com/hipaa/) – Federal healthcare privacy laws (HIPAA) prohibit medical providers from disclosing your medical information without your permission. But what if you’re unable to give permission because you’re sick or injured? You probably want a loved one to be informed of your medical condition so they can make healthcare decisions for you. If you become incapacitated, a HIPAA authorization allows your medical providers to give medical information to a person that you choose. - [Financial Power of Attorney](http://www.arizona-wills.com/financial-poas/) – We all have financial obligations. Unfortunately, they don’t go away if you become incapacitated. If you are unable to handle your own finances, who will do it for you? With a Financial Power of Attorney, you can pick an agent to manage your finances – and pay the bills – when you can’t do so yourself. - [Understanding the Significance of Trusts](http://www.arizona-wills.com/understanding-trusts/) – An explanation of basic concepts of revocable and irrevocable trusts. - [Trust Incentive & Disincentive Provisions](http://www.arizona-wills.com/trust-incentives-disincentives) – Sample optional trust incentive and disincentive provisions. - [Arizona Trust Companies](http://www.arizona-wills.com/arizona-trust-companies) – A list of Arizona trust companies KEYTLaw recommends if you plan to name an institutional trustee. - [NFA Gun Trusts](http://www.arizona-wills.com/gun-trusts/) – A resource for Arizona residents to understand the NFA, Title II firearms, and how and when to use a gun trust to own and use Title II firearms. - [IRA Inheritance Trust®](http://www.arizona-wills.com/ira-trust/) – A new type of trust called the IRA Inheritance Trust® can ensure your beneficiaries stretch-out distributions over their lives for tax-free growth to maximize wealth accumulation and to provide asset protection if necessary. - [Pet Trusts](http://www.arizona-wills.com/pet-trusts/) – Since pets are our furry “kids,” it makes sense to protect them just like our human children. Often, pets are left scared and forgotten after a tragedy. Some might even end up in shelters, or worse. Don’t leave Fido and Fluffy out of your estate plan – protect them with a Pet Trust - [Special Needs Trusts](http://online.wsj.com/article/SB122351155944317491.html) – This Wall Street Journal article sheds light on this important type of trust for individuals with special needs. - [Caring for Fluffy and Fido After You’re Gone](http://www.arizona-wills.com/pet-trusts/) – You can make sure your pet has the best possible care with a pet trust. - [Beneficiary Designations](http://www.arizona-wills.com/beneficiary-designations/) – Do you remember filling out a form naming your beneficiary when you set up your retirement account or purchased your life insurance policy? Do you remember who you wrote down? Since life insurance and retirement accounts are often some of the largest assets people own, designating the right beneficiaries is a critical part of estate planning. - [Estate Planning When a Spouse Is Not a U.S. Citizen](http://www.americanbar.org/content/newsletter/publications/law_trends_news_practice_area_e_newsletter_home/0501_estate_estateplanning.html) – Ten things everyone should know about estate planning for non-U.S. citizens. - [Arizona Beneficiary Deeds](http://www.arizona-wills.com/arizona-beneficiary-deeds/) – Use a Beneficiary Deed to avoid probate of Arizona real property. - [Arizona Beneficiary Deed Preparation Service](http://www.arizona-wills.com/beneficiary-deed-prep/) – An explanation of KEYTLaw’s low-cost Beneficiary Deed preparation service. - [How to Hire KEYTLaw to Prepare an Arizona Beneficiary Deed](http://www.arizona-wills.com/deed/) – Complete our online Arizona Beneficiary Deed Service Agreement, print and sign the document and then send it to us with payment of $195 per Beneficiary Deed. - [Transfer Your Vehicle Probate-Free](http://www.arizona-wills.com/transfer-vehicles/) – Arizona law allows you to transfer the title to your vehicle upon death to one or more beneficiaries of your choice. This estate planning tool is easy and inexpensive, and we’ll tell you how to take advantage of it. - [Intestate Succession](http://www.arizona-wills.com/intestate-succession/) – What happens if you die without a Will? Your property will be distributed in accordance with Arizona’s laws of intestate succession. This article explains how it might work in your situation. - [How to Hold Property](http://www.arizona-wills.com/how-to-hold-property/) – A description of the various ways to hold property, including joint tenants with right of survivorship, community property with right of survivorship, tenants in common, and tenancy by the entirety. - [Would You Perform Surgery On Yourself? Do-It-Yourself Estate Planning Mistakes](http://www.arizona-wills.com/diy-top-5-mistakes/) – KEYTLaw’s top 5 reasons to avoid DIY estate planning. This is a must-read article for anyone considering DIY estate planning. - [Anna Nicole Smith’s Will: The Saga Continues For Her Family](http://www.arizona-wills.com/az-wills/anna-nicole-smith-will) – A great example of a bad estate plan. - [How Do I Protect My Loved Ones with an Estate Plan and Avoid the High Cost of Procrastination and Neglect](http://www.arizona-wills.com/why-you-need-ep/) – How your family may suffer severe financial loss if you die or become incapacitated without a comprehensive estate plan. - [How Do I Handle A Deceased Family Member’s Facebook Account](http://www.arizona-wills.com/facebook-after-death/ "How Do I Handle A Deceased Family Member’s Facebook Account?") – Instructions on how to memorialize and remove a loved one’s Facebook account, who can memorialize and remove an account, and tips for copying media before removing an account. - [How Do I Transfer Real Property Into A Trust](http://www.arizona-wills.com/arizona-beneficiary-deeds/) – An introduction to Arizona Beneficiary Deeds, when one is appropriate, the benefits and drawbacks to using a Beneficiary Deed, and forms provided by statute. - [How to Hire KEYTLaw to Prepare an Arizona Beneficiary Deed](http://www.arizona-wills.com/deed/) – Complete our online Arizona Beneficiary Deed Service Agreement, print and sign the document, and then send it to us with payment of $495 per Beneficiary Deed. - [Arizona Estate Planning FAQ](http://www.arizona-wills.com/ep-faq/) – Answers to frequently asked questions about Arizona Wills, Trusts, and Estate Planning. - [Who Gets My Property If I Die Without A Will or Trust?](http://www.arizona-wills.com/intestate-succession/) – Your property will be distributed according to the laws of intestate succession. Learn more about what might happen if you die without a Will or Trust in Arizona. - [Traditional IRA Distribution Flowchart](http://www.keytlaw.com/iratrust/iraflowchart.pdf) – This chart outlines the various distribution options available to beneficiaries of your traditional IRA after your death. - [Roth IRA Distribution Flowchart](http://www.keytlaw.com/iratrust/rothflowchart.pdf) – Like the Traditional IRA Distribution Flowchart, this chart shows you the distribution choices the beneficiaries of your Roth IRA will have to make. --- ### [Six Major Mistakes Families Make Choosing an Estate Planning Attorney](https://www.keytlaw.com/six-mistakes/) **Published:** June 22, 2025 **Author:** Richard Keyt **Content:** \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [About the Keyts](https://www.keytlaw.com/ep10/) **Published:** August 12, 2024 **Author:** Richard Keyt **Content:** My son Ricky and I are Arizona wills, trusts, and estate planning lawyers. We would love to prepare your estate plan documents. I suspect you are wondering why you would hire us. Here are some reasons. - We prepare wills, trusts, and estate planning documents to protect your most valuable assets, your loved ones. - We have 309 [five star Google reviews](https://birdeye.com/keytlaw-llc-147983304225680) because people love our reasonably priced legal services. - I’ve been practicing law in Arizona since 1980 and **estate planning law since 2001**. See [my bio](https://www.keytlaw.com/attorneys-staff/richard-keyt/). - I have a master’s degree in federal income tax law (LL.M.) from the New York University School of Law. - I’ve been married to my college girlfriend since 1972. We have two daughters, a son, six grandchildren, and two dogs. All three of our kids graduated from Arizona State University. - [Ricky](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) has an undergraduate degree in accounting from Arizona State University and a master’s degree in accounting from Notre Dame University. He was a CPA for a national accounting firm before he became an Arizona attorney. Ricky has been practicing estate planning law with me since he graduated from ASU’s law school in May of 2012. - We offer a [free estate planning consultation](https://www.keytlaw.com/calendar) (in office, via Zoom video or by phone) to learn about you and your loved ones and your concerns, to answer any questions you have and design an estate plan that will carry out your goals for your family. - We don’t charge to answer estate plan-related questions before or after you hire us. - We’ve created an estate planning website at [www.azestateplans.com/](https://www.azestateplans.com). It is an ebook my son and I wrote called “***Family Asset Protection***.” If you are thinking of hiring somebody else to prepare your estate plan, ask them how many books they have written about wills, trusts, and estate planning. - The trust agreement we give our clients has been reviewed and used by 5,200+ estate planning lawyers who are members of [WealthCounsel](https://www.wealthcounsel.com/). I’ve been a member of WealthCounsel and have used it to prepare our trusts and other estate plan documents since 2005. WealthCounsel makes the state-of-the-art estate plan drafting software we use to make our trusts and all of our other estate planning documents. If you are considering hiring another person to draft your trust ask that person how many estate planning attorneys have reviewed and used their trust and ancillary documents. Over 5,200 estate planning lawyers have reviewed our trust agreement and over 100 Arizona estate planning attorneys have reviewed our ancillary Arizona documents. --- ### [Chandler, AZ](https://www.keytlaw.com/chandler-az/) **Published:** November 25, 2024 **Author:** Richard Keyt **Content:** Chandler, AZ, is a thriving city with a population of over 280,000, blending a tech-driven economy with vibrant, family-friendly neighborhoods. As part of the Phoenix metro area, it’s the perfect place to build your life—but it’s also crucial, if you live here, to protect your life, and your family’s future, with a custom estate plan. If you live in Chandler, creating an estate plan ensures your assets are protected, your wishes are honored, and your loved ones are spared unnecessary legal stress. At KEYTLaw, we bring over 50 years of combined estate planning experience to help you secure your legacy and protect what matters most. Let us help you build peace of mind by scheduling a free consultation today! [![Chandler, AZ ](https://www.keytlaw.com/wp-content/uploads/2024/11/chandler-az.jpg)](https://www.keytlaw.com/wp-content/uploads/2024/11/chandler-az.jpg) --- ### [Hire the Keyts to Prepare a Trust Agreement](https://www.keytlaw.com/trust-agreement/) **Published:** October 3, 2024 **Author:** Richard Keyt **Content:** To hire Richard Keyt and his son Richard C. Keyt to prepare a Trust Agreement, a Certification of Trust, and an article called “Funding Your Trust from A to Z,” for $2,497 complete and submit this questionnaire. ### Questionnaire for a Revocable Living Trust Questionnaire Date(Required) What You Will Get For $2,497, we will prepare and give you the following documents: (1) a new or an amended and restated revocable living trust agreement, (2) a Certification of Trust, and (3) an article called Funding Your Trust A to Z. How did you hear about us? Existing client Referral Web search FaceBook Instagram LinkedIn Other None of the above Who referred us to you?(Required) What terms did you search?(Required) Purpose of This Questionnaire This questionnaire collects the information we need to prepare your revocable living trust. Your Marital Status(Required) Single Married Who is buying our estate plan documents?(Required) My spouse and I Only me, but not my spouse ### Section 1 General Information Your Legal Name(Required) Prefix Mr.Mrs.MissMs.Dr.Prof.Rev. First Middle Last Suffix Your Preferred Phone Number(Required) Your Nickname, if any? Your Email Address(Required) Enter Email Confirm Email When you click on the submit button below we will email this Questionnaire and all the information you entered to this email address. Your Mailing Address(Required) Street Address Address Line 2 City State AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific ZIP Code Your Gender(Required) Male Female Your Birth Date Your Citizenship(Required) I am a U.S. citizen I am not a U.S. citizen What is Your Country of Citizenship?(Required) When Were You Married?(Required) ### 1.a. Spouse's Information Spouse's Legal Name Prefix Mr.Mrs.MissMs.Dr.Prof.Rev. First Middle Last Suffix Spouse's Nickname, if any? Spouse's Preferred Phone Number Spouse's Email Address Spouse's Gender Male Female Spouse's Birth Date Spouse's Citizenship(Required) Spouse is a U.S. citizen Spouse is not a U.S. citizen What is your Spouse's Country of Citizenship?(Required) Do You & Your Spouse Have a Pre or Post Nuptial Agreement?(Required) Yes and I will email a copy of the agreement to Richard C. Keyt at rck@keytlaw.com No ### Section 2. Children Information Which Statement Applies to You & Your Spouse? I am the only one who has any children My spouse is the only one who has any children All of my children and my spouse's children are our children. My spouse and I have children together, but one or both of us has one or more children with a different person. Neither of us has any children Do You Have any Children? Yes No Legal Names of Your ChildrenChild's Name Birth Date Alive (A) or Deceased (D) Add Remove Enter information for your children. If you have more than one child click on the + sign to add another row. Legal Names of All Your ChildrenChild's Name Birth Date Alive (A) or Deceased (D) Add Remove Enter information for your children. If you have more than one child click on the + sign to add another row. Legal Names of Your Children & Your Spouse's ChildrenChild's Name Birth Date Alive (A) or Deceased (D) Add Remove Enter information for your children. If you have more than one child click on the + sign to add another row. Legal Names of Your Spouse's ChildrenChild's Name Birth Date Alive? Add Remove Enter information for each of your spouse's children who are not your children. If your spouse has more than one child who is not your child click on the + sign to add another row. In the Alive field enter A for alive or D for deceased. Legal Names of All ChildrenChild's Name Birth Date Alive? Child of H or W? Add Remove Enter information for the children. Click on the + sign to add another row. In the Alive field enter A for alive or D for deceased. In the child of field enter H for husband's child and/or W for wife's child. ### 3. People Named in Your Trust People named in the fields below will be displayed in later questions so you can pick names from a list instead of typing the name each time. Enter spouse in the first field on the left. In other fields enter the legal names of people you will name later in this questionnaire to be named as successor trustees. If you want two people to serve at the same time enter their names in the same field. If you have more than four names click on the + symbol on the far right of the column to add another row. List All People Who Will be Named Later in This Questionnaire(Required)1st Person 2nd Person 3rd Person 4th Person Add Remove Click on the + symbol to add fields for additional people. ### Section 4. Your Revocable Living Trust About Trusts, Trustees & Successor Trustees The trust is the primary document and key to your estate plan. Assets owned by the trust avoid probate on death and can provide asset protection for the beneficiaries. See our [brief article](https://www.arizona-wills.com/about-trusts/) to learn more about revocable living trusts, irrevocable trusts, trustees and successor trustees. Trusts & Asset Protection The trust we create for you is a revocable living trust. You will be the trust maker, trustee and current beneficiary. Because the trust is revocable (meaning it can be amended) the trust does not protect your assets. When you die your trust provides that an irrevocable asset protected trust be created for each heir that does not get outright distributions of the heir's inheritance. Do You Have an Existing Trust? Yes No What Happens to Your Existing Trust If you hire us to update your trust we will amend and restate your trust. This means your trust retains its name, creation date and trustees. The updated trust will replace all of the words in your existing trusts with new words. The end result is you will have an updated trust and will not have to change the ownership or title of any of your existing trust's assets. Exact Name of Your Existing Trust(Required) Date of Your Existing Trust(Required) Names of the Trustee(s) of Your Existing Trust Please Deliver a Copy of Your Existing Trust to the Keyts(Required) Email a copy of your trust agreement and all amendments to Richard C. Keyt at rck@keytlaw.com. You can also mail the document to Richard C. Keyt, 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258. Which Statement Applies to Your Trust?(Required) We want a joint trust in which both spouses are trustmakers, trustees and current beneficiaries. Each spouse will have a separate trust in which the spouse will be the sole trustmaker, trustee and current beneficiary. Name of Your New Trust?(Required) Naming a trust is like naming a child. You can call it anything and you do not need the permission of the government. We recommend that you not put your name in the trust's name because sometimes your trust name may be on a public record and if your name is in the trust name the public will know who created your trust. Example 1: Homer & Marge Simpson Trust (no confidentiality). Example 2: Camelback Mountain Trust (confidentiality). Who Inherits the Assets in Your Trust after Your Death?(Required) Who Inherits Assets in Your Trust after Your Death?(Required) Name of Your Spouse's New Trust?(Required) Who Inherits Assets in Your Trust after Your Death?(Required) Who Inherits Your Trust's Assets after You and Your Spouse Die?(Required) Who Inherits the Assets in Your Spouse's Trust after Your Spouse's Death?(Required) What Happens to a Gift to a Prospective Heir If the Prospective Heir Were to Die?(Required) The gift goes equally to the children of the deceased heir, but if the deceased heir has no children then the gift goes equally to the other living heirs. The gift lapses and goes equally to the other living heirs None of the above Describe What Happens to a Gift if a Prospective Heir Dies? Is there an Heir Who Should Never Be Trustee of His or Her Trust?(Required) Yes No Name Heirs Who Can Never be the Trustee of His or Her Trust.(Required) When Can an Heir (Other than an Heir Named in the Preceding Field) Become the Trustee of His or Her Trust?(Required) Unless you provided for distribution of assets immediately after funding a trust created for a beneficiary after your death a trust will be created for each beneficiary to hold the assets inherited by the beneficiary for the life of the beneficiary. Initially after creating and funding a beneficiary's trust the successor trustee will be the trustee of the beneficiary's trust. Unless you know that a beneficiary should never be the trustee of his or her trust you can allow the beneficiary to become trustee of his or her trust when the beneficiary reaches a specified age. At what age to you want to allow a trust beneficiary to become the trustee of his or her trust? Do You Want to Disinherit Anybody?(Required) Yes No Who Do You Want to Disinherit?(Required) Does Your Spouse Want to Disinherit Anybody?(Required) Yes No Who Does Your Spouse Want to Disinherit?(Required) Name(s) of Successor Trustee(s) of Your Trust(Required)1st Successor Trustee 2nd Successor Trustee 3rd Successor Trustee Add Remove Name of the person(s) or trust company you want to become the trustee or co-trustees of your trust if you die or lose your mental capacity. You must name at least one successor trustee. You can have two people serve as co-trustees by naming both people in the same field. If you are not sure who to name at this time enter "not sure" in the name field and you can let us know later. If you want to name more than three successor trustees click on the + icon on the right of the column to add another row. Name(s) of Successor Trustee(s) of Your Spouse's Trust(Required)1st Successor Trustee 2nd Successor Trustee 3rd Successor Trustee Add Remove Name of the person(s) or trust company your spouse wants to become the trustee or co-trustees of your spouse's trust if your spouse died or loses his/her mental capacity. You spouse must name at least one successor trustee. Your spouse can have two people serve as co-trustees by naming both people in the same field. If your spouse is not sure who to name at this time enter "not sure" in the name field and your spouse can let us know later. If you want to name more than three successor trustees click on the + icon on the right of the column to add another row. Name(s) of Successor Trustee(s) of the Trust On Death of Second Spouse(Required)1st Successor Trustee 2nd Successor Trustee 3rd Successor Trustee Add Remove Name of the person(s) or trust company you want to become the trustee or co-trustees of the trust if you and your spouse were to die or lack mental capacity. You must name at least one successor trustee. You can have two people serve as co-trustees by naming both people in the same field. If you are not sure who to name at this time enter "not sure" in the name field and you can let us know later. If you want to name more than three successor trustees click on the + icon on the right of the column to add another row. Do You Have an Additional Information You Want to Tell the Keyts?(Required) Yes No Additional Information ### Your Next Steps Step 1: Make an Appointment for Your Free Estate Plan Consultation Your next step is to schedule an appointment with Richard Keyt for your free in office (7373 E. Doubletree Ranch Road, Suite 135, Scottsdale), phone or video estate plan consultation to answer your questions and go over your questionnaire. Go to Richard's online calendar at [www.keytlaw.com/calendar](https://www.keytlaw.com/calendar) and make an appointment with Richard. Plan on spending 30 minutes. Step 2: Pay Your $2,497 Fee To pay the $2,497 fee for the trust go to our secure [online payment page](https://www.keytlaw.com/pay/) or call our legal assistant Michelle Watkins at 480-664-7413 and give her your card information. Step 3: After Your Free Initial Consultation in Step 1 Make an Appointment to Sign Your Documents Make an appointment with Richard C. Keyt (480-664-7472 & rck@keytlaw.com) to sign your documents in our office at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258. Go to Richard's [online calendar](https://www2.apptoto.com/b/rckepsign/) and make an appointment. Plan on spending 30 minutes. Submit this Questionnaire Save and Continue Later --- ### [Mesa, AZ](https://www.keytlaw.com/mesa-az/) **Published:** October 30, 2024 **Author:** Richard Keyt **Content:** Mesa, Arizona’s 3rd most populated city, is located just east of Phoenix in the heart of the East Valley. With a population of over 500,000, Mesa is known for its vibrant cultural scene, historical landmarks, and outdoor recreational areas like Usery Mountain Regional Park. At KEYTLaw, we are proud to provide residents of Mesa with comprehensive estate planning services tailored to their unique needs. Whether you need help creating a will, setting up a trust, or protecting assets for future generations, we are here to guide you every step of the way. Our team focuses on clear communication and personalized service to help you achieve peace of mind, knowing your wishes are legally protected. Contact us today to discuss your estate planning needs and secure your family’s future. [![Mesa, AZ](https://www.keytlaw.com/wp-content/uploads/2024/10/mesa-az.jpg)](https://www.keytlaw.com/wp-content/uploads/2024/10/mesa-az.jpg) --- ### [Mesa, AZ Estate Planning Lawyers](https://www.keytlaw.com/mesa-az-estate-planning-lawyers/) **Published:** October 30, 2024 **Author:** Richard Keyt **Content:** Estate planning is a critical aspect of ensuring your family’s future is secure, yet many people delay addressing this essential task. Whether it’s the discomfort of confronting mortality or simply not knowing where to start, it’s common to put off creating a comprehensive estate plan. However, putting your affairs in order now can provide invaluable peace of mind and financial security for your loved ones. At KEYTLaw, our Mesa estate planning lawyers have extensive experience guiding Arizona residents through the estate planning process, making it as seamless and stress-free as possible. Whether you need a will, trust, or a durable power of attorney, we are here to help you protect your assets and ensure that your wishes are honored. Don’t wait any longer to protect your family and legacy. Contact KEYTLaw today to [schedule a free consultation](https://www.keytlaw.com/) with one of our experienced estate planning attorneys. [![Mesa Estate Planning Lawyers](https://www.keytlaw.com/wp-content/uploads/2024/10/mesa-estate-planning-lawyer.jpg)](https://www.keytlaw.com/wp-content/uploads/2024/10/mesa-estate-planning-lawyer.jpg) ### **What Should Be Included in Your Estate Plan?** An estate plan is much more than just a will; it’s a comprehensive strategy designed to manage and protect your assets both during your life and after your passing. At KEYTLaw, we can assist you in creating a customized estate plan that may include the following key components: #### **1. A Living Will (Advance Directive)** A living will is essential for expressing your healthcare wishes in the event you become incapacitated. This document informs your medical providers and family of your decisions regarding life-sustaining treatments and end-of-life care, ensuring that your wishes are respected, even if you are unable to communicate them. #### **2. Trusts** A trust is a powerful estate planning tool that allows you to control the distribution of your assets while potentially avoiding probate and protecting your assets from creditors. There are various [types of trusts](https://www.investopedia.com/articles/pf/08/trust-basics.asp), including revocable and irrevocable trusts, and our Mesa estate planning lawyers will help you choose the one that best fits your needs. Trusts can be particularly beneficial in shielding assets from long-term care costs, ensuring eligibility for government programs like Medicaid, and simplifying the transfer of assets upon death. #### **3. Durable Power of Attorney** A durable power of attorney grants a trusted individual the authority to make financial and legal decisions on your behalf if you are unable to do so due to incapacitation. By designating someone to handle your affairs, you can avoid potential disruptions in managing your finances, paying bills, and addressing other important matters during periods of illness or incapacitation. #### **4. Beneficiary Designations** In addition to your will and trusts, it’s essential to ensure that your beneficiary designations on accounts like life insurance, retirement plans, and bank accounts are up-to-date. Beneficiary designations can allow assets to pass directly to your heirs without the need for probate, making the process quicker and more efficient. ### **Why Is Estate Planning Essential for Your Family?** One common misconception is that having a will alone is enough to ensure a smooth transfer of assets. However, a will may still require probate, which can be a lengthy, expensive court process. By developing a thorough estate plan with our Mesa estate planning lawyers, you can help your family avoid probate and minimize the risk of legal challenges to your will or trust. A well-crafted estate plan ensures that your assets are distributed according to your wishes, protects your family from potential disputes, and provides financial security for your loved ones. Estate planning is not only about avoiding probate—it’s about making sure that your family is taken care of, no matter what happens. ### **How KEYTLaw Can Help Secure Your Legacy** We at KEYTLaw recognize how daunting estate planning may appear. Our experienced team will make every effort to make the process as easy as possible, guiding you each step of the way. We will also personalize your estate plan to fit it to meet your unique situation. With our knowledge and experience, we help Arizona residents protect their assets, avoid probate, and provide for their families’ future. No matter how simple or complex your estate may be, we are here to ensure that your wishes are respected and your legacy is protected. Don’t wait until it’s too late. [Contact KEYTLaw today](https://www.keytlaw.com/contact/) to set up a free consultation with one of our knowledgeable Mesa estate planning lawyers. Let us help you create a plan that gives you peace of mind and ensures your family’s security. **Frequently Asked Questions About Estate Planning** **How often should I review and update my estate plan? It’s recommended to review your estate plan every 3-5 years or after major life events like marriage, divorce, the birth of a child, or significant financial changes. Regular updates help ensure that your estate plan accurately reflects your current wishes and family circumstances. **Can estate planning help reduce estate taxes for my beneficiaries? Yes, certain estate planning tools like irrevocable trusts and gifting strategies can help minimize the tax burden on your beneficiaries. Proper planning can also allow you to maximize the amount of your estate that passes to your heirs while reducing taxes and fees. **How can I protect my estate from potential creditors or legal claims?** Certain trusts, like irrevocable trusts, can provide creditor protection for your assets. Additionally, asset protection strategies such as setting up a family-limited partnership or using beneficiary designations effectively can safeguard your estate from potential claims by creditors. --- ### [Mesa, AZ Trust Lawyers](https://www.keytlaw.com/mesa-az-trust-lawyers/) **Published:** October 30, 2024 **Author:** Richard Keyt **Content:** Are you looking for a way to safeguard your assets and ensure your family’s future security? Creating a comprehensive estate plan is crucial, and incorporating trusts is one of the most effective ways to achieve your goals. At KEYTLaw, our Mesa trust lawyers can guide you through the process, helping you understand and utilize the right types of trusts to protect your hard-earned assets. [Schedule a free consultation](https://www.keytlaw.com/) today to learn how we can help. [![Mesa Trust Lawyers](https://www.keytlaw.com/wp-content/uploads/2024/10/mesa-az-trust-attorney.jpg)](https://www.keytlaw.com/wp-content/uploads/2024/10/mesa-az-trust-attorney.jpg) ## **What Is a Trust, and How Does It Work?** A trust is a legal arrangement where a third party, known as the trustee, holds and manages assets on behalf of a beneficiary. Essentially, it separates ownership from use of an asset. Trusts provide flexibility, control, and protection, making them a vital component of a robust estate plan. When you establish a trust, you can dictate how and when your assets will be distributed, whether it’s during your lifetime or after your passing. Our Mesa trust lawyers can help you set up a trust that aligns with your specific wishes and financial objectives. ## **Types of Trusts to Consider** Choosing the right type of trust depends on your unique circumstances and goals. Here are some common types of trusts that our Mesa trust lawyers often recommend: 1. 1. **Revocable Living Trust A revocable living trust allows you to retain control over your assets during your lifetime. You can modify or revoke the trust at any time. Upon your passing, the assets transfer to your beneficiaries without the need for probate, providing a smoother transition. 2. **Irrevocable Trust Once established, an irrevocable trust cannot be altered without the beneficiary’s consent. This type of trust is often used for asset protection, tax planning, and ensuring the efficient transfer of wealth to future generations. 3. **Testamentary Trust Created through a will, a testamentary trust only takes effect upon your death. This trust is ideal if you want to provide financial oversight for minor children or protect assets for beneficiaries with special needs. 4. **Charitable Trust A charitable trust is designed to benefit a charitable organization or cause. It can provide significant tax advantages while allowing you to leave a meaningful legacy. - ****And More….**** ## **The Benefits of Establishing Trusts** Incorporating trusts into your estate plan offers several key advantages: - **Avoiding Probate:** Trusts can help [bypass the lengthy and often costly probate process](https://www.nolo.com/legal-encyclopedia/how-living-trusts-avoid-probate-29848.html), ensuring that your beneficiaries receive their inheritance promptly and privately. - **Protecting Your Assets:** Trusts provide a layer of asset protection, shielding your wealth from creditors, lawsuits, and other risks. - **Reducing Estate Taxes:** Certain trusts allow you to minimize or eliminate estate taxes, preserving more of your wealth for future generations. - **Controlling Distributions:** Trusts enable you to set specific terms for how and when your assets are distributed, giving you control over your legacy. Our Mesa trust lawyers will help you identify which types of trusts are most suitable for your needs, ensuring that your estate plan effectively accomplishes your goals. ## **How Our Mesa Trust Lawyers Can Help** Creating and managing trusts can be a complex process, but it doesn’t have to be overwhelming. At KEYTLaw, our team will take the time to understand your situation and guide you every step of the way. Whether you’re looking to protect assets, minimize taxes, or provide for your loved ones, our Mesa trust lawyers can help you design a customized trust tailored to your needs. We understand that every family’s financial situation and estate planning needs are different. That’s why we offer free consultations to help you explore your options and make informed decisions about your estate plan. Let our dedicated team give you peace of mind by helping you build a solid foundation for your family’s future. ## **Secure Your Family’s Future with the Right Trusts** If you’re ready to protect your assets and ensure a smooth transition for your loved ones, consider setting up an estate plan that incorporates trusts. At KEYTLaw, our Mesa trust lawyers are here to help you navigate the complexities of trust creation and administration. From explaining your options to handling the paperwork, we are committed to making the process as seamless as possible. [Contact us today for a free consultation](https://www.keytlaw.com/contact/) and discover how our team can assist you in safeguarding your family’s legacy. Let our lawyers at KEYTLaw show you how the right trust can provide you with assurance that your loved ones will be well taken care of long after you are around to take care of them. **Trusts FAQs** **What advantage does an irrevocable trust have over a revocable trust? An irrevocable trust offers greater asset protection from creditors and potential lawsuits. It also helps reduce estate taxes since assets in an irrevocable trust are typically not considered part of the trustor’s taxable estate. **Can I designate myself as a trustee? Yes, with a revocable trust, you can designate yourself as the trustee, allowing you to maintain control over the trust’s assets during your lifetime. For irrevocable trusts, it’s common to appoint a different trustee to ensure the trust’s legal and tax benefits. **Can a single trust serve multiple purposes? Yes, a single trust can be structured to achieve various goals, such as providing for beneficiaries, protecting assets, reducing estate taxes, and planning for incapacity. Proper drafting and clear instructions are key to achieving multiple purposes. --- ### [Incentive & Disincentive Trust Provisions](https://www.keytlaw.com/ep-incentive-provisionsxxxx/) **Published:** September 17, 2023 **Author:** Richard Keyt **Content:** When we are hired to prepare an estate plan with a revocable living trust we send our client an email that has a Word file attached that contains 13 pages of incentive and disincentive provisions our client has the option to include in his or her trust. The client can add, edit or delete provisions and add client created additional provisions. We take the client’s revised document and include the client’s provisions into the client’s revocable living trust. The following list are the section headings of the incentive/ disincentive provisions: Section 1.01 Incentive Trust Provisions (a) Monthly Stipend to age? (b) Christian Ministry Activities (c) Educational Provisions (1) Primary and Secondary Education (2) Provisions for First Bachelor’s Degree (3) Provision for First Graduate Degree (d) Additional Distributions to Offset Educational Expenses for Children of a Beneficiary (e) Marriage Gifts (f) Income Matching (g) Vehicle Provisions (h) Talent Development (i) Business Opportunities (j) Long Term Saving (k) Health Insurance (l) Stay at Home Mom (m) Visiting and Caring for Aging Parents (n) Special Incentives Section 1.02 Disincentive Trust Provisions (a) Provisions that Limit Distributions (1) Alcohol, Drug Abuse and Sobriety (2) Drug and Alcohol Free Requirement (b) No Marriage (c) No Faith/Religion (d) Future Behaviors Detrimental to a Productive, Christian Lifestyle [![Your Most Valuable Asset](https://www.arizona-wills.com/wp-content/uploads/2012/04/bigstock-Extended-Group-Portrait-Of-Fam-13915559-300x200.jpg)](https://www.arizona-wills.com/wp-content/uploads/2012/04/bigstock-Extended-Group-Portrait-Of-Fam-13915559.jpg) [Book a Free Estate Plan Consultation](https://www.keytlaw.com/calendar "Schedule a free meeting with an estate planning attorney") ## **Warning for Arizona Residents** The State of Arizona has a law that specifies who inherits the assets of an Arizona resident who dies without a will or a trust. **This law may cause your assets to be inherited by the wrong person or people if you don't have a will or a trust**. To learn who will inherit your assets if you die without a will or a trust see my article called "[Who Inherits Your Property If You Die without a Will or a Trust](https://www.arizona-wills.com/intestate-succession/)" and take my short online quiz called "[Who Inherits Your Property](https://www.arizona-wills.com/inherits/)." If the wrong person or people would inherit your assets, you need to hire us to prepare a will or a trust that leaves your assets to the person or people you want to inherit the assets, not to the people Arizona gives your property to. ## **Why You Need an Estate Plan with a Trust** See our article, "[15 Benefits of Having an Estate Plan with a Revocable Living Trust](https://www.keytlaw.com/benefits/).” Learn the [36 documents and services](https://www.keytlaw.com/ep-contents/) you will get if you hire us to prepare your estate plan with a revocable living trust. ## **Book a Free Consultation** The first step to protect your assets and ensure they go to your desired heir(s) is to book a free office, phone or Zoom video consultation with one of our estate planning attorneys. During this no-obligation meeting, they will answer your questions and design your estate plan. Make a free appointment with: - [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/) (Rick, the father) text or call 24/7 at 480-664-7478 or go to his [online calendar](https://www.keytlaw.com/rk). See Rick's [virtual business card](https://poplme.co/hash/QB9KVu0Z/1/es). - [Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) (Ricky, the son) text or call at 480-664-7472 or go to his [online calendar](https://www.keytlaw.com/rck). ## **Steps to Hire Us** 1\. Have your free consultation with one of Keyts. 2\. Complete our online [estate plan questionnaire](https://www.keytlaw.com/epq). When you submit the questionnaire our system will send an email message to you and to us that contains all the information you entered into the questionnaire. 3\. Attend your free estate plan consultation. 4\. Come to our office to sign your documents before two witnesses and a notary. The total time from start to signed documents is one to two weeks. \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Pay for Your Estate Plan](https://www.keytlaw.com/ep-pay/) **Published:** August 30, 2023 **Author:** Richard Keyt **Content:** When we are hired to prepare an estate plan we ask that you pay one half of the fee when we have our meeting to answer your questions and design your estate plan. The balance is due when you sign your documents. We won’t object if you pay the entire fee after your consultation. Select the link below that corresponds to your fee for your estate plan. When you click on the link you will be taken to our secure order page where you can pay with your major credit card. You can also pay by calling our estate planning legal assistant Michelle Watkins at 480-664-7413 and give her your credit card information. ## **Pay 1/2 the Fee** - $4,497 fee for a married couple. Go to our [secure order page](https://www.keytlaw.com/pay) to pay $2,250, the first half of your fee. - $3,497 fee for a married couple who bought our Gold LLC within the last four months. Go to our [secure order page](https://www.keytlaw.com/pay) to pay $1,750, the first half of your fee. - $3,497 fee for one person. Go to our [secure order page](https://www.keytlaw.com/pay) to pay $1,750, the first half of your fee. - $2,497 for one person who bought our Gold LLC within the last four months. Go to our [secure order page](https://keytlaw.infusionsoft.com/app/orderForms/EP-2497-Gold-EP-1st-Pmt-1250-Gold-LLC) to pay $1,250, the first half of your fee ## **Pay All the Fee** - $4,497 fee for a married couple. Go to our [secure order page](https://keytlaw.infusionsoft.com/app/orderForms/EP-3497-Gold-EP-Full-Pmt) to pay the entire fee. - $3,497 fee for a married couple who bought our Gold LLC within the last four months. Go to our [secure order page](https://www.keytlaw.com/pay) to pay the entire fee.. - $3,497 fee for one person. Go to our [secure order page](https://www.keytlaw.com/pay) to pay the entire fee. - $2,497 for one person who bought our Gold LLC within the last four months. Go to our [secure order page](https://www.keytlaw.com/pay) to pay the entire fee. --- ### [TextExpander](https://www.keytlaw.com/textexpander/) **Published:** July 4, 2023 **Author:** Richard Keyt **Content:** ## TextExpander TextExpander is a must have program. Everybody in my law firm constantly uses TextExpander through out the day and everybody loves it. TextExpander makes it it super simple to create text you can easily insert anywhere at any time (called a snippet) over and over by typing the text that starts/invokes the snippet. TextExpander sends me an email every week that tells me how many hours of typing TextExpander saved me from typing. It usually saves me two hours of typing time each week and 5 – 7 hours per week for my entire six person firm. I recommend you buy an individual user account if it is just you or if you have other people you work with then buy the business account so everybody in your firm can use the firmwide snippets that are created plus each person can create personal snippets only seen and used by the person who creates the personal snippet. **Example** I have two snippets that insert my name and office address into Word, Outlook, Google or any program I’m using if it type x73731 or x73732. When a snippet is created, the creator gives the snippet abbreviation text that invokes the snippet. If I type x73731 TextExpander inserts this text: Richard Keyt, KEYTLaw, LLC, 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258 If I type x73732 TextExpander inserts this text: Richard Keyt KEYTLaw, LLC 7373 E. Doubletree Ranch Road, Suite 135 Scottsdale, AZ 85258 There is no limit on the length of the text you can insert into any program you are typing text. I use TextExpander to insert standard marketing text with hot links based on the service a prospect seeks. I have multiple paragraph snippets for LLC prospects, estate planning prospects, nonprofit corporation prospects and for prospects who seek other services I provide. I also have email closing snippets based on the subject of the email message. For example, my email closing for an email to an LLC prospect is different than my email closing for an email to an estate plan prospect. **Buy TextExpander** Go here to [buy TextExpander](https://shareasale.com/r.cfm?b=1244189&u=3009694&m=81274&urllink=&afftrack=) so we get an affiliate commission or here to learn about TextExpander’s [features](https://shareasale.com/r.cfm?b=1244191&u=3009694&m=81274&urllink=&afftrack=). See TextExpander’s [home page](https://shareasale.com/r.cfm?b=1244190&u=3009694&m=81274&urllink=&afftrack=). **Watch the following short video to see TextExpander in action.** Buy TextExpander About TextExpander Features --- ### [Trustee Signature FAQs: How to Sign as a Trustee | KEYTLaw](https://www.keytlaw.com/how-to-sign-as-trustee-faq/) **Published:** June 9, 2026 **Author:** Richard Keyt **Content:** ## Trustee Signature FAQs: How to Sign as a Trustee [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## How to Sign Documents as a Trustee FAQs ## **Can I just sign my name and write “Trustee” after it?** No—not by itself. Writing “Jane Smith, Trustee” without identifying the specific trust you are trustee of is incomplete. There are thousands of trusts in Arizona. Any third party reading the document would not know which trust you represent, or whether the trust you claim to represent actually holds the authority you say it does. You must identify the trust by its full legal name and date. The correct form is: *Jane A. Smith, Trustee of the Jane A. Smith Revocable Living Trust dated January 15, 2020.* ## **What if the signature block on the pre-printed form only has a single line for a name?** Pre-printed forms often have inadequate signature blocks. Do not limit yourself to the space provided. You may write or type your full trustee signature block below or adjacent to the printed line, then sign above it. In real estate transactions, I recommend flagging this with the escrow or title officer before closing so they can prepare a corrected or amended signature page. Never simply sign your bare name because the form doesn’t have room—the form is your problem to solve, not a reason to sign incorrectly. ## **Does the trust have to be notarized to be valid when signing documents?** The trust document itself does not need to be notarized for most purposes, but a trustee’s *signature on a deed* transferring real estate must be notarized in Arizona before recording. For contracts that do not get recorded, notarization is generally not required. However, a Certification of Trust that you present to a third party should be signed under oath and notarized to give it the legal weight it is entitled to under A.R.S. § 14-11013. ## **What is the date I should include in the trust name—the date the trust was signed or the date it was funded?** Use the date the trust document was **signed (executed)**—not the date assets were transferred into it. The execution date appears on the signature page of the trust document, typically the last page. It is also usually referenced on the first page of the trust in the introductory paragraph: “This Trust Agreement is made this 15th day of January, 2020…” ## **My LLC’s operating agreement says the trust is the manager. Does that affect what I write on contracts?** Yes—it affects it significantly. When the trust is the named manager of the LLC, your signature block must show: (1) the LLC’s name; (2) that the LLC is the contracting party; (3) that the trust is the manager of the LLC; and (4) that you—the trustee—are signing for the trust in its capacity as LLC manager. See Examples 5 through 7 above for the correct formats. This layered structure is not unusual in Arizona estate plans, but it must be written out fully to be legally clear. ## **What happens if I sign incorrectly and then the other party sues?** If you signed personally—without identifying your trustee capacity—the other party may argue the contract is between you personally and them, not between the trust and them. This can expose your personal bank accounts, home, and other assets to a judgment. Courts will look at the totality of the circumstances, including what both parties understood at the time, but there is no guarantee of protection. Signing correctly from the beginning costs you nothing. Fixing a signature problem after the fact is expensive and uncertain. ## **My spouse died and I am now the sole trustee. How do I sign?** If you were a co-trustee of a joint trust and are now the sole surviving trustee, you typically sign as “Trustee” rather than “Co-Trustee”—because you are now the only trustee. The trust name and date remain the same. You should also have a Certification of Trust prepared that reflects your current status as sole trustee. Many title companies and banks will require a copy of your spouse’s death certificate along with the updated Certification before they will transact with you in your sole trustee capacity. ## **Do I need to sign a new trust document just to update who the trustee is?** No. When a successor trustee steps in due to the original trustee’s death or incapacity, no new trust document is required. The succession is governed by the terms of the original trust document. What you should do is prepare and sign a Certification of Trust that identifies you as successor trustee, and gather the supporting documents that third parties will need—such as the death certificate or declaration of incapacity. The trust continues under the same name and date; only the trustee has changed. ## **Can a trust open a bank account? Who signs the account documents?** Yes—banks regularly open accounts titled in the name of a trust. The trustee opens the account and signs the signature card and account documents. The account title should read something like: “Jane A. Smith, Trustee of the Jane A. Smith Revocable Living Trust dated January 15, 2020.” The bank will typically ask for a Certification of Trust and, for a new account, may want to see the trust document’s relevant pages. Once the account is open, the trustee signs checks and authorizations using the full trustee signature format. ## **What if I want to sign on behalf of both the trust and myself personally on the same document?** You can be both a party in your individual capacity and a party as trustee on the same document—for example, if you are personally guaranteeing a trust obligation. In that case, there will be two separate signature blocks: one for you personally and one for you in your trustee capacity. Both must be signed. A personal guarantee signed alongside a trust signature does not merge the two roles; each signature block stands on its own. Be sure the document clearly distinguishes which signature block carries which capacity. ## **The Bottom Line** Signing documents as a trustee is not complicated once you know the formula—but the formula must be followed every time. Shortcuts create ambiguity, and ambiguity in legal documents costs money. The rules are simple: - Always include your full legal name, your title as trustee, and the full legal name and date of the trust. - If the LLC is the contracting party and the trust manages it, add the LLC’s name and “its Manager” at the end. - If you are a co-trustee and both of you must sign, both of you must sign—every time. - If you are a successor trustee, use “Successor Trustee” and have a Certification of Trust ready. - When in doubt about your authority or the right form, call your estate planning attorney before signing. If you are a new trustee and you are not sure what your trust says about your powers, or if you have never seen a Certification of Trust and need one prepared, we can help. Call our office or schedule a consultation using the link below. ## **About the Authors** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick) is an Arizona estate planning and LLC attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at and the fee and the [36 documents & services](https://www.keytlaw.com/ep-contents) in their estate plan. ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Signing Documents as a Trustee (Correct Formats & Examples)](https://www.keytlaw.com/how-to-sign-as-a-trustee/) **Published:** June 8, 2026 **Author:** Richard Keyt **Content:** # How to Sign Documents & Contracts as a Trustee [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Complete Guide to Signing Documents as a Trustee The exact signature format you need—whether you’re signing for your trust directly or for an LLC that your trust manages. You’ve been appointed trustee of an Arizona revocable living trust. Congratulations—and welcome to paperwork. Every time the trust buys property, opens a bank account, or enters a contract, you need to sign correctly. Sign wrong and you may be signing personally. This guide shows you exactly what to write. ## **Why This Matters: Trusts Cannot Sign for Themselves** A revocable living trust is not a legal entity the way a corporation or an LLC is. A corporation has a board and officers who act for it. An LLC has members and managers. A trust has a **trustee**—and only the trustee can enter contracts, sign deeds, open accounts, and take legal action on behalf of the trust. When you sign documents as trustee, you are doing two things at once: 1. Binding the *trust’s assets* to the obligation—not your personal assets. 2. Establishing on the public record that you acted in your fiduciary capacity, not as an individual. If you sign only your name—”Jane Smith”—without identifying yourself as trustee and identifying the trust, the other party to the contract may argue you signed personally. That is not a technicality. It can expose your personal assets to claims and create title problems that take years and thousands of dollars to unravel. **⚠ The Most Common Mistake** Signing just *“Jane Smith”* on a contract when the trust is meant to be the contracting party is one of the most frequent errors new trustees make. It costs nothing to sign correctly. It can cost a great deal to sign wrong. ## **The Three Things Your Signature Must Communicate** Whenever you sign any document on behalf of a trust, your signature block must tell the reader three things: 1. **Who is signing.** Your full legal name as it appears in the trust document. 2. **In what capacity.** That you are signing as *trustee*—not personally. 3. **For which trust.** The full legal name of the trust and its date. Trusts are identified by their full legal name and their date of execution. The date is not optional. Multiple trusts can have the same name—for example, a husband and wife each might have a “Smith Family Revocable Living Trust.” The date distinguishes them. Always include it. ## **Signature Examples: Signing Directly for the Trust** These examples cover the most common scenarios where a trustee signs a document and the trust itself is the contracting party—buying real estate, opening a bank account, entering a lease, signing a purchase agreement, and so on. ### **Example 1: Individual Trustee, Simple Form** This is the minimum acceptable form. Use it when the document’s signature block is short and there is no pre-printed format to follow. Signature Block \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Jane A. Smith, Trustee of the Jane A. Smith Revocable Living Trust dated January 15, 2020 ### **Example 2: Individual Trustee, Full Block Format** Title companies, lenders, and escrow companies typically use a more formal block when recording deeds or closing real estate transactions. This is the format most Arizona title companies expect. Signature Block — Real Estate / Title Company Format GRANTOR / SELLER / BUYER: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Jane A. Smith, Trustee of the Jane A. Smith Revocable Living Trust dated January 15, 2020 ### **Example 3: Husband and Wife as Co-Trustees of a Joint Trust** Many Arizona couples create a single joint revocable living trust and both serve as co-trustees. When both spouses are co-trustees, *both* typically must sign unless the trust document grants either co-trustee the power to act alone. Signature Block — Co-Trustees, Joint Trust \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ John B. Smith, Co-Trustee of the John B. Smith and Jane A. Smith Revocable Living Trust dated March 3, 2018 \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Jane A. Smith, Co-Trustee of the John B. Smith and Jane A. Smith Revocable Living Trust dated March 3, 2018 ### **Example 4: Successor Trustee Signing After the Original Trustee’s Death or Incapacity** When you step in as successor trustee—because the original trustee has died, become incapacitated, or resigned—you sign with your own name and the successor trustee title. The trust name and date stay the same; the trust itself has not changed. Signature Block — Successor Trustee \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Robert A. Jones, Successor Trustee of the Jane A. Smith Revocable Living Trust dated January 15, 2020 **📋 Successor Trustee Tip** When you act as successor trustee, third parties will likely ask for evidence of your authority. Have a **Certification of Trust** ready (see below), and bring a copy of the death certificate or physician’s written declaration of incapacity, depending on which event triggered your succession. ## **Signature Examples: Signing for an LLC Whose Manager Is a Trust** This is where trustees most often get confused—and where mistakes are most consequential. Many Arizona estate plans work like this: a revocable living trust is created, and the trust then owns the membership interests of one or more LLCs. In manager-managed LLCs, the trust itself may be named as the manager of the LLC. That means: - The **LLC** is the party to the contract. - The **trust** is the LLC’s manager. - The **trustee** is the human being who actually signs. Your signature block must reflect all three layers. You are signing as trustee, exercising the trust’s authority as manager, on behalf of the LLC. ### **Example 5: Single-Member LLC Managed by a Trust — Basic Form** Signature Block — LLC Managed by Trust SMITH PROPERTIES, LLC, an Arizona limited liability company By: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Jane A. Smith, Trustee of the Jane A. Smith Revocable Living Trustdated January 15, 2020, its Manager ### **Example 6: LLC Managed by a Joint Trust — Both Co-Trustees Sign** Signature Block — LLC Managed by Joint Trust, Co-Trustees SMITH FAMILY HOLDINGS, LLC, an Arizona limited liability company By: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ John B. Smith, Co-Trustee of the John B. Smith and Jane A. Smith Revocable \\ Living Trust dated March 3, 2018, Manager By: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Jane A. Smith, Co-Trustee of the John B. Smith and Jane A. Smith Revocable Living Trust dated March 3, 2018, Manager ### **Example 7: LLC Managed by Trust — Successor Trustee Signs** Signature Block — LLC Managed by Trust, Successor Trustee as Manager SMITH PROPERTIES, LLC, an Arizona limited liability company By: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Robert A. Jones, Successor Trustee of the Jane A. Smith Revocable Living Trustdated January 15, 2020, Manager ## **Side-by-Side: Right vs. Wrong** Situation❌ Wrong — Do Not Use✅ Correct FormTrust is the contracting partyJane A. SmithJane A. Smith, Trustee of the Jane A. Smith Revocable Living Trust dated January 15, 2020Trust manages an LLCSmith Properties, LLC By: Jane A. SmithSmith Properties, LLC, by Jane A. Smith, Trustee of the Jane A. Smith Revocable Living Trust dated January 15, 2020, its ManagerSuccessor trustee, trust owns real estateRobert Jones, as successor trusteeRobert A. Jones, Successor Trustee of the Jane A. Smith Revocable Living Trust dated January 15, 2020Co-trustees of a joint trustJohn and Jane SmithJohn B. Smith and Jane A. Smith, Co-Trustees of the John B. Smith and Jane A. Smith Revocable Living Trust dated March 3, 2018 ## **What You Need to Know Before You Sign** ### **1. Read Your Trust Document Before Signing Large Contracts** Your trust document defines your powers as trustee. Most well-drafted Arizona revocable living trusts give the trustee broad authority to buy and sell property, borrow money, manage investments, operate businesses, and enter contracts. But the document is the source of your authority—you should know what it says. If you are uncertain whether a particular transaction is within your powers, ask the attorney who drafted the trust before you sign. ### **2. Your Personal Assets Are Protected When You Sign Correctly** One of the main reasons to sign in your trustee capacity—rather than personally—is personal asset protection. When you sign as trustee and the trust is the proper party, you generally are not personally liable on the contract. The trust’s assets stand behind the obligation. If you sign only your name, you may be personally liable. This matters most in commercial contracts, lease agreements, and real estate purchases where the other side has real claims to enforce. **✔ Protection Requires Correct Form** Asset protection does not happen automatically just because you *intend* to sign as trustee. You must actually write it correctly in the signature block. Intent does not override the written document. ### **3. Use the Exact Name of the Trust** Trusts are identified by their full legal name and date. “The Jane Smith Trust” is not the same as “The Jane A. Smith Revocable Living Trust dated January 15, 2020.” Use the name exactly as it appears on the first page of your trust document. If you shorten it, abbreviate it, or guess at the date, you create ambiguity about which trust is a party—and that ambiguity can delay or derail real estate closings, bank account openings, and other transactions. ### **4. Check Whether One Trustee Can Act Alone or Both Must Sign** If you are a co-trustee with a spouse or other person, your trust document will specify whether: - Either co-trustee may act alone on behalf of the trust, or - Both co-trustees must sign all documents. Most joint revocable living trusts allow either spouse to act alone during their joint lifetimes. But the document controls—do not assume. A co-trustee who signs alone when joint signatures are required may have exceeded her authority. ### **5. The Other Party May Ask for a Certification of Trust** Banks, title companies, lenders, and counterparties in large contracts will often ask for evidence that your trust exists and that you have authority to sign. They do not need the full trust document. Arizona law—specifically **A.R.S. § 14-11013**—lets you provide a *Certification of Trust* instead. The Certification confirms: - The trust’s legal name and date of execution - That the trust is currently in effect - Who the trustee(s) are - The trustee’s relevant powers (to buy, sell, manage, borrow, etc.) - Whether the trustee may act alone or co-trustees must act jointly A Certification of Trust does *not* disclose who the beneficiaries are, what property the trust holds, or the distribution provisions. It protects your privacy while giving the other party the assurance they need. Third parties who receive a Certification and act in good faith are protected by law. ### **6. Signing as Trustee Does Not Mean Unlimited Authority** Being the trustee means you are the legal decision-maker for trust assets—but you are a *fiduciary*, not an owner. Every decision you make must serve the best interests of the trust’s beneficiaries. If you are the trustee and the sole beneficiary of your own revocable living trust during your lifetime, this distinction rarely matters in practice. But if you are a *successor trustee* acting after the creator of the trust has died, you owe duties to the beneficiaries and must act prudently, loyally, and impartially. Entering a bad contract, failing to get market terms, or self-dealing can expose you to personal liability as a trustee even if the signature itself was technically correct. ### **7. Keep Records of What You Sign** Every contract, deed, and significant document you sign as trustee should be kept in the trust’s records. If you are a successor trustee, you may be required to account to the beneficiaries for your actions. A clean paper trail showing you signed correctly, acted within your authority, and got reasonable terms is your best protection against future claims. ## **The Bottom Line** Signing documents as a trustee is not complicated once you know the formula—but the formula must be followed every time. Shortcuts create ambiguity, and ambiguity in legal documents costs money. The rules are simple: - Always include your full legal name, your title as trustee, and the full legal name and date of the trust. - If the LLC is the contracting party and the trust manages it, add the LLC’s name and “its Manager” at the end. - If you are a co-trustee and both of you must sign, both of you must sign—every time. - If you are a successor trustee, use “Successor Trustee” and have a Certification of Trust ready. - When in doubt about your authority or the right form, call your estate planning attorney before signing. If you are a new trustee and you are not sure what your trust says about your powers, or if you have never seen a Certification of Trust and need one prepared, we can help. Call our office or schedule a consultation using the link below. ## **About the Authors** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick) is an Arizona estate planning and LLC attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at and the fee and the [36 documents & services](https://www.keytlaw.com/ep-contents) in their estate plan. ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Revocable Living Trust Questionnaire | KEYTLaw](https://www.keytlaw.com/revocable-living-trust-questionnaire/) **Published:** June 7, 2026 **Author:** Richard Keyt **Content:** # Revocable Trust Preparation Questionnaire [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Revocable Trust Preparation Questionnaire Submission Date(Required) ### Services You Will Get & Our Fee We charge $497 to prepare a revocable living trust that can be used to keep your name off the official records of the Arizona Corporation Commission. This trust can be the owner/member of one or more Arizona LLCs so the trust’s name (not the person who created the trust) is shown as the LLC’s member on the ACC’s website. This trust can own any of your assets and if you die or if you and your spouse die and you have a joint trust then all of the assets in the trust pass automatically without the need for a probate to the future beneficiary or beneficiaries named in the trust agreement. ### What You Get for $497 Your fee includes us preparing and giving you the following documents:1\. Trust Agreement sent to you by DocuSign so you can digitallly sign it. 2\. Certification of Trust that you digitally sign using DocuSign. You give this document to anybody who asks for a copy of your trust agreement. 3\. Funding Your Trust from A to Z. This 22 page article explains how to transfer 13 different types of assets into your trust. 4\. $497 discount if you buy our estate plan that contains 36 documents and services. ### Trust Questions Name of the Trust(Required) What do you want to name you Trust. It can be anything you want, but it must end with the word Trust. Trust names are not regulated by the government. Naming a trust is like naming a child. You can give your child and your trust any name you want. We don't recomment including your name in the trust's name because sometimes you identitly will be disclosed when the turst name is on a public record such as the LLC's Articles of Organization or a deed. If your trust were named the Laguana Beach Trust then the Arizona Corporation Commission's public records will show that the owner of the LLC is the Laguana Beach Trust. ### Trustmaker(s) & Trustee(s) The trustmaker is the person who creates the trust and is its initial trustee. The trustmaker is the person who would be the owner of the trust's assets if there were no trust. If a trustmaker is married, the trustmaker's spouse can also be a trustmaker and initial trustee.The trustmaker(s) is/are the initial trustee(s) of the trust. A trustee is the person or entity that legally owns the assets in the trust and who is legally obligated to administer the assets as provided in the trust agreementn for the benefit of the current beneficiary or beneficiaries. **Note**: There can be two trustmakers, but they must be married to each other. If a married couple will both be creating the trust then enter their legal names. Example: Homer A. Simpson and Marge B. Simpson. Who Will be the Trustmaker(s) / Trustee(s)?(Required) One person who is not married Two people who are married to each other One person who is married, but his or her spouse will not be a trustmaker or trustee Legal Name of the Trustmaker / Trustee(Required) Legal name of the person who will create the trust and be its initial trustee. Trustmaker's Email Address(Required) Enter Email Confirm Email This is the email address that Docusign will send the documents to be digitally signed. Trustmaker's Phone Number(Required) Trustmaker's Mailing Address(Required) Street Address Address Line 2 City AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code Legal Name of the Second Trustmaker / Trustee(Required) Legal name of the person who will create the trust and be its initial trustee. Second Trustmaker's Email Address(Required) Enter Email Confirm Email This is the email address that Docusign will send the documents to be digitally signed. Second Trustmaker's Phone Number(Required) ### Successor Trustee(s) The successor trustee is the person or company that will become the trustee if the current trustee or both trustees (if there are two original trustees) die/dies or become mentally incapacitated. The successor trustee manages that trust's assets as provided in the trust agreement. Only name a responsible person to be a successor trustee. Name(s) of Successor Trustee(s)(Required)1st Successor Trustee 2nd Successor Trustee 3rd Successor Trustee Add Remove If you want two people to serve as co-trustees as the same time then put both names in the same field. **Note**: Children under age 18 cannot be a trustee. ### Current Beneficiary or Beneficiaries The trustmaker(s) is/are the current beneficiary / beneficiaries. ### Future Beneficiaries Who Inherits the Trust Assets When all Current Beneficiaires Die?(Required) All assets to my children equally All assets to my spouse All assets to the Second Trustmaker's children None of the above Who Inherits the Trust Assets After all Current Beneficiaries Die?(Required) Give the legal name(s) of the future beneficiary or beneficiaries. Examples:1\. all the assets to Homer Simpson, but if he is deceased then all to Marge Simpson; 2\. one half of the assets to Homer Simpson and the other half to Bart Simpson; 3\. my home to Bart Simpson and all other assets to Homer Simpson, but if Bart is deceased then the home goes to Ned Flanders. ### Optional Deed to Put Your Home in the Trust For an additional $495 we can prepare a Beneficiary Deed that will transfer your home to the trust on your death or the death of the second spouse if you are married. This deed causes your home to avoid an expensive, time-consumng(five monhs minimum), public superior court probate. Do You Want to Hire Us to Prepare a Beneficiary Deed that Puts Your Home in the Trust?(Required) Yes No What is the Address of Your Home?(Required) ### Important Facts About Your Trust Trust Facts Your Trust has the following characteristics: 1. It is revocable, which means it can be amended or terminated by a trustmaker at any time before the death or incapacity of the trustmaker. 2. The person or married couple named in this questionnaire as trustmakers are the creators (aka grantors or settlors) of the trust. 3. A beneficiary is the person, trust or entity for whom the trustee(s) hold title to trust assets and manage those assets for the "benefit" of the beneficiary. If two people are named as current beneficiaries they must be married to each other. 4. If one person is the beneficiary, that person will be the sole beneficiary while he or she is alive. If the current beneficiaries are a married couple, then they will be co-beneficiaries. If a co-beneficiary were to die, the other co-beneficiary would become the sole beneficiary. 5. The initial trustee or trustees have control over all assets owned by the trust. 6. On the death of current beneficiary or both co-beneficiaries the successor trustee or co-trustees is/are directed to distribute all of the assets held in the trust at that time to the future beneficiary or beneficiaries you designated in this questionnaire. 7. You may add additional assets to the trust. 8. Because the trust is a revocable trust, the trust does not need a separate federal identification number (EIN) from the IRS. If you want to open a bank account in the name of the trust, give the bank a copy of your certification of trust agreement and your SSAN. All income and expenses of the trust each year will be reported on your federal income tax return. The Trust is not intended to do and does not do any of the following: A. Provide asset protection for any beneficiary. B. Allow for assets to be held in trust other than for a short period of time after the death of a sole initial beneficiary or the death of the surviving beneficiary if there are two initial beneficiaries. C. Hold the assets in trust for future beneficiaries who are children of the trustmaker(s) until the children reach a specified age. D. Contain standby provisions that would cause the trust to become a special needs trust if a beneficiary is a special need person. E. Reduce or eliminate any federal or state estate or inheritance taxes on the death of a trustmaker. If you want a trust that accomplishes any of the purposes listed in A - E, do not use my Trust, but hire us to prepare our comprehensive estate planning trust instead. I can prepare such a trust, but it costs more and would require you to sign an engagement letter. How Pay $497 with a Major Credit Card(Required) To pay for your Trust with your Visa, MasterCard, Amex or Discover credit card go to our secure order form and enter your information. You can also call a KEYTLaw, legal assistant at 480-664-7846. and give us your information. Submit ## **About the Authors** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick) is an Arizona estate planning and LLC attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at and the fee and the [36 documents & services](https://www.keytlaw.com/ep-contents) in their estate plan. ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Revocable Living Trusts Explained](https://www.keytlaw.com/arizona-revocable-living-trust/) **Published:** June 7, 2026 **Author:** Richard Keyt **Content:** # Revocable Living Trusts Explained [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## What Is a Revocable Living Trust? How It Works & Why You Need One If you own a home, have money in the bank, or have people you love, you need to know about something called a **revocable living trust**. It is one of the most powerful legal tools you can use to protect your family. This article explains what a revocable living trust is, how it works, and why it is far better than a simple will — in plain, easy-to-understand language. ## **What Is a Revocable Living Trust?** A revocable living trust is a legal document you create while you are alive. Think of it as a special box. You put your property into that box — your home, bank accounts, investments, and other things you own. You are in charge of the box. You can take things out, put things in, or even get rid of the box entirely at any time you want. That is what “revocable” means — you can change it or cancel it. While you are alive, you act as the **trustee** — the person in charge of managing everything in the trust. You keep full control of all your assets. Nothing changes in your daily life. When you die, the trust does not die with you. Instead, a person you already chose — called the **successor trustee** — steps in and hands everything in the trust to the people you named to receive it. No court. No judge. No waiting. ## **The Big Problem a Will Does NOT Solve: Probate** Most people think that if they have a will, their family is taken care of. That is one of the most common and costly myths in estate planning. Here is the truth: **a will does not avoid probate.** Probate is the court process the state uses to transfer your property to your heirs after you die. In Arizona, probate can take five months or longer, cost thousands of dollars in attorney and court fees, and is open to the public — meaning anyone can look up what you owned and who got it. A will tells the probate court what you want. But your family still has to go through the court to get it. A revocable living trust skips the court entirely. ## **The 7 Big Benefits of a Revocable Living Trust** ### **1. Your Family Avoids Probate Court** Assets held in your trust pass directly to your beneficiaries without any court proceeding. Your family does not have to hire a probate attorney, pay court fees, or wait months before they can access what you left them. ### **2. Everything Stays Private** Probate is public. Anyone can look up your probate file and see what you owned and who inherited it. A trust is private. No one outside of your family and your successor trustee ever needs to know the details. ### **3. You Stay in Complete Control** You manage your trust just like you manage your own property today. You can buy and sell assets inside the trust, change who inherits what, or cancel the trust altogether. You are the boss — always — while you are alive and mentally able. ### **4. If You Become Incapacitated, the Trust Protects You** If you get sick or have an accident and can no longer manage your own finances, your successor trustee can step in and manage the trust assets for you — without any court order or expensive guardianship proceeding. ### **5. Your Assets Pass Quickly to Your Loved Ones** Without a trust, your family might wait six months to a year before they receive anything from your estate. With a trust, the successor trustee can distribute assets within days or weeks of your death. ### **6. Your Trust Can Own Your LLC** A revocable living trust can be the owner of one or more Arizona LLCs. This keeps your name off the public records of the Arizona Corporation Commission, which adds a layer of privacy to your business ownership. ### **7. Your Trust Can Be Changed Anytime** Life changes — marriages, divorces, new children, new assets. You can update your trust whenever your life changes. You are never locked in. ## **How a Revocable Living Trust Works: Step by Step** **Step 1: You create the trust.** You sign a trust agreement — a legal document that sets the rules for how your assets are managed and distributed. **Step 2: You fund the trust.** You transfer your assets into the trust — your home, bank accounts, investment accounts, and other property. An asset that is not in the trust does not get the trust’s benefits. **Step 3: You manage everything as trustee.** While you are alive, you are in charge. You do everything exactly as you do today. The trust is invisible in your daily life. **Step 4: If you become incapacitated, your successor trustee takes over.** The person you chose manages the trust for your benefit according to your instructions in the trust document. **Step 5: When you die, your successor trustee distributes your assets.** Your successor trustee hands everything in the trust to the people you named — no court, no probate, no delay. ## **What Does KEYTLaw Include When We Prepare Your Trust?** For a flat fee of **$497**, my firm prepares everything you need: - **Your Trust Agreement** — a custom, Arizona-specific revocable living trust sent to you by DocuSign for a secure digital signature. - **Certification of Trust** — a short document you give to banks, title companies, or anyone else who needs to verify your trust exists, without showing them the private details inside. - **Funding Your Trust from A to Z** — a 22-page guide that explains how to transfer 13 different types of assets into your trust so it actually works the way it is supposed to. - **$497 discount** if you later hire us to prepare our comprehensive estate plan with 36 documents and services. We deliver everything electronically. You can sign your documents from home using DocuSign. No office visit required, unless you want one. ## **Our Trust Questionnaire: Where It Starts** To prepare your revocable living trust, I need to gather some basic information about you — your name, your successor trustee, and who you want to inherit your assets when you die. You can fill out my simple online questionnaire here: **👉 [keytlaw.com/ct](https://www.keytlaw.com/ct/)** It takes most people less than 10 minutes to complete the questionnaire. You can pay online with a major credit card. ## **Why Hire Richard Keyt to Prepare Your Trust?** I am Richard Keyt. I have practiced law in Arizona since 1979 and have completed more than 1,000 Arizona estate plans. My son and law partner, **Richard C. Keyt (Ricky)**, is also an attorney and a former CPA. Together, we serve clients throughout Scottsdale, Phoenix, Mesa, Tempe, Chandler, Paradise Valley, Queen Creek, and all of Arizona. Here is what sets us apart: - **More than 400 five-star reviews** on Google, Facebook, and Birdeye. Our clients consistently describe us as responsive, knowledgeable, and easy to work with. - **We do not charge for a consultation.** Call us, email us, or book a free office, phone, or Zoom meeting. We do not charge to talk to people. - **We keep it simple.** Legal documents do not have to be confusing. We write trusts in plain English and explain exactly what every section means. - **We work fast.** Once you complete the questionnaire and pay the fee, we get to work. You do not wait weeks for your documents. - **We provide a funding guide.** A trust that is not funded is a wasted trust. Our 22-page guide makes sure your assets actually end up inside your trust so your family gets the full benefit. ## **Frequently Asked Questions** ### **What is the difference between a will and a revocable living trust?** A will does not avoid probate. It tells the Arizona probate court what you want, but your family still has to go through the court to get it. A revocable living trust avoids probate completely. Your assets pass to your heirs privately, quickly, and without court involvement. ### **Can I change my trust after I create it?** Yes. As long as you are alive and mentally able, you can change, update, or cancel your revocable living trust at any time. You remain in complete control. ### **Does a revocable living trust protect assets from creditors?** No. A revocable living trust does not protect your assets from your creditors while you are alive. Because you remain in control of the trust and can cancel it at any time, courts treat trust assets as your own. If you need asset protection, ask us about a different type of trust. ### **What is a successor trustee?** A successor trustee is the person or company you name to manage and distribute your trust assets if you die or become unable to manage your own affairs. Your successor trustee follows your instructions in the trust agreement to distribute everything to your beneficiaries. ### **Do I need to go to court after the trustmaker dies?** No. That is the whole point. Your successor trustee distributes the trust assets to your beneficiaries without any court involvement — no probate, no judge, no delay. ### **How much does KEYTLaw charge to prepare a revocable living trust?** We charge a flat fee of $497. That includes the trust agreement, certification of trust, and our 22-page funding guide. If you later hire us to prepare a full estate plan, you receive a $497 credit toward that plan. ### **Can my trust own my Arizona LLCs?** Yes. A revocable living trust can be the owner and member of one or more Arizona LLCs. This keeps your personal name off the Arizona Corporation Commission’s public records and adds a layer of privacy to your business ownership. It also means the LLCs will pass automatically to the future beneficiaries in the trust without a probate when the sole current beneficiary or both current co-beneficiaries die. ## **Ready to Get Started? Book a Free Meeting or Submit Our Trust Questionnaire** Your family deserves to be protected. A revocable living trust is one of the smartest legal moves you can make — and it costs less than most people expect. Do not wait. The only thing worse than not having a trust is realizing too late that you needed one. **[Book a free office, phone, or Zoom video meeting with Richard Keyt today.](https://www.keytlaw.com/calendar)** Or fill out our trust questionnaire and we will get started right away: **👉 [keytlaw.com/ct — Revocable Trust Questionnaire](https://www.keytlaw.com/ct/)** ## **About the Authors** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick) is an Arizona estate planning and LLC attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at and the fee and the [36 documents & services](https://www.keytlaw.com/ep-contents) in their estate plan. ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Videos](https://www.keytlaw.com/ourvideos/) **Published:** October 2, 2024 **Author:** Richard Keyt **Content:** ## Our Videos Below are some of our estate planning videos and LLC videos. We have over 290+ LLC and estate planning videos on our [YouTube channel](https://www.youtube.com/@keytlaw), so if you don’t find what you need below, go to our [YouTube channel](https://www.youtube.com/@keytlaw). We want to help people learn about what we do and how we can help them. We don’t charge to answer questions. Call or email Richard Keyt (Rick the father) at 480-664-7478 or rk@keytlaw.com Call or email Richard C. Keyt (Ricky the son) at 480-664-7472 or rck@keytlaw.com Book a free office, phone or Zoom video with one of the Keyts by using their [online calendar](https://www.keytlaw.com/calendar). ## Estate Planning Videos ## LLC Videos Protect Your Loved Ones with an Estate Plan with a Trust How We Make Arizona LLC Formations Easy and Affordable Estate Planning: Leaving a Legacy for Future Generations Why You Need an LLC to Protect Your Personal Assets The 36 Documents & Services You Will Get in Our Estate Plan with a Revocable Living Trust We’ve formed 9,700+ Arizona LLCs for People who Trusted Us Protect Your Minor Children’s Inheritance: How To Secure Their Future Contents & Prices of Our 3 Arizona LLC Formation Packages including the Confidential LLC Keeping Your Trust Updated: When Things Change In Your Life then Update Your Estate Plan How to Form a Confidential / Anonymous Arizona LLC that Doesn’t Disclose Your Name or Address Why Estate Planning Matters: It Protects Your Legacy & Most Valuable Assets: Your Loved Ones The Importance of an Operating Agreement when Your LLC has Multiple Members Adopt a Revocable Living Trust to Avoid Probate & Insure Assets Go to the Right Heirs An explanation of the 4 ways LLCs can be taxed under the federal income tax law Trust Planning: Secure Your Family’s Financial Future & Avoid an Expensive Probate How to Add or Remove a Member of an Arizona LLC Pet Emergency Card: Don’t Forget About Your Pets! They are family members too Capital Contribution vs. Loan to LLC – How to Fund Your LLC --- ### [How Often Should You Review Your Estate Plan? | KEYTLaw](https://www.keytlaw.com/how-often-to-review-estate-plan/) **Published:** June 7, 2026 **Author:** Richard Keyt **Content:** # How Often Should You Review Update Your Estate Plan? [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## How Often Should You Review and Update Your Estate Plan? Creating an estate plan is one of the most important things you will ever do for the people you love. But signing your documents and putting them in a drawer is not the finish line — it is just the beginning. An estate plan that reflected your life perfectly ten years ago may be badly outdated today. The good news is that reviewing your plan is usually quick and painless. The bad news is that most people never do it. In this article I explain how often you should review your estate plan and — just as importantly — the specific life events and legal changes that require you to update your documents right away. ## **The Basic Rule: Review Every Three to Five Years** Even if nothing dramatic has happened in your life, you should review your estate plan at least every **three to five years**. Why? Because your circumstances change gradually over time even when there is no single defining event. The people you named as trustees, executors, agents, and guardians may have moved away, become ill, or had a falling out with you. The assets in your estate may have grown substantially or shifted in character. Tax laws change. Arizona estate planning law evolves. A routine periodic review catches these slow-drift problems before they become crises. Think of your estate plan review the same way you think about a physical with your doctor. You go even when you feel fine, because some problems are silent until they are serious. The same is true for your estate plan. ## **Life Events That Require an Immediate Estate Plan Review** Certain life events should trigger an immediate review — not a “I’ll get to it eventually” review, but a call to your estate planning attorney within the next few weeks. Here are the most important ones: ### **1. You Get Married** Marriage changes everything. If you had an estate plan before the marriage, it was designed for a different life. You will almost certainly want your new spouse named as the primary beneficiary of your revocable living trust, as your successor trustee, and as your agent under your financial and healthcare powers of attorney. You will also need to update the beneficiary designations on your life insurance, IRAs, 401(k)s, bank accounts, and other accounts that pass by beneficiary designation rather than through your trust. Do not assume that getting married automatically fixes your estate plan. It does not. Your prior estate planning documents remain in effect until you change them. ### **2. You Get Divorced** Divorce is equally urgent. Arizona law does automatically revoke certain provisions benefiting a former spouse after a divorce decree is entered, but the law does not automatically rewrite your entire plan. Your ex-spouse may still be named in places that Arizona law does not reach — including as a beneficiary of your retirement accounts and life insurance, which pass outside of probate and outside of your will. You need to: - Amend or restate your revocable living trust to remove your former spouse - Update your will, powers of attorney, and healthcare directive - Change the beneficiary designations on *every* account and policy individually - Remove your ex as a trustee, successor trustee, or executor - Consider whether to create a new plan from scratch if the prior plan was heavily built around the marriage Failing to update your estate plan after divorce has caused some of the most heartbreaking outcomes I have seen in my 40+ years of Arizona law practice — estates left unintentionally to ex-spouses, children cut out, and families torn apart by litigation that could have been avoided with a phone call. ### **3. A Child Is Born or Adopted** The birth or adoption of a child is a joyful event and a critical estate planning trigger. You need to: - Add the new child as a beneficiary in your trust - Nominate a guardian for the child in your will — this is the *only* place where Arizona law allows you to nominate who will raise your minor children if both parents are gone - Decide at what age and under what conditions the child will receive their inheritance outright - Consider establishing a [Beneficiary-Controlled Asset Protected Trust (BCAPT)](https://www.keytlaw.com/trusts/bcapt/) so your child’s inheritance is shielded from future creditors, divorce, and lawsuits If you have minor children and no estate plan, or an estate plan that predates a child’s birth, please call us. The stakes are too high to wait. ### **4. A Child Becomes an Adult** When a child turns 18 in Arizona, they are legally an adult — which means you no longer have automatic authority to make healthcare or financial decisions for them. This surprises many parents. Your 18-year-old college student needs their own durable financial power of attorney and healthcare power of attorney naming you as agent so that you can act on their behalf in an emergency. In addition, when your children become adults, you may want to update your trust to reflect the ages and conditions under which they will receive their inheritance. ### **5. A Beneficiary or Key Person in Your Plan Dies** If a named beneficiary, successor trustee, executor, or agent under a power of attorney passes away, your plan may have gaps or unintended results. Review your documents to designate a replacement and confirm the plan still works as intended. ### **6. Your Financial Situation Changes Significantly** A major increase or decrease in wealth should prompt a review. If you receive a substantial inheritance, sell a business, or acquire significant real estate, you need to make sure those new assets are properly titled in your trust and that your plan still reflects your wishes. Conversely, if your financial situation has changed dramatically, sub-trusts and other provisions in your plan may no longer be appropriate. ### **7. You Acquire New Real Estate** Every piece of real property you own needs to be transferred into your revocable living trust by deed — or it will almost certainly go through Arizona probate when you die. Many people create a trust, fund it at the time of signing, and then purchase additional property years later without transferring it. That new property is not in the trust. It will go through probate. Review your plan and deed all real property into your trust. ### **8. You Move to Another State** Estate planning documents that were valid and properly executed in one state are generally recognized in Arizona, and Arizona documents are generally recognized in other states — but “generally” is not “always.” More importantly, the law of your new state may affect how your assets are distributed, how your powers of attorney work, and what formalities are required for your healthcare directive. If you move from Arizona to another state, or to Arizona from another state, have a local estate planning attorney review your documents. ### **9. Your Choice of Trustee, Executor, or Agent Changes** The people you named when you first created your plan may no longer be the right choices. Perhaps your named successor trustee has moved far away, developed health problems, or had a significant change in their relationship with you. Perhaps you named a sibling as your healthcare agent but you are now estranged. The humans in your estate plan matter as much as the legal language. Review your designations periodically and update them when the right person changes. ### **10. A Significant Change in Tax Law** The federal estate tax exemption has changed dramatically over the years and will likely change again. As of 2025, the federal estate tax exemption is over $13 million per person. When the Tax Cuts and Jobs Act provisions sunset (currently scheduled for the end of 2025 unless Congress acts), the exemption could drop significantly. If you have a taxable estate or an older plan built around tax-minimization strategies that are no longer relevant, a review with your attorney is warranted. ## **The Critical Importance of Funding Your Trust** Every estate plan review should also include a review of your **trust funding**. I want to be direct about this because it is the most common and most costly mistake I see: > **An unfunded revocable living trust does not avoid probate. Period.** If you have a revocable living trust but your home is titled in your own name, your brokerage accounts do not name the trust as a beneficiary, and your bank accounts pass to your heirs by the bank’s default rules — your estate will go through Arizona probate court just as if you had a will only. The trust is irrelevant for assets that are not in it. Proper trust funding means: - Transferring title to real property into the trust by deed (recorded with the county) - Retitling bank and brokerage accounts in the name of the trust - Naming the trust as beneficiary (or successor beneficiary) of life insurance and retirement accounts as appropriate - Transferring ownership of business interests into the trust - Transferring personal property of significant value Every time you review your estate plan, walk through your assets and confirm that each one is properly connected to your trust. ## **What to Look for in a Periodic Estate Plan Review** When you sit down to review your estate plan — whether on a scheduled basis or because a life event has occurred — here is a practical checklist of what to examine: 1. **Beneficiaries:** Are all named beneficiaries still living? Are they still the right people to receive your estate? 2. **Successor trustees and executors:** Is your named successor trustee still willing and able to serve? Do you have a backup? 3. **Powers of attorney:** Are your financial and healthcare agents still the right people? Are the documents still current and acceptable to institutions? 4. **Guardian nominations:** If you have minor children, is your nominated guardian still the right choice? 5. **Trust funding:** Are all of your significant assets titled in your trust or connected to it by beneficiary designation? 6. **Distribution provisions:** Do the ages, conditions, and percentages for distribution in your trust still reflect your wishes? 7. **New assets:** Have you acquired real estate, business interests, or other significant property since your last review? 8. **Beneficiary designations:** Do the beneficiary designations on your IRA, 401(k), life insurance, and similar accounts still match your plan? 9. **Digital assets:** Do you have provisions for your digital assets, including cryptocurrency, online accounts, and digital files? 10. **Business interests:** If you own an LLC or other business, is ownership of that interest properly addressed in your estate plan? ## **Do Not Let Perfect Be the Enemy of Good** One reason people put off estate plan reviews is that they know updates are needed but feel overwhelmed. My advice: do not wait until you can address every issue perfectly. Even a partial update — updating a single beneficiary designation today, or calling an attorney to start the amendment process — is better than leaving an outdated plan in place indefinitely. An outdated estate plan is not a safety net. In many cases it is a source of unintended results, family conflict, and unnecessary expense for the people you love most. ## **Ready to Review or Update Your Arizona Estate Plan?** If you have not reviewed your estate plan in three or more years — or if any of the life events described above apply to you — I encourage you to schedule a consultation with me and my son and law partner [Ricky Keyt](https://www.keytlaw.com/richard-c-keyt), who was a CPA before going to law school. Together we can review your existing documents, identify gaps and outdated provisions, and recommend the most cost-effective path to updating your plan. We have helped more than 1,000 Arizona families create and maintain estate plans that actually protect their loved ones. We would be honored to help yours. **[Schedule free your estate plan review consultation here.](https://www.keytlaw.com/calendar)** ## **Frequently Asked Questions** ### **How often should I review my estate plan?** You should review your estate plan at least every three to five years even if nothing significant has changed in your life. In addition, any major life event — such as marriage, divorce, the birth of a child, the death of a beneficiary or trustee, a significant change in assets, or a move to another state — should trigger an immediate review. ### **Does getting married require me to update my estate plan?** Yes. Marriage is one of the most important triggers for updating your estate plan. You will almost certainly want your new spouse named as a primary beneficiary on your trust, will, and beneficiary designations, and as your successor trustee, executor, and agent under your powers of attorney. Failing to update your plan after marriage can create serious unintended consequences. ### **What happens to my estate plan after a divorce?** Arizona law automatically revokes certain provisions in favor of a former spouse after a divorce, but the law does not automatically fix everything. You should update your revocable living trust, will, powers of attorney, healthcare directive, and all beneficiary designations immediately after a divorce is final to make sure your ex-spouse is completely removed from your estate plan. ### **Do I need to update my estate plan when a child is born?** Yes. When a child is born or adopted, you should update your estate plan to add that child as a beneficiary of your trust, nominate a guardian for the child in your will, and consider whether you want to create a protected sub-trust to hold the child’s inheritance. ### **Should I update my estate plan if I move to another state?** Yes. Estate planning laws vary significantly from state to state. If you move to a new state, you should have an estate planning attorney in that state review your documents to confirm they comply with local law and still accomplish your goals. Powers of attorney, healthcare directives, and wills are especially state-specific. ### **What is the risk of not funding my revocable living trust?** An unfunded revocable living trust is nearly useless. If you do not transfer ownership of your assets into the trust — or name the trust as the beneficiary of accounts and policies — those assets will likely have to go through Arizona probate court before they can be distributed to your loved ones. Creating a trust is only the first step; funding it is equally essential. ## **About the Authors** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick) is an Arizona estate planning and LLC attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at and the fee and the [36 documents & services](https://www.keytlaw.com/ep-contents) in their estate plan. ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Corporation Commission's LLC Web Pages](https://www.keytlaw.com/arizona-llc/) **Published:** January 17, 2026 **Author:** Richard Keyt **Content:** # Arizona Corporation Commission LLC Directory: All Essential Links Forming and operating an Arizona LLC in 2026 requires navigating the state’s new website called the Arizona Business Center (ABC) which officially replaced the defunct eCorp system on January 12, 2026. To ensure legal compliance, when forming a new Arizona LLC business owners must file Articles of Organization, appoint a Statutory Agent, & satisfy the state’s mandatory publication requirements if the LLC’s ![](https://www.keytlaw.com/wp-content/uploads/2026/01/azllc-image-1024x558.jpg "- KEYTLaw") address is not in Maricopa or Pima County. This guide provides the most up-to-date legal insights for Arizona entrepreneurs to successfully launch and operate their entities under the current 2026 Arizona Corporation Commission guidelines and Arizona LLC law. ## The Ultimate Arizona ACC LLC Link Hub **ABC Website Pages** **Website URLs** **Arizona Business Center** **Entity Information Search**: Find information about an existing LLC, PLLC or corporation. See members, managers, shareholders, officers, directors, statutory agent, addresses and filed documents. **LLC & PLLC Name Availability Search**: See if the name you want for your new LLC or PLLC is available. **Get an Arizona Corporation Commission Account**: Create an ACC account if you want to form an LLC, a PLLC or a corporation or amend Articles of Organization or Articles of Incorporation. **Login to Your ACC Account**: Go here to login to your existing ACC account. **Form a New Arizona Entity**: Go to the ABC login page & login to your account. You must have an ACC account to form an LLC, a PLLC or a corporation. **Filing Fees**: LLC, PLLC & corporation filing fees. [https://azcc.gov/corporations/fee-and-payment-info](https://arizonabusinesscenter.azcc.gov/login) **Arizona Corporation Commission’s LLC Forms.** **Document Processing Times**: How long it takes for the Arizona Corporation Commission to process a filing. [https://arizonabusinesscenter.azcc.gov/processingTimes/](https://arizonabusinesscenter.azcc.gov/login) **Get Free Answers to Your LLC Questions**: Call Arizona LLC attorney Richard Keyt at 480-664-7478 or go to his calendar & book a free office, phone or Zoom video meeting. [www.keytlaw.com/calendars/](https://www.keytlaw.com/calendar) **What You Get if You Hire Us to Form Your LLC or PLLC Today or Tomorrow**: See the contents and prices of our 3 formation packages. [azllc.com/contents/](https://azllc.com/contents) **How to Hire Us to Form an LLC**: To hire us to form an Arizona LLC or PLLC submit our online formation questionnaire. [https://azllc.com/llcq/](https://azllc.com/llcq) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Our Services](https://www.keytlaw.com/arizona-legal-resources/) **Published:** February 24, 2026 **Author:** Richard Keyt **Content:** # Our Practice Areas ## # Legal Services We Provide We are dedicated to providing Arizona residents and business owners with experienced, straightforward legal guidance. Our practice focuses on the foundational aspects of your life and business—from forming your LLC or nonprofit to protecting your family’s assets through comprehensive estate planning. Please explore our core practice areas below to read detailed articles and learn more about how we can assist you. Below are links to web pages on our website in which Arizona attorneys [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/) and his son, former CPA [Richard C. Keyt,](https://www.keytlaw.com/attorneys-staff/richard-c-keyt) provide tons of information about their services. If you have questions, call Rick (the father) at 480-664-7478 or Ricky (the son) at 480-664-7472. They don’t charge to answer questions. You can also make a free phone, office, or Zoom video meeting with one of the attorneys by booking a meeting on the Keyt’s [online calendar](https://www.keytlaw.com/calendar). [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ## Our Legal Services **Wills, Trusts & Estate Planning** - [How to Hire Us to Prepare Your Estate Plan with a Revocable Living Trust](https://www.keytlaw.com/arizona-revocable-living-trust-attorney/) - [Articles about Wills, Trusts & Estate Planning](https://www.keytlaw.com/arizona-estate-planning-guide/). We want to prepare your custom estate plan that protects your most valuable assets – your loved ones. **Forming & Operating LLCs & PLLCs** - [Fees & Contents of Our 3 Arizona LLC Formation Packages](https://azllc.com/contents) - Submit our questionnaire to hire us to form an [Arizona LLC](https://azllc.com/llcq), a [Wyoming LLC](https://www.keytlaw.com/azllclaw/wyllcq/), a [Delaware LLC](https://www.keytlaw.com/azllclaw/dellcq/) or a [Nevada LLC](https://azllc.com/llcqnv/) - [Complete Guide to Forming and Operating LLCs & PLLCs](https://www.keytlaw.com/form-arizona-llc/) - [How to Form an LLC in Arizona FAQ](https://azllc.com/llc-faq/) - [Arizona Statutory Agent Service](https://www.keytlaw.com/arizona-statutory-agent/). For $99/year, we can be your LLC’s or corporation’s statutory agent (aka registered agent in other states). For $100 a year your LLC or PLLC can also use our address for all addresses on the Arizona Corporation Commission’s website. - [Dissolve Your Arizona LLC | Fast, Done-For-You Service](https://www.keytlaw.com/dissolve-arizona-llc/). We prepare the documents to terminate Arizona LLCs and PLLCs. **We Represent Personal Reprentatives in Arizona Probates** - [Expert Legal Guidance for Arizona Superior Court Probate](https://www.keytlaw.com/arizona-probate-attorney/). Learn about Arizona probate law, how to hire us as your probate attorney, and Arizona’s small estate probate exemption for personal property under $200,000 and Arizona real estate under $300,000. - [Arizona Real Estate Law](https://www.keytlaw.com/arizona-real-estate-law/). Hire us to prepare a Special Warranty Deed, a Beneficiary Deed, a contract to buy or sell Arizona real property or review a lease. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Operating an Arizona LLC: Complete Management Guide](https://www.keytlaw.com/operating-arizona-llc/) **Published:** February 21, 2026 **Author:** Richard Keyt **Content:** # Complete Guide to Operating & Managing Arizona LLCs [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky 480-664-7472), are Arizona LLC attorneys who have formed 10,000+ Arizona LLCs. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to form your new Arizona LLC or PLLC today. Call, email, or [book a free meeting](https://www.keytlaw.com/calendar). ![](https://www.keytlaw.com/wp-content/uploads/2026/03/llc-image-1024x572.png "- KEYTLaw") You’ve already filed your Articles of Organization, secured your name, and officially formed your Arizona LLC—congratulations! But forming your LLC was only step one. Now comes the most important part: running the correctly to protect your personal assets and stay compliant with state laws. There is a massive difference between *forming* an LLC and *operating* an LLC. While formation is a one-time event, operation is an ongoing process. Whether you need help drafting a rock-solid Operating Agreement, understanding your annual tax obligations, or maintaining your corporate veil, the articles below cover everything you need to successfully manage your existing Arizona LLC. [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ## Services for LLCs & PLLCs KEYTLaw attorneys provide many other LLC & PLLC services in addition to forming new companies. Below is a list of services we provide for people who have existing Arizona LLCs & PLLCs. To hire us complete the appropriate questionnaire. When you submit the questionnaire, our system will send an email message to the email address you enter into the questionnaire so you can review your information and change it if necessary. - **Operating Agreement**. Hire us to prepare a custom Operating Agreement Agreement by submitting our [Operating Agreement Questionnaire](https://azllc.com/oaq). - **Add or Remove a Member**. To hire us to document the addition or removal of one or more members or managers of an Arizona LLC submit our [Member or Manager Change Questionnaire](https://azllc.com/changeq/). Members who are being removed should sign an Assignment of Membership Interest Agreement. This is the document that transfers the outgoing member’s membership interest to whoever is acquiring that membership interest. If the company is member managed it must file an Amendment to its Articles of Organization with the Arizona Corporation Commission to add new members and/or remove former members. If the company is manager managed it must file an Amendment to its Articles of Organization if there is an addition or removal of any member who owned or will own 20% or more of the profits of the company. If the company is manager managed and any manager is added or removed the company needs to amend its Articles of Organization to reflect the change. Whenever there is a change in members or managers the parties should sign an amended Operating Agreement to reflect the changes. You can purchase all of these documents using our questionnaire. - **Address Change for LLC, Member or Manager**. Hire us to change an LLC or PLLC’s principal address or the address of a member or manager on the records of the Arizona Corporation Commission. Submit our [LLC, Member & Manager Address Change Questionnaire](https://www.keytlaw.com/azllclaw/address-change/). - **Multi-Member LLC Buy Sell Agreement**. Hire us to prepare a custom Buy Sell Agreement for multi-member LLCs by submitting our [Buy Sell Agreement Questionnaire](https://azllc.com/bsaq/). This is the exit strategy for multi-member LLCs. Without a Buy Sell Agreement members of an AZ LLC are stuck with each other for perpetuity. This agreement gives the company and members an option to buy or may require them to buy the membership interest of a member who dies, files for bankruptcy, is convicted of a felony or suffers any other triggering event stated in the agreement. The questionnaire lets to select any or all of 19 possible triggering events. You can also add your own triggering events. - **Amend the Articles of Organization**. Hire us to amend the Articles of Organization of an Arizona LLC or PLLC to: (1) change its name or address, (2) change the address of any member or manager, and/or (3) add or remove a member or manager. Submit our [Amending Articles of Organization Questionnaire](https://www.keytlaw.com/azllclaw/aaoo-q/). - **Buy a Confidential Revocable Living Trust**. Hire us to prepare a revocable living trust to own an Arizona LLC or PLLC by submitting our [Confidential Trust Questionnaire](https://www.keytlaw.com/azllclaw/ct-questionnaire/). This trust can keep the ultimate owner’s name off the Arizona Corporation Commission’s website if the name of the trust does not contain the ultimate owner’s name. It can be used for confidentiality. - LLC Beneficiary Designation. Hire us to prepare an **LLC Beneficiary Designation** that Arizona residents can use to give their membership interests in an Arizona LLC formed by KEYTLaw, LLC, after December 15, 2020, to the person or people they want to inherit the interest if they die. Operating Agreements for LLCs we formed after December 15, 2020, contain language that allows members to use our LLC Beneficiary designation to transfer membership interests of a deceased member. If we formed your LLC before December 15, 2020, and you want to use our LLC Beneficiary designation, your LLC must hire us to amend the LLC’s Operating Agreement to include the LLC Beneficiary designation language. To hire us to prepare an LLC Beneficiary designation, submit our [LLC Beneficiary designation questionnaire](https://azllc.com/bdf). To hire us to amend an Arizona LLC’s Operating Agreement, submit our [Operating Agreement amendment questionnaire](https://azllc.com/oaq). - **Amendment to a Confidential Trust** questionnaire for $347. If you want to amend the confidential trust we prepared for you when you hired us to form a Gold LLC, complete and submit our [Confidential Trust Amendment questionnaire](https://www.arizona-wills.com/ctq/). ## LLC Videos Contents and prices of our three LLC formation packages. How to form a confidential Arizona LLC that does not disclose your name or address. How an Arizona LLC that owns real estate or a business protects the assets of the LLC’s owner(s). ## Contact an AZ LLC Attorney: No Fee ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [How to Hire Us to Prepare Your Estate Plan with a Trust](https://www.keytlaw.com/arizona-revocable-living-trust-attorney/) **Published:** February 23, 2026 **Author:** Richard Keyt **Content:** # Peace of Mind Starts Here: Your Simple Roadmap to a Secure Estate Plan **We want to prepare an estate plan with a revocable living trust that protects your most valuable assets – your love one.** We serve people in Scottsdale, Phoenix, Paradise Valley, Tempe, Chandler, Mesa, Gilbert, Cave Creek, Fountain Hills and people who live throughout Maricopa County. Taking care of your family isn’t just about the here and now—it’s about ensuring they are held and protected no matter what the future brings. ![](https://www.keytlaw.com/wp-content/uploads/2025/10/another-family-768x768.png "- KEYTLaw") If you own a home, a retirement account, or anything else you want to pass on to the people you love, you need a proper Arizona estate plan — and a will alone won’t cut it. Many Arizonans don’t realize that a will still has to go through Arizona’s probate process, which is time-consuming, expensive, and completely public. A revocable living trust, on the other hand, lets your assets pass directly to your loved ones without probate, without court involvement, and without unnecessary delay. After more than 45 years of practicing law in Arizona, I’ve seen firsthand what happens to families who planned well — and families who didn’t. The difference is significant. At KEYTLaw, every estate plan we prepare is custom-designed around your family, your assets, and your goals. You won’t get a cookie-cutter document package. Your plan will include a revocable living trust, a healthcare power of attorney, a financial power of attorney, a living will, a deed transferring your home into your trust, and several other documents that work together as a complete, coordinated system. We also include irrevocable asset-protected trusts for your beneficiaries inside the plan, so that when your children or other heirs receive their inheritance, it’s shielded from creditors, ex-spouses, and bankruptcy courts. That’s protection most estate plans simply don’t provide. We want to help you protect your most valuable assets — your loved ones. Whether you’re a retiree, a parent of young children, a business owner, or someone who simply wants the peace of mind that comes from knowing your affairs are in order, we’d love to talk with you. You can book a free office, phone, or Zoom video consultation at [keytlaw.com/calendar](https://www.keytlaw.com/calendar), or learn more about Arizona estate planning at [keytlaw.com](https://www.keytlaw.com/). There’s no pressure and no obligation — just a straightforward conversation about what makes sense for you and your family. To hire us to prepare your custom estate plan follow the simple steps described below. We typically prepare client’s documents and have the client come to our office to sign a week after the design meeting.. ## Why You Should Hire Us Learn [why you should hire us](https://www.keytlaw.com/hire-us/) to prepare your estate plan with a revocable living trust. ## Our Fees & 36 Documents & Services in Our Estate Plan See the fees and the [36 documents and services](https://www.keytlaw.com/ep-contents) in our custom estate plan with a revocable living trust. **We doubt you will find an estate planning attorney whose estate plan includes as many documents and services as we provide.** Look at other estate planning lawyers’ websites, and they usually don’t tell you what you get if you hire them or the fees they charge. We don’t hide the ball. Our estate plan fees are shown below at the end of the list of documents and services. [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ## Steps to Hire Us - **Step 1: Contents of Our Estate Plan**: To protect your most valuable assets—your loved ones—read about the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get you if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch [our video about the 36 documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). - **Step 2: Book a Free Discovery Meeting**: Book a free no-obligation office, phone, or Zoom video meeting with one of our estate planning attorneys to get answers to your questions and design your custom estate plan. We’ll chat about your family, your goals, and any specific concerns you have. This isn’t about legal jargon; it’s about us getting to know what matters most to you so we can determine the best path forward together. To book a free meeting, go to the Keyt’s [online calendar](https://www.keytlaw.com/calendar) or call our estate planning legal assistant Michelle Watkins at 480-664-7413. - **Step 3: Submit Our Online Estate Plan Questionnaire**: Before your free meeting with a KEYTLaw, LLC, attorney, please complete and submit our [Estate Plan Questionnaire](https://www.keytlaw.com/epq/) so he has time to understand your situation before the meeting. Submitting the Questionnaire helps us design an estate plan that meets your goals. All information you enter will be strictly confidential. The more of the Questionnaire you complete, the better, but please don’t get stuck if there is something you aren’t sure of. If you don’t know how to answer a question, skip the question. You can always go back and fill in more of the information or make corrections later. - **Step 4: Meet with Richard Keyt or His Son Richard C. Keyt**: During this meeting we will learn about you and your loved ones and your concerns, answer your questions and design a custom estate plan that will protect your most valuable assets – your loved ones. Once we’ve identified your concerns and you needs, we will go to work on your custom estate plan. We don’t believe in “cookie-cutter” templates. We will design a **personalized estate plan strategy that satisfies your goals and objectives.** - **Step 5: Sign Your Documents**. During this meeting we will answer your questions, make any changes you want to make and you will then sign your documents. We will provide two witnesses and a notary. We are located at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale. - **Step 6: We Send you your Estate Plan Documents in a 3 Ring Binder**. All your documents are organized behind tabs in the binder. You will also get a thumb drive that contains digital pdf files of all of your signed documents. - **Step 7 Funding Your Trust**. A trust is like a safe—it only works if you put your valuables inside. We will prepare a deed that transfers your home to your trust. Transferring your other assets to your trust is your responsibility unless you hire us to do some or all of the funding. We give you a 22 page funding roadmap called “*Funding Your Trust from A to Z*.” to help you retitle your Arizona real estate, bank accounts, and investments into the name of your trust. This article explains how to transfer 13 different types of assets to your trust. To hire us to fund your trust submit our [funding questionnaire](https://www.keytlaw.com/aq/). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Living Trust & Estate Planning Attorneys | KEYTLaw](https://www.keytlaw.com/hire-arizona-estate-planning-attorney/) **Published:** February 22, 2026 **Author:** Richard Keyt **Content:** # How to Hire Us to Prepare Your Custom Estate Plan with a Trust ## Protect Your Most Valuable Ass Your Loved Ones ## Our 5-Star Reviews Excellent [KEYTLaw LLC](https://www.keytlaw.com/)4.9 [See all reviews](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Cindy S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My son passed away in AZ where he lived. I, his mother live in Savannah, GA. Not familiar with AZ law, I went to the Keyt Law offices in Phoenix. Richard Keyt Jr. was very welcoming and helpful from the start and all the way through Probate. Any questions that I had, he answered promptly and efficiently. I would highly recommend this Law firm. I am very pleased! Thank you Richard!!!!! [Divine Doors Assisted Living, L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My attorney Ricky with KEYTLaw has been so helpful through the process of starting my business. I am grateful to him and his staff for their timely assistance and for their expertise. [Mark B.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Laura H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have worked with Keyt law for many years, they’ve helped me form all of my LLCs, create my estate plan, and handle many other legal matters. Their staff is always friendly, responsive, and professional, making every process smooth and stress free. I highly recommend Keyt Law to anyone looking for knowledgeable attorneys who provide exceptional service. [Lucia W.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I first contacted Keyt Law firm when I was thinking about opening up my own nonprofit business. Everyone that I spoke to was very patient and knowledgeable in going through the steps necessary to make sure that I was comfortable in what I was endeavoring to do. Special thanks to Noah who was always available to answer my questions and guided me through all the steps. I am very confident in recommending Keyt Law Firm. [Greg M.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Noah is very helpful with a can do attitude. I wish the world had more like him. [montetackett](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Easy, affordable and accurate. [Valli Dawn H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard, Noah and the team at Keyt Law did a great job helping us with several estate and corporate planning goals we had. They were prompt, thorough, provided great communication and we will contact them again anytime we need updates or help. [Joseph Z.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Awesome services and great communication. Highly recommended! [Susan R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Twenty years ago I decided to start a non profit with no business experience and a vision of helping teens who were facing multiple challenges. I found Keyt Law online with free information for start ups like mine. I randomly called the office and Mr. Keyt answered the phone. I explained my mission and he spent the next hour taking me through the process. He never sent me a bill for his invaluable time. Keyt Law has been my statutory agent since then with a very small fee. Any time I have a question or problem they are there for me. The integrity of this law firm is a direct reflection of its Founder. I was blessed to have them by my side. Special thanks to Noah from accounting who helped me with my annual report! [Andrew K.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very efficient service. My experience is limited to the formation of two LLCs. They were handled very well and quickly. The price was also reasonable. [Jerry G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Used them to set up LLC and annual renewal. Seamless and easy to work with. [M.M. R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very glad to give 5 star rating to KeithLaw firm. We have established an IRA LLC from 13 years ago with assistance from this very client friendly law firm. I found them to be very reliable, courteous and easy to work with. I still talk to them from time to time for timely advice as needed. I very strongly recommend this friendly family friendly legal firm to any one in need of legal help particularly those from retired community. [Mary E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law Firm was great in helping us set up our LLC and keeping us informed when things need to be renewed. [Eric G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard’s expertise and guidance made a big difference for us and we would not have been able to do this without his knowledge. He was kind enough to “warn us” that our first 1023 application may not get IRS approval because it wasn’t mission driven enough. That caused us to completely reframe our entire concept and a complete redo of the form and it worked out so well that we actually got approval from the IRS two weeks after submitting our form 1023 along with an expedited request. Thank you so much Richard! [Justin G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very helpful with setting up business organizations. [Latrice J.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I absolutely appreciate this firm because they have assisted me With my nonprofit in terms of setting it up and assisting me with education via their website and much more. I would not be able to continue helping survivors and domestic violence without their support. [Kara E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard Keyt Jr. is one of the most knowledgeable and thorough attorneys I have worked with. We hired Richard to review trust, estate, and loan documents that had been prepared by another attorney. During his review, he identified a significant issue that could have resulted in approximately hundreds of thousands of dollars in unnecessary tax consequences. His analysis likely saved our family an enormous amount of money and gave us confidence that the documents were accomplishing what was actually intended. When revised documents were later prepared, Richard reviewed those as well and identified additional concerns that warranted further attention. His willingness to carefully review every detail and ask the difficult questions provided an extra level of protection that was invaluable. What sets Richard apart is his ability to explain highly complex trust, estate, and tax issues in a way that ordinary people can understand. He is approachable, patient, and easy to talk to. He can support his opinions with statutes and case law, yet he never comes across as arrogant or intimidating. When dealing with important family, trust, and estate matters, you need someone who is willing to look beyond the surface and identify problems before they become expensive mistakes. Richard did exactly that for us. His expertise, attention to detail, and commitment to protecting his clients’ interests gave us tremendous peace of mind. I recommend Richard Keyt Jr. without hesitation. If you are looking for an attorney who combines exceptional legal knowledge with practical, understandable advice, Richard is an excellent choice. [Jacqueline F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) They set up my LLC 5 years ago and have been taking great care of me ever since! [Josh F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Bela F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Excellent staff, professional, attentive and considerate [Wayne L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very easy to work with and responsive, will be using them again. [Ken E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have done several LLCs and other work with Keyt Law, and they are expert, fast, affordable and easy to work with. Richard is always super accessible on the phone and he always makes time to answer questions, discuss options and provide solutions. [Dar S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law establishment out LLC for us and were very knowledgeable and efficient. They are great about providing their customers with information they should know about and there is no pressure to upsell you further services. [Garratt P.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Exceptionally professional, informative, and easy to work with. Richard Keyt Jr. made the process seamless and informative. The Gold Package is worth every penny. You will also receive this beautiful leather bound book with all your documents. [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ## Steps to Hire Us to Prepare Your Custom Estate Plan​ & Revocable Living Trust - **Step 1 Review the Contents of Our Estate Plan**: To protect your most valuable assets—your loved ones—read about the 36 [documents and services](https://www.keytlaw.com/ep-contents) we will give you if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch [our video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). - **Step 2 Book a Free Meeting**: Book a free no-obligation office, phone, or Zoom video meeting with one of our estate planning lawyers to get answers to your questions and design your custom estate plan. To book a free meeting, go to the Keyt’s [online calendar](https://www.keytlaw.com/calendar). During this meeting, we will answer your questions and work with you to design your custom estate plan. - **Step 3 Submit Our Online Estate Plan Questionnaire**: Before your free meeting with a KEYTLaw, LLC, attorney, we’d like you to complete and submit our optional [Estate Plan Questionnaire](https://www.keytlaw.com/epq/) so he has time to understand your situation before the meeting. If you don’t have time to submit the questionnaire before the meeting that’s ok. We can collect the information during our meeting. Submitting the Questionnaire helps us design an estate plan that meets your goals. All information you enter will be strictly confidential. The more of the Questionnaire you complete, the better, but please don’t get stuck if there is something you aren’t sure of. If you don’t know how to answer a question, skip the question. You can always go back and fill in more of the information or make corrections later. - **Step 4 Meet with Richard Keyt or His Son Richard C. Keyt in Our Office, by Phone or a Zoom Video Meeting**: We will answer your questions and collect the information we need to prepare your estate plan documents. We start with a deep dive into your world. We’ll discuss your assets, your family dynamics, and your specific goals. Whether you’re looking to protect a blended family, provide for a special needs heir, or simply ensure your home stays out of probate court, we’ll map out a custom blueprint. During this meeting we will design a custom estate plan that will protect your most valuable assets – your loved ones. - **Step 5 Come to Our Office & Sign Your Documents**. During this meeting we will answer your questions, make any changes you want to make and you will then sign your documents. We will provide two witnesses and a notary. We are located at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale. - **Step 6 We Mail You a 3-Ring Binder that Contains Your Estate Plan Documents**. All your documents are organized behind tabs in the binder. You will also get a thumb drive that contains digital pdf files of all of your signed documents. - **Step 7 Funding Your Trust**. A trust is like a safe—it only works if you put your valuables inside. We will prepare a deed that transfers your home to your trust. Transferring your other assets to your trust is your responsibility unless you hire us to do some or all of the funding. We give you a 22 page funding roadmap called “*Funding Your Trust from A to Z*.” to help you retitle your Arizona real estate, bank accounts, and investments into the name of your trust. This article explains how to transfer 13 different types of assets to your trust. [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![](https://www.keytlaw.com/wp-content/uploads/2025/10/another-family-768x768.png "- KEYTLaw") #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [How to Form an LLC in Arizona (2026 Guide)](https://www.keytlaw.com/form-arizona-llc/) **Published:** February 21, 2026 **Author:** Richard Keyt **Content:** # Complete Guide to Forming and Operating Arizona LLCs [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky 480-664-7472), are Arizona LLC attorneys who have formed 10,000+ Arizona LLCs. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to form your new Arizona LLC or PLLC today. Call, email, or [book a free meeting](https://www.keytlaw.com/calendar). ![](https://www.keytlaw.com/wp-content/uploads/2026/03/form-llc-1024x559.png "- KEYTLaw") ## LLCs Are Asset Protection Tools Starting a business in the Grand Canyon State is an exciting milestone, but navigating the legal requirements can sometimes feel overwhelming. If you are looking to protect your personal assets and establish a real estate holding company or a formal business entity, forming an Arizona Limited Liability Company (LLC) is one of the smartest moves you can make. Whether you are trying to figure out if your desired business name is available, looking for rules on appointing an Arizona statutory agent, or getting ready to file your Articles of Organization with the Arizona Corporation Commission (ACC), we have you covered. We have put together a comprehensive library of resources to make starting your LLC as simple as possible. Browse our collection of articles below for step-by-step instructions on how to successfully form and maintain your Arizona LLC. [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ## We Want to Form Your Arizona LLC Today To hire a KEYTLaw Arizona LLC attorney to form your Arizona LLC or PLLC and get it approved by the Arizona Corporation Commission within 24 hours of us being paid, submit our LLC Formation questionnaire below. We have three formation packages and prices. Our Gold LLC package is the confidential LLC because we draft a revocable living trust for you that owns the LLC. The trust keeps your name and address off the public records of the Arizona Corporation Commission. Any other assets your put in the trust will pass to your heirs without an expensive Superior Court probate. **Fees & Contents of Our 3 LLC Formation Packages** See the fees and a [detailed explanation](https://www.azllc.com/contents) of the 9 services (Bronze LLC), 15 services (Silver LLC) and 20 services (Gold LLC) we provide when hired to form an LLC or PLLC. - **Articles about Arizona LLCs**. We have written many [articles](https://www.keytlaw.com/azllclaw/toc/) that explain forming and operating Arizona limited liability companies. Our goal as Arizona LLC attorneys isi sto help people understand forming and operating Arizona LLCs and PLLCs. - **Our LLC Formation Questionnaire**. Submit this questionnaire to hire us to form your LLC or PLLC within 24 hours. [Arizona LLC or PLLC Formation Questionnaire](https://www.azllc.com/llcq/). - Buy a Confidential Revocable Living Trust. If you buy a Gold LLC that will have more than one member (husband and wife are considered one member) and an additional member does not want his or her name or address to be on the Articles of Organization filed with the Arizona Corporation Commission, then the additional member needs to purchase our confidential trust. To buy an additional confidential revocable living trust submit our [Confidential Trust Questionnaire](https://www.keytlaw.com/azllclaw/ct-questionnaire/). This trust will keep the ultimate owner’s name off the Arizona Corporation Commission’s website if the name of the trust does not contain the ultimate owner’s name. The trust also names the person or people who will inherit the membership interest without a probate if the trustmaker dies. The trust can own any of the trustmaker’s assets and all trust owned assets will avoid an expensive-time consuming probate on the death of the trustmaker(s) and pass immediately to the person or people named as heirs in the trust agreement. - **Form an IRA LLC – Also known as the Check Book LLC**. Form this type of LLC to be owned by your IRA account so you can invest your IRA money in non-traditional assets such as real estate. The custodian of the IRA accountmember is the member/owner of the LLC. The owner of the IRA account is the manager of the LLC. The manager runs the LLC and makes all investment decisions. To form an IRA LLC submit our [IRA LLC Formation Questionnaire](https://www.irallcs.com/qaz/). - **Buy Our LLC Member Beneficiary Designation**. Hire us to prepare a document that will cause your interest in an Arizona LLC to be inherited by the person or people you name in the beneficiary designation automatically on your death without the need for an expensive public Superior Court probate. Our LLC Beneficiary Designation prevents your heirs from doing a probate to transfer your membership interest if you die. Submit our [LLC Beneficiary Designation Questionnaire](https://azllc.com/bdf). ## LLC Videos Contents and prices of our three LLC formation packages. How to form a confidential Arizona LLC that does not disclose your name or address. How an Arizona LLC that owns real estate or a business protects the assets of the LLC’s owner(s). ## Contact an AZ LLC Attorney: No Fee [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [How to Dissolve an AZ LLC | Done-For-You Service | KEYTLaw](https://www.keytlaw.com/dissolve-arizona-llc/) **Published:** February 21, 2026 **Author:** Richard Keyt **Content:** # How to Dissolve an AZ LLC Done-For-You Service ## Fast, Hassle-Free Arizona LLC Dissolution Service **Close your business properly, avoid surprise tax penalties, and step away with complete peace of mind. We handle the Arizona Corporation Commission paperwork for you.** Whether you are retiring, starting a new venture, or simply closing up shop, officially terminating your Arizona LLC is not as simple as just walking away. If you don’t legally dissolve your business with the Arizona Corporation Commission (ACC), you remain on the hook for ongoing statutory agent requirements and potential legal liabilities. Navigating Articles of Termination, Articles of Dissolution, and getting clearance from the Arizona Department of Revenue can be frustrating and time-consuming. One mistake on the paperwork can lead to rejections and delays. Let us handle the red tape. We provide a seamless, done-for-you LLC dissolution service so you can officially close this chapter without the headache of bureaucratic guesswork. [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) Complete our online questionnaire and pay our fee to hire us to prepare and file the documents necessary to dissolve an existing Arizona LLC or PLLC. For more on this topic read “[What You Need to Know Before Dissolving an Arizona Limited Liability Company](https://www.keytlaw.com/azllclaw/terminating-llcs/how-to-terminate-an-az-llc/).” - Submit our [Dissolve LLC Questionnaire](https://www.keytlaw.com/azllclaw/termination-questionnaire/) ## Contact an AZ LLC Attorney: No Fee ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Statutory Agent | $99/Yr Attorney-Backed Service](https://www.keytlaw.com/arizona-statutory-agent/) **Published:** February 22, 2026 **Author:** Richard Keyt **Content:** # Hire KEYTLaw to Be Your LLC's Statutory Agent for $99/Year Every Arizona LLC is required by law to have a Statutory Agent with a physical address in the state. While you *could* serve as your own statutory agent, doing so forces you to make your home or business address part of the permanent public record of the Arizona Corporation Commission, which exposes you to junk mail, unannounced visitors, and a loss of privacy. When you hire KEYTLaw, LLC as your Statutory Agent, you get more than just an address. You get the peace of mind that comes with knowing a dedicated Arizona law firm is standing guard. **Why Arizona LLC Owners Choose KEYTLaw:** - **Total Privacy:** Keep your home and business address off the Arizona Corporation Commission’s public LLC database. - **Never Miss a Deadline:** If your LLC is sued, the legal papers go to us. We immediately notify you so you never risk a devastating default judgment. - **Legal Authority:** We aren’t a faceless mail-forwarding service. We are experienced Arizona business attorneys who understand what is at stake for your company. [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ## KEYTLaw's Statutory Agent Service We charge $99/year to be your LLC’s statutory agent. Your LLC can also buy our address service for $100/year so the address of the LLC and all of its members and managers will be our address instead of the address of the members and managers. To hire us submit the questionnaire below. - [New Hire Statutory Agent & Address Service Questionnaire](https://www.keytlaw.com/azllclaw/saq/) – Submit this questionnaire to hire KEYTLaw to be your LLC’s statutory agent and/or use its address service. - [Questionnaire to rehire KEYTLaw ](https://www.keytlaw.com/azllclaw/rehire/)to be your LLC’s statutory agent. - [Address Service Agreement](https://www.keytlaw.com/azllclaw/addressq/) – Use this questionnaire to purchase our address service, but not our statutory agent service. ## LLC Videos Contents and prices of our three LLC formation packages. How to form a confidential Arizona LLC that does not disclose your name or address. How an Arizona LLC that owns real estate or a business protects the assets of the LLC’s owner(s). ## Contact an AZ LLC Attorney: No Fee ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Real Estate Attorney | Residential Sales & FSBO](https://www.keytlaw.com/arizona-real-estate-law/) **Published:** February 15, 2026 **Author:** Richard Keyt **Content:** # Arizona Real Estate Attorney Residential Sales & FSBO Richard Keyt and his son former CPA Richard C. Keyt are Arizona real estate attorneys. by [Richard Keyt](https://web.archive.org/web/20170706020230/http://www.keytlaw.com/attorneys-staff/richard-keyt/), Arizona real estate attorney The following is a list of the documents that are used in a typical sale of Arizona residential real estate, including Arizona for sale by owner transactions. A particular sale may not use every one of the following documents, but most of the documents are used in almost all Arizona residential sales. The first list below is the most commonly used residential real estate sale documents. The second list below consists of documents that are also commonly found in Arizona residential real estate transactions and prepared by or obtained from third parties. **Common Arizona Residential Purchase / Sale Documents:** - **Purchase Agreement**. Arizona law provides that a contract to sell Arizona land is not enforceable unless it is in writing. This is the document that contains the terms and conditions applicable to the sale. It is the most important legal document in any sale transaction because it states the rights and obligations of each party. - **Escrow Instructions**. Although not required, most Arizona sales of real property involve an escrow company that acts as the escrow agent. Escrow instructions may be included in the Purchase Agreement or may be a separate standard preprinted escrow company provided document. Escrow instructions may be modified, including an escrow company’s standard preprinted instructions. For more information about escrows, see [What Happens In Escrow](https://web.archive.org/web/20170706020230/https://www.ctic.com/whathappensescrow.asp). - **Deed**. This is the document that when signed, acknowledged before a notary public and given to the buyer will transfer title to the property to the buyer. Commonly used types of deeds in Arizona are: (i) Warranty Deed, (ii) Special Warranty Deed, and (iii) Quit Claim Deed. If you are the buyer of Arizona land, you should negotiate for a Warranty Deed if possible, but accept a Special Warranty Deed and never accept a Quit Claim Deed. - **Affidavit of Legal Value**. Arizona Revised Statutes [Section 11-1133](https://web.archive.org/web/20170706020230/http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/11/01133.htm&Title=11&DocType=ARS) requires that all deeds to be recorded in Arizona must be accompanied by an Affidavit of Legal Value unless an applicable exemption (see [ARS § 11-1134](https://web.archive.org/web/20170706020230/http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/11/01134.htm&Title=11&DocType=ARS)) applies to the transaction. This document states the purchase price paid for the property and is used by County Assessors to value the property for real property tax purposes. The escrow agent usually prepares this document for the closing. - **Seller’s Property Disclosure Statement**. Arizona law requires the seller of real property to disclose all known material facts concerning the property to the buyer. No specific form is required, but Arizona realtors use the SPDS prepared by the Arizona Association of Realtors. It is a fill-in-the-blanks type of form that the seller should complete and then deliver to the buyer. The seller should: (i) obtain the buyer’s signature on the SPDS with the date of delivery of the SPDS, and (ii) keep a copy of the signed document for in seller’s records. - **Lead Based Paint Disclosure**. A federal law known as the “Residential Lead-Based Paint Hazard Reduction Act of 1992” requires that before ratification of a purchase agreement for the sale of a residence built before 1978, the seller must: (i) give the Buyer an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards called “Protect Your Family From Lead In Your Home,” (ii) disclose any known information concerning lead-based paint or lead-based paint hazards, (iii) disclose information such as the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces, (iv) provide any records and reports on lead-based paint and/or lead-based paint hazards that are available to the seller, (v) include an attachment to the purchase agreement that includes a Lead Warning Statement and confirms that the Seller has complied with all notification requirements (the Seller, Buyer and all real estate agents must sign and date the attachment), (vi) Seller must give buyer a ten day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Homebuyers may waive this inspection opportunity. - **Residential Pool Safety Notice**. If the property has a swimming pool or spa, the Seller should give Buyer a copy of the Residential Pool Safety Notice and have the Buyer acknowledge receiving the document. - **For Your Protection: Get a Home Inspection**. This is a brochure prepared by the U.S. Department of Housing & Urban Development. A Seller should give the Buyer a copy of this document, HUD-92564.CN, and have the Buyer acknowledge in writing that the Buyer received the document. If a sale transaction will involve FHA mortgage insurance on the property, the Seller and Buyer sign the Form HUD-92564-CN “For Your Protection: Get a Home Inspection” on or before the date the parties sign the sales contract or the buyer cannot get FHA mortgage insurance unless the parties re-sign the sales contract after the date they sign the HUD-92564-CN. - **Homeowners’ Association Disclosure Statement**. If the property is subject to a homeowners’ association (“HOA”) the Seller has a duty to disclose to the Buyer all known material information about the HOA and how it affects the property. If the HOA has over 50 units, the HOA must send a copy of the applicable Conditions, Covenants & Restrictions to prospective Buyer within ten business days of the HOA receiving notice of the sale. - **Report of Inspection and Notice of Transfer of Ownership**. If the property contains a septic tank or what the Arizona Department of Environmental Quality (“ADEQ”) refers to as an “on-site wastewater treatment facility” that was approved for use on or after January 1, 2001, by ADEQ or a delegated county agency, the system must be inspected at the time title passes to the Buyer. Because septic tank systems may fail after many years of service or after a change in water usage, often following occupancy by new owners, ADEQ adopted rules to provide for the statewide inspection of septic tank and alternative systems to help selling and buying property owners understand the physical and operational condition of the septic system serving the home or business. The buyer or transferee of Arizona real property with a reportable septic tank must file the Report of Inspection and Notice of Transfer of Ownership with the appropriate county agency within fifteen days after the date of an ownership change. The form must be submitted to the applicable county health or environ-mental agency delegated by ADEQ to administer the department’s on-site wastewater treatment facility program. The ADEQ has a checklist that it recommends for use by inspectors to assist in completing the official transfer inspection form. - **Foreign Investment in Real Property Act Affidavit**. The Foreign Investment in Real Property Tax Act of 1980 (“FIRPTA”) established Internal Revenue Code Section 897. Section 897 applies to foreign persons that dispose of U.S. real property interests. IRC Section 1445 imposes an obligation on the Buyer to withhold a portion of the sales proceeds due a foreign Seller and pay the withheld amount to the Internal Revenue Service on behalf of the Seller. **IRC Section 1461 makes the Buyer liable for the tax that must be deducted and withheld under IRC Section 1445**. A Buyer can avoid withholding and the associated tax liability if the Seller certifies that the Seller is not a foreign person and if the Buyer has no reason to believe the Seller is a foreign person. Buyers should always include a provision in the sales contract that obligates the Seller to deliver a FIRPTA Affidavit and that authorizes the Buyer to withhold the proper amount at closing and pay it to the IRS if the Seller does not sign and deliver a FIRPTA Affidavit in which the Seller states that the Seller is not a foreign person as defined in Section 897. - **Commitment for an Owner’s Policy of Title Insurance**. This is a report on the state of the title of the property to be sold prepared by a title insurance company after opening escrow. It states the current owner(s) of the property, the legal description of the property, the dollar amount of title insurance coverage, the requirements that must be satisfied before the title insurance company will issue the title insurance policy described in the commitment, and the liens, encumbrances and other title matters that will be excluded (not covered) by the title insurance policy. The exceptions to title insurance coverage are especially important because they are title matters that will affect the property after the sale. - **Title Insurance**. On closing of the sale of the property and payment of the premium, the title insurance company will issue a policy of title insurance to the buyer that conforms to the commitment for title insurance of all the conditions thereto have been satisfied. For more information about title insurance see [Title Insurance Articles](https://web.archive.org/web/20170706020230/http://www.keytlaw.com/arizonarealestatelaw/fsbo/title-insurance/). If the seller loans the buyer all or part of the purchase price (commonly referred to as a “seller carryback” or carryback loan), the following additional documents should be used: - **Promissory Note**. This very important document is the document that evidences the buyer’s debt for the unpaid portion of the purchase price. It states the amount owed, the interest rate, if any, the payment amounts and dates, maturity date and other terms and conditions applicable to the loan. - **Deed of Trust**. If the Promissory Note is secured by a lien on the property being sold or other real property in Arizona, the Deed of Trust (rather than a mortgage) is used most often to create the lien. This document must be signed by the buyer, acknowledged before a notary public then recorded in the county where the encumbered real property is located. - **Lender’s Title Insurance**. If we represent a Seller who makes a carryback loan secured by a lien on the home, we will also arrange for the Seller to obtain a policy of lender’s title insurance. If the Seller will obtain a Deed of Trust or a lien on the property being sold to secure payment of a debt owed to the Seller, the Seller (the lender) should acquire lender’s title insurance (as opposed to owner’s title insurance, which is what the Buyer should acquire) in the amount of the carryback loan to insure that the Deed of Trust is a validly recorded lien on the property subject only to liens and encumbrances acceptable to the Seller. Normally, the Buyer pays the cost of the lender’s title insurance. I recommend without exception that a Seller who takes a carryback lien on the property sold always get lender’s title insurance on the carryback lien. **Other Documents Frequently Used in Arizona Residential Real Estate Transactions in Arizona** - **ALTA Survey**. A survey of the property prepared by a licensed surveyor that complies with the minimum standard details promulgated by the [American Land Title Association](https://web.archive.org/web/20170706020230/http://www.acsm.net/index.cfm?fuseaction=Page.ViewPage&PageID=). This type of survey is required to obtain a policy of extended coverage title insurance, which provides greater coverage and protection than the standard owners and lenders title insurance policies. - **Loan Status Report**. This is a document prepared by the Buyer’s lender that states that the lender has conditionally approved a loan to the Buyer subject to the satisfaction of certain conditions. - **Affidavit of Disclosure**. Arizona Revised Statutes [Section 33-422](https://web.archive.org/web/20170706020230/http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/00422.htm&Title=33&DocType=ARS) provides that a seller of five or fewer parcels of land (improved and unimproved), other than subdivided land, in an unincorporated area of a county and any subsequent seller of any of the parcels shall furnish a written Affidavit of Disclosure to the buyer at least seven days before the transfer of the property, and the buyer shall acknowledge receipt of the affidavit. The buyer has the right to rescind the sales transaction for a period of five days after the Affidavit of Disclosure is furnished to the buyer. The seller must record the signed Affidavit of Disclosure when the deed is recorded. You can see from the list of documents above that buying and selling an Arizona home is a very complicated undertaking. It is not something an inexperienced person should do unless he or she is willing to assume the risk that one or more required documents may be missing or defective and result in liability and economic loss. For example: - If you are a buyer, how will you comply with the FIRPTA requirements or the septic tank inspection requirements? - If you are a seller, how will you give the swimming pool notice, the HUD home inspection notice, the lead based paint notice, the HOA notice and the other notices you must give to satisfy Arizona law? If you are involved in a for sale by owner transaction, it is especially important that you be represented by an Arizona real estate attorney. Sales of residential property in Arizona are extremely complex transactions. It does not make any sense to get involved in a home purchase or sale that involves hundreds of thousands of dollars and not hire a real estate attorney to protect your investment. **How to Hire Arizona Real Estate Lawyer Richard Keyt to Prepare Your Home Purchase or Sale Contract** For a list of the documents prepared and services performed by Arizona real estate attorney [Richard Keyt](https://web.archive.org/web/20170706020230/http://www.keytlaw.com/attorneys-staff/richard-keyt/) when he is hired for a fixed fee (not by the hour) to prepare a FSBO contract and related documents for the purchase or sale of an Arizona residential property, see the article entitled “[Arizona For Sale by Owner Contract Preparation Service](https://web.archive.org/web/20170706020230/http://www.keytlaw.com/arizonarealestatelaw/fsbo/fsbo-service/).” To hire [Richard Keyt](https://web.archive.org/web/20170706020230/http://www.keytlaw.com/attorneys-staff/richard-keyt/), a Phoenix, Scottsdale and Tuscon area real estate lawyer, to prepare a FSBO contract and related documents for the purchase or sale, you must complete and sign the: - [Arizona Residential Purchase & Sale Contract Preparation Service](https://web.archive.org/web/20170706020230/http://www.keytlaw.com/fsbo/contract.pdf) – This is Richard’s engagement agreement. Save it to your computer then open it on your computer. Complete the form, print and sign it then send it to Richard at the address on the last page. - [Arizona Residential Purchase & Sale Contract Questionnaire](https://web.archive.org/web/20170706020230/http://www.keytlaw.com/fsbo/info.pdf) – The Questionnaire asks for the information we need to prepare your documents. You may not know the answers to some of questions, but answer the Questionnaire as best you can. Fax the completed Questionnaire to 602-297-6890 or email it to [rk@keytlaw.com](https://web.archive.org/web/20170706020230/mailto:rk@keytlaw.com). --- ### [Register a Foreign LLC or Corporation in Arizona | KEYTLaw](https://www.keytlaw.com/register-foreign-entity-arizona/) **Published:** March 10, 2026 **Author:** Richard Keyt **Content:** # Register an LLC or Corporation to Do Business in Arizona ## If Your Business is Ready for Arizona - We’ll Handle the Paperwork Operating an out-of-state “foreign” entity in Arizona involves more than just opening an office. To stay compliant and protect your liability, you must formally register with the Arizona Corporation Commission. Missing a step or filing incorrect documents can lead to hefty penalties, loss of legal standing, and unnecessary delays. ![foreign-registration](https://www.keytlaw.com/wp-content/uploads/2026/03/foreign-registration-1024x559.png "foreign-registration - KEYTLaw") **Why DIY when you can have a pro handle it?** We navigate Arizona’s specific filing requirements for out-of-state LLCs and corporations. Whether you are expanding a tech startup from California or a construction firm from Texas, we ensure your **Application for Authority** (Corporations) or **Registration of Foreign LLC** is filed correctly the first time. ### Why Choose Our Arizona Registration Services? - **Precision Filings:** Avoid the “Rejected” notice. We know exactly what the Arizona Corporation Commission looks for in your Certificate of Good Standing and supporting docs. - **Speed to Market:** W’d streamline the process so you can focus on your Arizona launch, not on government forms. - **Compliance Peace of Mind:** From Statutory Agent requirements to publication rules, we’ve got you covered. **Don’t let red tape stall your growth.** Let’s get your foreign entity authorized to do business in the Grand Canyon State today. --- ### ## Register an LLC to Do Business in Arizona - **Foreign LLC Registration in Arizona**: To hire us to prepare and file a Foreign Registration Statement with the Arizona Corporation Commission to register an LLC formed in a state other than Arizona to do business in Arizona complete and submit our [Foreign Registration Statement Questionnaire](https://www.keytlaw.com/azllclaw/foreign-llc-q/) ## Register a Corporation to Do Business in Arizona - **Foreign Corporation Registration in Arizona**: To hire us to prepare and file and an Application for Authority to Transact Business or Conduct Affairs in Arizona to register a corporation formed in a state other than Arizona to do business in Arizona complete and submit our [Application for Authority Questionnaire](https://www.keytlaw.com/aaq/) #### Questions? Book a free meeting or call or email one of our Arizona attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Avoid Probate with an Arizona Beneficiary Deed](https://www.keytlaw.com/arizona-beneficiary-deed-avoid-probate/) **Published:** March 7, 2026 **Author:** Richard Keyt **Content:** # Avoid Probate with an Arizona Beneficiary Deed [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick at 480-664-7478) and his son former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472) are Arizona real estate attorneys who prepare Special Warranty Deeds and Beneficiary Deeds. They don’t charge to answer questions about deeds and Arizona real estate law. ![beneficiary-deed](https://www.keytlaw.com/wp-content/uploads/2026/04/bene-deed-1024x559.png "bene-deed - KEYTLaw") ## Keep Your Land Out of Probate: Record an Arizona Beneficiary Deed ## **Hire Us to Prepare a Beneficiary Deed for $495** If you own land in Arizona, you’ve likely worked hard to secure that asset. Whether it’s a home, a ranch, or an investment parcel, you probably have a clear idea of who should own the land after you’re gone. But here is a reality check: if your plan is simply to “leave it in the will,” you might be unintentionally leaving your heirs a massive headache. In Arizona, property passed through a will often must go through **Probate**—a public, expensive, and slow court process. The good news? Arizona law provides a “legal shortcut” called a **Beneficiary Deed**. Here is why every Arizona landowner should consider recording one today. ## **1. Bypass the “Probate Tax” (Time and Money)** Probate isn’t just a legal formality; it’s a drain on your estate’s value. Between filing fees, mandatory notifications, and the almost inevitable attorney fees (we charge $5,000 for a simple probate), an Arizona probate can cost thousands of dollars. It also typically takes **6 to 12 months** (or longer) to resolve. By recording a Beneficiary Deed now, your land will transfer **automatically** to your loved ones the moment you pass. No court hearings, no judges, and no expensive legal marathons. ## **2. Total Control While You’re Alive** One common misconception is that a Beneficiary Deed works like “adding someone to the title.” It doesn’t. - **You retain 100% ownership:** Your beneficiaries have no rights to the land while you are alive. You can sell it, mortgage it, or build on it without asking their permission. - **It’s Revocable:** Changed your mind? You can revoke the deed or name a different beneficiary at any time by simply recording a new document. ## **3. Keep Your Private Business Private** Probate is a **public matter**. When a will is probated, your assets, your debts, and your family’s information become part of the public record at the Superior Court. A Beneficiary Deed is a private transfer. While the deed itself is recorded, the transfer happens “operation of law,” keeping your family’s inheritance out of the public spotlight. ## **4. Simplicity for Your Heirs** Losing a loved one is hard enough. Forcing your heirs to navigate the Superior Court system just to claim a piece of land adds unnecessary stress. With a recorded Beneficiary Deed, your heirs usually only need to record a simple **Certified Copy of the Death Certificate** to finalize their ownership. ## Hire Us to Prepare a Beneficiary Deed for $495 - [Complete and submit our Arizona Beneficiary Deed questionnaire](https://www.arizona-wills.com/deed/) to hire us to prepare a Beneficiary Deed for $495. #### Questions? Book a free meeting or call or email one of our Arizona attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo. --- ### [Essential Estate Planning Documents Every Adult Needs](https://www.keytlaw.com/essential-estate-planning-documents/) **Published:** March 22, 2026 **Author:** Richard Keyt **Content:** # Estate Planning Documents Every Adult Needs ## Estate Planning 101: Understanding Your Core Legal Documents ## Our 5-Star Reviews Excellent [KEYTLaw LLC](https://www.keytlaw.com/)4.9 [See all reviews](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Cindy S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My son passed away in AZ where he lived. I, his mother live in Savannah, GA. Not familiar with AZ law, I went to the Keyt Law offices in Phoenix. Richard Keyt Jr. was very welcoming and helpful from the start and all the way through Probate. Any questions that I had, he answered promptly and efficiently. I would highly recommend this Law firm. I am very pleased! Thank you Richard!!!!! [Divine Doors Assisted Living, L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My attorney Ricky with KEYTLaw has been so helpful through the process of starting my business. I am grateful to him and his staff for their timely assistance and for their expertise. [Mark B.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Laura H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have worked with Keyt law for many years, they’ve helped me form all of my LLCs, create my estate plan, and handle many other legal matters. Their staff is always friendly, responsive, and professional, making every process smooth and stress free. I highly recommend Keyt Law to anyone looking for knowledgeable attorneys who provide exceptional service. [Lucia W.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I first contacted Keyt Law firm when I was thinking about opening up my own nonprofit business. Everyone that I spoke to was very patient and knowledgeable in going through the steps necessary to make sure that I was comfortable in what I was endeavoring to do. Special thanks to Noah who was always available to answer my questions and guided me through all the steps. I am very confident in recommending Keyt Law Firm. [Greg M.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Noah is very helpful with a can do attitude. I wish the world had more like him. [montetackett](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Easy, affordable and accurate. [Valli Dawn H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard, Noah and the team at Keyt Law did a great job helping us with several estate and corporate planning goals we had. They were prompt, thorough, provided great communication and we will contact them again anytime we need updates or help. [Joseph Z.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Awesome services and great communication. Highly recommended! [Susan R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Twenty years ago I decided to start a non profit with no business experience and a vision of helping teens who were facing multiple challenges. I found Keyt Law online with free information for start ups like mine. I randomly called the office and Mr. Keyt answered the phone. I explained my mission and he spent the next hour taking me through the process. He never sent me a bill for his invaluable time. Keyt Law has been my statutory agent since then with a very small fee. Any time I have a question or problem they are there for me. The integrity of this law firm is a direct reflection of its Founder. I was blessed to have them by my side. Special thanks to Noah from accounting who helped me with my annual report! [Andrew K.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very efficient service. My experience is limited to the formation of two LLCs. They were handled very well and quickly. The price was also reasonable. [Jerry G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Used them to set up LLC and annual renewal. Seamless and easy to work with. [M.M. R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very glad to give 5 star rating to KeithLaw firm. We have established an IRA LLC from 13 years ago with assistance from this very client friendly law firm. I found them to be very reliable, courteous and easy to work with. I still talk to them from time to time for timely advice as needed. I very strongly recommend this friendly family friendly legal firm to any one in need of legal help particularly those from retired community. [Mary E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law Firm was great in helping us set up our LLC and keeping us informed when things need to be renewed. [Eric G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard’s expertise and guidance made a big difference for us and we would not have been able to do this without his knowledge. He was kind enough to “warn us” that our first 1023 application may not get IRS approval because it wasn’t mission driven enough. That caused us to completely reframe our entire concept and a complete redo of the form and it worked out so well that we actually got approval from the IRS two weeks after submitting our form 1023 along with an expedited request. Thank you so much Richard! [Justin G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very helpful with setting up business organizations. [Latrice J.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I absolutely appreciate this firm because they have assisted me With my nonprofit in terms of setting it up and assisting me with education via their website and much more. I would not be able to continue helping survivors and domestic violence without their support. [Kara E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard Keyt Jr. is one of the most knowledgeable and thorough attorneys I have worked with. We hired Richard to review trust, estate, and loan documents that had been prepared by another attorney. During his review, he identified a significant issue that could have resulted in approximately hundreds of thousands of dollars in unnecessary tax consequences. His analysis likely saved our family an enormous amount of money and gave us confidence that the documents were accomplishing what was actually intended. When revised documents were later prepared, Richard reviewed those as well and identified additional concerns that warranted further attention. His willingness to carefully review every detail and ask the difficult questions provided an extra level of protection that was invaluable. What sets Richard apart is his ability to explain highly complex trust, estate, and tax issues in a way that ordinary people can understand. He is approachable, patient, and easy to talk to. He can support his opinions with statutes and case law, yet he never comes across as arrogant or intimidating. When dealing with important family, trust, and estate matters, you need someone who is willing to look beyond the surface and identify problems before they become expensive mistakes. Richard did exactly that for us. His expertise, attention to detail, and commitment to protecting his clients’ interests gave us tremendous peace of mind. I recommend Richard Keyt Jr. without hesitation. If you are looking for an attorney who combines exceptional legal knowledge with practical, understandable advice, Richard is an excellent choice. [Jacqueline F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) They set up my LLC 5 years ago and have been taking great care of me ever since! [Josh F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Bela F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Excellent staff, professional, attentive and considerate [Wayne L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very easy to work with and responsive, will be using them again. [Ken E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have done several LLCs and other work with Keyt Law, and they are expert, fast, affordable and easy to work with. Richard is always super accessible on the phone and he always makes time to answer questions, discuss options and provide solutions. [Dar S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law establishment out LLC for us and were very knowledgeable and efficient. They are great about providing their customers with information they should know about and there is no pressure to upsell you further services. [Garratt P.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Exceptionally professional, informative, and easy to work with. Richard Keyt Jr. made the process seamless and informative. The Gold Package is worth every penny. You will also receive this beautiful leather bound book with all your documents. ## Table of Contents A **revocable living trust** is the most important and primary document of an estate plan. See our article called [18 Benefits of a Revocable Living Trust](https://www.keytlaw.com/arizona-living-trust-benefits/). If you buy our estate plan it includes a customized revocable living trust and 35 other documents and services. See the [contents of our estate plan](https://www.keytlaw.com/ep-contents). If we prepare your estate plan you will get all of the documents discussed below customized for you. **Click on the blue text to go the section on this page that discusses that document in detail or scroll down until you see the desired document.** - [Healthcare Power of Attorney](#hcpoa) - [HIPAA Authorization](#hipaa) - [Living Will](#lw) - [Financial Power of Attorney](#fpoa) - [Last Will & Testament](#will) ## 1. Healthcare Power of Attorney: Who Will Speak for You? We all like to think we are in control of our lives and our health. But what happens if a sudden illness, accident, or medical emergency leaves you unable to communicate? Who ensures your doctors know your wishes? Who makes the tough calls about your medical treatment? This is where a **Healthcare Power of Attorney (HCPOA)** becomes your most vital voice. ### **What is a Healthcare Power of Attorney?** A Healthcare Power of Attorney—also known as a Healthcare Proxy or Medical Power of Attorney—is a legal document that allows you to designate a person you trust (your “agent” or “proxy”) to make medical decisions on your behalf if you become incapacitated. Unlike a Living Will, which outlines *what* specific treatments you want or don’t want, the HCPOA designates *who* will make medical decisions for you if you can’t communicate with your doctor. It covers everything from surgical choices and medication to choosing a healthcare facility. ### **Why Every Adult Needs One** Many people assume that healthcare planning is only for the elderly or the terminally ill. In reality, a Healthcare Power of Attorney is a fundamental necessity for **every adult over the age of 18.** **1. You Keep the Power of Choice** If you don’t have a HCPOA and you become unable to speak for yourself, state laws often dictate who can make decisions for you (usually a spouse or next of kin). This person may not be who you would have chosen, or they may not understand your personal values and medical preferences. By creating a HCPOA, **you** stay in the driver’s seat. **2. You Prevent Family Conflict** Medical emergencies are high-stress situations. When there is no clear “point person” designated, family members often disagree on the best course of action. This can lead to painful disputes, fractured relationships, or even legal battles. A HCPOA provides a clear hierarchy, giving your family the gift of clarity during a difficult time. #### **3. It Applies to Every Stage of Life** For young adults—such as college students—a HCPOA is especially critical. Once a child turns 18, parents no longer have an automatic legal right to their medical information or decision-making. Should a young adult have an accident away from home, having this document in place allows parents to step in immediately without seeking a court-ordered guardianship. #### **4. It Avoids Costly Court Intervention** If you become incapacitated without a HCPOA, your loved ones will have to hire a lawyer to petition a court appoint a “Guardian” who will make medical decisions for you. This process is often slow, expensive, and public. A HCPOA is a simple, private document that bypasses the courtroom entirely. ### **Peace of Mind for You and Your Loved Ones** An estate plan is about more than just what happens to your assets; it’s about protecting your personhood and your dignity. Selecting a Healthcare Power of Attorney ensures that your medical care remains in the hands of someone you trust who knows you, loves you, and respects your wishes. > **Don’t leave your medical future to chance. Protect yourself and ensure peace of mind for your family tomorrowi by adopting a Healthcare Power of Attorney.** ## 2. HIPAA Authorization: The Key to Your Medical Information You may have signed a HIPAA form at a doctor’s office before, but in the context of estate planning, a **standalone HIPAA Authorization** is one of the most important documents you can own. It ensures that the people you love aren’t left in the dark during a medical crisis. ### **What is HIPAA?** The **Health Insurance Portability and Accountability Act (HIPAA)** is a federal law passed in 1996. Its primary goal is to protect your privacy by prohibiting doctors, hospitals, and insurance companies from sharing your medical records or even discussing your condition with *anyone*—including your spouse, parents, or adult children—without your explicit written consent. **What is a HIPAA Authorization?** A HIPAA Authorization is a legal document where you name specific individuals (your “authorized representatives”) who are allowed to access your protected health information. **The Difference is Crucial:** - A **Healthcare Power of Attorney** allows someone to make medical **decisions for you**. - A **HIPAA Authorization** allows someone to receive **information**. **Why Do You Need a HIPAA Authorization?** #### **1. It “Unlocks” Your Healthcare Power of Attorney** Most Healthcare Powers of Attorney only “spring” into effect once a doctor certifies that you are incapacitated. However, because of privacy laws, a doctor may be hesitant to even talk to your healthcare agent to determine if you are incapacitated. A HIPAA Authorization clears this hurdle, allowing your agent to step in the moment they are needed. #### **2. It Keeps Your Family Informed** Without this document, if you are rushed to the hospital, the medical staff may legally refuse to tell your spouse, children or family members of your status, your room number, or the severity of your condition. A HIPAA Authorization ensures your inner circle is kept “in the loop.” #### **3. It Helps with Insurance and Billing** Resolving medical billing errors or dealing with health insurance companies can be a nightmare. A HIPAA Authorization allows your designated healthcare representative to speak with insurance providers and billing departments to settle claims on your behalf. #### **4. It is Essential for Young Adults (18+)** The moment a child turns 18, parents lose the legal right to see their medical records. If a college student is injured or falls ill away from home, the parents may find themselves unable to get any information from the hospital. Every young adult should have a HIPAA Authorization naming their parents or guardians as authorized representatives. ### **How It Works With Your Estate Plan** In a complete estate plan, your HIPAA Authorization works in tandem with your Healthcare Power of Attorney and Living Will. It acts as the “key” that opens the door to your medical history, allowing your chosen agent to see the full picture before they make life-altering decisions on your behalf. ## 3. A Guide to Living Wills for Arizona Residents We spend our lives making choices—where to live, how to grow our careers, and how to raise our families. But have you ever considered who would make your medical choices if you suddenly couldn’t speak for yourself? a **Living Will** becomes one of the most important documents you will ever sign. ### **What Exactly is a Living Will?** Despite the name, a Living Will has nothing to do with your property or who inherits your assets. Instead, it is a legal document—often called an **Advance Healthcare Directive**—that outlines your preferences for medical treatment if you become terminally ill, permanently unconscious, or otherwise unable to communicate. It is your voice when you are unable to speak, ensuring that your healthcare aligns with your values and wishes. ### **How Does a Living Will Work?** A Living Will only “wakes up” under specific circumstances defined by law (usually when two physicians certify that you are unable to make your own decisions and have a terminal condition). Once active, it provides instructions on several critical interventions, including: - **Life-Sustaining Treatments:** Whether you want to be kept on a ventilator or respirator. - **Artificial Nutrition and Hydration:** Your preferences regarding feeding tubes and IV fluids. - **Comfort Care:** Ensuring you receive pain medication and palliative care, even if life-sustaining treatments are withheld. - **Resuscitation (DNR):** Your wishes regarding CPR or electric shocks to restart your heart. ### **Who Should Have One?** There is a common misconception that Living Wills are only for the elderly. In reality, **every adult over the age of 18 should have one.** - **For Young Adults:** Accidents can happen at any age. Having a document in place prevents your parents or spouse from having to guess what you would want during a crisis. - **For Parents:** It ensures your children aren’t burdened with the emotional weight of making life-or-death decisions without guidance. - **For Those with Specific Beliefs:** If your religious or personal values dictate a specific approach to end-of-life care, a Living Will is the only way to guarantee those values are respected. ### **The Hidden Danger of “DIY” Forms** While you can find generic forms online, a Living Will is a high-stakes legal document. “One-size-fits-all” templates often: - **Fail to meet state-specific requirements:** Every state has unique laws regarding witnesses and notarization. - **Use vague language:** Terms like “extraordinary measures” can be interpreted in dozens of ways by doctors, leading to confusion. - **Lack comprehensiveness:** They may miss nuances that a seasoned professional would catch. ### **Why Work With a Professional?** Creating a Living Will isn’t just about checking boxes; it’s about having a conversation. When you work with my office, we don’t just hand you a form. We help you navigate the “what ifs,” ensuring your document is legally bulletproof and emotionally clear. We provide the expertise needed to ensure your wishes are articulated with precision, giving you the confidence that your dignity will be preserved, no matter what the future holds. ### **Take Control of Your Future Today** Don’t leave your most important medical decisions to chance or put the burden of “guessing” on the people you love most. Let’s work together to create a plan that protects your wishes and provides your family with a clear roadmap. ## **Navigating Arizona’s Advance Directives** In the Grand Canyon State, a Living Will is more than just a preference—it is a legally binding instruction protected by state law. However, Arizona has specific requirements that “DIY” online forms often miss. ### **The Arizona Difference: Witnessing and Notarization** To be legally valid in Arizona, your Living Will must be more than just signed. Under **A.R.S. § 36-3221**, your document must be: - **Signed by you** (the “Principal”). - **Witnessed by at least one adult** who is not a beneficiary of your estate or your healthcare provider, **OR** - **Signed in the presence of a Notary Public.** Failing to meet these strict execution requirements could mean your doctors aren’t legally allowed to follow your wishes during a crisis. ### **The “Mental Health Care Power of Attorney” Catch** Arizona is one of the few states that recognizes a **Mental Health Care Power of Attorney** as a distinct document. Standard Living Wills often cover physical ailments like terminal illness or coma, but they frequently fail to address mental health crises (such as dementia or psychiatric episodes). If you don’t have the specific Arizona-approved language regarding mental health treatment, your loved ones may find their hands tied if you require specialized care. Part of my service is ensuring you have the comprehensive protection that Arizona law provides. ## 4. Protecting Your Assets: Why Every Arizonan Needs a Financial Power of Attorney Life has a way of throwing curveballs when we least expect them. While we all like to believe we’ll always be the ones calling the shots, true financial security means planning for the moments when we might not be able to. In Arizona, a **Financial Power of Attorney (POA)** is one of the most powerful tools in your estate planning toolkit. But what exactly is it, and why is “doing it yourself” often a recipe for disaster? ### **What is an Arizona Financial Power of Attorney?** A Financial Power of Attorney is a legal document that allows you (the “Principal”) to appoint a person you trust (your “Agent” or “Attorney-in-Fact”) to manage your financial affairs if you become unable to do so. In Arizona, these documents are governed by specific state statutes (**A.R.S. § 14-5501**). They can be broad, giving your agent power over everything from your retirement accounts to your real estate, or limited to specific tasks, like selling a single piece of property. ### **How Does It Work?** Most people choose to create a **Durable** Power of Attorney. Unlike a standard POA, a “durable” one remains in effect even if you become mentally incapacitated. **Here is the process in action:** - **Selection:** You choose a trusted individual to act as your Agent. You can also name a second and third agent. - **Authority:** You define exactly what your agent can do—pay bills, file taxes, manage investments, or apply for government benefits. - **Activation:** You decide when the power starts. It can be “immediate” or “springing” (only taking effect once a doctor certifies you are incapacitated). - **Formalization:** To be valid in Arizona, the document must be signed by you, witnessed by at least one person, and notarized. ### **Who Should Have One?** There is a common misconception that POAs are only for the elderly. In reality, **every adult over the age of 18 should have a Financial POA.** - **Young Adults:** Once a young person turns 18, his or her parents no longer have the legal right to manage the young person’s bank accounts or sign contracts for the youngster, even in an emergency. - **Business Owners:** You need a plan to ensure payroll and operations continue if you are temporarily sidelined. - **Retirees:** To ensure your hard-earned assets are protected from mismanagement and that your bills are paid if your health declines. ### **Why You Shouldn’t Use a “Template”** It is tempting to download a free form online, but in the legal world, **you get what you pay for.** Arizona’s probate courts are full of families fighting over poorly drafted or “cookie-cutter” POA forms that banks refuse to honor. **Why hire a professional to draft yours?** - **Specific Language:** Arizona banks and financial institutions are notoriously picky. If your POA lacks specific statutory language, they may reject your Agent’s authority entirely. - **Custom Protection:** We ensure that your document includes “hot powers”—specific authorities regarding trusts and gifting—that protect your estate from unnecessary taxes and long-term care costs. - **Verification of Capacity:** By working with an attorney, you create a record that you were of sound mind when the document was signed, making it much harder for disgruntled relatives to challenge it later. - **Peace of Mind:** You aren’t just buying a piece of paper; you are buying the certainty that your wishes will be respected. ## **Take Control of Your Legacy** Don’t wait for a crisis to realize your affairs aren’t in order. Without a Financial POA, your family might be forced to go through a costly and public court process known as **Conservatorship** asking a court to appoint somebody to manage your financial affairs. **Let’s get it right the first time.** Contact my office today to schedule a consultation. We will walk through your specific financial landscape and draft a Power of Attorney that provides the protection you and your family deserve. ## 5. Protecting Your Legacy & Your Children: A Guide to Arizona Last Wills & Testaments ### What **is an Arizona Last Will and Testament?** An Arizona Last Will and Testament is a legal document that outlines exactly how you want your “estate” (everything you own) handled after you pass away. In Arizona, these documents are governed by **Title 14 of the Arizona Revised Statutes**. A Will allows you to: - **Distribute Assets:** Decide who gets your home, bank accounts, sentimental heirlooms, and even your vintage record collection. - **Appoint a Personal Representative:** In Arizona, we don’t usually say “Executor.” We call them a **Personal Representative**. This is the person you trust to “steer the ship”—paying off final bills and making sure your beneficiaries get what they were promised. - **Name Guardians for Minors:** This is perhaps the most vital function for parents. The way a parent designates who he or she wants to raise the parent’s minor children if both parents are deceased is by namin the guardian in a Last Will & Testament. ### **Purpose of Your Will if You Have a Trust** If you have a revocable living trust that owns assets then none of the trust’s assets will be affected by the Will. The trust’s assets pass on death to the beneficiaries named in the trust agreement without the need for a probate. But, if you have a trust you should also have a Last Will and Testament that says that if you die and any of your assets are not in the trust and remain in your name then if a probate is needed to transfer probate assets the Will says transfer the assets to the trust. We call this type of Will a pour over Will because it pours probate assets into the trust. ### **How Does it Work?** Once a person passes away, the Will is typically filed with the **Arizona Superior Court** in the county where the person lived. This begins the **Probate** process. - **Validation:** The court confirms the Will is legally valid (e.g., signed by you and two competent witnesses). - **Execution:** Your Personal Representative is officially appointed and begins the work of gathering assets and settling debts. - **Distribution:** Once the “red tape” is cleared, the assets are handed over to your loved ones according to your specific instructions. ### **The “Parental Safety Net”: Why Arizona Parents Need a Will** If you are an Arizona resident with minor children, your Will is much more than a financial document; it is a **guardianship directive**. > **Important Legal Note:** Under Arizona law, the Last Will and Testament is the primary legal venue for parents to state who they want to raise their minor children if both parents are deceased. Without this specific language in a Will, the decision of who raises your children is left entirely to a judge. While judges try their best to act in the “best interests of the child,” they are strangers to your family dynamics. By documenting your choice in a Will, you ensure that your voice is heard in the courtroom, providing a roadmap for who should provide the love, stability, and care your children deserve. ### **Who Should Have an Arizona Will?** The short answer? **Every adult.** Specifically, you should prioritize a Will if: - **You have minor children:** To ensure you—not the state—choose their guardian. - **You own a home or land:** Real estate in Arizona almost always requires probate or a specific deed to transfer. - **You are married or in a partnership:** Arizona is a **community property state**, and without a Will, the “default” laws of intestate succession can lead to messy, unintended results for surviving spouses and children from previous relationships. - **You have specific “Who Gets What” requests:** If you want your best friend to have your jewelry or a specific charity to receive a donation, a Will is the only way to guarantee it. ### **Why You Shouldn’t “DIY” Your Future** It’s tempting to use a generic template you found online. However, Arizona has very specific requirements for signatures, witnessing, and “self-proving” affidavits. A small mistake—like using an “interested” witness or failing to notarize the document correctly—can lead to your Will being contested or thrown out entirely. When you hire a professional to draft your Will, you aren’t just paying for paper; you are paying for **certainty**. You are ensuring that: - Your Will is **legally bulletproof** under the latest 2026 Arizona statutes. - Your language regarding **guardianship** is clear and enforceable. - Your family is spared the stress and cost of a long, drawn-out legal battle during their time of grief. ### **Take the Next Step** Your family’s peace of mind is worth more than a “best guess” legal document. Let’s make sure your legacy is protected and your children are cared for by the people you trust most. **Would you like to schedule a consultation to discuss your specific family needs and begin drafting your Arizona Last Will and Testament today?** If so, book a free office, phone or Zoom video using [our online calendar](https://www.keytlaw.com/calendar). ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones—read about the 36 [documents and services](https://www.keytlaw.com/ep-contents) we will give you if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch [our video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![](https://www.keytlaw.com/wp-content/uploads/2025/10/another-family-768x768.png "- KEYTLaw") #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Special Warranty & Beneficiary Deed Preparation](https://www.keytlaw.com/arizona-deed-preparation/) **Published:** March 3, 2026 **Author:** Richard Keyt **Content:** # Arizona Special Warranty Deed & Beneficiary Deed Preparation [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick at 480-664-7478) and his son former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472) are Arizona real estate attorneys who prepare Special Warranty Deeds and Beneficiary Deeds. They also prepare and review real estate sales contracts and leases. They don’t charge to answer questions. ![](https://www.keytlaw.com/wp-content/uploads/2026/03/Gemini_Generated_Image_ojho7hojho7hojho-768x429.png "- KEYTLaw") [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Special Warranty Deeds ## How Do I Transfer Real Estate to My LLC? *Question*: I own Arizona real estate that I rent to tenants. I don’t want to be sued personally if somebody gets hurt on the property so I formed an Arizona limited liability company to own my rental real estate. If a tenant or guest is injured on the property and he or she wants to sue the owner the defendant will be the LLC not me because the LLC owns the land. What do I have to do to transfer the land to the Arizona LLC? **Answer**: [Click to see the anwer](https://www.keytlaw.com/azllclaw/2017/01/transfer-real-estate-to-llc/). **How to hire us to prepare a Special Warranty Deed**. Complete and submit our [Special Warranty Deed](https://www.keytlaw.com/azllclaw/special-warranty-deed/) questionnaire to buy a Special Warranty Deed for $295. ## Beneficiary Deeds - [Are Your Loved Ones Protected If Something Happens to You](https://www.arizona-wills.com/beneficiary-deed-prep/)? - [How to Avoid Probating Arizona Land: Guide to Beneficiary Deeds](https://www.keytlaw.com/arizona-beneficiary-deed-avoid-probate/) - [Benefits of an Arizona Beneficiary Deed](https://www.keytlaw.com/ep-arizona-beneficiary-deeds/) - [Complete and submit our Arizona Beneficiary Deed questionnaire](https://www.arizona-wills.com/deed/) to hire us to prepare a Beneficiary Deed for $495. **How to hire us to prepare a Beneficiary Deed**. Complete and submit our [Beneficiary Deed Questionnaire](https://www.arizona-wills.com/deed/) to buy a Beneficiary Deed for $495 that transfers Arizona real estate to the person, people or entity named in the deed on the death of the owner or all the owners if the land is owned by more than one person. #### Questions? Book a free meeting or call or email one of our Arizona attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Estate Planning Articles & Resources | KEYTLaw](https://www.keytlaw.com/arizona-estate-planning-articles/) **Published:** March 13, 2026 **Author:** Richard Keyt **Content:** # Arizona Estate Planning Articles & Resources | KEYTLaw ## We Protect Your Most Valuable Assets - Your Loved Ones ## Our 5-Star Reviews Excellent [KEYTLaw LLC](https://www.keytlaw.com/)4.9 [See all reviews](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Cindy S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My son passed away in AZ where he lived. I, his mother live in Savannah, GA. Not familiar with AZ law, I went to the Keyt Law offices in Phoenix. Richard Keyt Jr. was very welcoming and helpful from the start and all the way through Probate. Any questions that I had, he answered promptly and efficiently. I would highly recommend this Law firm. I am very pleased! Thank you Richard!!!!! [Divine Doors Assisted Living, L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My attorney Ricky with KEYTLaw has been so helpful through the process of starting my business. I am grateful to him and his staff for their timely assistance and for their expertise. [Mark B.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Laura H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have worked with Keyt law for many years, they’ve helped me form all of my LLCs, create my estate plan, and handle many other legal matters. Their staff is always friendly, responsive, and professional, making every process smooth and stress free. I highly recommend Keyt Law to anyone looking for knowledgeable attorneys who provide exceptional service. [Lucia W.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I first contacted Keyt Law firm when I was thinking about opening up my own nonprofit business. Everyone that I spoke to was very patient and knowledgeable in going through the steps necessary to make sure that I was comfortable in what I was endeavoring to do. Special thanks to Noah who was always available to answer my questions and guided me through all the steps. I am very confident in recommending Keyt Law Firm. [Greg M.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Noah is very helpful with a can do attitude. I wish the world had more like him. [montetackett](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Easy, affordable and accurate. [Valli Dawn H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard, Noah and the team at Keyt Law did a great job helping us with several estate and corporate planning goals we had. They were prompt, thorough, provided great communication and we will contact them again anytime we need updates or help. [Joseph Z.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Awesome services and great communication. Highly recommended! [Susan R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Twenty years ago I decided to start a non profit with no business experience and a vision of helping teens who were facing multiple challenges. I found Keyt Law online with free information for start ups like mine. I randomly called the office and Mr. Keyt answered the phone. I explained my mission and he spent the next hour taking me through the process. He never sent me a bill for his invaluable time. Keyt Law has been my statutory agent since then with a very small fee. Any time I have a question or problem they are there for me. The integrity of this law firm is a direct reflection of its Founder. I was blessed to have them by my side. Special thanks to Noah from accounting who helped me with my annual report! [Andrew K.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very efficient service. My experience is limited to the formation of two LLCs. They were handled very well and quickly. The price was also reasonable. [Jerry G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Used them to set up LLC and annual renewal. Seamless and easy to work with. [M.M. R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very glad to give 5 star rating to KeithLaw firm. We have established an IRA LLC from 13 years ago with assistance from this very client friendly law firm. I found them to be very reliable, courteous and easy to work with. I still talk to them from time to time for timely advice as needed. I very strongly recommend this friendly family friendly legal firm to any one in need of legal help particularly those from retired community. [Mary E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law Firm was great in helping us set up our LLC and keeping us informed when things need to be renewed. [Eric G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard’s expertise and guidance made a big difference for us and we would not have been able to do this without his knowledge. He was kind enough to “warn us” that our first 1023 application may not get IRS approval because it wasn’t mission driven enough. That caused us to completely reframe our entire concept and a complete redo of the form and it worked out so well that we actually got approval from the IRS two weeks after submitting our form 1023 along with an expedited request. Thank you so much Richard! [Justin G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very helpful with setting up business organizations. [Latrice J.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I absolutely appreciate this firm because they have assisted me With my nonprofit in terms of setting it up and assisting me with education via their website and much more. I would not be able to continue helping survivors and domestic violence without their support. [Kara E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard Keyt Jr. is one of the most knowledgeable and thorough attorneys I have worked with. We hired Richard to review trust, estate, and loan documents that had been prepared by another attorney. During his review, he identified a significant issue that could have resulted in approximately hundreds of thousands of dollars in unnecessary tax consequences. His analysis likely saved our family an enormous amount of money and gave us confidence that the documents were accomplishing what was actually intended. When revised documents were later prepared, Richard reviewed those as well and identified additional concerns that warranted further attention. His willingness to carefully review every detail and ask the difficult questions provided an extra level of protection that was invaluable. What sets Richard apart is his ability to explain highly complex trust, estate, and tax issues in a way that ordinary people can understand. He is approachable, patient, and easy to talk to. He can support his opinions with statutes and case law, yet he never comes across as arrogant or intimidating. When dealing with important family, trust, and estate matters, you need someone who is willing to look beyond the surface and identify problems before they become expensive mistakes. Richard did exactly that for us. His expertise, attention to detail, and commitment to protecting his clients’ interests gave us tremendous peace of mind. I recommend Richard Keyt Jr. without hesitation. If you are looking for an attorney who combines exceptional legal knowledge with practical, understandable advice, Richard is an excellent choice. [Jacqueline F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) They set up my LLC 5 years ago and have been taking great care of me ever since! [Josh F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Bela F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Excellent staff, professional, attentive and considerate [Wayne L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very easy to work with and responsive, will be using them again. [Ken E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have done several LLCs and other work with Keyt Law, and they are expert, fast, affordable and easy to work with. Richard is always super accessible on the phone and he always makes time to answer questions, discuss options and provide solutions. [Dar S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law establishment out LLC for us and were very knowledgeable and efficient. They are great about providing their customers with information they should know about and there is no pressure to upsell you further services. [Garratt P.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Exceptionally professional, informative, and easy to work with. Richard Keyt Jr. made the process seamless and informative. The Gold Package is worth every penny. You will also receive this beautiful leather bound book with all your documents. ## The Complete Arizona Estate Planning Guide **Table of Contents** Click on the blue text to go to that section or scroll down until you see the desired section. - [All about Wills](#all) - [Revocable Living Trusts](#revocable) - [Death & Disability Planning](#death) - [Special Trusts](#special) - [Transferring Assets to Loved Ones](#transferring) - [Estate Planning Mistakes](#estate) - [How Do I](#how) - [Other Considerations](#other) ## All About Wills - [What is a Will?](http://www.arizona-wills.com/what-is-will/) You probably know that a Will is a document in which you name who will receive your property after your death. Do you know the other important functions a Will serves? How about what happens if you don’t have a Will? - [For a Will to be Valid, What Does Arizona Law Require?](http://www.arizona-wills.com/valid-will-requirements/) – Every state has different rules when it comes to estate planning. If you’re going to create an Arizona Will, you should know what Arizona law requires for the Will to be valid. - [Choosing Who Will Inherit Your Personal Property: A Personal Property Memorandum ](http://www.arizona-wills.com/personal-property-memorandum/)– If you have items of tangible property that you want to go to specific people, a Personal Property Memorandum is the place to write it down. And, with a Personal Property Memorandum, you can change your mind without having to see a lawyer to amend your Will. - [7 Secrets of a Successful Will](http://www.arizona-wills.com/7-will-secrets/)– Fix potential problems with your Will today, since you won’t be around to fix them when they arise. - [Top 10 Most Common Questions People Ask About Wills](http://www.arizona-wills.com/wills-faq/) – Who needs a Will? Does it need to be witnessed? Can a Will be changed? What happens if I don’t have one? - [Non-lawyers Preparing Wills](http://www.arizona-wills.com/az-wills/franklin-case/) – This woman hired a non-lawyer to draft her Will. After her death, her family wound up in court fighting about the estate – something that everyone should try to avoid. ## Trust Basics - [Understanding the Significance of Trusts](http://www.arizona-wills.com/understanding-trusts/) – An explanation of basic concepts of revocable and irrevocable trusts. - [Trust Incentive & Disincentive Provisions](http://www.arizona-wills.com/trust-incentives-disincentives) – Sample optional trust incentive and disincentive provisions. - [Arizona Trust Companies](http://www.arizona-wills.com/arizona-trust-companies) – A list of Arizona trust companies KEYTLaw recommends if you plan to name an institutional trustee. ## Special Trusts - [NFA Gun Trusts](http://www.arizona-wills.com/gun-trusts/) – A resource for Arizona residents to understand the NFA, Title II firearms, and how and when to use a gun trust to own and use Title II firearms. - [IRA Inheritance Trust®](http://www.arizona-wills.com/ira-trust/) – A new type of trust called the IRA Inheritance Trust® can ensure your beneficiaries stretch-out distributions over their lives for tax-free growth to maximize wealth accumulation and to provide asset protection if necessary. - [Pet Trusts](http://www.arizona-wills.com/pet-trusts/) – Since pets are our furry “kids,” it makes sense to protect them just like our human children. Often, pets are left scared and forgotten after a tragedy. Some might even end up in shelters, or worse. Don’t leave Fido and Fluffy out of your estate plan – protect them with a Pet Trust! - [Special Needs Trusts](http://online.wsj.com/article/SB122351155944317491.html) – This Wall Street Journal article sheds light on this important type of trust for individuals with special needs. ## Death & Disability Planning - [Healthcare Power of Attorney](http://www.arizona-wills.com/healthcare-poa/) – If you are sick or injured and unable to make your own healthcare decisions, who will make them for you? With a Healthcare Power of Attorney, you decide. Without a Healthcare Power of Attorney, a court will decide—and it won’t be cheap. - [Living Wills](http://www.arizona-wills.com/living-wills/) – Remember Terri Schaivo? After a heart attack, Terri was left in a persistent vegetative state. Terri’s story made national headlines because her husband and parents couldn’t agree on what Terri herself would have wanted. Did Terri want to be kept alive artificially in her condition? Or did Terri want to refuse the aggressive medical treatment and die naturally? Since Terri didn’t have a Living Will, Terri didn’t get to make that decision. - [HIPAA Authorization](http://www.arizona-wills.com/hipaa/) – Federal healthcare privacy laws (HIPAA) prohibit medical providers from disclosing your medical information without your permission. But what if you’re unable to give permission because you’re sick or injured? You probably want a loved one to be informed of your medical condition so they can make healthcare decisions for you. If you become incapacitated, a HIPAA authorization allows your medical providers to give medical information to a person that you choose. - [Financial Power of Attorney](http://www.arizona-wills.com/financial-poas/) – We all have financial obligations. Unfortunately, they don’t go away if you become incapacitated. If you are unable to handle your own finances, who will do it for you? With a Financial Power of Attorney, you can pick an agent to manage your finances – and pay the bills – when you can’t do so yourself. ## Other Considerations - [Caring for Fluffy and Fido After You’re Gone](http://www.arizona-wills.com/pet-trusts/) – You can make sure your pet has the best possible care with a pet trust. - [Beneficiary Designations](http://www.arizona-wills.com/beneficiary-designations/) – Do you remember filling out a form naming your beneficiary when you set up your retirement account or purchased your life insurance policy? Do you remember who you wrote down? Since life insurance and retirement accounts are often some of the largest assets people own, designating the right beneficiaries is a critical part of estate planning. - [Estate Planning When a Spouse Is Not a U.S. Citizen](http://www.americanbar.org/content/newsletter/publications/law_trends_news_practice_area_e_newsletter_home/0501_estate_estateplanning.html) – Ten things everyone should know about estate planning for non-U.S. citizens. ## Transferring Property to Heirs - [Arizona Beneficiary Deeds](http://www.arizona-wills.com/arizona-beneficiary-deeds/) – Use a Beneficiary Deed to avoid probate of Arizona real property. - [Arizona Beneficiary Deed Preparation Service](http://www.arizona-wills.com/beneficiary-deed-prep/) – An explanation of KEYTLaw’s low-cost Beneficiary Deed preparation service. - [How to Hire KEYTLaw to Prepare an Arizona Beneficiary Deed](http://www.arizona-wills.com/deed/) – Complete our online Arizona Beneficiary Deed Service Agreement, print and sign the document and then send it to us with payment of $195 per Beneficiary Deed. - [Transfer Your Vehicle Probate-Free](http://www.arizona-wills.com/transfer-vehicles/) – Arizona law allows you to transfer the title to your vehicle upon death to one or more beneficiaries of your choice. This estate planning tool is easy and inexpensive, and we’ll tell you how to take advantage of it. - [Intestate Succession](http://www.arizona-wills.com/intestate-succession/) – What happens if you die without a Will? Your property will be distributed in accordance with Arizona’s laws of intestate succession. This article explains how it might work in your situation. - [How to Hold Property](http://www.arizona-wills.com/how-to-hold-property/) – A description of the various ways to hold property, including joint tenants with right of survivorship, community property with right of survivorship, tenants in common, and tenancy by the entirety. ## Estate Planning Mistakes - [Would You Perform Surgery On Yourself? Do-It-Yourself Estate Planning Mistakes](http://www.arizona-wills.com/diy-top-5-mistakes/) – KEYTLaw’s top 5 reasons to avoid DIY estate planning. This is a must-read article for anyone considering DIY estate planning. - [Anna Nicole Smith’s Will: The Saga Continues For Her Family](http://www.arizona-wills.com/az-wills/anna-nicole-smith-will) – A great example of a bad estate plan. ## How Do I? - [How Do I Protect My Loved Ones with an Estate Plan and Avoid the High Cost of Procrastination and Neglect](http://www.arizona-wills.com/why-you-need-ep/) – How your family may suffer severe financial loss if you die or become incapacitated without a comprehensive estate plan. - [How Do I Handle A Deceased Family Member’s Facebook Account](http://www.arizona-wills.com/facebook-after-death/ "How Do I Handle A Deceased Family Member’s Facebook Account?") – Instructions on how to memorialize and remove a loved one’s Facebook account, who can memorialize and remove an account, and tips for copying media before removing an account. - [How Do I Transfer Real Property Into A Trust](http://www.arizona-wills.com/arizona-beneficiary-deeds/) – An introduction to Arizona Beneficiary Deeds, when one is appropriate, the benefits and drawbacks to using a Beneficiary Deed, and forms provided by statute. - [How to Hire KEYTLaw to Prepare an Arizona Beneficiary Deed](http://www.arizona-wills.com/deed/) – Complete our online Arizona Beneficiary Deed Service Agreement, print and sign the document, and then send it to us with payment of $495 per Beneficiary Deed. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don’t charge to talk to people. [Book a Free Office, Phone or Zoom Video Meeting](https://www.keytlaw.com/) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [See his bio](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [See his bio](https://www.keytlaw.com/richard-c-keyt) ## KEYTLaw, LLC ## Arizona estate planning attorneys ## We prepare estate plans to protect peoples’ most valuable assets – their loved ones. ## Phone - 480-664-7478 ## Scottsdale Address - [7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258](https://share.google/EwnidYiCTV4enZP9y) ## More Links - [Book a free meeting](https://www.keytlaw.com/calendar) - [Contents & fee of our estate plan](https://www.keytlaw.com/ep-contents) - [Contents & fees of our LLC formation packages](https://azllc.com/contents) - [Form an Arizona LLC](https://azllc.com/llcq) - [Form a nonprofit corporation](https://www.aznonprofitcorp.com/) - [Form an Arizona IRA LLC](https://www.irallcs.com/) - [Our YouTube videos](https://www.youtube.com/@keytlaw) - [Flying the F-4 Phantom in Combat](https://www.f-4phantom.com/) [Facebook](https://www.facebook.com/keytlaw) [Youtube](https://www.youtube.com/@keytlaw) [Instagram](https://www.instagram.com/keytlaw) [Tiktok](https://www.tiktok.com/@keytlaw) ## Revocable Living Trusts - [Understanding the Significance of Trusts](http://www.arizona-wills.com/understanding-trusts/) – An explanation of basic concepts of revocable and irrevocable trusts. - [Trust Incentive & Disincentive Provisions](http://www.arizona-wills.com/trust-incentives-disincentives) – Sample optional trust incentive and disincentive provisions. - [Beneficiary controlled asset protected trusts](https://www.keytlaw.com/ep-apt/) that protect inherited assets from the beneficiary’s creditors, ex-spouses and bankruptcy - [Arizona Trust Companies](http://www.arizona-wills.com/arizona-trust-companies) – A list of Arizona trust companies KEYTLaw recommends if you plan to name an institutional trustee. ## Death & Disability Planning - [Healthcare Power of Attorney](http://www.arizona-wills.com/healthcare-poa/) – If you are sick or injured and unable to make your own healthcare decisions, who will make them for you? With a Healthcare Power of Attorney, you decide. Without a Healthcare Power of Attorney, a court will decide—and it won’t be cheap. - [Living Wills](http://www.arizona-wills.com/living-wills/) – Remember Terri Schaivo? After a heart attack, Terri was left in a persistent vegetative state. Terri’s story made national headlines because her husband and parents couldn’t agree on what Terri herself would have wanted. Did Terri want to be kept alive artificially in her condition? Or did Terri want to refuse the aggressive medical treatment and die naturally? Since Terri didn’t have a Living Will, Terri didn’t get to make that decision. - [HIPAA Authorization](http://www.arizona-wills.com/hipaa/) – Federal healthcare privacy laws (HIPAA) prohibit medical providers from disclosing your medical information without your permission. But what if you’re unable to give permission because you’re sick or injured? You probably want a loved one to be informed of your medical condition so they can make healthcare decisions for you. If you become incapacitated, a HIPAA authorization allows your medical providers to give medical information to a person that you choose. - [Financial Power of Attorney](http://www.arizona-wills.com/financial-poas/) – We all have financial obligations. Unfortunately, they don’t go away if you become incapacitated. If you are unable to handle your own finances, who will do it for you? With a Financial Power of Attorney, you can pick an agent to manage your finances – and pay the bills – when you can’t do so yourself. ## Special Trusts - [NFA Gun Trusts](http://www.arizona-wills.com/gun-trusts/) – A resource for Arizona residents to understand the NFA, Title II firearms, and how and when to use a gun trust to own and use Title II firearms. - [IRA Inheritance Trust®](http://www.arizona-wills.com/ira-trust/) – A new type of trust called the IRA Inheritance Trust® can ensure your beneficiaries stretch-out distributions over their lives for tax-free growth to maximize wealth accumulation and to provide asset protection if necessary. - [Pet Trusts](http://www.arizona-wills.com/pet-trusts/) – Since pets are our furry “kids,” it makes sense to protect them just like our human children. Often, pets are left scared and forgotten after a tragedy. Some might even end up in shelters, or worse. Don’t leave Fido and Fluffy out of your estate plan – protect them with a Pet Trust! - [Special Needs Trusts](http://online.wsj.com/article/SB122351155944317491.html) – This Wall Street Journal article sheds light on this important type of trust for individuals with special needs. ## Transferring Property to Loved Ones - [Arizona Beneficiary Deeds](http://www.arizona-wills.com/arizona-beneficiary-deeds/) – Use a Beneficiary Deed to avoid probate of Arizona real property. - [Arizona Beneficiary Deed Preparation Service](http://www.arizona-wills.com/beneficiary-deed-prep/) – An explanation of KEYTLaw’s low-cost Beneficiary Deed preparation service. - [How to Hire KEYTLaw to Prepare an Arizona Beneficiary Deed](http://www.arizona-wills.com/deed/) – Complete our online Arizona Beneficiary Deed Service Agreement, print and sign the document and then send it to us with payment of $195 per Beneficiary Deed. - [Transfer Your Vehicle Probate-Free](http://www.arizona-wills.com/transfer-vehicles/) – Arizona law allows you to transfer the title to your vehicle upon death to one or more beneficiaries of your choice. This estate planning tool is easy and inexpensive, and we’ll tell you how to take advantage of it. - [Intestate Succession](http://www.arizona-wills.com/intestate-succession/) – What happens if you die without a Will? Your property will be distributed in accordance with Arizona’s laws of intestate succession. This article explains how it might work in your situation. - [How to Hold Property](http://www.arizona-wills.com/how-to-hold-property/) – A description of the various ways to hold property, including joint tenants with right of survivorship, community property with right of survivorship, tenants in common, and tenancy by the entirety. ## Estate Planning Mistakes - [Would You Perform Surgery On Yourself? Do-It-Yourself Estate Planning Mistakes](http://www.arizona-wills.com/diy-top-5-mistakes/) – KEYTLaw’s top 5 reasons to avoid DIY estate planning. This is a must-read article for anyone considering DIY estate planning. - [Anna Nicole Smith’s Will: The Saga Continues For Her Family](http://www.arizona-wills.com/az-wills/anna-nicole-smith-will) – A great example of a bad estate plan. ## How Do I? - [How Do I Protect My Loved Ones with an Estate Plan and Avoid the High Cost of Procrastination and Neglect](http://www.arizona-wills.com/why-you-need-ep/) – How your family may suffer severe financial loss if you die or become incapacitated without a comprehensive estate plan. - [How Do I Handle A Deceased Family Member’s Facebook Account](http://www.arizona-wills.com/facebook-after-death/ "How Do I Handle A Deceased Family Member’s Facebook Account?") – Instructions on how to memorialize and remove a loved one’s Facebook account, who can memorialize and remove an account, and tips for copying media before removing an account. - [How Do I Transfer Real Property Into A Trust](http://www.arizona-wills.com/arizona-beneficiary-deeds/) – An introduction to Arizona Beneficiary Deeds, when one is appropriate, the benefits and drawbacks to using a Beneficiary Deed, and forms provided by statute. - [How to Hire KEYTLaw to Prepare an Arizona Beneficiary Deed](http://www.arizona-wills.com/deed/) – Complete our online Arizona Beneficiary Deed Service Agreement, print and sign the document, and then send it to us with payment of $495 per Beneficiary Deed. ## Other Considerations - [Caring for Fluffy and Fido After You’re Gone](http://www.arizona-wills.com/pet-trusts/) – You can make sure your pet has the best possible care with a pet trust. - [Beneficiary Designations](http://www.arizona-wills.com/beneficiary-designations/) – Do you remember filling out a form naming your beneficiary when you set up your retirement account or purchased your life insurance policy? Do you remember who you wrote down? Since life insurance and retirement accounts are often some of the largest assets people own, designating the right beneficiaries is a critical part of estate planning. - [Estate Planning When a Spouse Is Not a U.S. Citizen](http://www.americanbar.org/content/newsletter/publications/law_trends_news_practice_area_e_newsletter_home/0501_estate_estateplanning.html) – Ten things everyone should know about estate planning for non-U.S. citizens. ## Steps to Hire Us to Prepare Your Custom Estate Plan - **Step 1 Review the Contents of Our Estate Plan**: To protect your most valuable assets—your loved ones—read about the 36 [documents and services](https://www.keytlaw.com/ep-contents) we will give you if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch [our video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). - **Step 2 Book a Free Meeting**: Book a free no-obligation office, phone, or Zoom video meeting with one of our estate planning lawyers to get answers to your questions and design your custom estate plan. To book a free meeting, go to the Keyt’s [online calendar](https://www.keytlaw.com/calendar). During this meeting, we will answer your questions and work with you to design your custom estate plan. - **Step 3 Submit Our Online Estate Plan Questionnaire**: Before your free meeting with a KEYTLaw, LLC, attorney, we’d like you to complete and submit our optional [Estate Plan Questionnaire](https://www.keytlaw.com/epq/) so he has time to understand your situation before the meeting. If you don’t have time to submit the questionnaire before the meeting that’s ok. We can collect the information during our meeting. Submitting the Questionnaire helps us design an estate plan that meets your goals. All information you enter will be strictly confidential. The more of the Questionnaire you complete, the better, but please don’t get stuck if there is something you aren’t sure of. If you don’t know how to answer a question, skip the question. You can always go back and fill in more of the information or make corrections later. - **Step 4 Meet with Richard Keyt or His Son Richard C. Keyt in Our Office, by Phone or a Zoom Video Meeting**: During this meeting we will learn about you and your loved ones and your concerns, answer your questions and design a custom estate plan that will protect your most valuable assets – your loved ones. We will also collect the information we need to prepare your estate plan documents. - **Step 5 Come to Our Office & Sign Your Documents**. During this meeting we will answer your questions, make any changes you want to make and you will then sign your documents. We will provide two witnesses and a notary. We are located at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale. - **Step 6 We Mail You a 3-Ring Binder that Contains Your Estate Plan Documents**. All your documents are organized behind tabs in the binder. You will also get a thumb drive that contains digital pdf files of all of your signed documents. [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![](https://www.keytlaw.com/wp-content/uploads/2025/10/another-family-768x768.png "- KEYTLaw") #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Why Not Having a Financial Power of Attorney Could Harm You](https://www.keytlaw.com/arizona-financial-power-of-attorney/) **Published:** April 11, 2026 **Author:** Richard Keyt **Content:** # Why Not Having a Financial Power of Attorney Could Harm You By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![financial-power-of-attorney](https://www.keytlaw.com/wp-content/uploads/2026/04/fpoa-scaled.png "fpoa - KEYTLaw") ## Our 5-Star Reviews Excellent [KEYTLaw LLC](https://www.keytlaw.com/)4.9 [See all reviews](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Cindy S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My son passed away in AZ where he lived. I, his mother live in Savannah, GA. Not familiar with AZ law, I went to the Keyt Law offices in Phoenix. Richard Keyt Jr. was very welcoming and helpful from the start and all the way through Probate. Any questions that I had, he answered promptly and efficiently. I would highly recommend this Law firm. I am very pleased! Thank you Richard!!!!! [Divine Doors Assisted Living, L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My attorney Ricky with KEYTLaw has been so helpful through the process of starting my business. I am grateful to him and his staff for their timely assistance and for their expertise. [Mark B.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Laura H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have worked with Keyt law for many years, they’ve helped me form all of my LLCs, create my estate plan, and handle many other legal matters. Their staff is always friendly, responsive, and professional, making every process smooth and stress free. I highly recommend Keyt Law to anyone looking for knowledgeable attorneys who provide exceptional service. [Lucia W.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I first contacted Keyt Law firm when I was thinking about opening up my own nonprofit business. Everyone that I spoke to was very patient and knowledgeable in going through the steps necessary to make sure that I was comfortable in what I was endeavoring to do. Special thanks to Noah who was always available to answer my questions and guided me through all the steps. I am very confident in recommending Keyt Law Firm. [Greg M.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Noah is very helpful with a can do attitude. I wish the world had more like him. [montetackett](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Easy, affordable and accurate. [Valli Dawn H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard, Noah and the team at Keyt Law did a great job helping us with several estate and corporate planning goals we had. They were prompt, thorough, provided great communication and we will contact them again anytime we need updates or help. [Joseph Z.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Awesome services and great communication. Highly recommended! [Susan R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Twenty years ago I decided to start a non profit with no business experience and a vision of helping teens who were facing multiple challenges. I found Keyt Law online with free information for start ups like mine. I randomly called the office and Mr. Keyt answered the phone. I explained my mission and he spent the next hour taking me through the process. He never sent me a bill for his invaluable time. Keyt Law has been my statutory agent since then with a very small fee. Any time I have a question or problem they are there for me. The integrity of this law firm is a direct reflection of its Founder. I was blessed to have them by my side. Special thanks to Noah from accounting who helped me with my annual report! [Andrew K.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very efficient service. My experience is limited to the formation of two LLCs. They were handled very well and quickly. The price was also reasonable. [Jerry G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Used them to set up LLC and annual renewal. Seamless and easy to work with. [M.M. R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very glad to give 5 star rating to KeithLaw firm. We have established an IRA LLC from 13 years ago with assistance from this very client friendly law firm. I found them to be very reliable, courteous and easy to work with. I still talk to them from time to time for timely advice as needed. I very strongly recommend this friendly family friendly legal firm to any one in need of legal help particularly those from retired community. [Mary E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law Firm was great in helping us set up our LLC and keeping us informed when things need to be renewed. [Eric G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard’s expertise and guidance made a big difference for us and we would not have been able to do this without his knowledge. He was kind enough to “warn us” that our first 1023 application may not get IRS approval because it wasn’t mission driven enough. That caused us to completely reframe our entire concept and a complete redo of the form and it worked out so well that we actually got approval from the IRS two weeks after submitting our form 1023 along with an expedited request. Thank you so much Richard! [Justin G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very helpful with setting up business organizations. [Latrice J.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I absolutely appreciate this firm because they have assisted me With my nonprofit in terms of setting it up and assisting me with education via their website and much more. I would not be able to continue helping survivors and domestic violence without their support. [Kara E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard Keyt Jr. is one of the most knowledgeable and thorough attorneys I have worked with. We hired Richard to review trust, estate, and loan documents that had been prepared by another attorney. During his review, he identified a significant issue that could have resulted in approximately hundreds of thousands of dollars in unnecessary tax consequences. His analysis likely saved our family an enormous amount of money and gave us confidence that the documents were accomplishing what was actually intended. When revised documents were later prepared, Richard reviewed those as well and identified additional concerns that warranted further attention. His willingness to carefully review every detail and ask the difficult questions provided an extra level of protection that was invaluable. What sets Richard apart is his ability to explain highly complex trust, estate, and tax issues in a way that ordinary people can understand. He is approachable, patient, and easy to talk to. He can support his opinions with statutes and case law, yet he never comes across as arrogant or intimidating. When dealing with important family, trust, and estate matters, you need someone who is willing to look beyond the surface and identify problems before they become expensive mistakes. Richard did exactly that for us. His expertise, attention to detail, and commitment to protecting his clients’ interests gave us tremendous peace of mind. I recommend Richard Keyt Jr. without hesitation. If you are looking for an attorney who combines exceptional legal knowledge with practical, understandable advice, Richard is an excellent choice. [Jacqueline F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) They set up my LLC 5 years ago and have been taking great care of me ever since! [Josh F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Bela F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Excellent staff, professional, attentive and considerate [Wayne L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very easy to work with and responsive, will be using them again. [Ken E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have done several LLCs and other work with Keyt Law, and they are expert, fast, affordable and easy to work with. Richard is always super accessible on the phone and he always makes time to answer questions, discuss options and provide solutions. [Dar S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law establishment out LLC for us and were very knowledgeable and efficient. They are great about providing their customers with information they should know about and there is no pressure to upsell you further services. [Garratt P.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Exceptionally professional, informative, and easy to work with. Richard Keyt Jr. made the process seamless and informative. The Gold Package is worth every penny. You will also receive this beautiful leather bound book with all your documents. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Arizona Residents: Who Controls Your Assets If You Become Incapacitated? a ***The sobering truth about financial powers of attorney that every Arizona resident needs to hear — before it’s too late.*** Every year, thousands of Arizona families are blindsided when a loved one suffers a stroke, a serious accident, or the sudden onset of mental incapacity. Without a financial power of attorney in place, your spouse, significant other, your children, and your closest family members may be legally powerless to pay your bills, manage your investments, or keep your business afloat — while you lie in a hospital bed, unable to speak for yourself. **What Is a Financial Power of Attorney?** A financial power of attorney (also called a “durable power of attorney for finances” or simply a “DPOA”) is a legal document that authorizes one or more people you choose — called your agent or attorney-in-fact — to manage your financial affairs on your behalf if you are unable to do it. The word durable is critical. A durable power of attorney remains legally valid even if you later become mentally incapacitated. A non-durable power of attorney automatically expires the moment you can no longer make decisions for yourself — which is precisely when you need it most. In Arizona, a properly drafted power of attorney is presumed to be durable unless the document specifically states otherwise. Your agent can be your spouse, significant other, an adult child, a trusted friend, or a professional fiduciary. You select your agent(s). You set the rules. You remain in control — right up until the moment that control matters most. Without this document, your family may need a court order just to pay your mortgage and expenses — and that court process can take months and cost thousands of dollars. **What Can Your Agent Actually Do?** A well-drafted Arizona financial power of attorney can authorize your agent to handle virtually every financial task in your life, including: - Pay your bills and living expenses - Manage your bank and investment accounts - File your income tax returns - Buy, sell, or manage real estate - Operate your business interests - Collect government benefits - Make gifts on your behalf - Manage retirement accounts - Handle insurance policies - Settle debts and claims - Access safe deposit boxes - Manage digital assets and accounts The scope of authority is entirely up to you. You can grant broad powers or narrow, limited authority for specific tasks only. This is one of the most flexible documents in all of estate planning. **The Nightmare Scenarios Nobody Wants to Think About** Most people assume incapacity only happens to the elderly. They are wrong. A car accident, a sudden stroke, or a brain injury can strike anyone at any age. Consider what happens to real Arizona families every single day: **Scenario 1: The Stroke at 54** A husband suffers a massive stroke and is hospitalized for months. His wife cannot access their joint investment accounts, cannot refinance the mortgage coming due, and cannot make decisions about his business — because the accounts and business are titled in his name alone. She must go to court and waste money to get the court to appoint her as his guardian and conservator. **Scenario 2: The Car Accident at 28** A 28-year-old is left in a coma after a serious collision. His parents cannot access his bank account to pay his rent, cannot communicate with his employer, and cannot manage his student loans going into default — because he had no power of attorney and, as a legal adult, his parents have zero authority over his finances. **Scenario 3: Early Alzheimer’s at 67** A retired woman shows early signs of Alzheimer’s. By the time her son realizes the severity, she no longer has the legal mental capacity to sign a power of attorney. Her estate must go through a costly, emotionally devastating guardianship and conservatorship proceeding in Arizona Superior Court — exactly what a DPOA could have prevented. **Scenario 4: The Business Owner’s Emergency** An LLC owner is hospitalized after a serious diagnosis. No one is authorized to sign contracts, make payroll, renew leases, or respond to legal demands on behalf of his company. His business — built over 20 years — begins to collapse while he recovers. These are not hypotheticals pulled from a law school textbook. These are the real, devastating situations I have watched Arizona families navigate — often at enormous financial and emotional cost — that a simple, properly drafted document could have prevented entirely. **The True Cost of Not Having a Financial Power of Attorney** When there is no power of attorney in place and someone becomes incapacitated, Arizona law provides only one remedy: a court-supervised conservatorship proceeding. Here is what that actually means for your family: **Time:** The court process typically takes 3 to 6 months or longer — months during which your bills can go unpaid, your investments can go unmanaged, and your business can wither. **Cost:** Conservatorship proceedings routinely cost $5,000 to $15,000 or more in attorney fees, court costs, and physician evaluation fees — costs paid directly from your estate. **Ongoing court supervision:** Once appointed, your conservator must file annual accountings with the court, obtain court approval for many financial decisions, and post a bond. The court oversight never ends while you remain incapacitated. **Public record:** Every detail of your financial life — your assets, your debts, your income — becomes part of a public court record that anyone can access. A financial power of attorney costs a small fraction of what a conservatorship proceeding costs. The comparison is not even close. **What Arizona Law Requires for a Valid DPOA** Under Arizona Revised Statutes [Section 14-5501](https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/14/05501.htm) et seq. (the Uniform Power of Attorney Act, adopted in Arizona), a financial power of attorney must be signed by the principal — that’s you — with mental capacity, in writing, and acknowledged before a notary public. The document does not need to be filed with any court or government office to be valid. However, if your agent will be handling real estate transactions, recording a copy with the county recorder is strongly advisable. Arizona law also provides important agent protections: a person who acts in good faith reliance on a properly executed power of attorney is protected, even if the principal later dies or the power is revoked — as long as they had no actual knowledge of the revocation. This makes Arizona banks and financial institutions generally willing to honor these documents. **One critical warning:** Some fill-in-the-blank or online form powers of attorney are technically defective under Arizona law, or are simply too vague for financial institutions to honor. An experienced estate planning attorney should draft this document. **When Does a Financial Power of Attorney Take Effect?** You have two main options under Arizona law: **Immediate DPOA:** Takes effect the moment it is signed. Your agent can act right away — even while you have full capacity. This is useful if you travel frequently, have a demanding schedule, or simply want your agent to be able to help with financial tasks now. **Springing DPOA:** Takes effect only when you become incapacitated, as certified by one or more licensed physicians. This feels more comfortable to many clients because it limits your agent’s authority until it’s actually needed. However, the springing mechanism can create practical delays at exactly the worst moment. Most experienced Arizona estate planning attorneys recommend the immediate DPOA with the right person as agent — because trust in your agent is the foundation of this entire document. **Choosing the Right Agent: The Most Important Decision You’ll Make** The agent you name receives extraordinary trust and authority. A dishonest or incompetent agent can do serious financial damage. Choose carefully. Your agent should be: **Completely trustworthy.** Your agent will have access to your bank accounts, your investments, and potentially your business. This must be someone you trust with your life — because effectively, you are. **Financially responsible.** Someone who struggles to manage their own finances is a poor choice, regardless of how much you love them. **Available and willing.** Acting as an agent takes real time and effort. Make sure your chosen person is able and willing to serve — and name at least one successor agent in case your first choice is unavailable. **Geographically accessible.** In practical terms, a local agent can act more quickly. If your primary agent lives across the country, consider that limitation. **A Financial Power of Attorney Is Not a Will** This is one of the most common misconceptions I encounter. A financial power of attorney controls your finances while you are alive. The moment you die, it expires — instantly and completely. At that point, your will or your trust takes over. A complete estate plan addresses both: a financial power of attorney to manage incapacity during your lifetime, and a will or revocable living trust to govern distribution of your assets after death. These documents work together. Neither one alone is a complete plan. ***You cannot sign a power of attorney from a hospital bed if you have already lost mental capacity. By then, the window has closed.*** **Don’t Wait Until It’s Too Late** Here is the brutal reality of estate planning that most people learn the hard way: you can only sign a financial power of attorney while you have legal mental capacity. The law requires it. There is no emergency exception. There is no workaround. Once the stroke hits, once the accident happens, once the dementia progresses past the legal threshold — the opportunity to sign this document is gone. Forever. And your family is left to navigate the Arizona court system at enormous expense during the worst period of their lives. The good news is that right now — today — you almost certainly have capacity. You are reading this article, thinking clearly, and able to take action. That window is open. The question is whether you will use it. **Protect Your Family. Do It Now.** A properly drafted Arizona financial power of attorney is one of the most important — and most affordable — legal documents you will ever sign. Don’t leave your family unprotected. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch thie [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). Our estate plan includes a Financial Power of Attorney. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Why Every Arizona Adult Needs a Healthcare Power of Attorney](https://www.keytlaw.com/arizona-healthcare-power-of-attorney/) **Published:** April 5, 2026 **Author:** Richard Keyt **Content:** # Why Every Arizona Adult Needs a Healthcare Power of Attorney By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![healthcare power of attorney](https://www.keytlaw.com/wp-content/uploads/2026/04/hcpoa-scaled.png "hcpoa - KEYTLaw") ## Our 5-Star Reviews Excellent [KEYTLaw LLC](https://www.keytlaw.com/)4.9 [See all reviews](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Cindy S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My son passed away in AZ where he lived. I, his mother live in Savannah, GA. Not familiar with AZ law, I went to the Keyt Law offices in Phoenix. Richard Keyt Jr. was very welcoming and helpful from the start and all the way through Probate. Any questions that I had, he answered promptly and efficiently. I would highly recommend this Law firm. I am very pleased! Thank you Richard!!!!! [Divine Doors Assisted Living, L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My attorney Ricky with KEYTLaw has been so helpful through the process of starting my business. I am grateful to him and his staff for their timely assistance and for their expertise. [Mark B.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Laura H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have worked with Keyt law for many years, they’ve helped me form all of my LLCs, create my estate plan, and handle many other legal matters. Their staff is always friendly, responsive, and professional, making every process smooth and stress free. I highly recommend Keyt Law to anyone looking for knowledgeable attorneys who provide exceptional service. [Lucia W.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I first contacted Keyt Law firm when I was thinking about opening up my own nonprofit business. Everyone that I spoke to was very patient and knowledgeable in going through the steps necessary to make sure that I was comfortable in what I was endeavoring to do. Special thanks to Noah who was always available to answer my questions and guided me through all the steps. I am very confident in recommending Keyt Law Firm. [Greg M.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Noah is very helpful with a can do attitude. I wish the world had more like him. [montetackett](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Easy, affordable and accurate. [Valli Dawn H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard, Noah and the team at Keyt Law did a great job helping us with several estate and corporate planning goals we had. They were prompt, thorough, provided great communication and we will contact them again anytime we need updates or help. [Joseph Z.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Awesome services and great communication. Highly recommended! [Susan R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Twenty years ago I decided to start a non profit with no business experience and a vision of helping teens who were facing multiple challenges. I found Keyt Law online with free information for start ups like mine. I randomly called the office and Mr. Keyt answered the phone. I explained my mission and he spent the next hour taking me through the process. He never sent me a bill for his invaluable time. Keyt Law has been my statutory agent since then with a very small fee. Any time I have a question or problem they are there for me. The integrity of this law firm is a direct reflection of its Founder. I was blessed to have them by my side. Special thanks to Noah from accounting who helped me with my annual report! [Andrew K.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very efficient service. My experience is limited to the formation of two LLCs. They were handled very well and quickly. The price was also reasonable. [Jerry G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Used them to set up LLC and annual renewal. Seamless and easy to work with. [M.M. R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very glad to give 5 star rating to KeithLaw firm. We have established an IRA LLC from 13 years ago with assistance from this very client friendly law firm. I found them to be very reliable, courteous and easy to work with. I still talk to them from time to time for timely advice as needed. I very strongly recommend this friendly family friendly legal firm to any one in need of legal help particularly those from retired community. [Mary E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law Firm was great in helping us set up our LLC and keeping us informed when things need to be renewed. [Eric G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard’s expertise and guidance made a big difference for us and we would not have been able to do this without his knowledge. He was kind enough to “warn us” that our first 1023 application may not get IRS approval because it wasn’t mission driven enough. That caused us to completely reframe our entire concept and a complete redo of the form and it worked out so well that we actually got approval from the IRS two weeks after submitting our form 1023 along with an expedited request. Thank you so much Richard! [Justin G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very helpful with setting up business organizations. [Latrice J.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I absolutely appreciate this firm because they have assisted me With my nonprofit in terms of setting it up and assisting me with education via their website and much more. I would not be able to continue helping survivors and domestic violence without their support. [Kara E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard Keyt Jr. is one of the most knowledgeable and thorough attorneys I have worked with. We hired Richard to review trust, estate, and loan documents that had been prepared by another attorney. During his review, he identified a significant issue that could have resulted in approximately hundreds of thousands of dollars in unnecessary tax consequences. His analysis likely saved our family an enormous amount of money and gave us confidence that the documents were accomplishing what was actually intended. When revised documents were later prepared, Richard reviewed those as well and identified additional concerns that warranted further attention. His willingness to carefully review every detail and ask the difficult questions provided an extra level of protection that was invaluable. What sets Richard apart is his ability to explain highly complex trust, estate, and tax issues in a way that ordinary people can understand. He is approachable, patient, and easy to talk to. He can support his opinions with statutes and case law, yet he never comes across as arrogant or intimidating. When dealing with important family, trust, and estate matters, you need someone who is willing to look beyond the surface and identify problems before they become expensive mistakes. Richard did exactly that for us. His expertise, attention to detail, and commitment to protecting his clients’ interests gave us tremendous peace of mind. I recommend Richard Keyt Jr. without hesitation. If you are looking for an attorney who combines exceptional legal knowledge with practical, understandable advice, Richard is an excellent choice. [Jacqueline F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) They set up my LLC 5 years ago and have been taking great care of me ever since! [Josh F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Bela F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Excellent staff, professional, attentive and considerate [Wayne L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very easy to work with and responsive, will be using them again. [Ken E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have done several LLCs and other work with Keyt Law, and they are expert, fast, affordable and easy to work with. Richard is always super accessible on the phone and he always makes time to answer questions, discuss options and provide solutions. [Dar S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law establishment out LLC for us and were very knowledgeable and efficient. They are great about providing their customers with information they should know about and there is no pressure to upsell you further services. [Garratt P.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Exceptionally professional, informative, and easy to work with. Richard Keyt Jr. made the process seamless and informative. The Gold Package is worth every penny. You will also receive this beautiful leather bound book with all your documents. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Who Will Speak for You if You Can't Talk to Your Doctor? Arizona residents have the right to make their own medical decisions. This is a protected freedom. But what happens if a sudden illness or accident leaves you unable to communiate with your doctor? Without a healthcare power of attorney, your medical decisions could be made by a court-appointed person you would not want to make your medical decisions. Who ensures your doctors know your wishes? Who makes the tough calls about your medical treatment? An **Arizona Healthcare Power of Attorney (HCPOA)** ensures that **you** choose who makes those life-altering decisions on your behalf. Many people assume that healthcare planning is only for the elderly or the terminally ill. In reality, a Healthcare Power of Attorney is a fundamental necessity for **every adult over the age of 18.** **What is an Arizona Healthcare Power of Attorney?** Under Arizona law (A.R.S. § 36-3221), a Healthcare Power of Attorney is a legal document where you (the “Principal”) designate a person you trust (your “Agent”) to make medical decisions for you if you become incapacitated. In Arizona, this role is broad. Your agent doesn’t just decide on surgeries; they can also be authorized to handle: - **Mental Health Care**: Including admission to behavioral health facilities if specifically authorized. - **End-of-Life Care**: Aligning with your Living Will. - **Funeral & Disposition**: Directing what happens after you pass away. - **Anatomical Gifts**: Managing organ donation and autopsy preferences. **Why Arizona Residents Need This Document**. 1\. **Avoiding “Guardianship” in Arizona Courts** If you lose capacity in Arizona without a HCPOA, your loved ones may have to petition the Superior Court for a Guardianship. This is a public, time-consuming, and expensive legal process. By naming an agent now, you keep your private matters out of the courtroom and save your family thousands of dollars in legal fees. 2\. **The “18+ Milestone” for Arizona Parents** In the eyes of Arizona law, once a child turns 18, they are an adult. This means parents no longer have an automatic right to see their child’s medical records or make decisions for them. If your college-aged child has an emergency, a Healthcare POA is the only way you can step in immediately without legal hurdles. 3\. **Arizona’s Strict Witnessing Requirements** Arizona has specific rules to ensure these documents are valid. To be legally binding in our state, your HCPOA must be: - Signed by you (the Principal) while you are of sound mind. - Notarized OR witnessed by at least one adult who is not your agent, not related to you, and not a beneficiary of your estate. 4\. **Total Control Over “Mental Health” Decisions** Arizona is unique in that it offers a specific provision for Mental Health Care Power of Attorney. Without explicit language in your documents, your agent may not have the authority to get you certain types of psychiatric help if you are in a crisis. We ensure your documents are comprehensive enough to cover all aspects of your well-being. **5. You Keep the Power of Choice** If you don’t have a HCPOA and you become unable to spea.k for yourself, state laws often dictate who can make decisions for you (usually a spouse or next of kin). This person may not be who you would have chosen, or they may not understand your personal values and medical preferences. By creating a HCPOA, **you** stay in the driver’s seat. **6. Prevents Family Conflict** Medical emergencies are high-stress situations. When there is no clear “point person” designated, family members often disagree on the best course of action. This can lead to painful disputes, fractured relationships, or even legal battles. A HCPOA provides a clear hierarchy, giving your family the gift of clarity during a difficult time. **7. It Applies to Every Stage of Life** For young adults—such as college students—a HCPOA is especially critical. Once a child turns 18, parents no longer have an automatic legal right to their medical information or decision-making. Should a young adult have an accident away from home, having this document in place allows parents to step in immediately without seeking a court-ordered guardianship. #### **8. It Avoids Costly Court Intervention** If you become incapacitated without a HCPOA, your loved ones will have to hire a lawyer to petition a court appoint a “Guardian” who will make medical decisions for you. This process is often slow, expensive, and public. A HCPOA is a simple, private document that bypasses the courtroom entirely. **Peace of Mind for You and Your Loved Ones** An estate plan is about more than just what happens to your assets; it’s about protecting your personhood and your dignity. Selecting a Healthcare Power of Attorney ensures that your medical care remains in the hands of someone you trust who knows you, loves you, and respects your wishes. > **Don’t leave your medical future to chance. Protect yourself and ensure peace of mind for your family by adopting a Healthcare Power of Attorney.** ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch the [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). Our estate plan includes a Healthcare Power of Attorney. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona HIPAA Authorization Form](https://www.keytlaw.com/arizona-hipaa-authorization/) **Published:** April 10, 2026 **Author:** Richard Keyt **Content:** # What Is a HIPAA Authorization & Why Every Arizona Adult Needs It By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![hipaa-authorization](https://www.keytlaw.com/wp-content/uploads/2026/04/hipaa-authorization-scaled.png "hipaa-authorization - KEYTLaw") ## Our 5-Star Reviews Excellent [KEYTLaw LLC](https://www.keytlaw.com/)4.9 [See all reviews](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Cindy S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My son passed away in AZ where he lived. I, his mother live in Savannah, GA. Not familiar with AZ law, I went to the Keyt Law offices in Phoenix. Richard Keyt Jr. was very welcoming and helpful from the start and all the way through Probate. Any questions that I had, he answered promptly and efficiently. I would highly recommend this Law firm. I am very pleased! Thank you Richard!!!!! [Divine Doors Assisted Living, L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My attorney Ricky with KEYTLaw has been so helpful through the process of starting my business. I am grateful to him and his staff for their timely assistance and for their expertise. [Mark B.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Laura H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have worked with Keyt law for many years, they’ve helped me form all of my LLCs, create my estate plan, and handle many other legal matters. Their staff is always friendly, responsive, and professional, making every process smooth and stress free. I highly recommend Keyt Law to anyone looking for knowledgeable attorneys who provide exceptional service. [Lucia W.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I first contacted Keyt Law firm when I was thinking about opening up my own nonprofit business. Everyone that I spoke to was very patient and knowledgeable in going through the steps necessary to make sure that I was comfortable in what I was endeavoring to do. Special thanks to Noah who was always available to answer my questions and guided me through all the steps. I am very confident in recommending Keyt Law Firm. [Greg M.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Noah is very helpful with a can do attitude. I wish the world had more like him. [montetackett](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Easy, affordable and accurate. [Valli Dawn H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard, Noah and the team at Keyt Law did a great job helping us with several estate and corporate planning goals we had. They were prompt, thorough, provided great communication and we will contact them again anytime we need updates or help. [Joseph Z.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Awesome services and great communication. Highly recommended! [Susan R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Twenty years ago I decided to start a non profit with no business experience and a vision of helping teens who were facing multiple challenges. I found Keyt Law online with free information for start ups like mine. I randomly called the office and Mr. Keyt answered the phone. I explained my mission and he spent the next hour taking me through the process. He never sent me a bill for his invaluable time. Keyt Law has been my statutory agent since then with a very small fee. Any time I have a question or problem they are there for me. The integrity of this law firm is a direct reflection of its Founder. I was blessed to have them by my side. Special thanks to Noah from accounting who helped me with my annual report! [Andrew K.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very efficient service. My experience is limited to the formation of two LLCs. They were handled very well and quickly. The price was also reasonable. [Jerry G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Used them to set up LLC and annual renewal. Seamless and easy to work with. [M.M. R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very glad to give 5 star rating to KeithLaw firm. We have established an IRA LLC from 13 years ago with assistance from this very client friendly law firm. I found them to be very reliable, courteous and easy to work with. I still talk to them from time to time for timely advice as needed. I very strongly recommend this friendly family friendly legal firm to any one in need of legal help particularly those from retired community. [Mary E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law Firm was great in helping us set up our LLC and keeping us informed when things need to be renewed. [Eric G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard’s expertise and guidance made a big difference for us and we would not have been able to do this without his knowledge. He was kind enough to “warn us” that our first 1023 application may not get IRS approval because it wasn’t mission driven enough. That caused us to completely reframe our entire concept and a complete redo of the form and it worked out so well that we actually got approval from the IRS two weeks after submitting our form 1023 along with an expedited request. Thank you so much Richard! [Justin G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very helpful with setting up business organizations. [Latrice J.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I absolutely appreciate this firm because they have assisted me With my nonprofit in terms of setting it up and assisting me with education via their website and much more. I would not be able to continue helping survivors and domestic violence without their support. [Kara E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard Keyt Jr. is one of the most knowledgeable and thorough attorneys I have worked with. We hired Richard to review trust, estate, and loan documents that had been prepared by another attorney. During his review, he identified a significant issue that could have resulted in approximately hundreds of thousands of dollars in unnecessary tax consequences. His analysis likely saved our family an enormous amount of money and gave us confidence that the documents were accomplishing what was actually intended. When revised documents were later prepared, Richard reviewed those as well and identified additional concerns that warranted further attention. His willingness to carefully review every detail and ask the difficult questions provided an extra level of protection that was invaluable. What sets Richard apart is his ability to explain highly complex trust, estate, and tax issues in a way that ordinary people can understand. He is approachable, patient, and easy to talk to. He can support his opinions with statutes and case law, yet he never comes across as arrogant or intimidating. When dealing with important family, trust, and estate matters, you need someone who is willing to look beyond the surface and identify problems before they become expensive mistakes. Richard did exactly that for us. His expertise, attention to detail, and commitment to protecting his clients’ interests gave us tremendous peace of mind. I recommend Richard Keyt Jr. without hesitation. If you are looking for an attorney who combines exceptional legal knowledge with practical, understandable advice, Richard is an excellent choice. [Jacqueline F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) They set up my LLC 5 years ago and have been taking great care of me ever since! [Josh F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Bela F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Excellent staff, professional, attentive and considerate [Wayne L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very easy to work with and responsive, will be using them again. [Ken E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have done several LLCs and other work with Keyt Law, and they are expert, fast, affordable and easy to work with. Richard is always super accessible on the phone and he always makes time to answer questions, discuss options and provide solutions. [Dar S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law establishment out LLC for us and were very knowledgeable and efficient. They are great about providing their customers with information they should know about and there is no pressure to upsell you further services. [Garratt P.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Exceptionally professional, informative, and easy to work with. Richard Keyt Jr. made the process seamless and informative. The Gold Package is worth every penny. You will also receive this beautiful leather bound book with all your documents. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## No HIPAA Authorization Could Lock Your Family Out of Your Medical Care a **If you are hospitalized tomorrow — unconscious, unable to speak — your spouse, your adult children, your closest family members could be legally blocked from knowing what is happening to you and making medical decisions for you when you can’t communicate with your doctor.** Not because anyone is being cruel. Not because the hospital doesn’t care. But because of a federal law called HIPAA — and because you never signed a piece of paper called a **HIPAA Authorization.** If you don’t have one, the people who love you most could be standing in a hospital hallway begging for information, and legally receiving nothing and nobody can make medical decisions for you. A federal law called the Health Insurance Portability and Accountability Act (HIPAA) of 1996 is a US federal law designed to protect sensitive patient health information from disclosure without consent. To learn more about your rights under HIPAA go to the Department of Health & Human Services [FAQ page](https://www.hhs.gov/hipaa/for-individuals/faq/index.html). ## **What Is HIPAA?** The Health Insurance Portability and Accountability Act — HIPAA — was enacted by Congress in 1996. One of its central purposes is protecting the privacy of your medical information. Under HIPAA, your doctors, hospitals, nurses, pharmacists, and insurance companies are generally prohibited from disclosing your health information to anyone without your authorization. That sounds reasonable. Until you are the one lying in a hospital bed and cannot speak for yourself. ## **The Dangerous Myth Most People Believe** Most people assume — completely incorrectly — that being married automatically gives your spouse access to your medical information. Or that being an adult child of a patient means the hospital will tell you what is going on. **Wrong. Dead wrong.** HIPAA does not recognize your marriage certificate as authorization. It does not care that you have been someone’s spouse for 40 years. It does not care that you are the person’s closest living relative. Without written authorization from the patient — signed before the crisis occurred — healthcare providers are under a legal obligation to say nothing. Hospitals and medical providers are not being heartless. They are being legally cautious. HIPAA violations carry significant penalties. Healthcare providers have learned that it is safer to say nothing than to risk a violation. The result? Your family could be standing at a nursing station, desperate for information about you, and the answer they receive is: *“We cannot confirm or deny anything.”* ## **Picture This — Because It Happens Every Day** Your 58-year-old husband collapses at work. An ambulance rushes him to the hospital. You race to the emergency room. Doctors are working on him behind closed doors. You approach the nurses’ station. You explain you are his wife. You ask what is happening. The nurse looks at you with genuine sympathy and says: *“I’m so sorry. I cannot share any medical information without patient authorization.”* You don’t have a HIPAA Authorization. He never signed one. You sit in that waiting room knowing nothing. For hours. Or consider this: Your 82-year-old mother lives alone. She suffers a stroke. A neighbor calls 911. You live across town. You call the hospital to find out her condition. They won’t tell you anything. You are her child. She is your mother. And legally, you are a stranger to her medical records. These are not hypothetical horror stories. **They happen in Arizona hospitals and medical facilities every single day.** ## **What a HIPAA Authorization Does** A properly executed HIPAA Authorization is a legal document in which you — while you are healthy and mentally competent — give your written permission for your healthcare providers to share your medical information with specific, named individuals. It is your instruction to the medical world that says: *“If I cannot speak for myself, these are the people I trust. Talk to them. Tell them what they need to know.”* A comprehensive HIPAA Authorization can cover: - All of your medical records, past and present - Your current diagnosis, treatment plans, and prognosis - Hospital admission and discharge information - Prescription and medication records - Mental health records (which carry even stricter privacy protections under Arizona law) - Substance use treatment records - Billing and insurance information Without it, each of these categories may be sealed from the people who need to know. ## **But I Have a Power of Attorney — Isn’t That Enough?** Many Arizonans believe that having a Durable Financial Power of Attorney or even a Healthcare Power of Attorney automatically solves this problem. It does not. A Healthcare Power of Attorney — called a Health Care Directive under Arizona law — authorizes someone to *make medical decisions* for you when you cannot make them yourself. That is critically important, and you should absolutely have one. But making decisions and *receiving information* are two different things under HIPAA. Even an agent named in a Healthcare Directive may find healthcare providers hesitant or outright unwilling to share detailed medical information without a separate, explicit HIPAA Authorization. And your financial Power of Attorney? It gives someone authority over your bank accounts and property. It gives them no medical information rights whatsoever. **You need all three documents: a Durable Financial Power of Attorney, a Health Care Directive, and a HIPAA Authorization.** Each one does something the others cannot. ## **What Happens Without One — The Real Risks** Let’s be specific about what is at stake: **Your family cannot coordinate your care.** If your children are trying to help manage your treatment and the hospital won’t tell them your diagnosis, medications, or doctor’s recommendations, they cannot help you. They cannot ask the right questions. They cannot catch errors. **Critical decisions get delayed.** Medical crises move fast. If your agent cannot get information quickly, decision-making gets delayed. Delays in medical emergencies can mean the difference between recovery and permanent injury — or death. **Your family may fracture under the stress.** Nothing creates conflict among family members faster than an information vacuum during a medical crisis. One person knows something, another doesn’t. Suspicions arise. Old tensions surface. The last thing your family needs during the worst moments of your life is to be fighting over information that a single document could have freely provided. **You may be treated as a stranger.** A devoted spouse of 50 years, barred from knowing their partner’s condition. An adult child who flew across the country in a panic, told to sit in a waiting room with no information. A sibling who has been their brother’s closest companion for decades — legally invisible. This is the world without a HIPAA Authorization. ## **Arizona-Specific Considerations** Arizona has its own state privacy laws that layer on top of HIPAA, including particularly strict protections for mental health records under the Arizona Revised Statutes. This means that even if you have a somewhat informal arrangement with your family about sharing medical information, Arizona healthcare providers will default to maximum protection — sharing nothing — when there is any doubt. Additionally, Arizona’s community property laws and marital rights do not override HIPAA. Your spouse has no automatic right to your medical information under federal privacy law, regardless of how Arizona law might treat marital assets. ## **Good News: It’s an Easy Problem to Fix** Here is the one genuinely good piece of news in all of this: **a HIPAA Authorization is straightforward to obtain, and there is no excuse not to have one.** It is not complicated. It does not require a court order. It does not require a difficult conversation — though it may prompt one. It simply requires that you sit down with an experienced Arizona estate planning attorney, identify the people you trust with your most private medical information, and sign a document while you are healthy enough to do so. The operative phrase is *while you are healthy enough.* Once you are unconscious in an ICU, the moment has passed. You cannot sign a HIPAA Authorization from a hospital bed if you are not competent to do so. You cannot fix this after the crisis begins. ## **Who Should Be Named in Your HIPAA Authorization?** This is a personal decision, but here are the most common choices among Arizona residents: - Your spouse or domestic partner - Your adult children — all of them, or selected ones - A sibling, parent, or close friend who serves as a backup - Your healthcare agent named in your Health Care Directive (even if it seems redundant, explicit authorization in both documents eliminates uncertainty) You can name multiple people. You can prioritize them. You can restrict what information each person receives if you choose. A skilled estate planning attorney can tailor the document to your specific family circumstances. ## **The Bottom Line** You have spent your entire life building relationships — a marriage, a family, friendships. You have trusted certain people with your deepest secrets, your fears, your hopes. You have trusted them with everything. And yet, without a HIPAA Authorization, a federal privacy law will treat those people as strangers to your medical life the moment you are most vulnerable. This is not a document you get around to someday. This is not something you put on a list and revisit next year. Because the day you need it is also the day it becomes too late to get it. **Get your HIPAA authorization today. Do not wait for the emergency that cannot be undone.** ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch thie [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). Our estate plan includes a HIPAA Authorization. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Top Revocable Living Trust Benefits & Advantages | KEYTLaw](https://www.keytlaw.com/revocable-living-trust-benefits/) **Published:** April 15, 2026 **Author:** Richard Keyt **Content:** # Revocable Living Trust: How It Works & Why You Need One By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![trust](https://www.keytlaw.com/wp-content/uploads/2026/04/trust-article-scaled.png "trust-article - KEYTLaw") ## Our 5-Star Reviews Excellent [KEYTLaw LLC](https://www.keytlaw.com/)4.9 [See all reviews](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Cindy S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My son passed away in AZ where he lived. I, his mother live in Savannah, GA. Not familiar with AZ law, I went to the Keyt Law offices in Phoenix. Richard Keyt Jr. was very welcoming and helpful from the start and all the way through Probate. Any questions that I had, he answered promptly and efficiently. I would highly recommend this Law firm. I am very pleased! Thank you Richard!!!!! [Divine Doors Assisted Living, L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My attorney Ricky with KEYTLaw has been so helpful through the process of starting my business. I am grateful to him and his staff for their timely assistance and for their expertise. [Mark B.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Laura H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have worked with Keyt law for many years, they’ve helped me form all of my LLCs, create my estate plan, and handle many other legal matters. Their staff is always friendly, responsive, and professional, making every process smooth and stress free. I highly recommend Keyt Law to anyone looking for knowledgeable attorneys who provide exceptional service. [Lucia W.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I first contacted Keyt Law firm when I was thinking about opening up my own nonprofit business. Everyone that I spoke to was very patient and knowledgeable in going through the steps necessary to make sure that I was comfortable in what I was endeavoring to do. Special thanks to Noah who was always available to answer my questions and guided me through all the steps. I am very confident in recommending Keyt Law Firm. [Greg M.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Noah is very helpful with a can do attitude. I wish the world had more like him. [montetackett](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Easy, affordable and accurate. [Valli Dawn H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard, Noah and the team at Keyt Law did a great job helping us with several estate and corporate planning goals we had. They were prompt, thorough, provided great communication and we will contact them again anytime we need updates or help. [Joseph Z.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Awesome services and great communication. Highly recommended! [Susan R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Twenty years ago I decided to start a non profit with no business experience and a vision of helping teens who were facing multiple challenges. I found Keyt Law online with free information for start ups like mine. I randomly called the office and Mr. Keyt answered the phone. I explained my mission and he spent the next hour taking me through the process. He never sent me a bill for his invaluable time. Keyt Law has been my statutory agent since then with a very small fee. Any time I have a question or problem they are there for me. The integrity of this law firm is a direct reflection of its Founder. I was blessed to have them by my side. Special thanks to Noah from accounting who helped me with my annual report! [Andrew K.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very efficient service. My experience is limited to the formation of two LLCs. They were handled very well and quickly. The price was also reasonable. [Jerry G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Used them to set up LLC and annual renewal. Seamless and easy to work with. [M.M. R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very glad to give 5 star rating to KeithLaw firm. We have established an IRA LLC from 13 years ago with assistance from this very client friendly law firm. I found them to be very reliable, courteous and easy to work with. I still talk to them from time to time for timely advice as needed. I very strongly recommend this friendly family friendly legal firm to any one in need of legal help particularly those from retired community. [Mary E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law Firm was great in helping us set up our LLC and keeping us informed when things need to be renewed. [Eric G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard’s expertise and guidance made a big difference for us and we would not have been able to do this without his knowledge. He was kind enough to “warn us” that our first 1023 application may not get IRS approval because it wasn’t mission driven enough. That caused us to completely reframe our entire concept and a complete redo of the form and it worked out so well that we actually got approval from the IRS two weeks after submitting our form 1023 along with an expedited request. Thank you so much Richard! [Justin G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very helpful with setting up business organizations. [Latrice J.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I absolutely appreciate this firm because they have assisted me With my nonprofit in terms of setting it up and assisting me with education via their website and much more. I would not be able to continue helping survivors and domestic violence without their support. [Kara E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard Keyt Jr. is one of the most knowledgeable and thorough attorneys I have worked with. We hired Richard to review trust, estate, and loan documents that had been prepared by another attorney. During his review, he identified a significant issue that could have resulted in approximately hundreds of thousands of dollars in unnecessary tax consequences. His analysis likely saved our family an enormous amount of money and gave us confidence that the documents were accomplishing what was actually intended. When revised documents were later prepared, Richard reviewed those as well and identified additional concerns that warranted further attention. His willingness to carefully review every detail and ask the difficult questions provided an extra level of protection that was invaluable. What sets Richard apart is his ability to explain highly complex trust, estate, and tax issues in a way that ordinary people can understand. He is approachable, patient, and easy to talk to. He can support his opinions with statutes and case law, yet he never comes across as arrogant or intimidating. When dealing with important family, trust, and estate matters, you need someone who is willing to look beyond the surface and identify problems before they become expensive mistakes. Richard did exactly that for us. His expertise, attention to detail, and commitment to protecting his clients’ interests gave us tremendous peace of mind. I recommend Richard Keyt Jr. without hesitation. If you are looking for an attorney who combines exceptional legal knowledge with practical, understandable advice, Richard is an excellent choice. [Jacqueline F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) They set up my LLC 5 years ago and have been taking great care of me ever since! [Josh F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Bela F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Excellent staff, professional, attentive and considerate [Wayne L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very easy to work with and responsive, will be using them again. [Ken E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have done several LLCs and other work with Keyt Law, and they are expert, fast, affordable and easy to work with. Richard is always super accessible on the phone and he always makes time to answer questions, discuss options and provide solutions. [Dar S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law establishment out LLC for us and were very knowledgeable and efficient. They are great about providing their customers with information they should know about and there is no pressure to upsell you further services. [Garratt P.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Exceptionally professional, informative, and easy to work with. Richard Keyt Jr. made the process seamless and informative. The Gold Package is worth every penny. You will also receive this beautiful leather bound book with all your documents. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## What Is a Revocable Living Trust — Why Every Arizona Family Needs One a You worked your entire life to build something worth leaving behind. A home. Savings. Maybe a business or rental property. You did it for your family — so they would be taken care of when you’re gone. Now ask yourself this: **Do you have a plan that actually protects them?** If your answer is “I have a will,” I need to tell you something most attorneys won’t say out loud: **a will alone is not a real estate plan.** A will guarantees one thing — that your family will end up in an Arizona probate court after you die, spending months or years and thousands of dollars just to get access to what you left them. There is a better way. It’s called a **revocable living trust**, and it is the cornerstone of every estate plan we create for Arizona families. ## **What Is a Revocable Living Trust?** A revocable living trust (also called a “revocable trust” or simply a “living trust”) is a legal document you create **during your lifetime** that holds your assets for your benefit while you’re alive — and then distributes them to your loved ones after you die, **completely outside of probate court.** Think of it like a private, legal container you build for everything you own. You put your house in it. Your bank accounts. Your investments. Your business interests. Everything you own goes inside the trust — and the trust has a set of instructions you wrote about exactly what happens to those things when you die or become incapacitated. You don’t lose control of anything. You don’t give anything away. You remain the trustee of your own trust, managing your assets exactly as you do today. You can change the trust at any time. You can revoke it entirely if you want to. That’s why it’s called *revocable* — because you’re in charge. **Without a valid Arizona living will, your end-of-life medical care will be decided by doctors, hospital ethics committees, and possibly a judge — not by you, and possibly not by the people you love and trust most.** ## **How Does a Revocable Living Trust Work?** Here’s a simple way to understand it: **You wear three hats when you create a revocable living trust. You are the:** 1. **Trustmaker, Grantor or Settlor** — You created the trust. It’s yours. 2. **Trustee** — You manage the trust and control everything in it, just like you do today. 3. **Beneficiary** — You are the current beneficiary who benefits from the trust while you’re alive. 4. **Future Beneficiaries** — The person or people you name in the trust to inherit your assets after you die. When you die, a trusted person you named — your **successor trustee** — steps in to manage trust assets for your future beneficiaries. They don’t have to go to a courthouse. They don’t have to hire a probate attorney. They don’t have to publish notices in a newspaper or wait for a judge’s approval. They simply follow the instructions you left inside the trust document and distribute your assets to your beneficiaries **privately, quickly, and without court involvement.** That’s the power of a revocable living trust. It works quietly, privately, and efficiently — exactly the opposite of probate. ## **What Happens If You Don’t Have a Trust? (This Should Worry You)** ### **The Probate Nightmare** If you die with only a will — or with no plan at all — your estate will go through **Arizona probate court.** Probate is a court-supervised legal process that validates your will (if you have one), inventories your assets, pays your debts, and eventually distributes what’s left to your heirs. Here’s what that actually means for your family: - **Time:** Probate in Arizona typically takes **5 to 12 months** — sometimes longer. Your family cannot access or distribute your assets until the court is done. - **Cost:** Probate costs money. Attorney fees, court filing fees, executor fees, and other administrative costs can easily consume **3% to 7% of your estate’s value.** On a $500,000 estate, that’s up to $35,000 gone — money that should have gone to your children or spouse. - **Public exposure:** Every document filed in probate court is a **public record.** Anyone — your nosy neighbor, a distant relative you’ve never met, a predatory creditor — can walk into that courthouse and read your will, see what you owned, and find out who got it. - **Family conflict:** The stress of probate can tear families apart. When the court is in charge, disputes arise. Estranged relatives show up. Creditors make claims. Relationships that survived your death may not survive your probate. - **The “wrong” state:** If you own real estate in more than one state, your family may face **multiple probate proceedings** — one in Arizona and one (or more) in every other state where you own property. Each one takes time and money. ### **The “I’ll Just Add Them to the Deed” Mistake** Some people think they can skip the trust by simply adding their adult children to the title of their home as joint tenants. This feels smart. It isn’t. When you add someone to the deed of your home, you’ve just made a **gift** of a partial interest in your property — and you can’t take it back without their cooperation. More importantly, you’ve just exposed your home to **your child’s creditors, their divorcing spouse, and their potential bankruptcy.** If your son gets sued and loses a judgment against him, his creditor may be able to go after his interest in your house — the house you’re still living in. Joint tenancy is not estate planning. It is a trap. ### **The “Beneficiary Designation” Illusion** Naming beneficiaries on your IRA, 401(k), or life insurance policy is important — but it is **not a substitute for a complete estate plan.** Here’s what most people don’t know: if you name a child directly as the beneficiary of your IRA, and that child is going through a divorce when you die, their inheritance may become part of the divorce proceeding. If they have a creditor judgment against them, that inheritance could be seized. If they file for bankruptcy, it could be lost in the bankruptcy estate. A properly designed estate plan — with an **irrevocable asset-protected trust** built inside the revocable living trust for each beneficiary — shields your children’s inheritance from your future beneficiaries’ creditors, ex-spouses and bankruptcy. This is an optional provision we build into estate plan when our client pays for this option. ## **What a Revocable Living Trust Does & Doesn’t Do** ### **What It Does:** ✅ **Avoids probate** — Your estate passes to your beneficiaries without going through a probate court. ✅ **Keeps your affairs private** — A trust is a private document. Unlike a will filed in probate court, no one reads your trust unless you choose to share it. ✅ **Works in multiple states** — Your Arizona trust can hold real estate you own in California, Colorado, or anywhere else, avoiding ancillary probate in those states. ✅ **Protects you during incapacity** — If you become unable to manage your own affairs due to illness, accident, or cognitive decline, your successor trustee can step in immediately and manage your assets for your benefit — without a court-supervised guardianship or conservatorship. Those proceedings are expensive, public, and humiliating. A trust eliminates that risk. ✅ **Controls distribution to your heirs** — You decide not just *who* gets your assets, but *when* and *how*. You can instruct the trustee to hold a grandchild’s inheritance until age 25, or release it in stages. You can provide for a special-needs family member without disqualifying them from government benefits. ✅ **Protects beneficiaries from themselves and others** — If you purchase an irrevocable asset-protected trust for each beneficiary, their inheritance is shielded from creditors, ex-spouses, lawsuits, and bankruptcy courts — for the rest of their lives. ### **What It Doesn’t Do:** ❌ A revocable living trust does **not** reduce your income taxes while you’re alive — you report all income from trust assets on your personal return, exactly as before. ❌ It does **not** protect your assets from your own creditors during your lifetime — because you retain full control, your creditors can still reach trust assets. ❌ It is **not** a substitute for your other essential documents — you still need a healthcare power of attorney, financial power of attorney, living will, and HIPAA authorization. (Every estate plan we prepare includes all of these documents.) ## **The KEYTLaw Estate Plan: Everything You Need, Nothing You Don’t** When you hire me to prepare your estate plan, we don’t hand you a single document and call it done. Every KEYTLaw estate plan is a complete, coordinated system. Here is exactly what you receive: 1. **Revocable Living Trust** — the heart of your plan; keeps your estate out of probate 2. **Certification of Trust** — a summary document you show to banks and title companies without disclosing your entire trust 3. **Healthcare Power of Attorney** — names someone to make medical decisions for you if you cannot 4. **HIPAA Authorization** — allows your named person to receive your protected health information from doctors and hospitals 5. **Financial Power of Attorney** — authorizes someone to manage your finances if you become incapacitated 6. **Living Will (Advance Healthcare Directive)** — documents your end-of-life wishes so your family doesn’t have to guess — or fight 7. **Deed transferring your home to the trust** — a trust without your home in it is like a safe with the gold left on the floor 8. **Designation of Guardian for Minor Children** — names who will raise your children if you cannot 9. **Assignment of Personal Property to the Trust** — transfers personal belongings (furniture, jewelry, collectibles) into the trust 10. **Personal Property Memorandum** — a flexible document you can update at any time — without changing your trust — to direct specific personal items to specific people This is a complete estate plan. Not a shortcut. Not a form. A real, customized legal plan built around your life, your family, and your goals. See our fee and the [36 documents & services](https://www.keytlaw.com/ep-contents) in our custom estate plan with a revocable living trust. ## **Real Scenarios Where a Trust Makes All the Difference** ### **Scenario 1: The Arizona Homeowner With No Trust** Maria owns a home in Scottsdale worth $750,000. She has a will that leaves everything to her two adult children. When she dies, her children take the will to an Arizona probate attorney. The probate process takes 14 months. By the time it’s over, attorney fees, court costs, and executor compensation have consumed nearly $40,000. Her children finally receive the house — fourteen months later than they should have, and $40,000 poorer than they should be. A revocable living trust would have cost a fraction of that and avoided every bit of the delay and expense. ### **Scenario 2: The Parent Who Didn’t Plan for Incapacity** James is 71 years old and has a stroke. He is alive but no longer able to manage his finances. He has no trust and no financial power of attorney. His adult daughter must petition the Arizona Superior Court to become his legal conservator — a proceeding that costs thousands of dollars, requires ongoing court reporting, and strips James of his dignity. His assets are frozen during the proceeding. With a revocable living trust and a financial power of attorney, his daughter could have stepped in the same day — no court, no delay, no public spectacle. ## **“But I’m Not Rich Enough to Need a Trust.”** This is the most common misconception we encounter. You don’t need to be wealthy to need a revocable living trust. You need one if you **own a home in Arizona** — because a home is almost always worth enough to trigger the full probate process. You need one if you have **children** — because you want to name their guardian and protect their inheritance. You need one if you have an **IRA or 401(k)** — because you want to control how and when those funds are distributed. You need one if you’ve been **married more than once** — because blended families are probate disasters waiting to happen. You don’t need a mansion and a yacht to deserve a real estate plan with a revocable living trust. You just need to love someone. ## **“Can’t I Just Use an Online Will or Trust Service?”** You can. But I would ask you this: would you use an online service to diagnose a serious medical condition? Would you file your own patent application? Would you represent yourself in a lawsuit? A revocable living trust is a legal document. Done correctly, it will protect your family during one of the most difficult moments of their lives. Done incorrectly — with the wrong language, missing provisions, or assets never transferred in — it can fail completely. An unfunded trust (one where your home and assets were never transferred into it) offers exactly zero protection from probate. We know what works, what fails, and what courts do to DIY documents. The peace of mind that comes from knowing your plan is real, complete, and correctly executed is worth far more than you think. ## **What Does It Cost?** We believe every Arizona family deserves a proper estate plan, and work hard to keep our fees fair and accessible. The cost of a complete KEYTLaw estate plan is almost always a fraction of what your family will spend on probate if you die without one. **[Book a free office, phone, or Zoom consultation to discuss your situation and get exact pricing.](https://www.keytlaw.com/calendar)** There is no obligation. No pressure. Just a conversation about where you are, where you want to be, and what it takes to get there. ## **The One Question You Need to Answer** You can close this article and move on with your day. Or you can ask yourself one honest question: **If you died today, what would happen to your loved ones?** Would your spouse know where all your assets are and how to access them? Would your children have to hire a probate attorney and wait a year for what’s already theirs? Would your loved onens’ inheritance be exposed to their creditors, ex-spouses and bankruptcy? Would anyone know who you chose to raise your minor children? If those questions make you uncomfortable — good. That discomfort is your instinct telling you that the people you love deserve a real plan, not a wish. We can help you build your custom estate plan. ## **Take the Next Step** **📅 Book your free consultation — office, phone, or Zoom:** **🌐 Learn more about Arizona estate planning:** *We serve clients in Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Chandler, Glendale, Peoria, Goodyear, Queen Creek, and throughout Arizona.* ***“We want to help you protect your most valuable assets — your loved ones.”*** ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch thie [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). Our estate plan includes a Living Will. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [How to Name a Guardian for Minor Children in AZ | KEYTLaw](https://www.keytlaw.com/arizona-naming-guardian-minor-children/) **Published:** April 18, 2026 **Author:** Richard Keyt **Content:** # Guide to Naming a Guardian of Minor Children [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![guardian](https://www.keytlaw.com/wp-content/uploads/2026/04/guardian-scaled.png "guardian - KEYTLaw") ## Our 5-Star Reviews Excellent [KEYTLaw LLC](https://www.keytlaw.com/)4.9 [See all reviews](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Cindy S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My son passed away in AZ where he lived. I, his mother live in Savannah, GA. Not familiar with AZ law, I went to the Keyt Law offices in Phoenix. Richard Keyt Jr. was very welcoming and helpful from the start and all the way through Probate. Any questions that I had, he answered promptly and efficiently. I would highly recommend this Law firm. I am very pleased! Thank you Richard!!!!! [Divine Doors Assisted Living, L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My attorney Ricky with KEYTLaw has been so helpful through the process of starting my business. I am grateful to him and his staff for their timely assistance and for their expertise. [Mark B.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Laura H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have worked with Keyt law for many years, they’ve helped me form all of my LLCs, create my estate plan, and handle many other legal matters. Their staff is always friendly, responsive, and professional, making every process smooth and stress free. I highly recommend Keyt Law to anyone looking for knowledgeable attorneys who provide exceptional service. [Lucia W.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I first contacted Keyt Law firm when I was thinking about opening up my own nonprofit business. Everyone that I spoke to was very patient and knowledgeable in going through the steps necessary to make sure that I was comfortable in what I was endeavoring to do. Special thanks to Noah who was always available to answer my questions and guided me through all the steps. I am very confident in recommending Keyt Law Firm. [Greg M.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Noah is very helpful with a can do attitude. I wish the world had more like him. [montetackett](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Easy, affordable and accurate. [Valli Dawn H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard, Noah and the team at Keyt Law did a great job helping us with several estate and corporate planning goals we had. They were prompt, thorough, provided great communication and we will contact them again anytime we need updates or help. [Joseph Z.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Awesome services and great communication. Highly recommended! [Susan R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Twenty years ago I decided to start a non profit with no business experience and a vision of helping teens who were facing multiple challenges. I found Keyt Law online with free information for start ups like mine. I randomly called the office and Mr. Keyt answered the phone. I explained my mission and he spent the next hour taking me through the process. He never sent me a bill for his invaluable time. Keyt Law has been my statutory agent since then with a very small fee. Any time I have a question or problem they are there for me. The integrity of this law firm is a direct reflection of its Founder. I was blessed to have them by my side. Special thanks to Noah from accounting who helped me with my annual report! [Andrew K.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very efficient service. My experience is limited to the formation of two LLCs. They were handled very well and quickly. The price was also reasonable. [Jerry G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Used them to set up LLC and annual renewal. Seamless and easy to work with. [M.M. R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very glad to give 5 star rating to KeithLaw firm. We have established an IRA LLC from 13 years ago with assistance from this very client friendly law firm. I found them to be very reliable, courteous and easy to work with. I still talk to them from time to time for timely advice as needed. I very strongly recommend this friendly family friendly legal firm to any one in need of legal help particularly those from retired community. [Mary E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law Firm was great in helping us set up our LLC and keeping us informed when things need to be renewed. [Eric G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard’s expertise and guidance made a big difference for us and we would not have been able to do this without his knowledge. He was kind enough to “warn us” that our first 1023 application may not get IRS approval because it wasn’t mission driven enough. That caused us to completely reframe our entire concept and a complete redo of the form and it worked out so well that we actually got approval from the IRS two weeks after submitting our form 1023 along with an expedited request. Thank you so much Richard! [Justin G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very helpful with setting up business organizations. [Latrice J.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I absolutely appreciate this firm because they have assisted me With my nonprofit in terms of setting it up and assisting me with education via their website and much more. I would not be able to continue helping survivors and domestic violence without their support. [Kara E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard Keyt Jr. is one of the most knowledgeable and thorough attorneys I have worked with. We hired Richard to review trust, estate, and loan documents that had been prepared by another attorney. During his review, he identified a significant issue that could have resulted in approximately hundreds of thousands of dollars in unnecessary tax consequences. His analysis likely saved our family an enormous amount of money and gave us confidence that the documents were accomplishing what was actually intended. When revised documents were later prepared, Richard reviewed those as well and identified additional concerns that warranted further attention. His willingness to carefully review every detail and ask the difficult questions provided an extra level of protection that was invaluable. What sets Richard apart is his ability to explain highly complex trust, estate, and tax issues in a way that ordinary people can understand. He is approachable, patient, and easy to talk to. He can support his opinions with statutes and case law, yet he never comes across as arrogant or intimidating. When dealing with important family, trust, and estate matters, you need someone who is willing to look beyond the surface and identify problems before they become expensive mistakes. Richard did exactly that for us. His expertise, attention to detail, and commitment to protecting his clients’ interests gave us tremendous peace of mind. I recommend Richard Keyt Jr. without hesitation. If you are looking for an attorney who combines exceptional legal knowledge with practical, understandable advice, Richard is an excellent choice. [Jacqueline F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) They set up my LLC 5 years ago and have been taking great care of me ever since! [Josh F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Bela F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Excellent staff, professional, attentive and considerate [Wayne L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very easy to work with and responsive, will be using them again. [Ken E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have done several LLCs and other work with Keyt Law, and they are expert, fast, affordable and easy to work with. Richard is always super accessible on the phone and he always makes time to answer questions, discuss options and provide solutions. [Dar S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law establishment out LLC for us and were very knowledgeable and efficient. They are great about providing their customers with information they should know about and there is no pressure to upsell you further services. [Garratt P.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Exceptionally professional, informative, and easy to work with. Richard Keyt Jr. made the process seamless and informative. The Gold Package is worth every penny. You will also receive this beautiful leather bound book with all your documents. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) If you have minor children and you don’t have a will that names a guardian for them, you have left one of the most important decisions of your life entirely in the hands of a judge who has never met you, your children, or your family. That is a risk no Arizona parent should take. This article explains exactly how Arizona law works when it comes to naming a guardian for your minor children, what happens if you die without naming one, and why a proper estate plan — not just a will — is the right way to protect your family. ## Arizona Parent’s Guide to Naming Guardians in a Last Will & Testament ## **What Is a Guardian of a Minor Child?** A guardian is the person who steps in to care for your child if both parents die or are legally unable to act as parents. The guardian has the legal authority to make decisions about your child’s health, education, and day-to-day life — everything you do as a parent right now. This is different from a trustee, who manages the money you leave for your child. A guardian raises your child. A trustee manages the inheritance. Both roles matter, and both should be named in your estate plan. ## **What Happens in Arizona If You Die Without Naming a Guardian?** If you die without naming a guardian for your minor children, a judge decides who raises them. That decision may not reflect your wishes, your values, or your family’s best interests. Here is what actually unfolds in Arizona when both parents die and there is no guardian named in a will: ## **1. The Court Opens a Guardianship Proceeding** Arizona’s probate court takes jurisdiction over your minor children. Anyone — a grandparent, a sibling, an aunt or uncle, even a family friend — can petition the court to be appointed as guardian. If multiple people want to raise your children, the result can be a painful, expensive legal fight within your own family at the worst possible time. ## **2. A Judge Applies a Legal Standard, Not Your Wishes** The court applies a “best interests of the child” standard. That sounds reasonable, but the judge has no idea what you would have wanted, what your values are, what your faith is, or who you trusted most to love your children the way you did. Without a written nomination from you, the judge is guessing. ## **3. Your Children May Be Placed Temporarily With Strangers** While the court sorts things out — and court proceedings take time — your children may be placed in temporary care. That transition can be traumatic for children who have just lost their parents. Naming a guardian in advance means the people you trust can step in quickly, minimizing disruption for your kids. ## **4. Your Children Have No Say Until Age 14** Under Arizona law, a minor who is at least 14 years old can file a written objection with the court to block or end a guardian appointment. Children younger than 14 have no formal say at all. The time to protect them is now, while you are here to make that decision. ## **How Arizona Law Lets You Name a Guardian: A.R.S. § 14-5202** Under Arizona law, a parent may appoint a guardian for an unmarried minor child in a Last Will and Testament. This is called a testamentary appointment of a guardian, and it is the primary legal tool available to Arizona parents who want to control who raises their children. Here are the four key things you need to understand about how this works: ## **Triggering Events: When Does the Appointment Take Effect?** The appointment only becomes effective if both parents are deceased or if the surviving parent has been adjudged incapacitated by a court. As long as one parent is alive and legally able to act, they continue to have parental rights. The guardian nomination kicks in only when it is truly needed. ## **Priority of Nominations: What If Both Parents Named Different Guardians?** If both parents had wills naming different guardians, Arizona law gives priority to the appointment made by the parent who died last. This is a good reason for both parents to agree on a guardian and name the same person in their respective estate plans. ## **Effective Date: Is the Appointment Automatic After Death?** No. The appointment does not happen automatically. It becomes effective when the named guardian files a written acceptance with the court where the will is probated. This is another reason your chosen guardian should know about their nomination in advance and be willing to serve. ## **Right to Object: Can the Child Refuse? (A.R.S. § 14-5203)** Yes — but only if the child is 14 or older. Under A.R.S. § 14-5203, a minor who is at least 14 years of age may prevent an appointment or cause it to terminate by filing a written objection with the court. This gives older teenagers a meaningful voice in the process. ## **A Will Names a Guardian — But a Will Alone Is Not Enough** A Last Will and Testament names the guardian of minor children, but it still must go through Arizona probate court before it has any legal effect. A will alone does not avoid probate — and probate takes time, costs money, and delays the care and support your children need. At KEYTLaw, we believe that the cornerstone of proper Arizona estate planning is a revocable living trust — not a will standing alone. A revocable living trust allows your estate to pass to your beneficiaries without going through probate court, which means faster access to funds, lower costs, and greater privacy for your family. A complete KEYTLaw estate plan includes both a trust and a will, so your guardian nomination is legally documented and your assets transfer efficiently to the people and structures you have designated. ## **What a Complete KEYTLaw Estate Plan Includes** Every KEYTLaw estate plan is designed to give your family comprehensive protection. Here is exactly what is included in every plan we prepare: 1. Revocable Living Trust 2. Certification of Trust 3. Healthcare Power of Attorney 4. HIPAA Authorization 5. Financial Power of Attorney 6. Living Will (Advance Directive) 7. Deed to Transfer Your Home to the Trust 8. Designation of Guardian for Minor Children 9. Assignment of Personal Property to the Trust 10. Personal Property Memorandum The Designation of Guardian for Minor Children is a standalone document included in every estate plan that formally records your guardian nomination — separate from, and in addition to, the nomination in your will. We leave nothing to chance. We also recommend that your children’s inheritance be protected by an irrevocable asset-protected trust inside the estate plan. This shields whatever you leave your children from creditors, future ex-spouses, and bankruptcy courts. You worked hard to build something worth leaving behind. Let’s make sure it actually stays with the people you love. ## **Choosing the Right Guardian: Practical Guidance** The legal mechanics matter, but choosing the right guardian is deeply personal. Here are a few things to think about: ## **Share Your Values, Not Just Your Assets** Choose someone who will raise your children in alignment with your values — your faith, your parenting philosophy, your hopes for who your children will become. The most financially stable candidate is not always the right choice if they don’t share what matters most to you. ## **Consider the Practical Realities** Would your chosen guardian have the capacity to add your children to their family? Do they live close enough to minimize disruption to your children’s schools and friendships? Are they healthy enough to take on the responsibility? These are hard questions, but they are the right ones to ask. ## **Talk to Your Nominee in Advance** Never surprise someone with this responsibility. Have the conversation. Make sure they are willing to serve and understand what you would want for your children. Your guardian should also know where your will and trust documents are located. ## **Name an Alternate Guardian** Life changes. The person you name today may predecease you, become incapacitated, or simply not be in a position to serve when the time comes. Always name a primary guardian and at least one alternate. ## **Don’t Leave This Decision to a Judge** Your children deserve to be raised by someone you chose — not someone a court assigns. The good news is that naming a guardian is straightforward when it is part of a properly prepared estate plan. Estate planning attorneys Richard Keyt and his son Richard C. Keyt help Arizona families protect what matters most since 1979. Every KEYTLaw estate plan is custom-prepared and includes a complete designation of Guardian for Minor Children so your wishes are documented, legally sound, and ready if they are ever needed. Book a free office, phone, or Zoom consultation at [**keytlaw.com/calendar**](https://www.keytlaw.com/calendar) — or learn more about Arizona estate planning at [**keytlaw.com**](https://www.keytlaw.com/arizona-wills-trusts-articles/). This article is for general educational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a licensed Arizona attorney. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch this [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). Our estate plan includes a Last Will & Testament that names guardians. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Funding a Living Trust: Real Estate, LLCs & More](https://www.keytlaw.com/how-to-fund-revocable-living-trust-guide/) **Published:** April 16, 2026 **Author:** Richard Keyt **Content:** ## How to Move Real Estate, LLCs, Investment & Bank Accounts into Your Trust By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![trust-funding](https://www.keytlaw.com/wp-content/uploads/2026/04/trust-funding-scaled.png "trust-funding - KEYTLaw") ## Our 5-Star Reviews Excellent [KEYTLaw LLC](https://www.keytlaw.com/)4.9 [See all reviews](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Cindy S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My son passed away in AZ where he lived. I, his mother live in Savannah, GA. Not familiar with AZ law, I went to the Keyt Law offices in Phoenix. Richard Keyt Jr. was very welcoming and helpful from the start and all the way through Probate. Any questions that I had, he answered promptly and efficiently. I would highly recommend this Law firm. I am very pleased! Thank you Richard!!!!! [Divine Doors Assisted Living, L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My attorney Ricky with KEYTLaw has been so helpful through the process of starting my business. I am grateful to him and his staff for their timely assistance and for their expertise. [Mark B.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Laura H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have worked with Keyt law for many years, they’ve helped me form all of my LLCs, create my estate plan, and handle many other legal matters. Their staff is always friendly, responsive, and professional, making every process smooth and stress free. I highly recommend Keyt Law to anyone looking for knowledgeable attorneys who provide exceptional service. [Lucia W.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I first contacted Keyt Law firm when I was thinking about opening up my own nonprofit business. Everyone that I spoke to was very patient and knowledgeable in going through the steps necessary to make sure that I was comfortable in what I was endeavoring to do. Special thanks to Noah who was always available to answer my questions and guided me through all the steps. I am very confident in recommending Keyt Law Firm. [Greg M.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Noah is very helpful with a can do attitude. I wish the world had more like him. [montetackett](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Easy, affordable and accurate. [Valli Dawn H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard, Noah and the team at Keyt Law did a great job helping us with several estate and corporate planning goals we had. They were prompt, thorough, provided great communication and we will contact them again anytime we need updates or help. [Joseph Z.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Awesome services and great communication. Highly recommended! [Susan R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Twenty years ago I decided to start a non profit with no business experience and a vision of helping teens who were facing multiple challenges. I found Keyt Law online with free information for start ups like mine. I randomly called the office and Mr. Keyt answered the phone. I explained my mission and he spent the next hour taking me through the process. He never sent me a bill for his invaluable time. Keyt Law has been my statutory agent since then with a very small fee. Any time I have a question or problem they are there for me. The integrity of this law firm is a direct reflection of its Founder. I was blessed to have them by my side. Special thanks to Noah from accounting who helped me with my annual report! [Andrew K.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very efficient service. My experience is limited to the formation of two LLCs. They were handled very well and quickly. The price was also reasonable. [Jerry G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Used them to set up LLC and annual renewal. Seamless and easy to work with. [M.M. R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very glad to give 5 star rating to KeithLaw firm. We have established an IRA LLC from 13 years ago with assistance from this very client friendly law firm. I found them to be very reliable, courteous and easy to work with. I still talk to them from time to time for timely advice as needed. I very strongly recommend this friendly family friendly legal firm to any one in need of legal help particularly those from retired community. [Mary E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law Firm was great in helping us set up our LLC and keeping us informed when things need to be renewed. [Eric G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard’s expertise and guidance made a big difference for us and we would not have been able to do this without his knowledge. He was kind enough to “warn us” that our first 1023 application may not get IRS approval because it wasn’t mission driven enough. That caused us to completely reframe our entire concept and a complete redo of the form and it worked out so well that we actually got approval from the IRS two weeks after submitting our form 1023 along with an expedited request. Thank you so much Richard! [Justin G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very helpful with setting up business organizations. [Latrice J.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I absolutely appreciate this firm because they have assisted me With my nonprofit in terms of setting it up and assisting me with education via their website and much more. I would not be able to continue helping survivors and domestic violence without their support. [Kara E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard Keyt Jr. is one of the most knowledgeable and thorough attorneys I have worked with. We hired Richard to review trust, estate, and loan documents that had been prepared by another attorney. During his review, he identified a significant issue that could have resulted in approximately hundreds of thousands of dollars in unnecessary tax consequences. His analysis likely saved our family an enormous amount of money and gave us confidence that the documents were accomplishing what was actually intended. When revised documents were later prepared, Richard reviewed those as well and identified additional concerns that warranted further attention. His willingness to carefully review every detail and ask the difficult questions provided an extra level of protection that was invaluable. What sets Richard apart is his ability to explain highly complex trust, estate, and tax issues in a way that ordinary people can understand. He is approachable, patient, and easy to talk to. He can support his opinions with statutes and case law, yet he never comes across as arrogant or intimidating. When dealing with important family, trust, and estate matters, you need someone who is willing to look beyond the surface and identify problems before they become expensive mistakes. Richard did exactly that for us. His expertise, attention to detail, and commitment to protecting his clients’ interests gave us tremendous peace of mind. I recommend Richard Keyt Jr. without hesitation. If you are looking for an attorney who combines exceptional legal knowledge with practical, understandable advice, Richard is an excellent choice. [Jacqueline F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) They set up my LLC 5 years ago and have been taking great care of me ever since! [Josh F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Bela F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Excellent staff, professional, attentive and considerate [Wayne L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very easy to work with and responsive, will be using them again. [Ken E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have done several LLCs and other work with Keyt Law, and they are expert, fast, affordable and easy to work with. Richard is always super accessible on the phone and he always makes time to answer questions, discuss options and provide solutions. [Dar S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law establishment out LLC for us and were very knowledgeable and efficient. They are great about providing their customers with information they should know about and there is no pressure to upsell you further services. [Garratt P.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Exceptionally professional, informative, and easy to work with. Richard Keyt Jr. made the process seamless and informative. The Gold Package is worth every penny. You will also receive this beautiful leather bound book with all your documents. You Signed Your Trust — Now Fund It | KEYTLawKEYTLaw "I want to help you protect your most valuable assets — your loved ones." 🗓️ Book a free consultation — office, phone, or Zoom: [keytlaw.com/calendar](https://www.keytlaw.com/calendar) Arizona Estate Planning · Trust Funding Guide# You Signed Your Trust. *Now Fund It.* Your revocable living trust only protects what you put inside it. Here is exactly how to transfer every type of asset — so your family never sees the inside of a probate courtroom. By Richard Keyt, Arizona Estate Planning Attorney · KEYTLaw, LLC · Since 1979 A revocable living trust is one of the most powerful tools in Arizona estate planning — but only if you actually put your assets into it. A trust that holds nothing avoids nothing. Signing the trust document is step one. Funding the trust is step two. Skip step two and your loved ones may still end up in probate court. ### What This Guide Covers 1. [Why Funding Your Trust Is Not Optional](#why-funding-matters) 2. [Your Arizona Home — Beneficiary Deed or Special Warranty Deed](#home) 3. [Other Real Estate You Own](#real-estate) 4. [Your LLC Membership Interests](#llc) 5. [Stock in Corporations](#stock) 6. [Bank Accounts](#bank) 7. [Investment & Brokerage Accounts](#investment) 8. [Promissory Notes Payable to You](#notes) 9. [Life Insurance — Change Your Beneficiary](#life-insurance) ## Why Funding Your Trust Is Not Optional When you signed your revocable living trust, you created a legal entity that can own assets — but it does not own anything automatically. To avoid probate, each asset must be *transferred into the trust* during your lifetime. This process is called "funding" the trust. Probate is the court-supervised process of transferring a deceased person's assets to their heirs. It is public, slow, expensive, and entirely avoidable — but only if your assets are properly titled in your trust before you die. A trust that is never funded is, for practical purposes, a worthless stack of paper. **The rule is simple:** If an asset is titled in your name alone when you die, it will likely have to go through probate — even if you have a trust. The goal of funding is to retitle every asset you own from **"Your Name"** to **"Your Name and Your Spouse's Name, Trustees of the \[Your Name\] Revocable Living Trust dated \[Date\]."** Arizona law does not require all assets to go through probate. Small estates may qualify for simplified procedures. But why leave it to chance — or to your grieving family to sort out? Proper trust funding is the clean, certain solution. Let's go through each major asset category and exactly how to transfer it. ## 1. Your Arizona Home — Beneficiary Deed or Special Warranty Deed Your personal residence is often your most valuable asset and, for most Arizona families, the primary reason they create a trust in the first place. There are two common ways to transfer your home to your trust. ### Option A: Arizona Beneficiary Deed An Arizona beneficiary deed — authorized under A.R.S. § 33-405 — is a deed that names your trust as the beneficiary who will receive your home *automatically upon your death*, without probate and without changing current ownership during your lifetime. You continue to own the home outright, can sell or refinance it, and can revoke or change the beneficiary deed at any time simply by recording a new one. #### How to Transfer Your Home with a Beneficiary Deed - An attorney prepares the Arizona Beneficiary Deed naming your revocable living trust as beneficiary. - You sign the deed before a notary public. - The deed is **recorded with the County Recorder** in the county where the home is located while you are still alive. A beneficiary deed that is not recorded before death has no legal effect. - Upon your death, your trustee records an affidavit of death and the property transfers to the trust — no probate needed. ### Option B: Special Warranty Deed to Your Trust Alternatively, you can transfer your home directly into the trust right now using a special warranty deed. This retitles the home immediately from your individual name to your trust as the owner. #### How to Transfer Your Home with a Special Warranty Deed - An attorney prepares a Special Warranty Deed transferring the property from you to yourself as trustee: *"\[Your Name\], Trustee of the \[Trust Name\] dated \[Date\]."* - You sign the deed before a notary public. - The deed is recorded with the County Recorder in the county where the property is located. - Your homeowner's insurance policy should be updated to reflect the trust as the insured. - If you have a mortgage, federal law (the Garn-St. Germain Act) generally protects transfers to a revocable living trust from triggering a due-on-sale clause — but confirm with your lender. **Important:** Arizona property tax exemptions (such as the owner-occupied credit) are generally not affected by a transfer to your own revocable trust, but confirm with your county assessor. KEYTLaw includes a deed to transfer your home as part of every estate plan we prepare. ## 2. Other Real Estate You Own The same process used for your home applies to every other parcel of real estate you own — rental properties, vacant land, commercial property, second homes, or investment real estate anywhere in Arizona. For **Arizona real estate**, prepare, sign, notarize, and record a deed transferring each property from your name to yourself as trustee of your trust. A Special Warranty Deed or a Quit Claim Deed is typically used. For **real estate located in another state**, you will need a deed that complies with that state's laws. An attorney licensed in that state — or an Arizona attorney working with local counsel — can prepare the appropriate deed. Each out-of-state property must be transferred under the law of the state where it is located. #### Checklist for Each Parcel of Real Estate - Prepare a deed from you (individually) to you as trustee of your trust. - Sign and notarize the deed. - Record it with the County Recorder where the property is located. - Update your property and liability insurance to name the trust as the insured. - If the property is in an LLC (which is ideal for liability protection), see Section 3 below. ## 3. Your Membership Interests in Limited Liability Companies If you own an interest in one or more Arizona limited liability companies — whether a single-member LLC, a family LLC, or a multi-member business LLC — your membership interest is personal property that can, and should, be transferred to your trust. Owning real estate inside an LLC for liability protection is excellent planning. But if your LLC membership interest is still in your individual name when you die, that interest may be subject to probate. Transfer the membership interest to your trust, and your trustee can step in seamlessly, without court involvement. #### How to Transfer LLC Membership Interests to Your Trust - **Review the LLC Operating Agreement** first. Many operating agreements require the consent of other members before a membership interest can be transferred. If yours does, obtain the required consents in writing. - **Prepare an Assignment of Membership Interest** — a written document transferring your LLC membership interest from you individually to you as trustee of your trust. - **Execute the Assignment** by signing it (and having any required parties sign as well). - **Amend the LLC's records** — update the membership ledger or register to reflect that the trust (not you individually) is now the member. - If the LLC has a written Operating Agreement, consider amending it to reflect the new member name. - For **single-member LLCs**, the process is simpler because your consent is the only one needed. **A note on multi-member LLCs:** When only your membership interest transfers to your trust — and not other members' interests — the LLC itself is unaffected. The trust simply steps into your shoes as the member. Business operations continue normally. ## 4. Stock in Corporations If you own shares in a closely held corporation — an Arizona corporation, an S corporation, or any other incorporated business — those shares are personal property that can be transferred to your trust. **S Corporations — Critical Warning:** A revocable living trust can be a qualified S corporation shareholder during your lifetime and, typically, for a period after your death. However, certain irrevocable trusts *cannot* hold S corporation stock. If you own S corporation shares, consult with an attorney before transferring them to any trust to ensure the S election is not accidentally terminated. #### How to Transfer Corporate Stock to Your Trust - **Review the Shareholders' Agreement or corporate bylaws** for any restrictions on transfer. Obtain required consents if necessary. - **If the corporation has issued paper stock certificates:** Endorse the certificate on the back (or using a separate stock power) transferring the shares to "\[Your Name\], Trustee of the \[Trust Name\]." Deliver the endorsed certificate to the corporation's secretary or transfer agent for reissuance. - **If the shares are held electronically** (book-entry): Contact the corporation's transfer agent and request a re-registration of shares into the trust's name. - Ensure the corporation's stock ledger is updated to reflect the trust as the shareholder of record. ## 5. Bank Accounts Bank accounts — checking, savings, money market, and certificates of deposit — held in your individual name alone are probate assets. There are two ways to keep them out of probate: (1) retitle them in the name of your trust, or (2) designate your trust as the "payable-on-death" (POD) beneficiary. ### Option A: Retitle the Account in the Name of Your Trust This is the cleanest method. The account is owned by your trust, and your trustee can access it immediately after your death without any court proceeding. ### Option B: Name the Trust as the POD Beneficiary Many banks allow you to add a payable-on-death designation to an existing account without changing the account title. At your death, the account passes directly to your trust (and therefore to your beneficiaries) without probate. #### How to Transfer Bank Accounts - Visit your bank or credit union in person. Bring a copy of your Certification of Trust (a short summary of your trust that proves its existence without disclosing all the private details). - Ask to either: (a) open a new account titled in the name of your trust and transfer the funds, or (b) re-register the existing account in the name of your trust. - Alternatively, ask to add your trust as the POD beneficiary on the account. - Repeat this process at every financial institution where you have accounts. - Keep at least one small checking account in your individual name if needed for day-to-day convenience — just be aware it may require a small probate if the balance is significant. ## 6. Investment & Brokerage Accounts Taxable investment accounts — accounts holding stocks, bonds, mutual funds, ETFs, or other securities held at a brokerage firm such as Charles Schwab, Fidelity, Vanguard, Merrill Lynch, or Edward Jones — can and should be transferred to your trust. **Note on IRAs and 401(k)s:** Do *not* retitle your IRA or 401(k) in the name of your trust. These are tax-advantaged retirement accounts with specific beneficiary designation rules. Retitling them could trigger immediate taxation of the entire account. Instead, name your spouse, children, or a specially-drafted "see-through" trust as the beneficiary on the beneficiary designation form provided by the plan custodian. #### How to Transfer Taxable Investment/Brokerage Accounts - Contact your broker or financial advisor. Bring your Certification of Trust. - Request a "change of registration" or "transfer on death" (TOD) designation form. - Option A: Re-register the account in the name of your trust so the trust owns the account outright. - Option B: Designate the trust as the TOD beneficiary, which transfers the account to the trust at your death without probate, while you retain full control during your lifetime. - The brokerage will require a copy of the Certification of Trust (and sometimes specific pages of the trust itself). - There is no capital gains tax triggered by transferring a taxable brokerage account to your own revocable trust. ## 7. Promissory Notes Payable to You If you have loaned money to a child, a business, or anyone else, and you hold a promissory note as the lender, that note is a valuable asset. If you die while it is still in your individual name, the right to collect those payments becomes a probate asset. #### How to Transfer a Promissory Note to Your Trust - **Prepare a written Assignment of Promissory Note** — a document that formally assigns all of your rights as the holder of the note to you as trustee of your trust. - Sign the Assignment and deliver a copy to the borrower, notifying them that all future payments should be made payable to your trust. - If the note is secured by a deed of trust or mortgage on real property, the assignment should also be recorded with the county recorder to put the world on notice of the new holder. - If the original promissory note is a paper instrument, write "Pay to the order of \[Trust Name\], \[Your Name\], Trustee" on the back of the note and sign it — this is called a "negotiable instrument endorsement." ## 8. Life Insurance — Change Your Primary Beneficiary to Your Trust Life insurance is one of the most important — and most frequently overlooked — aspects of trust funding. If your life insurance policy names an individual (such as your spouse or child) as the primary beneficiary, the death benefit passes directly to that person outside of your trust. That might sound fine at first, but consider these risks: - If the primary beneficiary has died before you, the proceeds may go to the wrong person or through probate. - If the beneficiary is a minor, the funds may be frozen in a court-supervised guardianship until the child turns 18. - If the beneficiary is facing creditors, a lawsuit, or a divorce, the payout could be seized or divided. - A named beneficiary who is not protected by an irrevocable asset-protection trust inside your estate plan could lose the entire inheritance. Naming your revocable living trust as the primary beneficiary — and then directing the proceeds through the trust to your beneficiaries — keeps the money under the protection and management of the trust's terms. #### How to Change Your Life Insurance Beneficiary - Contact your life insurance company or agent and request a **Beneficiary Change Form**. - In the primary beneficiary field, enter the full legal name of your trust: *"\[Your Full Name\] and \[Spouse's Name, if applicable\], Trustees of the \[Trust Name\] dated \[Date of Trust\], or their successors in trust."* - Sign, date, and return the form to the insurance company. - Request written confirmation that the beneficiary change has been recorded. - Review the beneficiary designations on *all* of your life insurance policies — term, whole life, universal life, group life through an employer, and any accidental death policies. - Do the same for **annuities**, which work similarly to life insurance for beneficiary purposes. **What about the secondary (contingent) beneficiary?** Once your trust is the primary beneficiary, you may wish to name a backup — such as your children's names individually — as contingent beneficiaries in case the trust is ever dissolved or does not exist at the time of your death. Your estate planning attorney can advise you on the right approach for your family. ## Your Trust Funding Checklist — At a Glance - ✅ **Arizona home:** Record a Beneficiary Deed or Special Warranty Deed transferring to the trust. - ✅ **Other real estate:** Record a deed in each county/state where the property is located. - ✅ **LLC interests:** Sign and deliver an Assignment of Membership Interest; update the LLC records. - ✅ **Corporate stock:** Endorse and surrender certificates for reissuance; update the stock ledger. - ✅ **Bank accounts:** Retitle in trust name or designate trust as POD beneficiary. - ✅ **Investment accounts:** Retitle in trust name or designate trust as TOD beneficiary. Do NOT retitle IRAs/401(k)s. - ✅ **Promissory notes:** Execute an Assignment of Promissory Note; notify borrower; record if secured. - ✅ **Life insurance:** Change primary beneficiary to the trust on all policies. Funding your trust is not a one-time event — it is an ongoing responsibility. Any time you open a new bank account, purchase real estate, form a new LLC, acquire a new life insurance policy, or receive a promissory note, you need to take the steps outlined above to make sure the new asset goes into your trust. Make it a habit. Your family will thank you. ## Ready to Build — or Properly Fund — Your Trust? Richard Keyt has been helping Arizona families create and fund proper estate plans since 1979. A free consultation costs you nothing and could save your family enormous time, expense, and heartache. [Book Your Free Consultation](https://www.keytlaw.com/calendar) [Learn more at keytlaw.com →](https://www.keytlaw.com) **KEYTLaw, LLC** · Richard Keyt, Arizona Estate Planning Attorney Serving Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Chandler & Queen Creek, Arizona [keytlaw.com](https://www.keytlaw.com) | [Book Free Consultation](https://www.keytlaw.com/calendar) This article is for general educational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this article. Consult a licensed Arizona attorney for advice specific to your situation. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch thie [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). Our estate plan includes a Beneficiary Deed to transfer your home to your trust. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Ultimate Arizona Estate Planning Guide: Wills & Trusts](https://www.keytlaw.com/estate-planning-guide-wills-trusts/) **Published:** April 19, 2026 **Author:** Richard Keyt **Content:** # Estate Planning Essentials: A Guide to Wills, Trusts & Your Legacy By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![araticle-library](https://www.keytlaw.com/wp-content/uploads/2026/04/article-library-1024x559.png) [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Articles about Arizona Estate Planning Wills, Trusts & Probate See our **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** — a free library of in-depth articles covering virtually every aspect of Arizona estate planning. See these 34 articles at: **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** ## Titles & Contents of Our Estate Planning Emails ## **Will Your Loved Ones be Protected if Something Happens to You?** Discover if your loved one are protected if you don’t have all the documents contained in a comprehensive estate plan with a revocable living trust. Read this informational email message at . ## **36 Documents & Services in Our Estate Plan. What You Get – and Exactly What it Does** 36 documents and services in our custom estate plan with a revocable living trust. No hidden fees. No surprises. Just total protection. Read this informational email message at . ## **What Arizona Probate Actually Costs Your Loved Ones in Time, Money & Stress** Probate is slow, expensive and public. Its 100% avoidable. Read this informational email message at . ## **I wrote the book on Arizona estate planning. It’s free. Here’s where to find it** 34 Plain English articles about wills, trusts probate, estate planning and more — all in one place and free. Read this informational email message at . ## **What KEYTLaw clients say after we prepare they estate plans** Real people. Real families. Read real reviews made by our clients. Here’s what the experience is actually like. Read this informational email message at . ## **What happens to your family if you’re alive — but can’t speak for your self?** Incapacity may be scarier than death. Here’s why — and how to prevent it. Read this informational email message at . ## **Who will raise your children if you die today?** If you don’t answer that question in writing a judge will answer it for you. Read this informational email message at . ## **Second marriage? Your estate plan needs to be completely different** The default rules were written for first famiies. Blended families pay the price when they ignore this. Read this informational email message at . ## **You worked your lifetime to build it. Don’t let your heir’s ex-spouse take half of it.** Leaving an outright inheritance is generous. It’s also unprotected Here’s a smarter way to leave assets to your loved ones that protects their inheritance from their creditors, ex-spouses and bankruptcy. Read this informational email message at . ## **You built a business. Does your estate plan know that?** Your LLC or corporation is one of your most valuable assets — and one of the most dangerous to leave unplanned. Read this informational email message at . ## **“We own it jointly — we don’t need a trust.” Are you sure about that?** Joint tenancy and beneficiary designations fell like a plan. They aren’t. Here’s what they miss. Read this informational email message at . ## **Famous. Wealthy. Completely unprepared. The estate planning mistakes of the rich and famous.** If they didn’t get it right, what does that mean for the rest of us? Read this informational email message at . ## **10 Common Estate Planning Mistakes You Can Avoid.** Save your loved ones from unnecessary stress, money, and heartache with a comprehensive plan. Read this informational email message at . ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch thie [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Do I Need a Will in Arizona? AZ Will FAQs Answered](https://www.keytlaw.com/arizona-will-faq/) **Published:** April 14, 2026 **Author:** Richard Keyt **Content:** ## Arizona Last Will & Testament Frequently Asked Questions By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![will-faq](https://www.keytlaw.com/wp-content/uploads/2026/04/will-faq-scaled.png "will-faq - KEYTLaw") If you’ve been putting off creating a will — or wondering whether you even need one — you’re not alone. These are the questions we hear most often from Arizona residents, answered plainly and honestly. This article describes Arizona law. The law of other states may be different. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Arizona Will FAQs: Everything You Need to Know to Protect Your Family **1. What is a Last Will & Testament?** A Last Will & Testament — most people just call it a “will” — is a written legal document in which you, the *testator* (the person making the will), state: - Who receives your property that remains in your name after you die - Who will raise your minor children if both parents are gone (called a *guardian*) - Who manages and distributes your estate — called your *personal representative* (what other states call an “executor”) - Any specific gifts of money, personal property, or real estate you want to leave to individuals or charities A will only takes effect when you die. It has no legal effect while you are alive. **2. What makes a will legally valid in Arizona?** Under Arizona Revised Statutes Section 14-2502, a valid Arizona will must be: - In writing - Signed by you (the testator) - Witnessed by at least two people who are both present and signing at the same time Arizona also permits *holographic wills* — wills that are entirely handwritten and signed in your own handwriting, under Arizona Revised Statutes Section 14-2503. However, holographic wills are frequently contested, misinterpreted, or thrown out by courts. A professionally drafted will prepared by an attorney is always the better choice. **3. What happens if I die without a will in Arizona?** If you die without a valid will, you die *intestate* — and Arizona law takes over completely. The state has a rigid formula for distributing your assets, governed by Arizona Revised Statutes Sections 14-2101 through 14-2114. That formula does not care: - That you wanted your daughter to have the house - That you were estranged from a sibling for 30 years - That your longtime partner — who was never legally married to you — was the most important person in your life - That you wanted to leave something to your church, a favorite charity, or a scholarship fund The law doesn’t know you. It distributes your estate to whoever the statute says should receive it. A distant relative you’ve never met could inherit everything you worked your entire life to build, while the people who mattered most to you receive nothing. And if you die with no living relatives at all, your entire estate *escheats* — meaning the State of Arizona inherits everything you own. **4. Who needs a will?** Every adult Arizona resident who has any of the following needs a will: - A home or real estate - Minor children - A partner or spouse - Retirement accounts, investment accounts, or a business interest - Wishes about who should — or should *not* — inherit from them A will is not just for the elderly or the wealthy. It is for every adult who has people they love, assets they’ve worked for, or wishes they want honored when they’re gone. **5. What are the real consequences of dying without a will?** Dying without a will causes serious, preventable harm to the people you leave behind: **A stranger picked by an Arizona Superior Court decides who raises your children.** Without a will naming a guardian, a probate judge — someone who has never met your family — decides who will raise your minor children. That judge may select someone with completely different values or parenting philosophies than yours. **Your estate gets stuck in probate court.** Even with a will, your estate goes through probate — a public, often lengthy, court-supervised process. Probate can take months or years, and court costs and attorney fees reduce what you leave behind. While probate drags on, your family may have no access to funds for bills, funeral costs, or keeping a business running. **Your unmarried partner inherits nothing.** Arizona does not recognize common-law marriage. If you have lived with a partner for years — even decades — but were never legally married, that person has zero automatic inheritance rights under Arizona law. Your partner could be forced out of the home you shared while your relatives receive everything. **Estranged relatives could receive your estate.** Arizona intestacy law distributes assets based on family relationships alone, not the quality of those relationships. A parent, sibling, or cousin you haven’t spoken to in years could inherit simply because the statute says so. **Your heirs’ inheritance is left unprotected.** Even if your assets reach the right people, without proper planning an heir’s inheritance can be seized by their creditors, lost in a divorce, or wiped out in a bankruptcy proceeding. **Family conflict tears your loved ones apart.** No plan means no clear direction. No clear direction means disagreements. Disagreements during grief become permanent rifts. Families have been destroyed by battles that erupted when a loved one died without a will. --- **6. Doesn’t my spouse automatically get everything when I die?** This is one of the most dangerous myths in estate planning. In blended families, in situations involving children from prior relationships, or with separate property, Arizona’s intestacy laws can produce results that are shocking — and completely contrary to your wishes. Never assume your spouse automatically inherits everything. A proper estate plan removes all doubt. **7. I have beneficiary designations on my accounts. Isn’t that enough?** No. Beneficiary designations only cover specific accounts — typically retirement accounts and life insurance policies. They do not govern your home, your personal property, your business interests, or your debts. They also do not protect your beneficiaries from creditors, divorcing spouses, or bankruptcy courts. Relying solely on beneficiary designations leaves major gaps in your plan. **8. I’m young and healthy. Do I really need a will now?** Yes. Tragedies do not wait until your affairs are in order. People of every age die unexpectedly. An estate plan also does much more than direct who gets your assets when you die — it designates who raises your minor children, who manages your finances if you become incapacitated, and who makes your medical decisions. Those issues affect young, healthy adults just as much as anyone else. The time to plan is when you are healthy and thinking clearly, not after a crisis forces the issue. **9. Is a will alone a complete estate plan?** No — and this is something most Arizona residents don’t know. Even with a valid will, your estate will still go through an expensive, time-consuming public Superior court probate. A will is a set of instructions to a probate judge — it does not avoid probate. It simply tells the court what to do after it gets involved. Probate is public, slow, and expensive. Anyone can look up your probate case — your assets, your debts, and who received what all become a matter of public record. A simple uncontested probate at KEYTLaw starts at $5,000. **10. What does a complete Arizona estate plan look like?** The cornerstone of proper Arizona estate planning is a **Revocable Living Trust**. When your assets are held in a properly funded trust, they pass directly to your beneficiaries after your death — completely outside of probate court. No court. No delays. No public record. No unnecessary expense. The most comprehensive estate plans also protect your beneficiaries by placing their inheritance inside an **irrevocable asset-protected trust**. This means that what you leave your children or other loved ones cannot be seized by their creditors, cannot be taken by a divorcing spouse, and cannot be swept away in a bankruptcy proceeding. Your hard-earned legacy stays in the family — exactly where you intended it to go. A complete KEYTLaw estate plan includes all of the following: 1. Revocable Living Trust 2. Certification of Trust 3. Last Will & Testament 4. Healthcare Power of Attorney 5. HIPAA Authorization 6. Financial Power of Attorney 7. Living Will (Advance Directive) 8. Deed transferring your home to the trust 9. Designation of Guardian for Minor Children 10. Assignment of Personal Property to the Trust 11. Personal Property Memorandum (lets you gift specific personal property to named individuals — and can be updated without changing the trust) **11. What is joint tenancy, and is it a substitute for an estate plan?** Joint tenancy is a form of property ownership where two or more people own property together with a right of survivorship — meaning when one owner dies, the surviving owner automatically receives the deceased owner’s share. While joint tenancy does avoid probate for that specific asset, it is not a substitute for a full estate plan. It only covers jointly held assets, creates no protection for beneficiaries, and can have unintended tax and creditor consequences. It also does nothing for your healthcare decisions or financial management if you become incapacitated. **12. How do I get started?** Call, email, or [book a free office, phone, or Zoom consultation](https://www.keytlaw.com/calendar) with Richard Keyt (rhe father at 480-664-7478) or Richard C. Keyt (the son at 480-664-7472). We don’t charge to talk to people about wills, trusts and estate planning. We serve clients in Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Chandler, Queen Creek, and throughout Arizona. You can also read about the 36 documents and services in our custom estate plan at [keytlaw.com/ep-contents](https://www.keytlaw.com/ep-contents). You have worked too hard and loved too much to leave your legacy to chance. Let’s make sure it is protected. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch thie [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Certificate of Trust in Arizona: Why You Need One | KEYTLaw](https://www.keytlaw.com/certification-of-trust/) **Published:** April 16, 2026 **Author:** Richard Keyt **Content:** # Arizona Certification of Trust Keeps Your Estate Plan Private By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![certification-of-trust](https://www.keytlaw.com/wp-content/uploads/2026/04/cot.png "cot - KEYTLaw") ## Our 5-Star Reviews Excellent [KEYTLaw LLC](https://www.keytlaw.com/)4.9 [See all reviews](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Cindy S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My son passed away in AZ where he lived. I, his mother live in Savannah, GA. Not familiar with AZ law, I went to the Keyt Law offices in Phoenix. Richard Keyt Jr. was very welcoming and helpful from the start and all the way through Probate. Any questions that I had, he answered promptly and efficiently. I would highly recommend this Law firm. I am very pleased! Thank you Richard!!!!! [Divine Doors Assisted Living, L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My attorney Ricky with KEYTLaw has been so helpful through the process of starting my business. I am grateful to him and his staff for their timely assistance and for their expertise. [Mark B.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Laura H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have worked with Keyt law for many years, they’ve helped me form all of my LLCs, create my estate plan, and handle many other legal matters. Their staff is always friendly, responsive, and professional, making every process smooth and stress free. I highly recommend Keyt Law to anyone looking for knowledgeable attorneys who provide exceptional service. [Lucia W.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I first contacted Keyt Law firm when I was thinking about opening up my own nonprofit business. Everyone that I spoke to was very patient and knowledgeable in going through the steps necessary to make sure that I was comfortable in what I was endeavoring to do. Special thanks to Noah who was always available to answer my questions and guided me through all the steps. I am very confident in recommending Keyt Law Firm. [Greg M.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Noah is very helpful with a can do attitude. I wish the world had more like him. [montetackett](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Easy, affordable and accurate. [Valli Dawn H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard, Noah and the team at Keyt Law did a great job helping us with several estate and corporate planning goals we had. They were prompt, thorough, provided great communication and we will contact them again anytime we need updates or help. [Joseph Z.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Awesome services and great communication. Highly recommended! [Susan R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Twenty years ago I decided to start a non profit with no business experience and a vision of helping teens who were facing multiple challenges. I found Keyt Law online with free information for start ups like mine. I randomly called the office and Mr. Keyt answered the phone. I explained my mission and he spent the next hour taking me through the process. He never sent me a bill for his invaluable time. Keyt Law has been my statutory agent since then with a very small fee. Any time I have a question or problem they are there for me. The integrity of this law firm is a direct reflection of its Founder. I was blessed to have them by my side. Special thanks to Noah from accounting who helped me with my annual report! [Andrew K.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very efficient service. My experience is limited to the formation of two LLCs. They were handled very well and quickly. The price was also reasonable. [Jerry G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Used them to set up LLC and annual renewal. Seamless and easy to work with. [M.M. R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very glad to give 5 star rating to KeithLaw firm. We have established an IRA LLC from 13 years ago with assistance from this very client friendly law firm. I found them to be very reliable, courteous and easy to work with. I still talk to them from time to time for timely advice as needed. I very strongly recommend this friendly family friendly legal firm to any one in need of legal help particularly those from retired community. [Mary E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law Firm was great in helping us set up our LLC and keeping us informed when things need to be renewed. [Eric G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard’s expertise and guidance made a big difference for us and we would not have been able to do this without his knowledge. He was kind enough to “warn us” that our first 1023 application may not get IRS approval because it wasn’t mission driven enough. That caused us to completely reframe our entire concept and a complete redo of the form and it worked out so well that we actually got approval from the IRS two weeks after submitting our form 1023 along with an expedited request. Thank you so much Richard! [Justin G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very helpful with setting up business organizations. [Latrice J.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I absolutely appreciate this firm because they have assisted me With my nonprofit in terms of setting it up and assisting me with education via their website and much more. I would not be able to continue helping survivors and domestic violence without their support. [Kara E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard Keyt Jr. is one of the most knowledgeable and thorough attorneys I have worked with. We hired Richard to review trust, estate, and loan documents that had been prepared by another attorney. During his review, he identified a significant issue that could have resulted in approximately hundreds of thousands of dollars in unnecessary tax consequences. His analysis likely saved our family an enormous amount of money and gave us confidence that the documents were accomplishing what was actually intended. When revised documents were later prepared, Richard reviewed those as well and identified additional concerns that warranted further attention. His willingness to carefully review every detail and ask the difficult questions provided an extra level of protection that was invaluable. What sets Richard apart is his ability to explain highly complex trust, estate, and tax issues in a way that ordinary people can understand. He is approachable, patient, and easy to talk to. He can support his opinions with statutes and case law, yet he never comes across as arrogant or intimidating. When dealing with important family, trust, and estate matters, you need someone who is willing to look beyond the surface and identify problems before they become expensive mistakes. Richard did exactly that for us. His expertise, attention to detail, and commitment to protecting his clients’ interests gave us tremendous peace of mind. I recommend Richard Keyt Jr. without hesitation. If you are looking for an attorney who combines exceptional legal knowledge with practical, understandable advice, Richard is an excellent choice. [Jacqueline F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) They set up my LLC 5 years ago and have been taking great care of me ever since! [Josh F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Bela F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Excellent staff, professional, attentive and considerate [Wayne L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very easy to work with and responsive, will be using them again. [Ken E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have done several LLCs and other work with Keyt Law, and they are expert, fast, affordable and easy to work with. Richard is always super accessible on the phone and he always makes time to answer questions, discuss options and provide solutions. [Dar S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law establishment out LLC for us and were very knowledgeable and efficient. They are great about providing their customers with information they should know about and there is no pressure to upsell you further services. [Garratt P.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Exceptionally professional, informative, and easy to work with. Richard Keyt Jr. made the process seamless and informative. The Gold Package is worth every penny. You will also receive this beautiful leather bound book with all your documents. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) Certification of Trust in Arizona | KeytLaw [KeytLaw](https://www.keytlaw.com) Arizona Estate Planning & Trust LawArizona Estate Planning # What Is a *Certification of Trust* — and Why Every Arizona Trustee Needs One If you have a revocable living trust, a certification of trust is one of the most practical documents you can have. Here is what it is, when you will use it, and why not having one can create real problems. Richard Keyt, JD ◆ Arizona Trust & Estate Attorney ◆ KeytLaw.com You have done the right thing. You created a revocable living trust, transferred your assets into it, and thought your estate planning was complete. Then you try to open a bank account, refinance your home, or sell a piece of real estate — and the institution asks for a copy of your trust. That is when Arizona's certification of trust becomes invaluable. ## What Is a Certification of Trust? A **certification of trust** — sometimes called a *certificate of trust* or *abstract of trust* — is a short, legally recognized document that summarizes the key facts about your trust without revealing its private contents. Think of it as your trust's official identification card. Instead of handing over your entire trust agreement — a document that may contain detailed provisions about who gets what, conditions on distributions, and your family's most sensitive financial information — you present the certification. It gives third parties exactly what they need to verify that your trust is real, that you are authorized to act as trustee, and that the transaction at hand falls within your authority. Under Arizona law, a trustee may present a certification of trust to any person in lieu of a copy of the trust instrument. A person who acts in reliance upon a certification of trust without knowledge of a false statement contained in it is not liable to any person for so acting. — Arizona Revised Statutes § 14-11013 That statute is critical. It means that once a bank, title company, or other institution accepts your certification of trust in good faith, they are legally protected — which is precisely why they are willing to accept it in the first place. ## What Information Does a Certification of Trust Contain? Under A.R.S. § 14-11013, a certification of trust must contain specific information to be legally sufficient in Arizona. A properly drafted certification will include all of the following: 1. The existence of the trust and the date it was created 2. The identity of the settlor (the person who created the trust) 3. The identity and address of the currently acting trustee or co-trustees 4. The powers of the trustee relevant to the transaction at hand 5. The revocability or irrevocability of the trust, and who holds the power to revoke it 6. When there are co-trustees, whether all must act together or one may act alone 7. The trust's taxpayer identification number (for irrevocable trusts) 8. The legal name in which trust property is to be held 9. A statement that the trust has not been revoked, modified, or amended in any way that would affect the representations in the certification What a Certification Does NOT Reveal Critically, a certification of trust does not disclose the names of your beneficiaries, the distribution provisions of the trust, the value of trust assets, or any of the personal instructions you have left for your trustee. Your family's financial privacy remains protected. ## When Will You Actually Use a Certification of Trust? The certification of trust is not a document you file away and forget. It is a working document that you — or your successor trustee — will present regularly throughout the life of the trust. Here are the most common situations where it is needed: #### 🏦 Opening Bank & Investment Accounts Financial institutions require proof that the trust exists and that the trustee has authority to open and manage the account. Banks will typically accept a certification rather than demanding the full trust document. #### 🏠 Real Estate Transactions When buying, selling, or refinancing property held in a trust, the title company and lender will require documentation establishing the trustee's authority. A certification of trust is the standard way to satisfy this requirement in Arizona. #### 📈 Brokerage & Retirement Accounts Transferring investment accounts into trust, or opening new accounts in the trust's name, requires the brokerage firm to confirm the trust's legal existence and the trustee's investment authority. #### 🚗 Transferring Vehicles & Personal Property Registering a vehicle or transferring ownership of valuable personal property (boats, aircraft, collector items) in the name of the trust will require documentation of the trustee's authority. #### 🏢 Business Interests & LLCs When a trust holds membership interests in a limited liability company or shares of a corporation, a certification may be required by other members or when the entity engages in transactions. #### ⚖️ After the Trustor's Death When the trustor dies and a successor trustee takes over, institutions will need confirmation of the successor trustee's authority. The certification — updated if necessary — is how that authority is established. ## Why Not Just Provide a Copy of the Full Trust? Many Arizona residents assume they can simply hand over a copy of their trust agreement whenever an institution asks for documentation. Technically, you can — but there are compelling reasons not to. ### Your Trust is a Private Document Your revocable living trust contains a complete roadmap of your wealth and your wishes: who your beneficiaries are, what they will receive, at what age, under what conditions, and who will manage things if you become incapacitated or die. That information is deeply personal. Once you hand a copy to a bank, title company, or escrow officer, it becomes part of their file — potentially accessible to employees, clerks, and anyone who requests records. ### It Creates Unnecessary Risk Full trust documents are long, complex, and sometimes ambiguous to people who are not experienced in trust law. Sharing the full document invites misreading, misinterpretation, and unnecessary questions. A well-drafted certification of trust removes all ambiguity and gives the institution exactly what it needs — nothing more. ### Institutions May Retain the Document Financial institutions and title companies often keep copies of documents provided to them. Your complete trust agreement, with all its private provisions, may end up permanently in multiple companies' files. A certification preserves your privacy while still satisfying every legal requirement the institution has. A trust without a certification of trust is like a car without a title. You own it — but proving that ownership when it matters most can become surprisingly complicated. ## What Happens Without a Certification of Trust? Failing to have a certification of trust prepared does not make your trust invalid. But it does create practical problems — sometimes at the worst possible moments. - **Delays in real estate closings.** Title companies often will not close on a property held in trust without proper documentation. If a certification is not already prepared, you may be scrambling to have one drafted during a transaction. - **Banks refuse to open accounts.** Financial institutions have compliance departments that will simply decline to open a trust account without the required documentation. - **Successor trustees cannot act.** When you die or become incapacitated and your successor trustee steps in, they may face resistance from every institution they approach without a properly prepared certification of trust in hand. - **Privacy is unnecessarily sacrificed.** Without a certification, your only option is to share the complete trust — giving away information that should remain confidential. - **Probate may not be avoided.** If a successor trustee cannot access trust assets promptly due to documentation problems, beneficiaries may be forced to seek court intervention — undermining one of the primary purposes of having a trust in the first place. ## Certification of Trust vs. The Full Trust Agreement: A Comparison Feature Full Trust Agreement Certification of Trust Length 20–60+ pages (typical) 2–4 pages Reveals beneficiaries Yes — in detail No — information omitted Reveals distribution terms Yes No Confirms trustee authority Yes Yes Accepted by Arizona institutions Yes Yes (A.R.S. § 14-11013) Protects your privacy No Yes Notarized Typically yes Yes — notarization required ## Does Arizona Law Require Institutions to Accept It? Yes — with important nuance. Arizona Revised Statutes § 14-11013 explicitly authorizes the use of a certification of trust in lieu of the full trust agreement. Under the statute, a person who relies on a certification of trust and acts in good faith is legally protected. However, institutions are also permitted to require additional or different information, and may in some cases still request a copy of the relevant portions of the trust. In practice, most Arizona banks, title companies, and financial institutions are very familiar with certifications of trust and routinely accept them. Having a well-drafted, properly notarized certification prepared in advance will satisfy the vast majority of institutions you will encounter. ## Who Should Sign the Certification of Trust? The certification of trust must be signed by the trustee — or, if there are co-trustees, by all acting trustees unless the trust agreement permits fewer to act. It must also be acknowledged before a notary public. Your signature certifies that the statements in the document are true and correct, and the law provides that a trustee who makes a false statement in a certification is personally liable to any person who suffers loss as a result. This is not a form document you should download from the internet and fill in yourself. An attorney who understands Arizona trust law should prepare it to ensure it is legally sufficient, properly tailored to your trust, and ready to be accepted without question. ## When Should You Have a Certification of Trust Prepared? The answer is simple: **at the same time your trust is drafted.** Waiting until you need it to scramble for one is an unnecessary problem. A properly prepared certification of trust should be considered a standard companion document to any revocable living trust in Arizona. You should also have a new certification of trust prepared if: - Your trust has been amended or restated since the original certification was prepared - A trustee has changed (original trustee died, resigned, or was replaced by a successor) - Co-trustees have been added or removed - The trust was converted from revocable to irrevocable - An institution specifically requests a certification reflecting current information ## The Bottom Line for Arizona Trust Holders A revocable living trust is one of the most powerful estate planning tools available to Arizona residents. It lets you avoid probate, maintain control of your assets during your lifetime, protect your beneficiaries, and ensure a smooth transition of your estate when you die. But a trust without a certification of trust is an incomplete plan. Every trustee in Arizona should have a current, properly drafted, notarized certification of trust on hand — ready to present the moment any institution asks for documentation. It protects your privacy, confirms your authority, and ensures that your trust works exactly as you intended when it matters most. ### Does Your Trust Include a Certification? If you already have a revocable living trust in Arizona but have never had a certification of trust prepared — or if your trust has been amended and your certification is out of date — contact KeytLaw. We can review your situation, prepare a legally sufficient certification of trust, and make sure your entire estate plan is complete and ready to work when your family needs it most. [Schedule a Consultation](https://www.keytlaw.com/calendar) This article is for general educational and informational purposes only. It is not intended as legal advice and does not create an attorney-client relationship. Arizona trust and estate law is complex and fact-specific. You should consult with a qualified Arizona estate planning attorney regarding your particular situation. © KeytLaw · Richard Keyt, JD · Arizona Estate Planning Attorney · keytlaw.com ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch thie [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). Our estate plan includes a Certification of Trust. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Certificate of Trust Explained: Common FAQs | KEYTLaw](https://www.keytlaw.com/certification-of-trust-faqs/) **Published:** April 16, 2026 **Author:** Richard Keyt **Content:** # Arizona Certification of Trust Frequently Asked Questions By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![Certification-of-Trust-faq](https://www.keytlaw.com/wp-content/uploads/2026/04/cot-faq-1-scaled.png "cot-faq - KEYTLaw") If you have a revocable living trust in Arizona, you will likely need to use a certification of trust at some point — when opening a bank or brokerage account in the name of your trust, refinancing your home, or completing a real estate transaction. Despite how important this document is, most trust owners have never heard of it until someone asks for it. This article answers the most frequently asked questions about Arizona certifications of trust. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Arizona Certification of Trusts Explained ## **1. What is a certification of trust?** A certification of trust is a short legal document that proves your trust exists and that you, as trustee, have the authority to act on behalf of the trust — without revealing the private details contained in your full trust agreement. Think of it as a “trust ID card.” It tells banks, title companies, brokers, and other third parties everything they need to know to do business with your trust, while keeping your beneficiaries, the amounts they will receive, and other sensitive personal information completely private. ## **2. What is the Arizona law that governs certifications of trust?** The governing statute is Arizona Revised Statutes § 14-11013, which is part of the Arizona Trust Code. Under this statute, instead of handing over a full copy of your trust agreement to a third party, you — as trustee — may instead provide a certification of trust that contains specific information about the trust. ## **3. What information must an Arizona certification of trust contain?** Under A.R.S. § 14-11013(A), a valid Arizona certification of trust must contain the following information: 1. That the trust exists and the date the trust instrument was executed 2. The identity of the settlor (the person who created the trust) 3. The identity and address of the currently acting trustee 4. The powers of the trustee 5. Whether the trust is revocable or irrevocable, and the identity of any person holding a power to revoke the trust 6. If there are co-trustees, whether all or less than all are required to exercise the trustee’s powers 7. The manner in which title to trust property is to be taken ## **4. What is NOT required to be in a certification of trust?** This is the most important feature of the document. Under A.R.S. § 14-11013(D), a certification of trust does **not** need to contain the “dispositive terms” of the trust. The dispositive terms are the provisions that say who gets what when you die. That means the names of your beneficiaries, the percentage shares they receive, the conditions they must meet to inherit, and other sensitive provisions remain completely private and do not have to be disclosed to banks, title companies, or anyone else conducting business with the trust. ## **5. Why is privacy important when it comes to my trust?** One of the main reasons people create a revocable living trust instead of relying only on a will is privacy. A will goes through probate — a public court process — so everything in your will, including who you left your assets to and in what amounts, becomes a public record that anyone can look up. A trust avoids probate and stays private. The certification of trust preserves that privacy by allowing you to prove your trust’s existence and your authority as trustee without exposing your beneficiaries or your estate plan to the public. ## **6. Who signs an Arizona certification of trust?** Under A.R.S. § 14-11013(B), a certification of trust may be signed (or otherwise authenticated) by **any trustee**. If you and your spouse are co-trustees of your joint trust, either one of you can sign the certification. ## **7. Does the certification have to say the trust has not been changed?** Yes. Under A.R.S. § 14-11013(C), the certification of trust must include a statement that the trust has **not been revoked, modified, or amended** in any way that would make the statements in the certification incorrect. This gives the third party receiving the certification confidence that it accurately reflects the current state of the trust. ## **8. When will I need to use a certification of trust?** You will most commonly need a certification of trust in the following situations: - **Opening a bank or credit union account** in the name of your trust - **Opening a brokerage or investment account** in the name of your trust - **Buying or selling real estate** held in the name of your trust - **Refinancing a mortgage** on real property held in trust - **Transferring a vehicle title** to your trust - **Conducting any financial transaction** where a third party needs to verify your authority as trustee Basically, any time you do business “as trustee” and the other party wants proof that you actually have the authority to act, you present the certification of trust. ## **9. Can a bank or title company demand to see my full trust agreement instead of accepting the certification?** Under A.R.S. § 14-11013(E), a recipient of a certification of trust acting in good faith may ask you to provide excerpts from the trust that designate you as trustee and confirm your power to act in the specific transaction at hand — but that is all they are permitted to ask for under normal circumstances. They **cannot** demand excerpts that contain the dispositive terms (who gets what) or provisions naming successor trustees unless they first provide you with a verified written statement explaining a reasonable basis for the request. This is a strong protection for your privacy. ## **10. What happens if a bank or title company improperly demands more than they are entitled to?** Arizona law has teeth on this issue. Under A.R.S. § 14-11013(H), if a person demands the full trust instrument or excerpts beyond what they are legally entitled to, and a court determines they did not act in good faith or did not comply with the statute, that person (or institution) can be held **liable for damages, costs, expenses, and attorney fees**. This means that banks, title companies, and brokers that unlawfully insist on seeing your full trust agreement can be financially penalized for doing so. ## **11. If a bank or title company relies on a certification of trust that turns out to have errors, are they protected?** Yes. Under A.R.S. § 14-11013(F), a person who acts in good faith reliance on a certification of trust — without actual knowledge that the information in it is incorrect — is **not liable** to anyone for doing so. They can assume everything in the certification is true. Additionally, under A.R.S. § 14-11013(G), a person who enters into a transaction in good faith reliance on a certification of trust may enforce the transaction against the trust property as if every representation in the certification were correct. This gives financial institutions and other third parties comfort in accepting certifications of trust. ## **12. Who is liable if a certification of trust contains false information?** The trustee who signs and delivers the certification of trust is the one who is liable for any false statements in it. The certification is a legal document signed under penalty of perjury, and the trustee is certifying that all of the information it contains is accurate and that the trust has not been revoked or amended in any way that makes the certification incorrect. Do not sign a certification of trust that contains any information you know to be inaccurate. ## **13. Does the certification of trust need to be notarized?** Arizona law does not specifically require a certification of trust to be notarized for it to be legally effective under A.R.S. § 14-11013. However, many banks, title companies, and recording offices require notarization as a matter of their own internal policies. As a practical matter, you should have your certification of trust notarized so it will be accepted in any transaction without dispute. ## **14. Does a certification of trust need to be recorded?** A certification of trust generally does **not** need to be recorded with the county recorder unless it is being used in connection with a real estate transaction or is being attached to or referenced in a recorded deed. In Arizona real estate transactions, a certification of trust may be recorded or submitted to the title company to confirm the trustee’s authority to sell, buy, or mortgage real property held in trust. ## **15. Does a certification of trust expire?** Arizona law does not set a specific expiration date for a certification of trust. However, if you amend your trust, change trustees, or make any change that would affect the accuracy of the information in the certification, you should prepare a new certification of trust. Many banks and title companies also prefer to receive a “fresh” certification of trust that was signed recently, rather than one that is several years old, even if the trust has not been changed. As a practical matter, it is a good idea to update your certification whenever you update your trust. ## **16. Does a certification of trust replace the full trust agreement?** No. The certification of trust is not a substitute for the full trust agreement. The trust agreement is the document that actually governs how your trust operates, names your beneficiaries, controls distributions, and dictates what happens to your assets when you die. The certification of trust is only a summary document used to prove the trust’s existence and the trustee’s authority when dealing with third parties. Both documents are important parts of your estate plan. ## **17. Can I use a certification of trust for an irrevocable trust?** Yes. The certification of trust requirements under A.R.S. § 14-11013 apply to all trusts — both revocable and irrevocable. The certification is simply required to accurately state whether the trust is revocable or irrevocable and identify any person who holds a power to revoke it. ## **18. Who prepares the certification of trust — the trustee or an attorney?** Although a trustee can technically prepare a certification of trust without an attorney, you should have your estate planning attorney prepare it. The certification is a legal document that must contain specific information required by Arizona law, must accurately describe the powers of the trustee, and must be worded carefully to be accepted by banks, title companies, and other institutions. An improperly prepared certification can cause delays in transactions, or worse, expose you to liability if it contains incorrect information. At KEYTLaw, when we prepare your revocable living trust, we also prepare a certification of trust as part of your estate plan package. If you need a new or updated certification of trust after your trust has been amended, we can prepare one for you. ## **19. Do I need a separate certification of trust for every transaction?** Not necessarily, though some institutions will request an original or recently signed certification for each new transaction. In practice, you may use the same certification of trust for multiple transactions as long as it remains accurate. Once your trust is amended or any information in the certification changes, you need a new one. ## **20. What if I lost my certification of trust?** If you have lost your certification of trust, your estate planning attorney can prepare a new one for you. The new certification should accurately reflect the current state of your trust at the time it is signed. ## **Do You Need a Certification of Trust or a New Trust?** If you already have an Arizona revocable living trust and need a certification of trust prepared, or if you are ready to create a new trust and comprehensive estate plan, Arizona estate planning attorneys Richard Keyt (480-664-7478) and his son Richard C. Keyt (480-664-7472) are here to help. We have prepared estate plans for hundreds of Arizona families and can make the process simple, fast, and stress-free. Call us, email us, or book a free office, phone, or Zoom meeting today. *See our full article on [Arizona Certification of Trust Keeps Your Estate Plan Private](https://www.keytlaw.com/certification-of-trust/) for additional information.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch this [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). Our estate plans include a Certification of Trust. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Wills: Why Every Resident Needs a Will | KEYTLaw](https://www.keytlaw.com/arizona-will/) **Published:** April 11, 2026 **Author:** Richard Keyt **Content:** # Why Every Arizona Resident Needs a Will By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![will](https://www.keytlaw.com/wp-content/uploads/2026/04/will-scaled.png "will - KEYTLaw") ## Our 5-Star Reviews Excellent [KEYTLaw LLC](https://www.keytlaw.com/)4.9 [See all reviews](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Cindy S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My son passed away in AZ where he lived. I, his mother live in Savannah, GA. Not familiar with AZ law, I went to the Keyt Law offices in Phoenix. Richard Keyt Jr. was very welcoming and helpful from the start and all the way through Probate. Any questions that I had, he answered promptly and efficiently. I would highly recommend this Law firm. I am very pleased! Thank you Richard!!!!! [Divine Doors Assisted Living, L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My attorney Ricky with KEYTLaw has been so helpful through the process of starting my business. I am grateful to him and his staff for their timely assistance and for their expertise. [Mark B.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Laura H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have worked with Keyt law for many years, they’ve helped me form all of my LLCs, create my estate plan, and handle many other legal matters. Their staff is always friendly, responsive, and professional, making every process smooth and stress free. I highly recommend Keyt Law to anyone looking for knowledgeable attorneys who provide exceptional service. [Lucia W.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I first contacted Keyt Law firm when I was thinking about opening up my own nonprofit business. Everyone that I spoke to was very patient and knowledgeable in going through the steps necessary to make sure that I was comfortable in what I was endeavoring to do. Special thanks to Noah who was always available to answer my questions and guided me through all the steps. I am very confident in recommending Keyt Law Firm. [Greg M.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Noah is very helpful with a can do attitude. I wish the world had more like him. [montetackett](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Easy, affordable and accurate. [Valli Dawn H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard, Noah and the team at Keyt Law did a great job helping us with several estate and corporate planning goals we had. They were prompt, thorough, provided great communication and we will contact them again anytime we need updates or help. [Joseph Z.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Awesome services and great communication. Highly recommended! [Susan R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Twenty years ago I decided to start a non profit with no business experience and a vision of helping teens who were facing multiple challenges. I found Keyt Law online with free information for start ups like mine. I randomly called the office and Mr. Keyt answered the phone. I explained my mission and he spent the next hour taking me through the process. He never sent me a bill for his invaluable time. Keyt Law has been my statutory agent since then with a very small fee. Any time I have a question or problem they are there for me. The integrity of this law firm is a direct reflection of its Founder. I was blessed to have them by my side. Special thanks to Noah from accounting who helped me with my annual report! [Andrew K.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very efficient service. My experience is limited to the formation of two LLCs. They were handled very well and quickly. The price was also reasonable. [Jerry G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Used them to set up LLC and annual renewal. Seamless and easy to work with. [M.M. R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very glad to give 5 star rating to KeithLaw firm. We have established an IRA LLC from 13 years ago with assistance from this very client friendly law firm. I found them to be very reliable, courteous and easy to work with. I still talk to them from time to time for timely advice as needed. I very strongly recommend this friendly family friendly legal firm to any one in need of legal help particularly those from retired community. [Mary E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law Firm was great in helping us set up our LLC and keeping us informed when things need to be renewed. [Eric G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard’s expertise and guidance made a big difference for us and we would not have been able to do this without his knowledge. He was kind enough to “warn us” that our first 1023 application may not get IRS approval because it wasn’t mission driven enough. That caused us to completely reframe our entire concept and a complete redo of the form and it worked out so well that we actually got approval from the IRS two weeks after submitting our form 1023 along with an expedited request. Thank you so much Richard! [Justin G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very helpful with setting up business organizations. [Latrice J.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I absolutely appreciate this firm because they have assisted me With my nonprofit in terms of setting it up and assisting me with education via their website and much more. I would not be able to continue helping survivors and domestic violence without their support. [Kara E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard Keyt Jr. is one of the most knowledgeable and thorough attorneys I have worked with. We hired Richard to review trust, estate, and loan documents that had been prepared by another attorney. During his review, he identified a significant issue that could have resulted in approximately hundreds of thousands of dollars in unnecessary tax consequences. His analysis likely saved our family an enormous amount of money and gave us confidence that the documents were accomplishing what was actually intended. When revised documents were later prepared, Richard reviewed those as well and identified additional concerns that warranted further attention. His willingness to carefully review every detail and ask the difficult questions provided an extra level of protection that was invaluable. What sets Richard apart is his ability to explain highly complex trust, estate, and tax issues in a way that ordinary people can understand. He is approachable, patient, and easy to talk to. He can support his opinions with statutes and case law, yet he never comes across as arrogant or intimidating. When dealing with important family, trust, and estate matters, you need someone who is willing to look beyond the surface and identify problems before they become expensive mistakes. Richard did exactly that for us. His expertise, attention to detail, and commitment to protecting his clients’ interests gave us tremendous peace of mind. I recommend Richard Keyt Jr. without hesitation. If you are looking for an attorney who combines exceptional legal knowledge with practical, understandable advice, Richard is an excellent choice. [Jacqueline F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) They set up my LLC 5 years ago and have been taking great care of me ever since! 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They are great about providing their customers with information they should know about and there is no pressure to upsell you further services. [Garratt P.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Exceptionally professional, informative, and easy to work with. Richard Keyt Jr. made the process seamless and informative. The Gold Package is worth every penny. You will also receive this beautiful leather bound book with all your documents. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## What Is a Last Will & Testament — Why Every Arizona Resident Needs It a **We want to help you protect your most valuable assets — your loved ones.** You are going to die. You don’t know when. You don’t know how. But it will happen — and when it does, one of two things will be true: either you left a plan that protects the people you love, or you left a mess that they will have to clean up while still grieving your loss. If you are an Arizona resident without an estate plan, you are leaving a mess. This article explains what a Last Will & Testament is, why you need one, and — critically — why a will alone is not enough to truly protect your family. **What is a last will & testament?** A Last Will & Testament — commonly called a “will” — is a legal document in which you, the *testator* (the person making the will), declare in writing: - Who receives your property when you die - Who raises your minor children if both parents are gone (the *guardian*) - Who manages and distributes your estate — called your *personal representative* (what other states call an executor) - Any specific gifts of money, personal property, or real estate to individuals or charities In Arizona, a valid will must be in writing, signed by you, and witnessed by at least two people who are also present and signing at the same time. That requirement comes from Arizona Revised Statutes [Section 14-2502](https://www.azleg.gov/ars/14/02502.htm). Arizona also allows *holographic wills* — entirely handwritten and signed in your own hand — under Arizona Revisded Statutes [Section 14-2503](https://www.azleg.gov/ars/14/02503.htm). But holographic wills are frequently contested, misinterpreted, or thrown out by courts. A professionally drafted will is always the better choice. **What happens if you die without a will?** If you die without a valid will, you die *intestate* — and Arizona law takes over completely. The state has a rigid formula for distributing your assets under Arizona Revised Statutes Sections 14-2101 through 14-2114. The law does not care: - That you wanted your daughter to have the house - That you were estranged from a sibling for 30 years - That your longtime partner — who was never legally married to you — was the love of your life - That you wanted to leave something to your church, your favorite charity, or a scholarship fund **The law doesn’t know you. It never will. It will distribute your estate to whoever the statute says should receive it — full stop. A distant relative you’ve never met could inherit everything you worked your entire life to build, while the people who mattered most to you receive nothing.** And if you die with no living relatives at all? Your entire estate *escheats* — meaning the State of Arizona inherits everything you own. ## **Harm Caused by Dying with No Will or Trust** **1. A stranger decides who raises your children** Without a will naming a guardian to raise your minor children, a probate judge — someone who has never met your family — decides who will raise your minor children. That judge may choose someone with completely different values, beliefs, or parenting philosophies than yours. A will is the legal document that Arizona residents use to designate who will raise minor children. **2. Your estate gets stuck in probate court** Even with a will, your estate goes through *probate* — a public, often lengthy, court-supervised process. Probate in Arizona can take months or years. Court costs and attorney fees eat into what you leave behind. And while probate drags on, your family may have no access to funds to pay bills, cover your funeral, or keep a business running. **3. Your unmarried partner inherits nothing** Arizona does not recognize common-law marriage. If you have lived with a partner for years — even decades — but were never legally married, that person has **zero automatic inheritance rights** under Arizona law. Your partner could be forced out of the home you shared while your relatives receive all of your assets. **4. Estranged relatives could receive your estate** Arizonan itestacy law distributes assets based on family relationships alone — not the quality of those relationships. A parent, sibling, or cousin you haven’t spoken to in years could inherit a share of your estate simply because the statute says so. **5. Your heirs’ inheritance is left unprotected** Even if your assets reach the right people, without proper planning, an heir’s inheritance can be seized by their creditors, lost in a divorce, or wiped out in a bankruptcy. A well-designed estate plan protects your beneficiaries’ inheritance from those threats — not just during your lifetime, but after you are gone **6. Family conflict tears your loved ones apart** No plan means no clear direction. No clear direction means disagreements. Disagreements during grief become permanent rifts. Families have been destroyed by battles that erupt when a loved one dies without a will. You have the power to prevent all of that with a will. ## **Critical truth: a will alone is not a complete estate plan** Here is something most Arizona residents don’t know: even if you have a valid will, your estate will still go through probate court. A will is a set of instructions to a probate judge — it does not avoid probate. It simply tells the court what to do after it gets involved. Probate is public, slow, and expensive. We charge $5,000 for a simple uncontested probate. Anyone can look up your probate case — your assets, your debts, and who received what all become a matter of public record. And joint tenancy or beneficiary designations on a few accounts are not a substitute for a full plan. Those tools only cover specific assets and leave significant gaps. The cornerstone of proper Arizona estate planning is a **Revocable Living Trust**. When your assets are held in a properly funded trust, they pass directly to your beneficiaries after your death — completely outside of probate court. No court. No delays. No public record. No unnecessary expense. But there is more. The most advanced estate plans also protect your beneficiaries by placing their inheritance inside an **irrevocable asset-protected trust**. This means that what you leave your children or other loved ones cannot be seized by their creditors, cannot be taken by a divorcing spouse, and cannot be swept away in a bankruptcy proceeding. Your hard-earned legacy stays in the family — exactly where you intended it to go. **Common excuses — and why none of them hold up** **“I’m too young to worry about this.”** Tragedies do not wait until your affairs are in order. People of every age die unexpectedly. The time to plan is when you are healthy and thinking clearly — not after a crisis forces the issue. **“I don’t have enough assets.”** A plan isn’t only about money. It’s about who raises your children, who manages your finances if you become incapacitated, and who makes your medical decisions. Those issues affect everyone. **“My spouse gets everything automatically.”** One of the most dangerous myths in estate planning. In blended families, with children from prior relationships, or with separate property, Arizona’s intestacy laws can produce results that are shocking — and completely contrary to your wishes. **“I have beneficiary designations.”** Beneficiary designations only cover specific accounts. They don’t govern your home, your personal property, your business interests, or your debts. They also don’t protect your beneficiaries from creditors or divorce courts. **“I’ll take care of it later.”** Later never comes for some people. And when later becomes never, your family pays the price — in court, in conflict, and in grief. **The bottom line** A Last Will & Testament is not a document only for the elderly or the wealthy. It is a document for every adult in Arizona who has people they love, assets they’ve worked for, or wishes they want honored. But a will alone is not enough. Without a Revocable Living Trust, your family will still face probate court. Without asset-protection provisions for your beneficiaries, the inheritance you leave behind is vulnerable. A complete estate plan addresses all of it — and gives you, and the people you love, genuine peace of mind. You have worked too hard and loved too much to leave your legacy to chance. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch thie [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). Our estate plan includes a Last Will & Testament. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Revocable Living Trust FAQs](https://www.keytlaw.com/arizona-revocable-living-trust-faqs/) **Published:** April 15, 2026 **Author:** Richard Keyt **Content:** ## Arizona Revocable Living Trust Frequently Asked Questions By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![](https://www.keytlaw.com/wp-content/uploads/2026/04/trust-faq-1024x559.png "trust-faq - KEYTLaw") After decades of helping Arizona families protect their loved ones, we’ve heard the same questions over and over about revocable living trusts. Good questions. Important questions. The kind that deserve straight answers — not legal jargon. Here are the most frequently asked questions about revocable living trusts, answered in plain English. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Arizona Living Trust FAQ Everything You Need to Know ## The Basics ## **1. What is a revocable living trust?** A revocable living trust is a legal document you create during your lifetime that holds your assets — your home, bank accounts, investments, and more — and controls what happens to them when you die or become incapacitated. It passes your estate to your loved ones completely outside of probate court, quickly and privately, exactly according to your instructions. The word *revocable* means you’re in charge. You can change it, update it, or cancel it entirely at any time while you’re alive. ## **2. What’s the difference between a will and a revocable living trust?** A will is a document that says what you *want* to happen to your assets after you die. But here’s the catch — a will does not avoid probate. In fact, a will *guarantees* probate. Your family must go to Arizona probate court to get the will approved, and the entire process plays out in public, on a court schedule, at significant cost. A revocable living trust, by contrast, works outside the court system entirely. When you die, your successor trustee follows the instructions you left inside the trust and distributes your assets to your future beneficiaries — no court, no judge, no waiting, no public record. **A will alone is not a complete estate plan. A trust is.** ## **3. What does “living” mean in “living trust”?** It simply means you created the trust while you’re alive. That’s all. It distinguishes it from a testamentary trust, which is created inside a will and only goes into effect after you die — and only after going through probate first. ## **4. What does “revocable” mean?** It means you retain full control. You can amend, modify, or revoke your trust entirely at any time while you are alive and mentally competent. Nothing is permanent. If your life changes — a divorce, a new grandchild, a change of heart about who gets what — you can update the trust to reflect your new wishes. ## **5. Is a revocable living trust the same as a “family trust” or a “living trust”?** Yes. Those are all names for the same thing. You may also hear it called a “revocable trust,” “inter vivos trust,” or “grantor trust.” They all refer to the same core legal tool: a trust you create during your lifetime that you control and that avoids probate of your assets at your death. ## How It Works ## **6. Who are the key people in a revocable living trust?** When you create a revocable living trust, you typically wear three hats at once: - **Trustmaker (also called Grantor or Settlor):** You created the trust. It belongs to you. - **Trustee:** You manage all the assets inside the trust. You sign checks, sell property, and make decisions — exactly as you do today. - **Current Beneficiary:** You benefit from the trust assets while you’re alive. You also name: - **Successor Trustee:** The person (or institution) who takes over managing the trust if you become incapacitated or when you die. This person carries out your instructions in your trust agreement without ever going to court. - **Future Beneficiaries:** The people (or organizations) who receive your assets after you die. ## **7. Does a revocable living trust become irrevocable when I die?** Yes. At the moment of your death, your revocable living trust locks in permanently — it becomes irrevocable. Your successor trustee then has a clear set of instructions stated in your trust agreement to follow and the legal authority to distribute your assets to your beneficiaries according to the trust agreement. At that point, no one can change the terms of the trust. ## **8. What is a successor trustee?** Your successor trustee is the person you name in your trust agreement to step in and manage your affairs if you become incapacitated — or to distribute your assets after you die. While you’re alive and capable, you serve as your own trustee. The successor trustee has no power until you can no longer serve. Choose someone you trust completely: a spouse, an adult child, a sibling, or a close friend. You can also name a professional trustee or a bank trust department. ## **9. Can I be my own trustee?** Absolutely. In fact, that is the norm. You create the trust, you serve as trustee, and you manage everything in it just as you do today. There is no loss of control. You simply have a legal structure — the trust — holding title to your assets while you remain in complete command. ## **10. What is a certification of trust?** A certification of trust is a short summary document that confirms your trust exists and identifies the trustee’s authority — without revealing the private details of your trust. When you open a bank account in the name of your trust, refinance your home, or deal with a title company, they often want proof the trust exists. You give them the certification of trust instead of your entire trust document. It protects your privacy while giving the institution what it needs. ## Superior Court Probate ## **11. What is probate and why should I avoid it?** Probate is a court-supervised legal process that validates your will, pays your debts, and distributes what’s left to your heirs. It sounds orderly. In practice, it is slow, expensive, and public. In Arizona, probate typically takes **5 to 12 months** — sometimes longer. Attorney fees, court costs, and executor fees can consume **3% to 7% of your estate’s value.** On a $500,000 estate, that’s up to $35,000 that should have gone to your children but didn’t. Worse, every document filed in probate is a **public record.** Anyone can walk into the courthouse or go online and find out what you owned and who got it. A revocable living trust eliminates all of that. ## **12. Does a revocable living trust completely avoid probate?** Yes — but only for assets that have been properly transferred into the trust. A trust that holds your home, your bank accounts, and your investment accounts will pass all of those assets to your beneficiaries without probate. Assets you own in your personal name — outside the trust — at the time of your death may still go through probate. This is why “funding” your trust (actually transferring your assets into it) is just as important as creating it. ## **13. What is an “unfunded” trust and why is it a problem?** An unfunded trust is one that was properly drafted but never actually received your assets. Your home was never transferred into it. Your bank accounts were never retitled. The trust exists on paper but owns nothing. If you die with an unfunded trust, your estate will likely go through probate anyway — because your assets are still in your personal name. An unfunded trust is like building a safe and leaving all the gold on the floor next to it. At KEYTLaw, every estate plan we prepare includes a deed transferring your home into the trust. We don’t let you leave with an unfunded trust. ## **14. What if I own real estate in another state? Do I still avoid probate?** Yes — that’s one of the most powerful advantages of a revocable living trust. Without a trust, real estate you own in another state triggers a separate probate proceeding in that state (called “ancillary probate”) in addition to the Arizona probate. Each one costs money and time. If your Arizona trust holds title to your Arizona home and your Colorado cabin, both pass to your beneficiaries without any court involvement in either state. ## Protecting Your Family ## **15. What happens to my trust if I become mentally incapacitated?** This is one of the most underappreciated benefits of a revocable living trust. If you suffer a stroke, develop dementia, or are seriously injured and can no longer manage your own affairs, your successor trustee steps in immediately and manages your trust assets for your benefit. No court. No conservatorship proceeding. No judge deciding who controls your life. You chose that person. You made the plan. It executes quietly. Without a trust (and without a financial power of attorney), your family may have to petition the Arizona Superior Court to become your legal conservator — a proceeding that costs thousands of dollars, takes months, requires ongoing court reporting, and is entirely public. ## **16. Does a revocable living trust protect my beneficiaries’ inheritance from their creditors or a divorcing spouse?** A basic revocable living trust does not. But here’s what’s possible: for an additional fee we can include text in your trust agreement that creates an **irrevocable asset-protected trust** for each of your beneficiaries. When you die and your assets flow to your children or other heirs, their inheritance goes into their individual asset-protected trusts — shielded from their creditors, their divorcing spouses, and their bankruptcy courts, potentially for the rest of their lives. This is one of the most powerful tools we build into estate plans for clients who want to truly protect what they’re leaving behind. ## **17. Can my trust include instructions for how and when my beneficiaries receive their inheritance?** Yes. That’s one of the great strengths of a trust over a simple beneficiary designation. You can instruct your trustee to: - Hold a grandchild’s inheritance until they turn 25 (or 30, or 35) - Distribute an inheritance in stages — one-third at 25, one-third at 30, the balance at 35 - Provide for a special-needs family member without disqualifying them from government benefits like Medicaid or SSI - Make distributions for health, education, and living expenses but not a lump sum A revocable living trust lets you control assets from beyond the grave — with love and wisdom. ## **18. Can a revocable living trust protect a special-needs beneficiary?** Yes, with proper planning. A standard inheritance given directly to a person receiving government benefits (like Supplemental Security Income or Medicaid) can disqualify them from those benefits. A **special needs trust** — also called a supplemental needs trust — is structured to provide additional support without counting as a resource for purposes of those benefit programs. This is a critically important planning technique for families with a disabled child, sibling, or other loved one. Our trust agreements provide that if a beneficiary is or ever becomes a special needs person his or her trust will automatically become a special needs trust so the beneficiary will not lose any government benefits. ## Taxes and Finances ## **19. Will a revocable living trust save me money on income taxes?** No. While you’re alive, a revocable living trust is ignored for income tax purposes. It does not file any tax returns. All income from trust assets is reported on your personal income tax return, exactly as before. Your tax ID number stays the same. Nothing changes on your tax return. ## **20. Does a revocable living trust help with estate taxes?** A basic revocable living trust does not reduce estate taxes on its own. However, for married couples with larger estates, a trust can be structured with tax planning provisions — such as a bypass trust or credit shelter trust — that maximizes the use of both spouses’ estate tax exemptions and potentially reduces estate tax exposure. This requires specific planning and is not part of every estate plan. For most Arizona families, the federal estate tax exemption (currently $15,000,000 per person) means estate tax is not a concern for most Americans. But it’s worth discussing with your attorney. ## **21. Does putting my home in a trust affect my property taxes?** No. Transferring your home into a revocable living trust in Arizona does not trigger a property tax reassessment or affect your property taxes. It also does not affect your homestead exemption. This is a common concern, and the answer is reassuring: the transfer is invisible to the county assessor for property tax purposes. ## **22. Does a revocable living trust protect my assets from my own creditors?** No. Because you retain full control over a revocable trust, your creditors can still reach trust assets. A revocable living trust is not a creditor-protection tool for the person who created it. If asset protection for yourself is a goal, there are other planning structures (such as an Arizona LLC or an irrevocable trust) that may be appropriate. ## Common Misconceptions ## **23. I just have a will — isn’t that enough?** For most Arizona homeowners, a will alone is not enough. A will does not avoid probate. It guarantees it. If you own a home, have children, or have any significant assets, a will-only plan will put your family through the time, expense, and public exposure of probate court when you die — when a trust could have prevented all of it. ## **24. Can’t I just add my kids to the deed to avoid probate?** This feels like a shortcut, but it’s a trap. When you add an adult child to the title of your home as a joint tenant, you’ve made an irrevocable gift of a partial ownership interest — and you’ve exposed your home to that child’s creditors, their divorcing spouse, and their potential bankruptcy judgment. If your child is sued and loses, his or her creditor may be able to reach and take your child’s interest in your house — the house you’re still living in. **Joint tenancy is not estate planning.** ## **25. Don’t my beneficiary designations on my IRA and life insurance take care of everything?** Beneficiary designations are important, but they are not a substitute for a complete estate plan. They only cover the specific accounts that carry them. They say nothing about your home, your car, your jewelry, your bank accounts, or your business. More importantly, if you name a child directly as your IRA beneficiary and that child is involved in a lawsuit, a divorce, or a bankruptcy when you die, that inherited IRA may be vulnerable — exactly when your child needs it most. A properly designed trust, with an asset-protected beneficiary trust for each heir, addresses all of this. ## **26. I’m not wealthy. Do I really need a trust?** This is the most common misconception we encounter. A revocable living trust is not a tool for the wealthy. It’s a tool for anyone who owns a home, loves their family, and wants to protect both. If you own a home in Arizona, your estate will almost certainly go through full probate without a trust. If you have children, you want to name a guardian and protect their inheritance. If you have a retirement account, you want to control how and when those funds are distributed. If you’ve been married more than once, a trust is essential. You don’t need a mansion and a yacht to deserve a real estate plan. You just need to love someone. ## **27. Can I use an online service to create a trust?** You can. But consider the risk. A revocable living trust is a legal document that must be properly drafted, properly executed (signed with specific legal formalities), and properly funded (assets actually transferred into it). An online form that gets any one of those three things wrong can fail completely when your family needs it most. The most common failure we see is the unfunded trust — a document that was created online but never had the home transferred into it. That trust offers exactly zero protection from probate. We know what works, what fails, and what Arizona courts do to DIY documents. Done correctly, your trust will protect your family during the worst moment of their lives. Done incorrectly, it won’t. ## The KEYTLaw Estate Plan ## **28. What’s included in a KEYTLaw estate plan?** Every KEYTLaw estate plan is a complete, coordinated system — not just a trust document. You receive all of the following: 1. **Revocable Living Trust** — the cornerstone; avoids probate 2. **Certification of Trust** — for banks, title companies, and financial institutions 3. **Healthcare Power of Attorney** — names someone to make medical decisions for you if you can’t 4. **HIPAA Authorization** — allows your named person to receive your medical information 5. **Financial Power of Attorney** — authorizes someone to manage your finances if you’re incapacitated 6. **Living Will (Advance Healthcare Directive)** — documents your end-of-life wishes 7. **Deed transferring your home into the trust** — so your home avoids probate 8. **Designation of Guardian for Minor Children** — names who will raise your children if you cannot 9. **Assignment of Personal Property to the Trust** — moves your personal belongings into the trust 10. **Personal Property Memorandum** — a flexible document you can update at any time to direct specific items to specific people, without changing your trust See the [36 documents and services](https://www.keytlaw.com/ep-contents) contained in our estate plan with a revocable living trust. We prepare complete estate plans. Not a template. A real, custom-drafted legal plan built around your life, your family, and your goals. ## **29. How much does a KEYTLaw estate plan cost?** We keep our fees fair and accessible because we believe every Arizona family deserves a proper estate plan. The cost of a complete estate plan is almost always a small fraction of what your family would spend on probate if you died without one. **[Book a free consultation to discuss your situation and get exact pricing.](https://www.keytlaw.com/calendar)** No obligation. No pressure. Just an honest conversation. ## **30. How do I get started?** The first step is to book a free consultation — by phone, Zoom, or in person at our Scottsdale office. There is no charge. We will talk about your family, your assets, and your goals, and we’ll tell you exactly what we recommend and what it will cost. **📅 Book your free meeting here:** **** **🌐 Learn more about Arizona estate planning:** ## **31. Still Have Questions?** Call or email us directly — we don’t charge to talk to people. **Richard Keyt** (the father) Direct: 480-664-7478 **Richard C. Keyt** (the son, former CPA) Direct: 480-664-7472 *We serve clients throughout Arizona, including Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria and Queen Creek.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch this [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Probate Law: Frequently Asked Questions | KEYTLaw](https://www.keytlaw.com/arizona-probate-faq/) **Published:** April 25, 2026 **Author:** Richard Keyt **Content:** # Arizona Probate Frequently Asked Questions By [**Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Probate Attorney [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), is an Arizona probate attorney. He and his father have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). Ricky wants to represent the personal representative of an Arizona probate. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar) with Ricky. To hire Ricky to do your probate complete our online [Probate Legal Service Agreement](https://www.keytlaw.com/az-probate/). ![probate-faq](https://www.keytlaw.com/wp-content/uploads/2026/04/probate-faq-scaled.png "probate-faq - KEYTLaw") If you have ever watched a family get stuck waiting six months — or longer — to inherit a home or close a bank account, you have seen Arizona probate in action. It is slow, it is expensive, it is public, and in most cases it is completely avoidable. Below I answer the questions Arizona families ask me most often about probate. My goal is straightforward: help you understand what probate is, what it costs, and — most importantly — how a revocable living trust lets you sidestep the entire process and protect the people you love. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Arizona Probate FAQ: Everything You Need to Know ## The Basics: What Is Arizona Probate? ## **1. What is Arizona probate?** Arizona probate is a legal proceeding in Arizona Superior Court in which a judge or court registrar supervises the payment of a deceased person’s debts and the transfer of their remaining assets to the people who are legally entitled to receive them. Think of it this way: when you die, your assets don’t just automatically go to your family. If those assets are in your name alone — without a beneficiary designation, a trust, or a right-of-survivorship title — the court has to get involved to officially move that property to your heirs. That process is called Superior Court probate. One critical point that surprises many people: **a will does not avoid probate.** A will is simply the document that tells the probate court how you want your assets distributed. It does not prevent the court proceeding from happening — it just provides the court with your instructions for that proceeding. ## **2. What does “testate” and “intestate” mean?** If you die with a valid will, you died *testate* — and your probate assets are distributed according to your will’s instructions. If you die without a valid will, you died *intestate* — and Arizona’s intestate succession laws (A.R.S. § 14-2101 et seq.) decide who gets what. Those laws may not match your wishes at all. For example, if you are not married to your long-term partner, Arizona law may give your estate to distant relatives instead of the partner you intended to provide for. ## **3. What assets go through probate?** Only “probate assets” go through the Arizona probate court. A probate asset is any property that (1) the deceased owned an interest in at the time of death, and (2) does not transfer automatically by law or contract to another person or entity. Common **probate assets** include: - Real estate titled in the deceased’s name alone (without a beneficiary deed or right-of-survivorship title) - Bank and investment accounts with no named beneficiary - Vehicles and personal property - Business interests owned individually Common **non-probate assets** — assets that pass outside probate — include: - Life insurance and annuity proceeds with a named beneficiary - Retirement accounts (IRAs, 401(k)s) with a named beneficiary - Real estate held as joint tenancy or community property with right of survivorship - Real estate subject to a valid recorded Arizona beneficiary deed - Assets held in a trust (the trustee distributes them according to the trust agreement) ## **4. What is the difference between a devisee and an heir?** A *devisee* is someone named in a will to receive property. An *heir* is someone entitled to property under Arizona’s intestate succession law — meaning no valid will exists. The practical difference matters: if you die intestate, Arizona law determines your heirs, and they may not be the people you would have chosen. Arizona residents: [Learn Who Inherits Your Assets if You Die without a Will or Trust](https://www.keytlaw.com/ep-intestate-succession/) — a detailed article explaining Arizona’s intestacy laws and who is legally entitled to your estate if you die without a plan. ## Three Types of Arizona Probates ## **5. What are the three types of Arizona probate?** Arizona law recognizes three types of probate proceedings, each with a different level of court supervision: 1. **Informal Probate** — The most common type. Overseen by a court registrar (a judge, court clerk, or commissioner) rather than a full judge. Generally cheaper and faster than the other two types because court involvement is minimal. Most uncontested probates in Arizona are informal. 2. **Formal Probate** — Full court litigation, typically required when a will is contested, when someone challenges the appointment of a personal representative, or when other disputes arise among heirs. This can include hearings, depositions, discovery, and even a trial — just like any other civil lawsuit. 3. **Supervised Probate** — A hybrid. Administratively similar to an informal probate, but the personal representative must obtain court approval before selling real estate or making any distributions to heirs. The personal representative must also file annual and final accountings with the court. ## **6. Who can open an Arizona informal probate?** Any of the following may petition the court to open an informal probate: a surviving spouse; an adult child, parent, sibling, or other heir of the deceased; a person nominated as personal representative in the will; a creditor of the deceased (after 45 days from death); or the public fiduciary if no one else steps forward. ## **7. Who can open a formal probate?** Any “interested person” — someone with a financial or legal stake in the estate — may file a petition to initiate a formal probate. A formal probate can be filed even if an informal probate is already open. ## The Arizona Probate Process Step by Step ## **8. What actually happens during an Arizona probate?** Here is how an informal Arizona probate typically unfolds: 1. **File the petition.** The prospective personal representative files an Application for Appointment with the Arizona Superior Court, asking the court to accept the will for probate (if there is one) and to formally appoint a personal representative to manage the estate. 2. **Court issues Letters Testamentary.** If the court approves the petition, it issues a document called “Letters Testamentary,” which is the official authorization that allows the personal representative to act on behalf of the estate — signing documents, accessing accounts, and selling property. 3. **Publish Notice to Creditors.** The personal representative publishes a Notice to Creditors in a local newspaper once a week for three successive weeks. This starts the four-month creditors’ claim period. Creditors who do not file a claim within four months after first publication are forever barred from collecting. 4. **Notify heirs and devisees.** Within 30 days of appointment, the personal representative must formally notify all heirs and devisees (beneficiaries named in the will) of the probate opening. 5. **Prepare an inventory.** Within 90 days of appointment, the personal representative must prepare a detailed inventory of the decedent’s assets, including fair market values as of the date of death. 6. **Pay debts and taxes.** The personal representative collects probate assets, pays valid creditor claims, and files any required federal and state tax returns. 7. **Distribute assets.** After the four-month creditors’ period has run, the personal representative distributes the remaining assets to the devisees (under a will) or heirs (under intestate succession). 8. **Close the probate.** The personal representative files a closing statement or petitions the court to formally close the estate. ## **9. How long does an Arizona probate take?** In the best-case scenario — an uncontested informal probate with a cooperative family — expect **five to eight months** from opening to closing. That minimum exists because the law requires a four-month creditors’ claim period before the estate can close. Complex probates or contested estates (formal probate) can stretch to **one to two years or longer**, especially if a trial becomes necessary. ## **10. Is the process public?** Yes. Arizona probate is a public court proceeding. The inventory of assets, the value of the estate, the names of beneficiaries, and the distribution of property all become part of the public court record — accessible to anyone who looks. A revocable living trust is private. No court filing is required, and the terms of your trust remain confidential. ## The Personal Representative ## **11. What is a personal representative?** The personal representative (called an “executor” or “executrix” in many other states) is the person or institution appointed by the court to administer the estate. The personal representative is a **fiduciary** — meaning they are legally required to act in the best interests of the estate and its beneficiaries, not their own interests. ## **12. Who can serve as personal representative?** Arizona law sets a priority order for who may be appointed. In rough order: (1) the person named as personal representative in the will, (2) the surviving spouse if they are also a beneficiary under the will, (3) other beneficiaries named in the will, (4) the surviving spouse even if not in the will, (5) other heirs, and (6) creditors after 45 days from death. A person under 18 and foreign corporations cannot serve. ## **13. What are the personal representative’s duties?** The personal representative’s duties include: publishing the Notice to Creditors; notifying heirs and devisees; inventorying and appraising all probate assets; collecting and safeguarding assets; paying valid debts and taxes; managing estate property; and ultimately distributing the remaining assets to the rightful beneficiaries. Failure to perform these duties properly can expose the personal representative to **personal liability** — meaning they can be sued for mistakes that harm the estate. ## **14. Does the personal representative need to post a bond?** A bond is required unless: (1) the will expressly waives the bond requirement, (2) all heirs or devisees file a written waiver with the court, or (3) the personal representative is a qualifying financial institution. The bond amount is generally equal to the total value of the estate’s personal and real property plus one year’s expected income. ## **15. Is the personal representative entitled to be paid?** Yes. Arizona law provides that a personal representative is entitled to “reasonable compensation” for their services. If the will specifies a compensation amount and the personal representative accepts the appointment, that amount controls — unless the personal representative formally renounces that provision before qualifying, in which case they are entitled to reasonable compensation under the law. ## The Cost of Arizona Probate ## **16. How much does an Arizona probate cost?** The total cost of an Arizona probate includes: - **Attorney’s fees** — Unlike California, Arizona does not allow attorneys to charge a percentage of the estate’s value. Attorneys charge hourly rates. A simple, uncontested informal probate we do is **$5,000** in attorney’s fees alone, regardless of the estate’s size. Contested or complex probates cost significantly more. - **Court filing fees** — The Maricopa County Superior Court filing fee is approximately $206. - **Publication costs** — Publishing the Notice to Creditors in a newspaper costs roughly $30–$60. - **Bond premiums** — If a bond is required, there is an annual premium cost. - **Personal representative compensation** — Unless waived, this is an additional cost to the estate. KEYTLaw handles uncontested informal Arizona probates for **a flat fee of $5,000**. The personal representative pays this fee when hiring us, and then the estate reimburses the personal representative — so the money does not come out of the personal representative’s own pocket permanently. By contrast, a comprehensive revocable living trust-based estate plan from KEYTLaw **avoids probate entirely** — typically at a fraction of what even a simple probate would cost, and without the delay, court supervision, or public disclosure. ## How to Avoid Arizona Probate ## **17. How does property transfer after death without probate?** When an Arizona resident dies, all property passes by one of three methods: 1. **By operation of law** — automatically, without a court proceeding; 2. **By contract** — according to a legally binding beneficiary designation or trust agreement; or 3. **By Arizona probate law** — through the Superior Court process. The goal of proper estate planning is to ensure that all of your assets pass by method 1 or 2, so that nothing is left for method 3. ## **18. What types of property transfer automatically by law?** Arizona law provides that certain property passes automatically at death without any court proceeding: - **Joint tenancy property** — When one joint tenant dies, that person’s interest passes automatically to the surviving joint tenant(s). - **Community property with right of survivorship** — When one spouse dies, their community property interest passes automatically to the surviving spouse. *Important note:* Regular community property (without the right of survivorship) does *not* transfer automatically — it becomes a probate asset. Always check the deed to see exactly how title is held. - **Arizona Beneficiary Deed** — A beneficiary deed is a recorded deed that names who receives your real estate at death. As long as the deed was properly signed and recorded during your lifetime, the property passes to the named beneficiary without probate. This is an excellent tool for single-asset situations. To hire us to prepare a Beneficiary Deed for Arizona real property submit our online questionnaire. To learn more about Beneficiary Deeds go to: - [Are Your Loved Ones Protected If Something Happens to You](https://www.arizona-wills.com/beneficiary-deed-prep/)? - [How to Avoid Probating Arizona Land: Guide to Beneficiary Deeds](https://www.keytlaw.com/arizona-beneficiary-deed-avoid-probate/) - [Benefits of an Arizona Beneficiary Deed](https://www.keytlaw.com/ep-arizona-beneficiary-deeds/) - To hire us to prepare a Beneficiary Deed for $495 [complete and submit our Arizona Beneficiary Deed questionnaire](https://www.arizona-wills.com/deed/). ## **19. What types of property transfer by contract, without probate?** The most common contractual transfers that avoid probate are: - **Life insurance, annuities, and retirement accounts** — These pass directly to your named beneficiaries outside of probate. If no beneficiary is named — or if the named beneficiary predeceases you and no contingent beneficiary was designated — the asset can become a probate asset. - **Trust assets** — Property held in the name of a trustee under a trust agreement passes according to the trust’s instructions at death, completely outside probate. This is the most powerful and flexible probate-avoidance tool available. ## **20. What is a revocable living trust, and how does it avoid probate?** A revocable living trust is a legal agreement you create during your lifetime. You transfer ownership of your property — your home, bank accounts, investments, business interests — into the trust. You serve as your own trustee while you are alive and well, so you maintain complete control. You can amend or revoke the trust at any time. When you die, the successor trustee you named (your spouse, adult child, or trusted friend) steps in and distributes your assets to your beneficiaries exactly as you instructed — without filing anything in court, without waiting months, and without the matter becoming a public record. This is why I tell every Arizona family: **a will alone is not a complete estate plan.** A will tells the probate court what you want. A revocable living trust keeps your family out of probate court entirely. ## **21. Do I need to transfer my assets into the trust for it to work?** Yes — and this is one of the most common mistakes people make. Creating the trust is only the first step. For the trust to work as intended, you must actually *fund* it — meaning you must legally transfer title to your assets into the trust’s name. Real estate must be transferred by a new deed. Bank and investment accounts must be re-titled. Business interests need to be reassigned. If an asset remains in your personal name at death rather than in the trust, it becomes a probate asset and the whole point of the trust is defeated for that asset. At KEYTLaw, every estate plan we prepare includes a deed transferring your home into your trust — because we know that the home is usually the largest asset, and it is the one most likely to cause a probate if overlooked. ## **22. Does a will work together with a revocable living trust?** Yes. In a trust-centered estate plan, you also sign what is called a “pour-over will.” This is a backup will that captures any assets you forgot to transfer into the trust during your lifetime and “pours” them into the trust at death through a probate proceeding. The pour-over will is a safety net — ideally it never has to be used — but it ensures that even overlooked assets ultimately follow your trust’s instructions. ## **23. Are joint tenancy and beneficiary designations enough to avoid probate without a trust?** They can avoid probate for *specific assets*, but they are not a complete substitute for a properly structured estate plan. Here is why: - Joint tenancy works fine for a married couple — until both spouses die, at which point the survivor’s estate has no surviving joint tenant, and the property goes to probate. - Beneficiary designations can fail if the named beneficiary predeceases you and you never updated the designation. - Neither tool addresses what happens if a beneficiary is a minor, has special needs, or has creditor problems. - Neither allows you to protect your beneficiaries’ inheritance from their future creditors, divorce proceedings, or bankruptcy. A revocable living trust with nested irrevocable asset-protection trusts for your beneficiaries addresses all of these gaps. That is the gold standard of Arizona estate planning. ## Small Estate Exceptions to Arizona Probate ## **24. Is there a way to avoid full probate for a small estate?** Yes. Arizona law provides simplified affidavit procedures for smaller estates: - **Personal property under $200,000** — If the total value of all personal property in the estate (wherever located), less liens and encumbrances, does not exceed $200,000, a person entitled to inherit that property can collect it by presenting a sworn affidavit to the holder of the property — at least 30 days after the date of death. No court filing is required. KEYTLaw prepares an Affidavit for Collection of Personal Property for $497. - **Real property with equity under $300,000** — If the total value of all Arizona real property in the estate, less liens and encumbrances, does not exceed $300,000, an heir may file an Affidavit for Succession to Real Property in the Superior Court at least six months after the date of death. Once the court certifies the affidavit and it is recorded with the county recorder, title is transferred. KEYTLaw prepares this affidavit, files it with the court, and records the certified copy for $1,497. - **Wages owed by an employer** — A surviving spouse may collect up to $5,000 in unpaid wages owed to the deceased by the employer, simply by presenting an affidavit to the employer — no probate required. Keep in mind: if your estate is above these thresholds or if the assets in question are real estate worth more than $300,000 in equity, a full probate is required unless you have a trust that owns the asset(s) or other non-probate arrangement in place. [Purchase a Probate Exemption Affidavit for Personal Property Under $200,000 and/or Real Estate Under $300,000](https://www.keytlaw.com/small-estate-affidavit/) ## Arizona Wills and Probate ## **25. What makes a will valid in Arizona?** For a will to be legally valid in Arizona, it must be (1) in writing, (2) signed by the person making it (the “testator”), and (3) signed by at least two witnesses, each of whom signed within a reasonable time after witnessing the testator sign the will or acknowledging it. (A.R.S. § 14-2502.) ## **26. Is a handwritten will valid in Arizona?** Yes — Arizona recognizes “holographic” wills, meaning a will that is entirely in the testator’s own handwriting and signed by the testator, even if it has no witnesses. (A.R.S. § 14-2503.) If you write a holographic will, write every word in your own handwriting to prevent disputes over whether the “material provisions” were handwritten. That said, I strongly advise against relying on a holographic will. It still goes through probate, and a homemade will is far more likely to create confusion, disputes, or unintended results than a properly drafted estate plan prepared by an attorney. ## **27. Is a will signed in another state valid in Arizona?** Generally, yes. A written will is valid in Arizona if its signing complied with the laws of the place where it was signed or the laws of the decedent’s domicile at the time of signing or death. (A.R.S. § 14-2506.) However, even a valid out-of-state will still goes through Arizona probate for Arizona assets. ## **28. If I have a will, who gets my property if I die without a trust?** Your probate assets go to the people or entities named in your will — but only after the probate court has supervised the process, creditors have had four months to file claims, and the personal representative has completed all required duties. Expect a minimum of five to eight months and thousands of dollars in legal and court costs before your beneficiaries see anything. ## How We Help Arizona Families Avoid Probate ## **29. What does a KEYTLaw estate plan include?** Every complete estate plan we prepare contains all ten of the following documents — because a truly complete plan requires more than just a trust: 1. **Revocable Living Trust** — The cornerstone of your estate plan that keeps your family out of probate court. 2. **Certification of Trust** — A summary document your bank, title company, or financial institution can use to verify the trust’s existence without seeing the entire trust document. 3. **Healthcare Power of Attorney** — Authorizes a trusted person to make healthcare decisions if you cannot. 4. **HIPAA Authorization** — Allows your trusted person to access your medical records. 5. **Financial Power of Attorney** — Authorizes someone to manage your finances if you become incapacitated. 6. **Living Will (Advance Directive)** — States your end-of-life medical wishes. 7. **Deed Transferring Your Home to the Trust** — We prepare and record this deed so your home is actually inside the trust — not just supposed to be. 8. **Designation of Guardian for Minor Children** — Names who you want to raise your children if you and your spouse die. 9. **Assignment of Personal Property to the Trust** — Transfers personal property (furniture, jewelry, collectibles) into the trust. 10. **Personal Property Memorandum** — A separate document you can update at any time (without changing the trust) to specify exactly who gets specific items of personal property. ## **30. Should I also protect my beneficiaries’ inheritances?** Absolutely — and most people never think about this until it is too late. When your beneficiaries receive their inheritance outright, that money is immediately exposed to their creditors, a divorcing spouse, or bankruptcy proceedings. An irrevocable asset-protection trust inside your estate plan holds each beneficiary’s inheritance in a protected structure — shielding it from those very real threats while still giving the beneficiary meaningful access and use of the funds. This is one of the most valuable things an estate plan can do for the people you love, and it costs nothing extra to include in the plan’s design. ## Bottom Line: Arizona Probate Is Optional Probate is not inevitable. It is the default outcome when someone dies without a plan — or without the right plan. Every Arizona family that owns a home, a retirement account, an investment account, or a business interest deserves a proper estate plan built around a revocable living trust. A will alone is not enough. Joint tenancy alone is not enough. A beneficiary designation alone is not enough. The only complete solution is a fully funded revocable living trust-based estate plan that transfers your assets privately, efficiently, and without court supervision — exactly the way you intend. I have been helping Arizona families protect their loved ones since 1979. I would be glad to answer your questions and explain exactly what a KEYTLaw estate plan would do for you. **Book a free office, phone, or Zoom consultation at .** There is no pressure and no obligation — just a straightforward conversation about protecting your family. Learn more about Arizona estate planning by going to our library of [36 articles](https://www.keytlaw.com/arizona-wills-trusts-articles/) about wills, trusts & estate planning. *Richard C. Keyt is an Arizona estate planning attorney. He has created many revocable living trust-based estate plans for Arizona families. This article is provided for general educational purposes and does not constitute legal advice. For advice about your specific situation, please consult an Arizona estate planning attorney.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch this [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting, email or call Arizona probate attorney Richard C. Keyt at 480-664-7472. He doesn't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard C. Keyt Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Living Will FAQs: Top 12 Questions Answered](https://www.keytlaw.com/arizona-living-will-faq/) **Published:** April 14, 2026 **Author:** Richard Keyt **Content:** # Arizona Living Will Frequently Asked Questions By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![living-will-faq](https://www.keytlaw.com/wp-content/uploads/2026/04/living-will-faq-scaled.png "living-will-faq - KEYTLaw") We wrote a detailed article called **[Arizona Living Will: What It Is, Why You Need One, & What Happens Without It](https://www.keytlaw.com/arizona-living-will/)** that Arizona residents have found incredibly eye-opening. After people read it, they have questions. Below are the most frequently asked questions about Arizona living wills — with answers that point you to the full article for everything you need to know. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Why You Need a Living Will Frequently Asked Questions **1: What exactly is an Arizona living will?** An Arizona living will — also called an advance directive — is a legal document in which you state your wishes about medical treatment in the event you become incapacitated and cannot communicate those decisions yourself. It tells your doctors, your family, and any hospital what you do and do not want done to keep you alive when there is no reasonable expectation of recovery. It is not the same as a last will and testament. A last will deals with what happens to your property after you die. A living will deals with what happens to *you* — medically — while you are still alive but cannot speak for yourself. For a full explanation of what a living will is and what it covers, read our article: **[Arizona Living Will: What It Is, Why You Need One, & What Happens Without It](https://www.keytlaw.com/arizona-living-will/)**. **2: Do I really need a living will if I am young and healthy?** Yes. This is one of the most common and most dangerous misconceptions we encounter. Living wills are not just for the elderly or the terminally ill. Accidents, strokes, aneurysms, and sudden illness can strike any adult at any age — on any ordinary day. A healthy 34-year-old in a car accident on I-10 can end up on life support just as easily as an 80-year-old with a chronic illness. Without a living will, your doctors are legally required to default to keeping you alive — even if that is not what you would have wanted. **3: What happens in Arizona if I do not have a living will?** A lot of very bad things can happen — to you, to your family, and to your finances. Without a living will, Arizona law and medical practice require doctors to presume in favor of life-sustaining treatment, even when there is no hope of recovery. Your family members may disagree bitterly about what to do, with no one holding clear legal authority. The hospital may bring in an ethics committee. In the worst cases, a court must appoint a guardian to make decisions for you — a public legal proceeding that can take weeks and cost thousands of dollars. The Terri Schiavo case — which lasted 15 years, generated 14 appeals, and ultimately reached the U.S. Supreme Court — began because Terri Schiavo did not have a living will. Her family was torn apart. Do not let that be your family’s story. The Schiavo case involved 14 appeals and numerous [legal motions](https://en.wikipedia.org/wiki/Motion_(legal) "Motion (legal)"), petitions, and hearings in the Florida courts; five suits in [federal district court](https://en.wikipedia.org/wiki/United_States_district_court "United States district court"); [extensive political intervention](https://en.wikipedia.org/wiki/Government_involvement_in_the_Terri_Schiavo_case "Government involvement in the Terri Schiavo case") at the levels of the Florida state legislature, Governor [Jeb Bush](https://en.wikipedia.org/wiki/Jeb_Bush "Jeb Bush"), the U.S. Congress, and President George W. Bush; and four denials of *[certiorari](https://en.wikipedia.org/wiki/Certiorari "Certiorari")* from the [Supreme Court of the United States](https://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States "Supreme Court of the United States"). **4: What decisions does a living will actually cover?** A well-drafted Arizona living will addresses the most critical end-of-life medical questions, including: - Whether you want to be kept on a ventilator if there is no reasonable chance of recovery - Whether you want CPR performed if your heart stops - Whether you want a feeding tube if you are permanently unconscious - Whether you want aggressive pain management, even if it might shorten your life - Whether you want to die at home rather than in a hospital if possible - Your wishes about organ and tissue donation - Whether your instructions apply if you are pregnant at the time of incapacity These are deeply personal decisions. A living will ensures *you* make them — not a doctor, not a hospital ethics committee, and not a judge who has never met you. **5: Is an Arizona living will legally binding on doctors and hospitals?** Yes. Under Arizona Revised Statutes Section 36-3261 and related statutes, a properly signed and witnessed living will is a legally binding document. Healthcare providers in Arizona are required to follow its instructions. If a particular provider is unwilling to follow your instructions — for example, for religious or moral reasons — they are required to transfer your care to a provider who will. This is one of the most important reasons to have your living will drafted correctly. A document with the wrong language, the wrong witnesses, or the wrong execution may not be enforceable when it matters most. **6: Who can witness my Arizona living will?** Arizona law is specific about who can and cannot serve as a witness to your living will. The document must be signed by you and witnessed by two adults. However, the following people cannot serve as witnesses: - Your healthcare provider or an employee of a healthcare institution currently treating you - Anyone who would benefit financially from your death (such as an heir or beneficiary) Getting the witness requirements right is one of several reasons it is worth having an estate planning attorney prepare your living will rather than trying to use a generic form you found online. **7: What is the difference between a living will and a healthcare power of attorney?** These are two separate but complementary documents, and you need both. A **living will** tells your doctors *what* you want — the specific medical treatments you do or do not want under specific circumstances. A **healthcare power of attorney** designates a specific person — called your healthcare agent — to make medical decisions *on your behalf* in situations your living will may not have specifically anticipated. Together, these two documents form a comprehensive healthcare advance directive that covers virtually any scenario. Arizona law allows you to combine these documents. Every KEYTLaw estate plan includes both — along with a financial power of attorney, a revocable living trust, and several other essential documents. See our fee and the [36 documents and services](https://www.keytlaw.com/ep-contents) in our custom estate plan with a revocable living trust. **8: Can a living will save my family money?** Absolutely — and the numbers are staggering. Unwanted end-of-life care in an ICU can cost $10,000 or more per day. Months of mechanical ventilation, feeding tubes, and intensive nursing can consume an entire estate — assets you worked a lifetime to accumulate and intended to pass on to the people you love. Medicare and private insurance do not always cover extended life-sustaining treatment when it has been medically determined to be futile. Your family may be left with bills they cannot pay — for care you never wanted. A living will is not just a medical document. It is also a financial protection tool. **9: How is a living will different from a regular will?** This question comes up constantly, and the confusion is understandable — the word “will” appears in both. - A **last will and testament** (what most people call simply a “will”) deals with what happens to your assets and property *after* you die. In Arizona, a will must go through probate — a court-supervised process — before your heirs receive anything. - A **living will** deals with your medical care *while you are alive* but cannot speak for yourself. It has nothing to do with distributing property. One important note: a will alone is not a complete estate plan. A will still goes through probate. If your goal is to protect your family and pass your assets efficiently, the cornerstone of your estate plan should be a **revocable living trust** — not just a will. Learn more at [18 Benefits of a Revocable Living Trust](https://www.keytlaw.com/arizona-living-trust-benefits/). **10: My family knows what I want. Why do I still need a written living will?** Because “they know what I want” is not legally enforceable — and families who are confident they are aligned frequently are not, when the moment actually arrives. Grief changes people. Fear changes people. Even the most loving family members can find themselves unable to agree when faced with the decision of authorizing the withdrawal of life support from someone they love. Without a written document, no one has clear authority. Everyone’s opinion carries equal — and paralyzing — weight. A living will removes that burden from your family entirely. It says: *I made this decision. This is what I want. You are following my instructions, not making the choice yourselves.* That is one of the most generous gifts you can give the people who love you most. **11: Where should I keep my Arizona living will once it is signed?** You should keep the original in a place your healthcare agent can access quickly — not in a safe deposit box that may be difficult to open in an emergency. Recommended steps include: - Give a copy to your primary care physician and any specialists - Give a copy to your designated healthcare agent - Give copies to close family members who might be contacted in an emergency - Consider registering it with the Arizona Secretary of State’s advance directive registry - Keep a copy with your other estate planning documents We buy our estate plan clients a five year membership in an organization called [DocuBank](https://www.docubank.com/). We give your Healthcare Power of Attorney, Living Will, and HIPPAA Authorization to DocuBank. It gives you an ID card to carry in your wallet or purse so if you are in a hospital it tells the doctors and hospital the name and phone number of your emergency contact and how to get DocuBank to fax these three documents to the doctor or hospital 24/7. **12: Can I change my living will after I sign it?** Yes. You can revoke or amend your Arizona living will at any time, as long as you have mental capacity to do so. You should review your living will whenever your health circumstances change significantly, your personal values or wishes evolve, or you move to a new state (since living will laws vary by state). If you have an existing living will that is outdated, we can review it with you and prepare an updated version. **To learn more read our Living Will article** The questions above barely scratch the surface of what you need to know about Arizona living wills. We encourage you to read our complete guide: 👉 **[Arizona Living Will: What It Is, Why You Need One, & What Happens Without It](https://www.keytlaw.com/arizona-living-will/)** It covers the real-world scenarios, the legal framework, the financial consequences of not having one, and what a properly drafted Arizona living will should include. **Every KEYTLaw Estate Plan Includes a Living Will** At KEYTLaw, we do not prepare living wills in isolation. We include a living will as part of every comprehensive estate plan — along with a revocable living trust, healthcare power of attorney, financial power of attorney, HIPAA authorization, deed transferring your home to the trust, and several other essential documents. To see the 36 documents and services in a KEYTLaw estate plan, visit **** or watch our video at ****. **Book a Free Office, Phone or Zoom Consultation** Arizona estate planning attorneys Richard Keyt (Rick, the father) and Richard C. Keyt (Ricky, the son) are available for free office, phone, or Zoom consultations. We don’t charge to talk with people. 📅 **[Book a free meeting at https://www.keytlaw.com/calendar](https://www.keytlaw.com/calendar)** 📞 **Richard Keyt (Rick, the father):** 480-664-7478 📞 **Richard C. Keyt (Ricky, the son):** 480-664-7472 *We want to help you protect your most valuable assets — your loved ones.* *DISCLAIMER: This article is provided for general informational purposes only and does not constitute legal advice for any individual case or situation. Reading this article does not create an attorney-client relationship. Estate planning laws change. Please consult a qualified Arizona attorney for advice specific to your circumstances.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch thie [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Living Will & Why You Need It | KEYTLaw](https://www.keytlaw.com/arizona-living-will/) **Published:** April 11, 2026 **Author:** Richard Keyt **Content:** # Arizona Living Will: What It Is, Why You Need One, & What Happens Without It By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![living-will](https://www.keytlaw.com/wp-content/uploads/2026/04/living-will-scaled.png "living-will - KEYTLaw") ## Our 5-Star Reviews Excellent [KEYTLaw LLC](https://www.keytlaw.com/)4.9 [See all reviews](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Cindy S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My son passed away in AZ where he lived. I, his mother live in Savannah, GA. Not familiar with AZ law, I went to the Keyt Law offices in Phoenix. Richard Keyt Jr. was very welcoming and helpful from the start and all the way through Probate. Any questions that I had, he answered promptly and efficiently. I would highly recommend this Law firm. I am very pleased! Thank you Richard!!!!! [Divine Doors Assisted Living, L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My attorney Ricky with KEYTLaw has been so helpful through the process of starting my business. I am grateful to him and his staff for their timely assistance and for their expertise. [Mark B.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Laura H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have worked with Keyt law for many years, they’ve helped me form all of my LLCs, create my estate plan, and handle many other legal matters. Their staff is always friendly, responsive, and professional, making every process smooth and stress free. I highly recommend Keyt Law to anyone looking for knowledgeable attorneys who provide exceptional service. [Lucia W.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I first contacted Keyt Law firm when I was thinking about opening up my own nonprofit business. Everyone that I spoke to was very patient and knowledgeable in going through the steps necessary to make sure that I was comfortable in what I was endeavoring to do. Special thanks to Noah who was always available to answer my questions and guided me through all the steps. I am very confident in recommending Keyt Law Firm. [Greg M.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Noah is very helpful with a can do attitude. I wish the world had more like him. [montetackett](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Easy, affordable and accurate. [Valli Dawn H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard, Noah and the team at Keyt Law did a great job helping us with several estate and corporate planning goals we had. They were prompt, thorough, provided great communication and we will contact them again anytime we need updates or help. [Joseph Z.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Awesome services and great communication. Highly recommended! [Susan R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Twenty years ago I decided to start a non profit with no business experience and a vision of helping teens who were facing multiple challenges. I found Keyt Law online with free information for start ups like mine. I randomly called the office and Mr. Keyt answered the phone. I explained my mission and he spent the next hour taking me through the process. He never sent me a bill for his invaluable time. Keyt Law has been my statutory agent since then with a very small fee. Any time I have a question or problem they are there for me. The integrity of this law firm is a direct reflection of its Founder. I was blessed to have them by my side. Special thanks to Noah from accounting who helped me with my annual report! [Andrew K.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very efficient service. My experience is limited to the formation of two LLCs. They were handled very well and quickly. The price was also reasonable. [Jerry G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Used them to set up LLC and annual renewal. Seamless and easy to work with. [M.M. R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very glad to give 5 star rating to KeithLaw firm. We have established an IRA LLC from 13 years ago with assistance from this very client friendly law firm. I found them to be very reliable, courteous and easy to work with. I still talk to them from time to time for timely advice as needed. I very strongly recommend this friendly family friendly legal firm to any one in need of legal help particularly those from retired community. [Mary E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law Firm was great in helping us set up our LLC and keeping us informed when things need to be renewed. [Eric G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard’s expertise and guidance made a big difference for us and we would not have been able to do this without his knowledge. He was kind enough to “warn us” that our first 1023 application may not get IRS approval because it wasn’t mission driven enough. That caused us to completely reframe our entire concept and a complete redo of the form and it worked out so well that we actually got approval from the IRS two weeks after submitting our form 1023 along with an expedited request. Thank you so much Richard! [Justin G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very helpful with setting up business organizations. [Latrice J.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I absolutely appreciate this firm because they have assisted me With my nonprofit in terms of setting it up and assisting me with education via their website and much more. I would not be able to continue helping survivors and domestic violence without their support. [Kara E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard Keyt Jr. is one of the most knowledgeable and thorough attorneys I have worked with. We hired Richard to review trust, estate, and loan documents that had been prepared by another attorney. During his review, he identified a significant issue that could have resulted in approximately hundreds of thousands of dollars in unnecessary tax consequences. His analysis likely saved our family an enormous amount of money and gave us confidence that the documents were accomplishing what was actually intended. When revised documents were later prepared, Richard reviewed those as well and identified additional concerns that warranted further attention. His willingness to carefully review every detail and ask the difficult questions provided an extra level of protection that was invaluable. What sets Richard apart is his ability to explain highly complex trust, estate, and tax issues in a way that ordinary people can understand. He is approachable, patient, and easy to talk to. He can support his opinions with statutes and case law, yet he never comes across as arrogant or intimidating. When dealing with important family, trust, and estate matters, you need someone who is willing to look beyond the surface and identify problems before they become expensive mistakes. Richard did exactly that for us. His expertise, attention to detail, and commitment to protecting his clients’ interests gave us tremendous peace of mind. I recommend Richard Keyt Jr. without hesitation. If you are looking for an attorney who combines exceptional legal knowledge with practical, understandable advice, Richard is an excellent choice. [Jacqueline F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) They set up my LLC 5 years ago and have been taking great care of me ever since! [Josh F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Bela F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Excellent staff, professional, attentive and considerate [Wayne L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very easy to work with and responsive, will be using them again. [Ken E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have done several LLCs and other work with Keyt Law, and they are expert, fast, affordable and easy to work with. Richard is always super accessible on the phone and he always makes time to answer questions, discuss options and provide solutions. [Dar S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law establishment out LLC for us and were very knowledgeable and efficient. They are great about providing their customers with information they should know about and there is no pressure to upsell you further services. [Garratt P.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Exceptionally professional, informative, and easy to work with. Richard Keyt Jr. made the process seamless and informative. The Gold Package is worth every penny. You will also receive this beautiful leather bound book with all your documents. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Your Doctors Could Keep You Alive Against Your Wishes — Unless You Have This Document a What an Arizona living will is, what happens when you don’t have one, and why waiting to create one may be the most dangerous decision you ever make. What an Arizona living will is, what happens when you don’t have one, and why waiting to create one may be the most dangerous decision you ever make. You are lying unconscious in a hospital bed. A machine is breathing for you. Your heart is beating only because of medications dripping through an IV. You have no brain activity. Your family is gathered in the hallway — and they are fighting. Your spouse wants the doctors to let you go. Your adult children cannot bear the thought of it. The doctors are caught in the middle. Because you left no instructions, they must legally err on the side of keeping you alive — no matter what you would have wanted. This situation plays out in Arizona hospitals every single day. And in most cases, it was completely preventable. **Without a valid Arizona living will, your end-of-life medical care will be decided by doctors, hospital ethics committees, and possibly a judge — not by you, and possibly not by the people you love and trust most.** ## **What Is an Arizona Living Will?** An Arizona living will — also called an advance directive — is a legal document in which you state your wishes regarding medical treatment in the event that you become incapacitated and cannot communicate those decisions yourself. It answers questions such as: - Do you want to be kept alive on a ventilator if there is no reasonable chance of recovery? - Do you want CPR performed if your heart stops? - Do you want artificial nutrition and hydration — a feeding tube — if you are permanently unconscious? - Do you want aggressive pain management, even if it might shorten your life? - Do you want to die at home rather than in a hospital, if at all possible? Under Arizona law (Arizona Revised Statutes [Section 36-3261](https://www.azleg.gov/ars/36/03261.htm) et seq.), a properly signed and witnessed living will is a legally binding document. Healthcare providers in Arizona are required to follow its instructions or transfer your care to a provider who will. ## **This Is Not Something That Only Happens to Old People** One of the most dangerous myths about living wills is that they are only for the elderly or the terminally ill. They are not. **Real-World Scenario** A healthy 34-year-old is in a catastrophic car accident on I-10. She suffers severe traumatic brain injury. She is placed on life support. She has no living will. Her parents and her fiancé disagree bitterly about what she would have wanted. Doctors are legally obligated to continue treatment. The conflict tears the family apart — and months of unwanted medical intervention follow, costing hundreds of thousands of dollars. Accidents, strokes, heart attacks, and sudden illness do not discriminate by age. If you are an adult in Arizona and you do not have a living will, you are gambling with some of the most intimate decisions of your life. ## **What Happens Without a Living Will in Arizona** Without a living will, here is what Arizona law and medical reality require: - Doctors must follow a default presumption in favor of life-sustaining treatment, even if there is no hope of recovery - Your family members must attempt to reach consensus — and if they disagree, no one has clear legal authority to make the call - The hospital may convene an ethics committee to resolve disputes, a process that is slow, impersonal, and entirely out of your family’s control - In the most contentious cases, a court may have to appoint a guardian to make decisions for you — a legal proceeding that can take weeks, cost thousands of dollars, and expose your most private affairs to public record - You may be kept alive in a condition you would find undignified, painful, or contrary to your religious or personal beliefs The [Terri Schiavo](https://en.wikipedia.org/wiki/Terri_Schiavo_case) case — which consumed national headlines for 15 years and was ultimately decided by the U.S. Supreme Court — began because Terri did not have a Living Will aka an advance directive. Terri’s parents and husband fought in court for years over whether her doctors could pull the plug. The Schiavo case involved 14 appeals and numerous [legal motions](https://en.wikipedia.org/wiki/Motion_(legal) "Motion (legal)"), petitions, and hearings in the Florida courts; five suits in [federal district court](https://en.wikipedia.org/wiki/United_States_district_court "United States district court"); [extensive political intervention](https://en.wikipedia.org/wiki/Government_involvement_in_the_Terri_Schiavo_case "Government involvement in the Terri Schiavo case") at the levels of the Florida state legislature, Governor [Jeb Bush](https://en.wikipedia.org/wiki/Jeb_Bush "Jeb Bush"), the U.S. Congress, and President George W. Bush; and four denials of *[certiorari](https://en.wikipedia.org/wiki/Certiorari "Certiorari")* from the [Supreme Court of the United States](https://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States "Supreme Court of the United States").[\[](https://en.wikipedia.org/wiki/Terri_Schiavo_case#cite_note-6) Do not let that be your family’s story. ## **A Living Will Is Also a Gift to Your Family** When a person is dying and there is no written instruction, the burden of making life-and-death decisions falls on the people who love them most — at the worst possible moment of their lives. Asking a spouse, a child, or a parent to authorize the withdrawal of life support is devastating. It creates guilt that can last decades. Families fracture over these decisions. Relationships that survived everything else do not survive this. A living will removes that burden entirely. It tells your loved ones: *I made this decision. This is what I want. You are not responsible. You are following my instructions.* That is one of the most profound acts of love and consideration you can give to the people you care about. ## **What an Arizona Living Will Should Include** A valid Arizona living will should clearly address: - **Life-sustaining treatment** — your instructions if you are in a terminal condition or a persistent vegetative state - **Artificial nutrition and hydration** — whether you want a feeding tube if you are unable to eat on your own - **Pain management and comfort care** — your wishes regarding palliative care - **Organ and tissue donation** — your preferences regarding donation upon death - **Pregnancy** — whether your instructions apply if you are pregnant at the time of incapacity Arizona law also allows you to combine a living will with a **healthcare power of attorney** — a document that designates a specific person (called your healthcare agent) to make medical decisions on your behalf. Together, these documents form a comprehensive healthcare advance directive that leaves nothing to chance. To be valid under Arizona law, a living will must be signed by you and witnessed by two adults. It cannot be witnessed by your healthcare provider, an employee of a healthcare institution treating you, or anyone who would benefit financially from your death. ## **How Much Does It Cost Not to Have One?** Consider the financial reality of what happens without an advance directive. Unwanted end-of-life care in an ICU can cost $10,000 or more per day. Months of mechanical ventilation, feeding tubes, and intensive nursing care can consume an entire estate — assets you spent a lifetime building and intended to pass to your children and grandchildren. Medicare and private insurance do not always cover extended life-sustaining treatment, particularly when it has been determined to be futile. Your family may be left holding bills they cannot pay, for care you never wanted. ## **The One Excuse That Costs Everything** Most people who do not have a living will are not opposed to having one. They simply have not gotten around to it. “I’ll do it eventually.” “I’m too young to worry about that.” “My family knows what I want.” “I’ll do it after the holidays.” The problem is that incapacity does not schedule an appointment. It arrives without warning — in a moment, on an ordinary Tuesday, on a highway, in a grocery store, at a restaurant. When it arrives, it is too late to sign a document. **Every day you delay creating a living will is another day you are unprotected. There is no version of this where waiting is a good idea.** ## **What You Should Do Right Now** - Execute a valid Arizona living will that clearly states your end-of-life treatment wishes - Pair it with a healthcare power of attorney designating a trusted person to act as your agent - Give copies to your doctor, your healthcare agent, and close family members - Register it with the Arizona Secretary of State’s advance directive registry - Review and update it any time your health circumstances or wishes These documents take less time to prepare than most people think. But they provide protection that lasts the rest of your life — and gives your family the gift of clarity when they need it most. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch thie [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). Our estate plan includes a Living Will. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona HIPAA Authorization FAQs | KEYTLaw](https://www.keytlaw.com/arizona-hipaa-authorization-faq/) **Published:** April 14, 2026 **Author:** Richard Keyt **Content:** # Arizona HIPAA Authorization Frequently Asked Questions By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![hipaa-authorization-faq](https://www.keytlaw.com/wp-content/uploads/2026/04/hipaa-faq-scaled.png "hipaa-faq - KEYTLaw") If you’ve ever wondered what happens when a doctor refuses to tell your family member how you’re doing after a serious accident — or whether your healthcare agent can actually access your medical records — you need to understand Arizona HIPAA authorizations. This article answers the questions Arizona residents ask most often about HIPAA authorizations. For a comprehensive explanation of this important document, be sure to read our full article called **[Arizona HIPAA Authorization](https://www.keytlaw.com/arizona-hippa-authorization/)**. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Arizona HIPAA Authorization Frequently Asked Questions **1. What Is a HIPAA Authorization?** A HIPAA authorization is your written consent allowing your doctors, hospitals, and other healthcare providers to share your private medical information — called “protected health information” or “PHI” — with people you specifically name. Without this document, federal law generally prohibits your medical providers from disclosing your health information to anyone, including the people you love and trust most. **2. What Does “HIPAA” Stand For?** HIPAA stands for the **Health Insurance Portability and Accountability Act**, a federal law passed by Congress in 1996. The HIPAA Privacy Rule, which became effective on April 14, 2003, established national standards covering how protected health information may be used and disclosed — including who can receive that information and under what circumstances. **3. Why Do I Need a Separate HIPAA Authorization If I Already Have a Healthcare Power of Attorney?** This is one of the most important and misunderstood questions in estate planning. Your Healthcare Power of Attorney names the person or people you authorize to make medical decisions for you if you become incapacitated. However, that document alone does not automatically grant your healthcare agent the right to receive your medical information from your providers. A HIPAA authorization is the document that specifically unlocks your medical records for the people you name. Without it, your healthcare agent may have the legal authority to make decisions for you but be denied the information they need to make those decisions wisely. That’s why at KEYTLaw, we include a HIPAA authorization as an essential part of every estate plan we prepare. **For a full explanation of how the HIPAA authorization works alongside your Healthcare Power of Attorney, read my article called [Arizona HIPAA Authorization](https://www.keytlaw.com/arizona-hippa-authorization/).** **4. Who Can I Name in My HIPAA Authorization?** You can name any individual or individuals you trust. Most people name the same person they designated as their healthcare power of attorney agent — often a spouse, adult child, or close family member. You can also name multiple people if you want more than one person to have access to your medical information. **5. Can a Doctor Refuse to Share My Medical Information Even If I Have a HIPAA Authorization?** Generally, no. When you have a valid, properly executed HIPAA authorization, your healthcare providers are permitted to share the specific information described in the authorization with the people you’ve named. Without a HIPAA authorization, however, sharing that information would violate the HIPAA Privacy Rule, which can result in severe financial penalties and may even constitute a criminal act. **6. What Information Is Covered by a HIPAA Authorization?** A HIPAA authorization can cover all of your protected health information, or it can be limited to certain types of information, certain providers, or a specific time period — it’s your choice. Some categories of information, such as mental health records, substance abuse treatment records, HIV/AIDS status, and genetic testing results, may require separate, specific authorization because they receive extra legal protection beyond the standard HIPAA rules. **7. Does My HIPAA Authorization Have an Expiration Date?** It depends on how the document is drafted. Your HIPAA authorization can be set to expire after a specific period of time, upon a specific event, or it can remain in effect indefinitely until you revoke it. For estate planning purposes, HIPAA authorizations are typically drafted to remain effective until your death or until you revoke the authorization in writing. **8. Can I Revoke My HIPAA Authorization?** Yes. You can revoke your HIPAA authorization at any time by notifying your healthcare providers in writing. However, revocation does not affect information that was already shared before the revocation — it only stops future disclosures. **9. What Happens If I Don’t Have a HIPAA Authorization?** Without a HIPAA authorization, your loved ones and healthcare agents may be legally barred from getting information about your medical condition — even in a life-or-death situation. They may be forced to go to court to obtain the right to access your medical records, costing time and money during what is already an incredibly difficult time. This is precisely why every Arizona adult should have a properly drafted HIPAA authorization as part of a complete estate plan. **Q 10. Can I use a fill-in-the-blank or online power of attorney form I found on the internet?** We strongly advise against it. Many online forms are either from other states (and may not comply with Arizona law), are out of date, use vague language that financial institutions will reject, or omit critical powers your agent will need. A document that is technically defective or that your bank refuses to honor is worthless — often discovered at the worst possible moment. The cost of having an experienced Arizona estate planning attorney draft this document correctly is small compared to the cost and chaos of having it fail when your family needs it. **11. What Happens If I Don’t Have a HIPAA Authorization?** Without a HIPAA authorization, your loved ones and healthcare agents may be legally barred from getting information about your medical condition — even in a life-or-death situation. They may be forced to go to court to obtain the right to access your medical records, costing time and money during what is already an incredibly difficult time. This is precisely why every Arizona adult should have a properly drafted HIPAA authorization as part of a complete estate plan. **12. Is a HIPAA Authorization the Same as a Healthcare Power of Attorney?** No, they are two different documents that serve two different purposes. A Healthcare Power of Attorney gives your agent the *authority to make healthcare decisions* on your behalf. A HIPAA Authorization gives your named individuals the *right to receive your medical information* from your providers. These documents work together — without both, your healthcare agent may have authority but not information, which can seriously limit their ability to act in your best interests. **13. What If My Adult Child Needs Me to Be Able to Talk to Their Doctor?** HIPAA doesn’t just apply to elderly or incapacitated individuals. Once a person turns 18, they are legally an adult, and their medical information is private — even from their parents. If you have an adult child who has gone off to college or moved out, and you want to be able to communicate with their doctors in an emergency, your child should sign a HIPAA authorization naming you as someone who can receive their medical information. **14. How Do I Get a Properly Drafted Arizona HIPAA Authorization?** While there are generic HIPAA release forms available online, there is no one-size-fits-all federal HIPAA authorization form. The document must meet specific legal requirements to be valid. Because the stakes are high — your medical privacy and your loved ones’ ability to help you in a crisis — working with an experienced Arizona estate planning attorney is the smart choice. At KEYTLaw, we include a comprehensive, properly drafted HIPAA Authorization in every estate plan we prepare. We make it easy with a [free office, phone, or Zoom video consultation](https://www.keytlaw.com/calendar) so we can learn about your situation and design a custom estate plan that works for you and your family. **15. Where Can I Read More About Arizona HIPAA Authorizations?** For a thorough, in-depth explanation of what a HIPAA authorization is, what it covers, why you need one, and how it fits into your Arizona estate plan, read my full article: 👉 [Arizona HIPAA Authorization](https://www.keytlaw.com/arizona-hippa-authorization/) **16. Contact KEYTLaw for a Free Office, Phone or Zoom Consultation** If you have questions about a HIPAA authorization or any other part of your Arizona estate plan, we invite you to **schedule a free office, phone, or Zoom video meeting** with one or our Arizona estate plannning attorneys. Richard Keyt has practiced law in Arizona since 1979 and have helped 1,000+ Arizona families protect their loved ones with comprehensive, custom estate plans. 📞 Call or email Richard Keyt at **480-664-7478** 📧 **** 🌐 **[www.keytlaw.com](https://www.keytlaw.com)** *Use our [online calendar](https://www.keytlaw.com/calendar) to book your free, no-obligation consultation at your convenience.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch thie [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Healthcare Power of Attorney FAQ | KEYTLaw](https://www.keytlaw.com/arizona-healthcare-power-of-attorney-faq/) **Published:** April 13, 2026 **Author:** Richard Keyt **Content:** # Arizona Healthcare Power of Attorney FAQs By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). A financial power of attorney is one of the most important documents any Arizona adult can sign — and one of the least understood. Below, we answer more than 30 of the most common questions we get from Arizona clients and families. ![](https://www.keytlaw.com/wp-content/uploads/2026/04/fpoa-faq.png "fpoa-faq - KEYTLaw") If you are an Arizona adult — whether you are 25 or 85 — one of the most important legal documents you can have is a Healthcare Power of Attorney. It does not matter how healthy you feel right now. Accidents happen. Illnesses appear without warning. And if you cannot speak for yourself in a medical emergency, someone has to make life-or-death decisions for you. The only question is: do YOU choose that person, or does a court choose for you? After more than 45 years of practicing estate planning law in Arizona, I have seen what happens when families face a medical crisis without the right documents in place. It is painful, expensive, and completely avoidable. This FAQ page answers the questions I hear most often from Arizona residents about Healthcare Powers of Attorney [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Arizona Healthcare Power of Attorney Frequently Asked Questions ## The Basics **1. What is an Arizona Healthcare Power of Attorney?** A Healthcare Power of Attorney (HCPOA) is a legal document in which you — the “principal” — name one or more people (called “agents” or “helathcare agents”) who have the legal authority to make medical decisions for you if you are ever unable to communicate your wishes to your doctor. Think of it as giving a trusted person your medical voice when you cannot speak for yourself. In Arizona, this document is also sometimes called a Medical Power of Attorney or a Healthcare Proxy. The document is authorized under Arizona Revised Statutes Sections 36-3221 through 36-3224. **2. Why does every Arizona adult need one?** Because life is unpredictable and a medical emergency can happen to anyone at any age. Here is the harsh reality: - A car accident can put a healthy 22-year-old in an ICU with no ability to communicate. - A stroke can leave a 50-year-old unable to speak or understand their doctor. - Surgery complications can leave anyone temporarily or permanently incapacitated. - Dementia or Alzheimer’s disease gradually takes away the ability to make medical decisions. Without a Healthcare Power of Attorney, your family may have to go to court and ask a judge to appoint a legal guardian to make medical decisions for you — a process that is slow, expensive, stressful, and very public. With a properly prepared Healthcare Power of Attorney, you avoid all of that. **3. What kinds of medical decisions can my healthcare agent make?** Your agent can make virtually any healthcare decision you could make yourself, including: - Consenting to — or refusing — medical treatments, surgeries, and procedures - Choosing your doctors, specialists, and hospitals - Deciding whether to accept or decline life-sustaining treatment - Authorizing the administration of pain medications - Directing discharge planning from a hospital or care facility - Making decisions about organ donation after your death **4. Is a Healthcare Power of Attorney the same as a Living Will?** No, these are two different documents, and you need both. A Healthcare Power of Attorney names the person who makes medical decisions for you if you cannot communicate with your doctor. A Living Will (also called an Advance Directive) is a written statement of your own wishes — it tells your doctors and your agents that you want them to remove life support if you are brain dead and being kept alive by a machine. The Living Will speaks for YOU. The Healthcare Power of Attorney names a trusted person to speak for you when circumstances arise that your Living Will did not specifically address. **5. What if I am married — can’t my spouse just make decisions for me?** Not automatically. Many married couples are surprised to learn that Arizona hospitals and doctors are not required to accept a spouse’s healthcare decisions without a legally valid document authorizing it. Federal HIPAA privacy laws add another layer of complexity: hospitals may refuse to share your medical information with anyone — including your spouse — unless they are legally designated as your healthcare agent. A properly executed Healthcare Power of Attorney removes all doubt and gives your spouse the legal authority to act quickly on your behalf. ## Arizona Legal Requirements **6. What are the legal requirements for a valid Arizona Healthcare Power of Attorney?** Under Arizona law, a Healthcare Power of Attorney must: - Be in writing - Be signed and dated by you (the principal) - Be witnessed by at least one adult OR notarized by a notary public - Name at least one agent (the person making decisions for you) Important: the witness cannot be your agent, a relative by blood or marriage, or anyone involved in your medical care. You must be at least 18 years old and mentally competent when you sign the document. **7. When does my Healthcare Power of Attorney take effect?** Most Arizona Healthcare Powers of Attorney are “springing” documents — they spring into effect only after a licensed physician determines in writing that you are unable to make or communicate your own medical decisions. Until that moment, YOU remain completely in control of all your healthcare decisions. Your agent has no authority while you are conscious and able to communicate. **8. Can I revoke or change my Healthcare Power of Attorney?** Yes. As long as you are mentally competent, you can revoke your Healthcare Power of Attorney at any time, for any reason. You should revoke it in writing and notify your former agent and any healthcare providers who have a copy. You can then prepare a new one naming a different person. Life circumstances change — divorce, estrangement, or the death of your agent are all common reasons to update this document **9. Does an Arizona Healthcare Power of Attorney work in other states?** Generally yes, but with some important caveats. Arizona’s HCPOA statutes are similar to those in most states, and many states will honor a document that was valid in the state where it was created. However, if you spend significant time in another state — for example, if you are a “snowbird” who winters in Arizona but lives in Minnesota — you may want to have your HCPOA reviewed by an attorney licensed in both states to ensure it will be honored wherever you are. ## Choosing Your Healthcare Agent **10. Who should I name as my healthcare agent?** This is one of the most important decisions you will make in your estate plan. Your agent does not have to be a family member — it should be the person you trust most to faithfully carry out your wishes, even under enormous emotional pressure. Look for someone who is: - Trustworthy and able to follow your wishes even if they personally disagree - Calm and decisive under stress — a hospital crisis is not the time for someone who freezes - A strong communicator who can talk clearly to doctors and hospital staff - Available and geographically accessible in a real emergency - Not currently serving as your physician, nurse, or paid caregiver **11. Can I name more than one healthcare agent?** Yes. In our Arizona Healthcare Powers of Attorney at KEYTLaw, we name a primary agent and one or more successor (backup) agents. The successor agent steps in only if your primary agent is unable or unwilling to serve. I do not generally recommend naming co-agents who must agree with each other, because that can cause delays and disagreements in an emergency. A clear chain of authority — one agent at a time, with a backup — works best. **12. What if I have minor children?** If you have minor children, we prepare a separate Healthcare Power of Attorney for each minor child as part of your KEYTLaw estate plan. This document names a trusted person — such as a grandparent, aunt, uncle, or close family friend — who can make medical decisions for your child if you and the other parent cannot be reached. Imagine you are on a cruise or camping in a remote location when your child is rushed to the hospital. Without this document, the doctor cannot get authorization to operate from anyone. With it, your trusted designee can immediately authorize necessary treatment. ## HIPAA and Medical Privacy **13. What is a HIPAA Authorization and do I need one?** Yes, you need one, and it is a separate document from your Healthcare Power of Attorney. HIPAA (the Health Insurance Portability and Accountability Act) is the federal law that prohibits doctors and hospitals from sharing your medical information with anyone — even your spouse or adult children — without your written permission. A HIPAA Authorization gives your named agents the legal right to access your medical records, talk to your doctors, and get the information they need to make good healthcare decisions on your behalf. Without a HIPAA Authorization, even a named healthcare agent may find hospital staff refusing to share critical medical information. Every KEYTLaw estate plan includes both a Healthcare Power of Attorney and a separate HIPAA Authorization. **14. Can’t I just include the HIPAA waiver in the Healthcare Power of Attorney?** You can include HIPAA authorization language inside your Healthcare Power of Attorney, but we prefer to prepare it as a separate, standalone document. Why? Because some healthcare providers — particularly large hospital systems — have their own legal departments that sometimes reject combined documents. A separate, clearly labeled HIPAA Authorization is harder for a hospital or doctor’s office to overlook or refuse. ## What Happens If You Don’t Have One **15. What happens if I have a medical emergency without a Healthcare Power of Attorney?** Arizona law does establish a priority list of “surrogate” decision-makers — generally your spouse, then an adult child, then a parent, and so on. But this default system has serious problems: - HIPAA can block your surrogate from getting medical information from the hospital - If family members disagree, the dispute may end up in court (think of the Terri Schiavo case) - If you are not married, a long-term partner has no legal standing to make decisions for you - If no appropriate surrogate is available or willing, the court appoints a stranger as your guardian **The bottom line: without a Healthcare Power of Attorney, you lose control. You do not get to choose who speaks for you, and that person may not make the decisions you would have made.** **16. Could my family end up in court without a Healthcare Power of Attorney?** Absolutely. If there is no Healthcare Power of Attorney and no agreement among family members about who should make decisions, the only way to resolve it is a guardianship proceeding in Arizona Superior Court. Guardianship proceedings are expensive — attorney fees and court costs can easily run several thousand dollars. They take time, often weeks or months. And they are heartbreaking for families who are already dealing with a medical emergency. A Healthcare Power of Attorney prevents all of this for a fraction of the cost. ## The Healthcare Power of Attorney as Part of a Complete Estate Plan **17. Is a Healthcare Power of Attorney part of an estate plan?** Yes. A Healthcare Power of Attorney is one of the essential documents in a complete Arizona estate plan. At KEYTLaw, every estate plan we prepare includes ten core documents: a Revocable Living Trust, Certification of Trust, Healthcare Power of Attorney, HIPAA Authorization, Financial Power of Attorney, Living Will (Advance Directive), a Deed transferring your home to the trust, Designation of Guardian for Minor Children (if applicable), Assignment of Personal Property to the Trust, and a Personal Property Memorandum. All of these documents work together to protect you during your lifetime and to protect your loved ones after you are gone. **18. Is a Healthcare Power of Attorney the same as a Financial Power of Attorney?** No. These are two completely different documents. A Healthcare Power of Attorney covers medical decisions only. A Financial Power of Attorney (sometimes called a Durable Power of Attorney) gives your named agent the legal authority to manage your financial affairs — pay your bills, manage bank accounts, file tax returns, deal with financial institutions, and handle other financial tasks — if you become mentally incapacitated. You need both documents. A medical emergency does not pause your mortgage payment, your utility bills, or your business obligations. **19. What is DocuBank and why does KEYTLaw provide it?** As part of every KEYTLaw estate plan, we purchase a five-year DocuBank membership for our clients. We give DocuBank a copy of your Healthcare Power of Attorney, Living Will, and HIPAA Authorization. DocuBank then gives you a small plastic ID card to carry in your wallet or purse. If you are ever in a hospital and cannot speak for yourself, the card tells the medical staff the name and phone number of your emergency contact — and gives them a 24/7 phone number to call DocuBank and receive your critical documents by fax within minutes. The card also lists your important medical conditions and allergies so doctors have that information immediately. This service ensures that your documents are always accessible when they are needed most. **20. How often should I update my Healthcare Power of Attorney?** We recommend reviewing all of your estate planning documents every year, or after any major life event, including: - Marriage or divorce - Death of a named agent - A falling-out with your named agent - A significant change in your health status - Moving to or from Arizona for part of the year **21. My kids are turning 18. Do they need their own Healthcare Power of Attorney?** Yes — and this is one of the most overlooked estate planning needs in America. The moment your child turns 18, they are legally an adult. You no longer have automatic parental authority to access their medical records or make healthcare decisions for them. If your 18-year-old college student is in a car accident and is taken to a hospital unconscious, the doctors and hospital may refuse to give you any information. Every young adult over 18 needs a Healthcare Power of Attorney, a HIPAA Authorization, and a Financial Power of Attorney. At KEYTLaw, we can prepare these documents for your adult children. ## Getting Your Healthcare Power of Attorney Prepared **22. Can I use a free online form?** Technically yes, but we don’t recommend it. Free online forms are generic — they are not customized to your situation, your family, or your specific wishes. More importantly, I have seen cases where large Arizona hospitals have refused to honor documents prepared by their own legal departments because they were drafted in another state. A Healthcare Power of Attorney prepared by an experienced Arizona estate planning attorney is far more likely to be legally enforceable and accepted by Arizona healthcare providers. The cost of having it done right is minimal. The cost of having it done wrong could be enormous. **23. How do I talk to my family about my healthcare wishes?** Creating the document is only half of the job. The other half is talking to your named agent about what you actually want. Tell them your values around medical care, what you consider an acceptable quality of life, and under what circumstances you would or would not want aggressive medical intervention. Your agent cannot read your mind in a crisis. The more clearly you have expressed your wishes in advance, the better equipped your agent will be to make the decisions you would have made. These conversations are not easy — but they are one of the most loving things you can do for your family **24. How do I hire KEYTLaw to prepare my Healthcare Power of Attorney?** A Healthcare Power of Attorney is included as part of every KEYTLaw estate plan. The easiest way to get started is to book a free office, phone, or Zoom video consultation using our [online calendar](https://www.keytlaw.com/calendar). During our meeting, I will learn about your family, your assets, and your goals, and I will design a custom estate plan that includes your Healthcare Power of Attorney, HIPAA Authorization, Living Will, Financial Power of Attorney, Revocable Living Trust, and all of the other documents you need to protect your loved ones. There is no obligation, no pressure, and no surprises. Just clear, plain-English answers to your questions. *DISCLAIMER: This article is provided for general informational purposes only and does not constitute legal advice for any individual case or situation. Reading this article does not create an attorney-client relationship. Estate planning laws change. Please consult a qualified Arizona attorney for advice specific to your circumstances.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch thie [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Guardian for Minor Children FAQ | KEYTLaw](https://www.keytlaw.com/arizona-guardian-minor-children-faq/) **Published:** April 18, 2026 **Author:** Richard Keyt **Content:** # Guardian of Arizona Minor Children Frequently Asked Questions [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![guardian-faq](https://www.keytlaw.com/wp-content/uploads/2026/04/guardian-faq-scaled.png "guardian-faq - KEYTLaw") ## Our 5-Star Reviews Excellent [KEYTLaw LLC](https://www.keytlaw.com/)4.9 [See all reviews](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Cindy S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My son passed away in AZ where he lived. I, his mother live in Savannah, GA. Not familiar with AZ law, I went to the Keyt Law offices in Phoenix. Richard Keyt Jr. was very welcoming and helpful from the start and all the way through Probate. Any questions that I had, he answered promptly and efficiently. I would highly recommend this Law firm. I am very pleased! Thank you Richard!!!!! [Divine Doors Assisted Living, L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My attorney Ricky with KEYTLaw has been so helpful through the process of starting my business. I am grateful to him and his staff for their timely assistance and for their expertise. [Mark B.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Laura H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have worked with Keyt law for many years, they’ve helped me form all of my LLCs, create my estate plan, and handle many other legal matters. Their staff is always friendly, responsive, and professional, making every process smooth and stress free. I highly recommend Keyt Law to anyone looking for knowledgeable attorneys who provide exceptional service. [Lucia W.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I first contacted Keyt Law firm when I was thinking about opening up my own nonprofit business. Everyone that I spoke to was very patient and knowledgeable in going through the steps necessary to make sure that I was comfortable in what I was endeavoring to do. Special thanks to Noah who was always available to answer my questions and guided me through all the steps. I am very confident in recommending Keyt Law Firm. [Greg M.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Noah is very helpful with a can do attitude. I wish the world had more like him. [montetackett](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Easy, affordable and accurate. [Valli Dawn H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard, Noah and the team at Keyt Law did a great job helping us with several estate and corporate planning goals we had. They were prompt, thorough, provided great communication and we will contact them again anytime we need updates or help. [Joseph Z.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Awesome services and great communication. Highly recommended! [Susan R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Twenty years ago I decided to start a non profit with no business experience and a vision of helping teens who were facing multiple challenges. I found Keyt Law online with free information for start ups like mine. I randomly called the office and Mr. Keyt answered the phone. I explained my mission and he spent the next hour taking me through the process. He never sent me a bill for his invaluable time. Keyt Law has been my statutory agent since then with a very small fee. Any time I have a question or problem they are there for me. The integrity of this law firm is a direct reflection of its Founder. I was blessed to have them by my side. Special thanks to Noah from accounting who helped me with my annual report! [Andrew K.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very efficient service. My experience is limited to the formation of two LLCs. They were handled very well and quickly. The price was also reasonable. [Jerry G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Used them to set up LLC and annual renewal. Seamless and easy to work with. [M.M. R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very glad to give 5 star rating to KeithLaw firm. We have established an IRA LLC from 13 years ago with assistance from this very client friendly law firm. I found them to be very reliable, courteous and easy to work with. I still talk to them from time to time for timely advice as needed. I very strongly recommend this friendly family friendly legal firm to any one in need of legal help particularly those from retired community. [Mary E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law Firm was great in helping us set up our LLC and keeping us informed when things need to be renewed. [Eric G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard’s expertise and guidance made a big difference for us and we would not have been able to do this without his knowledge. He was kind enough to “warn us” that our first 1023 application may not get IRS approval because it wasn’t mission driven enough. That caused us to completely reframe our entire concept and a complete redo of the form and it worked out so well that we actually got approval from the IRS two weeks after submitting our form 1023 along with an expedited request. Thank you so much Richard! [Justin G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very helpful with setting up business organizations. [Latrice J.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I absolutely appreciate this firm because they have assisted me With my nonprofit in terms of setting it up and assisting me with education via their website and much more. I would not be able to continue helping survivors and domestic violence without their support. [Kara E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard Keyt Jr. is one of the most knowledgeable and thorough attorneys I have worked with. We hired Richard to review trust, estate, and loan documents that had been prepared by another attorney. During his review, he identified a significant issue that could have resulted in approximately hundreds of thousands of dollars in unnecessary tax consequences. His analysis likely saved our family an enormous amount of money and gave us confidence that the documents were accomplishing what was actually intended. When revised documents were later prepared, Richard reviewed those as well and identified additional concerns that warranted further attention. His willingness to carefully review every detail and ask the difficult questions provided an extra level of protection that was invaluable. What sets Richard apart is his ability to explain highly complex trust, estate, and tax issues in a way that ordinary people can understand. He is approachable, patient, and easy to talk to. He can support his opinions with statutes and case law, yet he never comes across as arrogant or intimidating. When dealing with important family, trust, and estate matters, you need someone who is willing to look beyond the surface and identify problems before they become expensive mistakes. Richard did exactly that for us. His expertise, attention to detail, and commitment to protecting his clients’ interests gave us tremendous peace of mind. I recommend Richard Keyt Jr. without hesitation. If you are looking for an attorney who combines exceptional legal knowledge with practical, understandable advice, Richard is an excellent choice. [Jacqueline F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) They set up my LLC 5 years ago and have been taking great care of me ever since! [Josh F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Bela F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Excellent staff, professional, attentive and considerate [Wayne L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very easy to work with and responsive, will be using them again. [Ken E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have done several LLCs and other work with Keyt Law, and they are expert, fast, affordable and easy to work with. Richard is always super accessible on the phone and he always makes time to answer questions, discuss options and provide solutions. [Dar S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law establishment out LLC for us and were very knowledgeable and efficient. They are great about providing their customers with information they should know about and there is no pressure to upsell you further services. [Garratt P.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Exceptionally professional, informative, and easy to work with. Richard Keyt Jr. made the process seamless and informative. The Gold Package is worth every penny. You will also receive this beautiful leather bound book with all your documents. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) If you have minor children and you haven’t named a guardian in your estate plan, a judge who has never met your family will make one of the most important decisions of your life. Here are the questions Arizona parents most often ask us about this topic. ## Naming Guardians of Minor Children Frequently Asked Questions ## **1: What exactly is a guardian of a minor child?** A guardian is the person you choose to step in and raise your children if both parents die or become legally unable to act as parents. The guardian has full legal authority to make decisions about your child’s health, education, and daily life — everything you do as a parent right now. It’s important to understand the difference between a **guardian** and a **trustee**. A guardian raises your child. A trustee manages the money and assets you leave behind for your child. These are two separate roles, and both should be named in your estate plan. Sometimes the same person fills both roles. Sometimes it makes more sense to split them. ## **2: What happens if I die without naming a guardian for my children?** A judge decides who raises them. That is not an overstatement — it is exactly what happens under Arizona law. Here is the sequence of events: - **Arizona’s probate court takes jurisdiction** over your minor children immediately. - **Anyone can petition the court** to be appointed guardian — a grandparent, a sibling, an aunt or uncle, even a family friend. If more than one person wants to raise your children, the result can be a painful, expensive legal battle within your own family at the worst possible time. - **A judge applies the “best interests of the child” standard.** That sounds reasonable, but the judge has no idea what you would have wanted, what your values are, what your faith is, or who you trusted most to love your children. Without a written nomination from you, the judge is guessing. - **Your children may be placed in temporary care** while the court proceedings unfold. That transition is hard on children who have just lost their parents. The bottom line: if you don’t name a guardian, you are handing that decision to a stranger in a black robe. --- ## **3: How do I legally name a guardian for my children in Arizona?** Under Arizona law — specifically A.R.S. § 14-5202 — a parent may appoint a guardian for an unmarried minor child in a **Last Will and Testament**. This is called a testamentary appointment of a guardian. At KEYTLaw, every estate plan we prepare also includes a will that formally records your nomination. ## **4: When does the guardian appointment actually take effect?** Not at the moment you die. The appointment only becomes effective when two things happen: - Both parents are deceased (or the surviving parent has been found legally incapacitated by a court), **and** - The person you named files a written acceptance with the probate court. This is one important reason to have a real conversation with your nominee before you name them. They need to know they’ve been nominated, agree to serve, and know where your documents are located. ## **5: What if my spouse and I named different guardians in our wills?** Arizona law has a clear answer: **the appointment made by the parent who died last controls.** This is a strong argument for both parents to agree on a guardian and name the same person in their respective estate plans. If you and your spouse name different people, there is no guarantee the person you chose will end up raising your children. ## **6: Can my child have a say in who becomes their guardian?** Yes — but only if your child is at least 14 years old. Under A.R.S. § 14-5203, a minor who is 14 or older may file a written objection with the court to block or even end a guardian appointment. Children younger than 14 have no formal say in the matter under Arizona law. This is one more reason to name a guardian now, while you are here to make that choice. Once your children are teenagers, they have a voice. Before that, you are the only one who can protect them. ## **7: Does a will avoid probate?** No — and this is one of the most important things we tell our clients. A will names the guardian of your minor children, but a will by itself **does not avoid probate**. The will still has to be filed with and approved by the probate court before it has any legal effect. Probate takes time, costs money, and delays both the care your children need and the financial support your estate is meant to provide. ## **8: What documents does a complete KEYTLaw estate plan include?** Every estate plan we prepare includes the following 10 documents: 1. Revocable Living Trust 2. Certification of Trust 3. Healthcare Power of Attorney 4. HIPAA Authorization 5. Financial Power of Attorney 6. Living Will (Advance Directive) 7. Deed to Transfer Your Home to the Trust 8. Designation of Guardian for Minor Children 9. Assignment of Personal Property to the Trust 10. Personal Property Memorandum ## **9: Should I also protect the money I leave my children?** Absolutely. We strongly recommend including an **irrevocable asset-protected trust** for your children’s inheritance inside your revocable living trust. This shields whatever you leave your children from their creditors, future ex-spouses, and bankruptcy courts. You worked hard to build something worth leaving behind. An asset-protected trust helps make sure it actually stays with the people you love. ## **10: How do I choose the right person to be my children’s guardian?** The legal mechanics are straightforward. The personal decision is harder. Here are the questions we suggest every Arizona parent think through: **Does this person share my values?** Choose someone who will raise your children in alignment with your faith, your parenting philosophy, and your hopes for who your children will become. Financial stability matters, but it is not the only thing that matters. **Is this realistic?** Would your nominee have the capacity to add your children to their family? Do they live close enough to minimize disruption to your children’s schools and friendships? Are they in good enough health to take on this responsibility? **Have you talked to them?** Never surprise someone with this. Have the conversation. Make sure they are willing to serve and that they understand what you would want for your children. **Have you named an alternate?** Life changes. The person you name today may predecease you, become unable to serve, or simply not be in a position to step up when the time comes. Always name a primary guardian and at least one alternate. This article is for general educational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a licensed Arizona attorney. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch this [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). Our estate plan includes a Last Will & Testament that names guardians. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Financial Power of Attorney FAQs | KEYTLaw](https://www.keytlaw.com/arizona-financial-power-of-attorney-faqs/) **Published:** April 13, 2026 **Author:** Richard Keyt **Content:** # Arizona Financial Power of Attorney Frequently Asked Questions By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![financial-power-of-attorney](https://www.keytlaw.com/wp-content/uploads/2026/04/fpoa-1-scaled.png "fpoa - KEYTLaw") A financial power of attorney is one of the most important documents any Arizona adult can sign — and one of the least understood. Below, we answer more than 30 of the most common questions we get from Arizona clients and families about Financial Powers of Attorney. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Arizona Financial Power of Attorney Frequently Asked Questions ## The Basics **Q 1. What is an Arizona financial power of attorney?** An Arizona financial power of attorney (also called a durable power of attorney for finances, or DPOA) is a legal document in which you — the principal — authorize one or more trusted people to manage your financial affairs on your behalf. The person you authorize is called your agent (or attorney-in-fact). The agent can pay your bills, manage your bank accounts, file your tax returns, manage real estate, and handle dozens of other financial tasks — either immediately upon signing or only if you become incapacitated, depending on how the document is drafted. **Q 2. What does “durable” mean?** The word *durable* means the power of attorney stays valid even if you later become mentally incapacitated. That is the whole point. A non-durable power of attorney automatically expires the moment you can no longer make decisions for yourself — exactly when you need it most. In Arizona, under A.R.S. § 14-5502, a power of attorney is presumed durable unless the document specifically states otherwise. Always make sure your document states it is durable. **Q 3. Is a financial power of attorney the same as a healthcare power of attorney?** No. These are two separate documents. A financial power of attorney covers your financial and business affairs. A healthcare power of attorney (also called a healthcare proxy or durable power of attorney for healthcare) covers medical decisions — who can speak with your doctors, consent to surgery, or make end-of-life choices. Every complete Arizona estate plan should include both. At KEYTLaw, every estate plan we prepare includes both a financial power of attorney and a healthcare power of attorney. **Q 4. Is a financial power of attorney the same as a will?** No — they serve completely different purposes at completely different times. A financial power of attorney operates while you are *alive*. The moment you die, it expires instantly. A will (or a revocable living trust) takes over at death and governs how your assets are distributed. You need both. Neither one alone is a complete plan. **Q 5. Does a financial power of attorney replace a trust?** No. A revocable living trust and a financial power of attorney serve different functions. A trust owns and manages assets during your lifetime and passes them to beneficiaries at death without probate. A financial power of attorney covers assets that are not in your trust, manages tasks like filing your taxes, and handles financial matters in general. A complete Arizona estate plan includes both — a trust as the foundational document plus a financial power of attorney as a critical companion document. ## Arizona Law & Requirements **Q 6. What law governs financial powers of attorney in Arizona?** Arizona adopted the Uniform Power of Attorney Act, codified at Arizona Revised Statutes Sections 14-5501 through 14-5602. This law governs the creation of powers of attorney, the duties of agents, the authority that can be granted, and the revocation of the document. Arizona’s version includes important consumer protections that were not in older Arizona law, including stronger rules about agent accountability. **Q 7. What are the formal requirements for a valid Arizona financial power of attorney?** Under Arizona law, a financial power of attorney must be: (1) in writing; (2) signed by the principal — that is, you — while you have mental capacity; and (3) acknowledged before a notary public. Witnesses are not required under Arizona law for a financial power of attorney (unlike some other states), but some financial institutions prefer or require witnesses anyway. The document does not need to be filed with any court or government office to be valid. **Q 8. What mental capacity is required to sign a financial power of attorney?** You must have legal mental capacity at the time you sign the document. In general, this means you understand what a power of attorney is, who you are naming as your agent, what authority you are granting, and the general nature of your assets and relationships. You do not need to have perfect memory or full cognitive ability — but you must understand the basic nature and consequences of the document you are signing. **Q 9. Does a financial power of attorney need to be recorded with the county recorder?** Generally, no — the document is valid without recording. However, if your agent will be handling real estate transactions on your behalf (buying, selling, mortgaging, or transferring property), it is strongly advisable to record a copy of the power of attorney with the county recorder in the county where the property is located. Most title companies and lenders require a recorded copy before they will allow an agent to act on real estate transactions. **Q 10. Can I use a fill-in-the-blank or online power of attorney form I found on the internet?** We strongly advise against it. Many online forms are either from other states (and may not comply with Arizona law), are out of date, use vague language that financial institutions will reject, or omit critical powers your agent will need. A document that is technically defective or that your bank refuses to honor is worthless — often discovered at the worst possible moment. The cost of having an experienced Arizona estate planning attorney draft this document correctly is small compared to the cost and chaos of having it fail when your family needs it. ## What Your Agent Can (and Cannot) Do **Q 11. What financial powers can I give my agent in an Arizona DPOA?** A well-drafted Arizona financial power of attorney can authorize your agent to handle virtually every financial task in your life, including: - Pay bills and living expenses - Manage bank, brokerage, and investment accounts - File federal and state income tax returns - Buy, sell, mortgage, or manage real estate - Operate your business interests and LLCs - Apply for and collect government benefits (Social Security, Medicare, VA benefits) - Make gifts on your behalf (subject to limits) - Manage retirement accounts and IRAs - Handle insurance policies and claims - Settle debts and negotiate with creditors - Access safe deposit boxes - Manage digital assets, online accounts, and cryptocurrency - Fund or manage your revocable living trust The scope of authority is entirely up to you. You can grant broad, general powers or limit your agent to specific tasks only. **Q 12. Are there things my agent cannot do under an Arizona DPOA?** Yes. Even with a broad financial power of attorney, your agent generally cannot: (1) make or change your will; (2) vote in elections on your behalf; (3) make decisions about your personal care, housing, or medical treatment (those require a healthcare power of attorney or guardianship); (4) act in ways that violate the fiduciary duty to act in your best interests; or (5) make gifts to themselves beyond what you have specifically authorized in the document. **Q 13. Can my agent make gifts to family members or to themselves?** Only if the document specifically authorizes it — and it must do so clearly. Under Arizona’s Uniform Power of Attorney Act, the authority to make gifts (including self-gifts by the agent) is a “hot power” that requires explicit authorization in the document. Without that specific grant of authority, gifts are not permitted. This is an important protection against financial elder abuse. If you want your agent to be able to make annual exclusion gifts to your children or grandchildren for estate planning purposes, we can include that authority in your document. **Q 14. What are “hot powers” under Arizona law?** Arizona law requires that certain unusually significant powers be explicitly granted in the document rather than being implied by general language. These “hot powers” include: making gifts, creating or amending trusts, modifying beneficiary designations, delegating authority to another agent, waiving the principal’s right to be a beneficiary of a joint tenancy, and exercising fiduciary powers if the principal holds a fiduciary role. If you want your agent to have any of these powers, your attorney must include specific language in the document granting them. **Q 15. Can my agent change my beneficiary designations on my life insurance or retirement accounts?** Only if the document specifically authorizes it — this is one of the “hot powers” under Arizona law. Because changing a beneficiary designation can dramatically affect who inherits your estate, Arizona law requires explicit authorization. If Medicaid planning or other important reasons make this power important for your situation, we can include it in your DPOA. ## Choosing Your Agent **Q 16. Who should I name as my agent?** This is the most important decision you will make in drafting a financial power of attorney. Your agent will have access to your bank accounts, real estate, investments, and potentially your business. Name someone who is: (1) completely trustworthy with your financial life; (2) financially responsible and organized; (3) willing and able to serve — acting as an agent takes real time and effort; (4) geographically accessible, ideally local; and (5) someone who understands your values and financial goals. Commonly named agents include a spouse, an adult child, a sibling, a close friend, or a professional fiduciary. **Q 17. Can I name more than one agent?** Yes. You can name co-agents (who must act together or can act independently, depending on how you draft the document) or you can name a primary agent and one or more successor agents who step in only if the primary agent is unable or unwilling to serve. I generally recommend naming a primary agent and at least one successor agent. Co-agents can create logistical complications if they must act jointly, so discuss this with your attorney before choosing that structure. **Q 18. What duties does my agent owe me under Arizona law?** Your agent owes you a fiduciary duty — the highest duty of loyalty and care that Arizona law recognizes. Specifically, your agent must: act in your best interests; act in accordance with your known wishes and values; keep your assets separate from their own; keep records of all transactions; avoid conflicts of interest; and not use your assets for their own benefit unless specifically authorized. An agent who violates these duties can be held personally liable for losses. **Q 20. What if I cannot find anyone I fully trust to be my agent?** If you have no family member or close friend you fully trust, you can name a professional fiduciary. Arizona licenses professional fiduciaries who are bonded, regulated by the state, and required to act in your best interests. This is particularly common for single individuals without close family, or for those whose family members have conflicts of interest. I can refer you to reputable Arizona professional fiduciaries. ## Immediate vs. Springing Powers of Attorney **Q 21. What is the difference between an “immediate” and a “springing” DPOA?** An **immediate DPOA** takes effect the moment you sign it. Your agent can act on your behalf right away, even while you are fully capable. An **springing DPOA** “springs” into effect only when you become incapacitated, as certified by one or more licensed physicians. Many clients feel more comfortable with a springing DPOA because it limits the agent’s authority until it’s actually needed. However, the springing mechanism can cause practical delays at exactly the worst moment — when your family is trying to act urgently and physicians must be contacted for certifications. **Q 22. Which type of DPOA do you recommend — immediate or springing?** Most experienced Arizona estate planning attorneys, including myself, recommend the immediate DPOA paired with a trustworthy agent. Here is why: the springing mechanism adds procedural complexity at precisely the moment your family needs to act quickly. By the time physicians certify incapacity and the document is activated, critical financial decisions may already be overdue. If you genuinely trust your agent — and you should, because they have enormous authority — the immediate DPOA is the more practical choice. ## Banks, Financial Institutions & Third Parties **Q 23. Will banks and financial institutions honor an Arizona financial power of attorney?** Generally, yes — Arizona law provides strong protections for third parties who rely on a properly executed power of attorney in good faith. However, some financial institutions have their own internal policies and may initially push back, ask for additional documentation, or request that the document be recorded. A well-drafted document by an experienced Arizona estate planning attorney will meet all of the statutory requirements and most institutional requirements. Using an online form increases the risk of rejection. **Q 24. Can a bank or institution refuse to honor my power of attorney?** Under Arizona law, a person who refuses to accept an acknowledged power of attorney can be ordered by a court to honor it and can be held liable for attorney fees and damages. However, there are limited exceptions: an institution may refuse if (1) the document is defective on its face, (2) the institution has actual knowledge of fraud, (3) the institution has actual knowledge of the principal’s death or revocation, or (4) the document was more than a certain number of years old and the institution has policies around aging documents. If a bank refuses your agent’s proper request, consulting an attorney quickly is advisable. **Q 25. Can my agent access my IRA or 401(k) using a financial power of attorney?** Retirement accounts are governed by federal law and plan documents, and many IRA custodians and 401(k) plan administrators have their own requirements for accepting powers of attorney — including the requirement to complete the institution’s own power of attorney form, or to show specific language in the document authorizing retirement account management. This should be discussed in detail with your estate planning attorney when drafting your DPOA, and you should notify your retirement account custodians in advance about your agent. ## Revoking and Terminating a DPOA **Q 26. Can I revoke a financial power of attorney?** Yes — as long as you have mental capacity, you can revoke a financial power of attorney at any time, for any reason or no reason at all. A revocation should be done in writing and delivered to your agent and to any financial institution or third party who has received a copy of the original document. If the original DPOA was recorded with the county recorder, the revocation should also be recorded. **Q 27. Does a financial power of attorney automatically expire?** A durable financial power of attorney does not expire on its own — it remains valid until you revoke it, you die, or a court revokes it. Some documents include a stated expiration date, but most properly drafted Arizona DPOAs do not. Importantly, the DPOA terminates automatically at your death — at that point, your will or trust takes over. **Q 28. Does divorce automatically revoke a financial power of attorney naming my spouse as agent?** Yes. Under Arizona law, if you named your spouse as your agent and you later divorce (or have your marriage annulled), the authority granted to your former spouse is automatically revoked as of the date the divorce or annulment is finalized. However, it is still a best practice to formally revoke the old document and create a new one naming a different agent after a divorce — do not rely solely on the automatic statutory revocation. **Q 29. What happens if my agent dies or becomes incapacitated?** If your primary agent dies, becomes incapacitated, or resigns and you have not named a successor agent, your DPOA may be rendered ineffective. This is one reason I always recommend naming at least one successor agent in the document — someone who steps in automatically if your primary agent is unable to serve. Review your document regularly and update it when life circumstances change. ## What Happens if I Don't Have a FPOA? **Q 30. What happens if I become incapacitated without a financial power of attorney?** Without a DPOA, Arizona law provides only one remedy: a court-supervised conservatorship proceeding in Arizona Superior Court. A conservatorship is the court process by which a judge appoints someone to manage your financial affairs. This process typically takes three to six months (or longer), costs $5,000 to $15,000 or more in legal fees, requires ongoing annual court accountings, and makes your financial details part of a public court record. And all of that burden falls on your family during an already devastating period of their lives. **Q 31. Can my spouse manage our joint accounts without a power of attorney?** Your spouse can generally manage accounts titled jointly with right of survivorship. But many accounts are titled in only one spouse’s name — particularly investment accounts, retirement accounts, and business accounts. Also, your spouse cannot make decisions about accounts, real estate, or business interests that are solely in your name without legal authority. A financial power of attorney provides that authority clearly and without the need for court involvement. **Q 32. My adult child is over age 17. Do I have legal authority over their finances?** No. Once your child turns 18 in Arizona, they are a legal adult. You have zero legal authority over their finances, their medical care, or any other aspect of their life — even as their parent. If your adult child is in an accident or becomes seriously ill, you cannot access their bank account, pay their rent, or manage their student loans without a power of attorney. Every adult child — at college, just starting their career, or living at home — should have a financial power of attorney naming a parent or trusted person as agent. **Q 33. I’m young and healthy. Do I really need a financial power of attorney now?** Yes — and arguably more urgently than older people realize. Car accidents, sports injuries, brain injuries, and sudden serious illness do not discriminate by age. Young, healthy adults are among the most exposed to this risk because they typically have no estate plan at all. The three scenarios I see most often in younger clients: a 28-year-old in a coma whose parents can’t pay their rent; a 32-year-old business owner hospitalized with no one authorized to sign contracts; and a 25-year-old college student whose parents find out they have no legal authority at all. A financial power of attorney is not just for the elderly — it is for every adult. ## The KEYTLaw Estate Plan **Q 34. Is a financial power of attorney included in a KEYTLaw estate plan?** Yes. Every KEYTLaw estate plan includes a durable financial power of attorney as a standard component — along with a revocable living trust, certification of trust, healthcare power of attorney, HIPAA authorization, living will (advance directive), a deed transferring your home to your trust, designation of guardian for minor children, assignment of personal property to the trust, and a personal property memorandum. We prepare all of these documents together as a coordinated, complete estate plan — because each document serves a specific purpose and they are designed to work together. **Q 35. Can I hire KEYTLaw to prepare just a financial power of attorney?** Yes. If you already have an estate plan but are missing a financial power of attorney, or if you need to update an existing document, we can prepare a standalone financial power of attorney for you. That said, I always encourage clients to review their entire estate plan at the same time — because if your DPOA needs updating, it is very likely that other documents do too. Call or [book a free consultation](https://www.keytlaw.com/calendar) and I will review your situation at no charge. **Q 36. Do you offer free consultations about financial powers of attorney?** Yes. We do not charge to speak with people. You can book a free office, phone, or Zoom video meeting with me at [keytlaw.com/calendar](https://www.keytlaw.com/calendar), or call me directly at 480-664-7478, or call my Arizona estate planning attorney son Ricky at 480-664-7472. We serve clients throughout Arizona, including Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Chandler, and Queen Creek — and we can meet by Zoom with Arizona residents anywhere in the state. **Q 37. How long does it take to prepare an Arizona financial power of attorney?** For a standalone financial power of attorney, we typically complete the document within a few business days of receiving your information and payment. If you are having us prepare a complete estate plan that includes a DPOA, the process usually takes one to two weeks from the time we receive your completed questionnaire. We work efficiently because we understand that estate planning should not take months to complete. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch thie [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Are Your Loved Ones Protected If Something Happens to You?](https://www.keytlaw.com/1ep/) **Published:** May 10, 2026 **Author:** Richard Keyt **Content:** # Are Your Loved Ones Protected If Something Happens to You? [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Your Loved Ones Pay the Price if You Fail to Plan If you haven’t created a comprehensive estate plan yet, you’re not alone—but you may be unknowingly putting your loved ones at risk. Estate planning isn’t just for the wealthy or elderly. It’s for *every adult who wants to protect their family, preserve their legacy, and make life easier for the people they care about most.* I’ve been an Arizona estate planning attorney since 1979. In that time, I’ve seen something over and over that breaks my heart: Families in crisis — not because of what happened to their loved one, but because of what their loved one *never got around to doing.* I don’t want that to happen to your family. So let me be direct with you. **If you die without a revocable living trust, here’s what happens:** Your family goes to probate court. Everything stops. Your spouse, your children, your parents — whoever depends on you — cannot access your assets. Not your bank accounts. Not your home. Not your investments. Nothing. Until the court says so. And that can take six months, a year or longer. Meanwhile, the bills don’t stop. The mortgage doesn’t stop. Life doesn’t stop. And when probate finally ends? Your family has paid attorney fees, court costs, and filing fees out of *your estate* — money that should have gone to the people you love. **If you die without a will or a trust, the State of Arizona, not you, decides who gets your assets.** Arizona’s intestacy laws may not match your wishes at all. A signiticant other, a child from a prior relationship, a stepchild you raised as your own, a close friend — they may get nothing. People you never intended to inherit from you may get everything. You lose all control the moment you die without a plan because the law of your state of residence determines who inherits your assets. **If you become incapacitated without a financial power of attorney, a court appoints a guardian to manage your money.** This is called a conservatorship. It’s expensive, it’s public, and it strips your family of the ability to simply step in and help you. Instead, they have to petition a judge — while you’re lying in a hospital bed. **If you have no healthcare power of attorney or living will, doctors may not be able to talk to your family.** HIPAA laws are strict. Without a signed HIPAA authorization and healthcare power of attorney, the hospital may legally be unable to share your medical information with your spouse or children. And if you’re unconscious and can’t speak for yourself, no one has the legal authority to make medical decisions on your behalf — not even your husband or wife. Worse, without a living will telling doctors what *you* want, your family may be forced to make agonizing end-of-life decisions with no guidance from you — decisions that can tear families apart. **This is the price of not planning. And every bit of it is avoidable.** A complete KEYTLaw estate plan puts all the right legal protections in place: - ✅ **Revocable Living Trust** — keeps your estate out of probate entirely - ✅ **Last Will & Testament** — works with the trust and transfers assets you didn’t put in the trust to the trust - ✅ **Healthcare Power of Attorney** — names one or more healhtcare agents who makes medical decisions for you if you can’t communicate with your doctor - ✅ **HIPAA Authorization** — lets your healthcare agents talk to your doctors - ✅ **Financial Power of Attorney** — lets a trusted person manage your finances if you’re incapacitated - ✅ **Living Will (Advance Directive)** — tells doctors exactly what you want if you’re on life support - ✅ **Deed** — that transfers your home into your trust. One plan. Seven critical documents. Total protection for you and everyone who depends on you. I’ve been doing this for 46 years. I’ve seen what happens to families who planned — and families who didn’t. The difference is not subtle. It is enormous. **Your family deserves better than a probate court, a hospital waiting room, and a judge making decisions you should have made yourself.** The good news: you can fix all of this with one conversation. We offer free consultations by phone, Zoom video, or in person at my office at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale. No pressure. No obligation. Just a frank conversation about what the right plan looks like for your family — and what it costs to get it done. 👉 **[Book your free consultation here](https://www.keytlaw.com/calendar)** Don’t let the price of not planning fall on the people you love most. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Who Will Raise Your Minor Children if You Can't?](https://www.keytlaw.com/7ep/) **Published:** May 10, 2026 **Author:** Richard Keyt **Content:** # Who Will Raise Your Minor Children if You Can't? [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Don't Let a Judge Determine Who Will Raise Your Minor Children I want to ask you a question that most parents never let themselves think about. If you and your spouse both died tonight — in a car accident on the way home, in a plane crash on vacation, in any of the sudden and terrible ways that life can end without warning — who would raise your children tomorrow morning? Not who you *hope* would raise them. Not who you’ve *talked about* raising them. Who would a judge appoint to raise them if you left no written instructions? The answer might surprise you. And it might horrify you. **Without a guardian designation, a judge decides.** Arizona law does not automatically give your children to the person you would choose. Without a legally valid guardian designation, the Superior Court appoints whoever it determines is in the best interest of your children — based on who shows up, who petitions the court, and what a judge decides after a hearing. That could be the right person. It could also be the wrong one entirely. Maybe there’s a well-meaning relative who loves your children but whose lifestyle, values, or parenting approach is nothing like yours. Maybe there’s a family member who would absolutely step forward to claim custody — someone you would never in a million years choose to raise your kids. Maybe two branches of your family would fight over your children in open court, turning their grief into a legal battle. Without your written instructions, none of that is in your control. The moment you die without a guardian designation, the decision belongs to a judge who has never met your children, never met you, and has no idea what you would have wanted. **And there’s a scenario even more immediate than that.** Let’s say you and your spouse are both seriously injured in a car accident tonight. You’re both rushed to the hospital. You’re both unconscious. Your children are at home with a babysitter. Child Protective Services gets a call. Nobody has legal authority to step in and take your children. The long-term guardian you would have chosen lives in another state and can’t get there until tomorrow afternoon. Without a short-term guardian designation naming a trusted local person — a neighbor, a nearby friend, a relative down the street — your children could be placed in CPS custody tonight. Not because anyone did anything wrong. Simply because you never wrote down who should care for them in an emergency. That document takes us twenty minutes to prepare. It could mean the difference between your children sleeping in a friend’s home tonight and sleeping in a temporary foster placement. **What a complete KEYTLaw guardian plan includes.** When you have minor children, every KEYTLaw estate plan includes five documents specifically designed to protect them: **1. Long-Term Guardian Designation** This tells the Superior Court exactly who you want to raise your children if both parents are gone. This is the single most important document a parent of young children can have. It is your voice in a courtroom you’ll never enter. **2. Healthcare Power of Attorney for Each Minor Child** Names the person authorized to make medical decisions for your child if you and the other parent cannot be reached. If your child is in the hospital and the surgeon needs to know whether to operate, this document gives a trusted adult the legal authority to say yes. **3. Letter to the Court: Who Should Never Raise Your Children** If there is anyone — an estranged relative, a person with a history of poor choices, anyone at all — whom you would never want raising your children, this document tells the court exactly that in writing. It is powerful, it is legal, and it puts your wishes on the record. **4. Conservator Designation** Names the person you want to manage your minor children’s financial assets if both parents are gone. Arizona law prohibits minors from managing their own assets — without this designation, the court appoints whoever it chooses. **The conversation you keep putting off.** I know why parents delay this. It means sitting down and imagining the worst thing that could happen. It means confronting your own mortality and your children’s vulnerability at the same time. It is deeply uncomfortable. But here is what I know after 46 years of practicing law in Arizona: - The parents who had this plan in place never had to use it — and they slept better knowing it was there. - The parents who didn’t have it in place, and something happened — their families paid a price that no amount of money could fully fix. Your children deserve to know that if the worst happened, you planned for them. That you thought about who would love them, protect them, and raise them to become who you always believed they could be. That you didn’t leave that decision to a stranger in a black robe. That is what this document is. It is a letter to your children that says: *I thought about you. I planned for you. You were never an afterthought.* A complete KEYTLaw estate plan — including all five minor child protection documents, your revocable living trust, will, powers of attorney, and 27 other documents and services — is **$3,497 for one person** or **$4,497 for a married couple.** One flat fee. Complete protection. For your children and for you. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [KEYTLaw Estate Planning Reviews: Trusted AZ Attorneys](https://www.keytlaw.com/5ep/) **Published:** May 10, 2026 **Author:** Richard Keyt **Content:** # What Our Clients Say About Our Estate Plan Services [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) Recently I’ve shared a lot with you about estate planning — what happens without a plan, what our plan includes, what it costs, and why the right structure matters so much for your family. Today I want to step back and let our clients do the talking. Because at the end of the day, you shouldn’t just take my word for it. You should hear from the real Arizona families and business owners who hired us, went through the process, and came out the other side with a complete estate plan and the peace of mind that comes with it. Here is a small sample of what our clients have shared. We have 309 star Google reviews and 424 five-star reviews across Google, Facebook, and Birdeye — but these are the ones that speak most directly to what you are probably thinking about right now. **On the experience of working with the Keyts** # What Our Clients Say About KEYTLaw’s Estate Planning Services *“Clear, comprehensive, and well-priced. I know several folks who have used them and found my own experience to be the same.”* — Samantha T. *“Absolutely wonderful people to work with. They created my trust documents quickly and were very professional. Affordable, professional, friendly, knowledgeable and extremely helpful. I would highly suggest calling them for your estate planning needs.”* — Larry C. *“Working with Keyt Law has been an exceptional experience from start to finish. Their team is knowledgeable, responsive, and incredibly easy to work with. They made the entire process clear and straightforward.”* — Dr. Carla D. **On the value of what they received:** *“The Gold Package is worth every penny. You will also receive this beautiful leather bound book with all your documents.”* — Garratt P. *“I’ve now set up several different LLCs with Keyt Law, in addition to knocking out our estate planning. Their process makes it simple and straightforward and the value is there for what we paid.”* — Kyle B. *“These guys are great. I had multiple phone calls with them to answer questions. They set up my Trust and private LLC. I’m super happy.”* — Ananda S. **On Richard Keyt personally:** *“Mr. Keyt has helped me on two occasions beyond what I thought an attorney would ever do to help a street kid get to the next level. His son is remarkable — plus he is a CPA. They have helped far better protect my assets while helping me to decrease my tax liabilities. I sleep well knowing the Keyts will be my representation for the rest of my days right here in my beloved home in AZ.”* — Mike K. *“Richard Keyt has always answered my questions clearly and quickly, even years after he has established my LLC’s. I am extremely pleased with his service.”* — Bill W. *“Years after establishing my trust they still take the time to answer my questions.”* — Brad W. **On the process itself:** *“The questionnaire that is sent to be filled out was extensive, detailed and exhaustive. The experience was excellent. KEYTLaw seems to have set up a process which takes a systematic approach — when I see this, I feel more comfortable given the detail and context in the process. They know what they are doing.”* — Thomas S. *“Richard explained things to me in non-legal terms that I could understand during my free consultation, and within 24 hours both the LLC and trust were set up. Communication is fantastic and their experience speaks for itself.”* — Ann A. *“KEYTLaw has the best processes with a lot that can be done online. They have been my one-stop shop for estate, trust, will, and LLCs.”* — Sam B. **On referring friends and family:** *“I’ve already recommended him to one of our clients who is also setting up an LLC.”* — Diane O. *“I have been referring Keyt Law to my friends as well.”* — Larry C. *“I will continue to recommend their excellent services.”* — Dr. Carla D. *“KEYTLaw is the best legal team we have had. We have used them countless times over the years and are grateful for the detail and care they take in each item we need assistance on.”* — The Pruitt T. **What you can expect when you hire us.** Based on what our clients consistently tell us, here is what the KEYTLaw experience looks like from start to finish: **Step 1 — Free Consultation.** We meet by phone, Zoom, or in person at our Scottsdale office. We answer every question you have, learn about your family and your assets, and design the right plan for your specific situation. No pressure. No obligation. No clock running. **Step 2 — Estate Plan Questionnaire.** You complete our [online questionnaire](https://www.keytlaw.com/epq) that gives us everything we need to draft your custom documents. You can do this before our meeting or we collect the information during the meeting. **Step 3 — We Draft Your Documents.** We prepare all ~Campaign.epdocs\_K188~ documents and services in your custom estate plan — your revocable living trust, your will, your powers of attorney, your deed, and everything else — customized specifically for your family. **Step 4 — You Sign.** You pick a date and time to come to our office to sign your documents. We provide two witnesses and a notary. **Step 5 — You Receive Your Complete Estate Plan.** We deliver your three-ring binder with all signed documents organized behind labeled tabs, your thumb drive with pdf digital copies of everything, your DocuBank membership card, your trust ID card, your asset inventory, your successor trustee manual, and your copy of our Family Asset Protection book. **Step 6 — We Support You After Signing.** We send you a series of post-signing emails walking you through funding your trust and transferring your assets. We make any changes you need within 90 days at no charge. And every six months we send you a reminder to review your plan and update anything that has changed in your life. That is the complete KEYTLaw experience. Start to finish. No surprises. **One last thing I want you to know.** I became an estate planning attorney because I genuinely believe this work matters. Not in a vague, abstract way — in a concrete, specific, this-will-change-what-happens-to-your-family way. Every week I meet with Arizona families who finally sat down and got this done. And without exception, they all say the same thing when it’s over: *“I can’t believe we waited this long. I feel so much better.”* That is what I want for you. Not because it’s good for my practice — but because I have spent 46 years watching what happens to families who planned and families who didn’t. The difference is not subtle. It is everything. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [What Happens If You Are Incapacitated in AZ? | KEYTLaw](https://www.keytlaw.com/6ep/) **Published:** May 10, 2026 **Author:** Richard Keyt **Content:** # What Happens If You Are Incapacitated in Arizona [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Arizona Incapacity Planning: Protect Your Family from a Medical Crisis Most people think about estate planning as preparation for death. But there’s a scenario that can be even harder on your family than dying — and almost nobody plans for it. What happens if you don’t die — but you can’t make decisions anymore? A stroke. A serious car accident. A sudden illness. Advanced dementia. It happens every day to people who never saw it coming. And when it happens to someone without the right legal documents in place, their family faces a crisis that is in many ways worse than losing them entirely. Let me walk you through what that looks like. **The scenario nobody wants to imagine.** Carol is 68. She lives alone in her Paradise Valley home. Her daughter lives in Denver. One morning, Carol has a severe stroke and is rushed to the hospital. She is alive — but she is unconscious and cannot communicate. She has no financial power of attorney. She has no healthcare power of attorney. She has no living will. Her daughter jumps on a plane and rushes to the hospital. She walks up to the nurses’ station and says: *“I’m Carol’s daughter. How is she? What’s happening? What are the doctors recommending?”* The nurse looks at her apologetically and says: *“I’m sorry. Without a HIPAA authorization, I can’t share any of her medical information with you.”* Her daughter cannot get a single detail about her own mother’s condition. Not from the nurses. Not from the doctors. Not from the hospital. HIPAA law prohibits it — and without a signed HIPAA authorization, Carol’s medical information is completely off-limits, even to her own child. That is just the beginning. **No healthcare power of attorney means no one is legally in charge.** The doctors need to make decisions. Carol can’t make them. Her daughter wants to make them. But without a healthcare power of attorney naming her daughter as her healthcare agent, her daughter has no legal authority to direct Carol’s medical care. The hospital may turn to a court-appointed guardian instead. A stranger — or at best a distant relative — could end up making the most intimate medical decisions of Carol’s life. What treatments to pursue. Whether to operate. Whether to place her in a memory care facility. Whether to keep her on life support. These decisions belong to Carol. She should have made them in advance and put them in writing. Without a living will telling her doctors what she wants, nobody knows — and her family is left to guess, argue, and agonize over choices that could have been made calmly, clearly, and on Carol’s own terms years earlier. **No financial power of attorney means her finances grind to a halt.** Meanwhile, Carol’s mortgage is due. Her utility bills are piling up. Her investment accounts need attention. Her car insurance needs to be renewed. Her daughter cannot pay a single one of Carol’s bills. She cannot access Carol’s bank accounts. She cannot manage Carol’s investments. She cannot sell Carol’s home if the medical bills require it. She has no legal authority to do anything with Carol’s finances — because Carol never signed a financial power of attorney naming her daughter as her agent. To get that authority, her daughter must go to Maricopa County Superior Court and petition for a **conservatorship**. That means hiring an attorney, filing a petition, waiting for a court hearing, and asking a judge to appoint her as Carol’s conservator. This process takes months. It costs thousands of dollars in attorney fees and court costs. It is public record. And it is entirely supervised by the court — meaning Carol’s daughter must report back to the court regularly and get court approval for major financial decisions, for as long as Carol is incapacitated. All of this — while also managing her mother’s medical crisis, traveling back and forth from Denver, and trying to hold her own life together. **Every bit of this is preventable with two documents.** A **financial power of attorney** and a **healthcare power of attorney** — combined with a **HIPAA authorization** and a **living will** — give Carol’s daughter the immediate legal authority to step in, speak to the doctors, manage the finances, and make decisions according to Carol’s own wishes. No court. No conservatorship. No petition. No judge. No public record. Just a trusted person doing exactly what Carol would have wanted — because Carol took an afternoon to plan ahead. These four documents are included in every KEYTLaw estate plan. So is a living will that tells your doctors exactly what you want if you are on life support and cannot communicate. You make those decisions now, in writing, while you are healthy and clear-headed — so your family never has to make them for you in a hospital hallway. **This is not a hypothetical. This happens every day.** Strokes. Dementia. Car accidents. Medical emergencies. Incapacity can come without warning at any age. And when it does, the families with proper documents in place move through the crisis with clarity and authority. The families without them face the court system at the worst possible moment. Which family do you want yours to be? A complete KEYTLaw estate plan — including your financial power of attorney, healthcare power of attorney, HIPAA authorization, living will, revocable living trust, and 36 other documents and services — is $3,497 for one person or $4,497 for a married couple. One flat fee. One hour to sign. A lifetime of protection for you and the people who love you. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [The True Cost of Arizona Probate (And How to Avoid It)](https://www.keytlaw.com/3ep/) **Published:** May 10, 2026 **Author:** Richard Keyt **Content:** # Arizona Probate Costs Loved Ones Time, Money, & Stress [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## What an Arizona Probate Actually Costs in Time, Money, and Stress Let me tell you about a family I’ll call the Johnsons. Tom Johnson worked hard his entire life. He owned a home in Scottsdale, had a brokerage account, a savings account, and a modest IRA. He always meant to set up a trust. He just never got around to it. Tom died unexpectedly at 71. No trust. No will. Just a house, some accounts, and a grieving family that had no idea what was coming next. What came next was probate. **Here’s what the Johnson family experienced — and what your family will experience if you die without a revocable living trust.** **First: Everything stops.** The day Tom died, his family lost access to nearly everything he owned. His bank accounts were frozen. His brokerage account was inaccessible. His home couldn’t be sold, transferred, or refinanced. Nothing could move until the Superior Court said so. His wife still had her own accounts, so she wasn’t destitute — but she was locked out of the assets they had built together for decades. **Second: The court process begins.** To get Tom’s assets released, his family had to hire a probate attorney and open a probate case in Maricopa County Superior Court. That meant filing a petition, paying court filing fees, waiting for a hearing date, publishing a legal notice in a newspaper so any creditors could come forward, and then waiting for the court to appoint a personal representative to manage the estate. This is not a fast process. **A simple, uncontested Arizona probate typically takes five months minimum.** If anything is contested — a disputed heir, an unhappy relative, an unexpected creditor — it can take years. **Third: The costs add up fast.** Probate isn’t free. Attorney fees, court filing fees, publication costs, personal representative fees — by the time Tom’s estate was closed, his family had spent thousands of dollars that should have gone to them. Our typical fee for a simple, uncontested Arizona probate is $5,000. That’s money paid to the court system instead of to the people Tom loved. **Fourth: It became public record.** Everything about Tom’s estate — every asset, every account, every dollar, every heir — became part of the public court record. Anyone could walk into the courthouse and look it up. His family’s financial lives were on display for strangers, distant relatives, and anyone else curious enough to look. **Fifth: The family was under enormous stress for months.** While they were grieving, Tom’s family was also managing court deadlines, collecting financial statements, dealing with attorneys, answering legal notices, and waiting. Month after month. For an estate that wasn’t complicated at all — just a house and a few accounts. All of it was avoidable. Every bit of it. **Here’s what would have happened if Tom had a revocable living trust.** His successor trustee — his wife or the trusted person he named — would have stepped in immediately. No court. No petition. No waiting. No publication. No public record. His home would have transferred to his wife within days, not months. His accounts would have been accessible immediately. His family would have been able to focus entirely on grieving and healing — not on navigating the Arizona court system while doing it. The trust would have cost Tom and his wife $4,497 if they had hired us to prepare their estate plan with a revocable living trust. The probate cost his family more than that — in attorney fees, court costs, and five months of waiting — plus the emotional toll that no dollar figure can capture. **The math is not close. The trust wins every time.** A KEYTLaw estate plan with a revocable living trust costs $3,497 for one person or $4,497 for a married couple. It includes 36 documents and services, a deed transferring your home into the trust, and complete protection for you and your family — for the rest of your life. Probate costs your family time, money, privacy, and peace of mind — at the worst possible moment. One of these is a gift to your family. The other is a burden you leave behind. You get to choose which one it is. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Custom Estate Plans for Blended Families | KEYTLaw](https://www.keytlaw.com/8ep/) **Published:** May 10, 2026 **Author:** Richard Keyt **Content:** # Custom Estate Plans for Blended Families [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Protect Your Children with a Blended Family Estate Plan If you are in a second marriage — or a third — and you have children from a prior relationship, you need to read this email carefully. Because the standard estate planning assumptions that work reasonably well for first families can produce genuinely catastrophic results for blended families. And most people in second marriages have no idea how much danger they are in until it is too late to fix it. Let me walk you through the scenarios I have seen play out over 46 years of practicing law in Arizona. These are not rare edge cases. They happen constantly — to good people who loved each other and simply never thought through the legal consequences of how their estate was structured. **The most common blended family disaster: your spouse inherits everything, your children get nothing.** Here is how it happens. David and Susan marry. It is David’s second marriage and Susan’s second marriage. David has two adult children from his first marriage. Susan has one adult child from hers. They own a home together in Scottsdale, have jointly owned assets, and genuinely love each other. David dies first. He has no trust, or he has a simple trust that leaves everything outright to Susan. Susan inherits everything — the house, the investments and all of his assets. That was David’s intention. He trusted Susan completely. Susan lives another eleven years. During that time, she grows closer to her own child and more distant from David’s children — as often happens naturally over a decade. When Susan dies, her estate plan leaves everything to her child. David’s children receive nothing. Not a dollar of the estate their father spent his lifetime building. The home he owned before he even met Susan. The retirement assetss he contributed to for thirty years. Everything went to Susan, and everything Susan had went to her child. David never intended this. He assumed Susan would take care of his kids. He trusted her. And maybe Susan fully intended to — but life is long, relationships change, memories fade, and without a legally binding structure requiring her to protect David’s children’s share, nothing compelled her to do so. **The solution: a properly structured marital trust.** A well-drafted blended family estate plan does not simply leave everything outright to the surviving spouse. Instead, it divides the estate at the first death into two components: The surviving spouse receives income and support from the trust assets for the rest of their life — they are fully provided for and can maintain their standard of living without disruption. But the underlying assets are held in a trust structure that legally preserves them for distribution to the deceased spouse’s children when the surviving spouse eventually dies. The surviving spouse is protected. The deceased spouse’s children are protected. Both families are treated fairly. Nobody gets cut out because time passed and relationships shifted. This structure requires careful, intentional drafting. It does not happen by accident. It absolutely does not happen if you simply name your spouse as the outright beneficiary of everything you own. **The stepchild problem: they are invisible to Arizona law.** Here is something that shocks almost every blended family I work with. Under Arizona’s intestacy laws — the rules that govern who inherits when you die without a trust or will — **stepchildren inherit nothing.** If you die without a plan, Arizona distributes your assets to your biological and legally adopted children, your spouse, and your blood relatives. The stepchild you helped raise, supported financially, coached at soccer, attended graduations for, and thought of as your own — inherits nothing automatically. Zero. The only way to include a stepchild in your estate plan is to name them explicitly in your trust or will. Arizona law will not do it for you. And if you die without documents, it actively excludes them. If you have stepchildren you want to provide for, this must be deliberate and explicit. A properly drafted trust names exactly who you want to inherit and in exactly what each heir gets — biological children, stepchildren, and anyone else you choose — regardless of what the default rules would otherwise produce. **The new spouse problem: accidentally disinheriting them.** The risk runs in the other direction too. Some people in second marriages want to make sure their new spouse is provided for — but they also want to make sure their children from the first marriage ultimately receive their estate. Balancing those two goals requires a specific trust structure. Without it, you may unintentionally shortchange the spouse you intended to protect, or unintentionally cut out the children you intended to provide for. There is no one-size-fits-all answer here. Every blended family has a different configuration — different ages, different asset levels, different relationships, different concerns. What works perfectly for one family may be exactly wrong for another. This is precisely why a custom estate plan — not a template, not an online form, not a document a non-attorney prepared — is so important for blended families. The stakes are too high and the variables too personal for anything generic. **The life insurance trap.** Many people in second marriages have life insurance policies they purchased during their first marriage with their first spouse named as beneficiary. They divorce, they remarry, and they never update the beneficiary designation. Under federal law, a beneficiary designation on a life insurance policy or retirement account **overrides everything else** — your will, your trust, your intentions, all of it. If your ex-spouse is still named as beneficiary on your life insurance policy, your ex-spouse receives funds when you die. Your current spouse and your children receive nothing from that policy. This is not hypothetical. It happens constantly. I have seen it destroy families financially and emotionally. A complete estate plan review for a blended family includes a careful audit of every beneficiary designation on every account and policy — making sure the people named are the people you actually want, reflecting your life as it is today, not as it was in a prior chapter. **What a blended family estate plan must address.** Every blended family situation is unique, but a properly drafted estate plan for a blended family should answer all of the following questions clearly and legally: - What does the surviving spouse receive at the first death — and under what conditions? - What is preserved for the deceased spouse’s children — and when do they receive it? - Are stepchildren named explicitly as beneficiaries, if that is the intent? - Have all beneficiary designations on all accounts and policies been updated to reflect the current family structure? - If the surviving spouse remarries after the first spouse’s death, are the first spouse’s assets still protected for the first spouse’s children? - Who serves as trustee — and is that person someone both families trust? - Are there asset-protected sub-trusts for each heir to shield their inheritance from creditors and divorcing spouses? These are not simple questions with simple answers. They require a conversation with an attorney who understands blended family dynamics and knows how to draft trust language that actually accomplishes what you intend. That is exactly the kind of conversation I have been having with Arizona families for 46 years. If you are in a second marriage — or you have stepchildren, or your estate involves children from more than one relationship — please do not put this off. The default rules are not written for your family. The gaps they leave are real, and they can permanently divide your family and betray the people you love most. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Protect Your Heirs' Inheritance from Creditors, Ex-spouses & Bankruptcy](https://www.keytlaw.com/9ep/) **Published:** May 10, 2026 **Author:** Richard Keyt **Content:** # Protect Heirs' Inheritance from Creditors & Ex-spouses [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## How to Protect Your Heirs' Inheritance from Divorce and Creditors in Arizona You’ve spent decades acquiring your assets. Your home. Your retirement accounts. Your investments. Your savings. Everything you worked for, sacrificed for, and carefully accumulated over a lifetime. When you die, you want all of it to go to the people you love. That part is straightforward. What most people never think about is what happens to that inheritance *after* it lands in their loved one’s hands. Because the moment your child or grandchild receives an outright inheritance — a direct transfer of assets with no legal protections around it — those inhterited assets become fully exposed to some of the most common and devastating financial threats people face. Let me show you exactly what I mean. **Threat #1: Your heir’s divorcing spouse.** Your daughter has been married for twelve years. You leave her a ton of assets outright when you die — your home equity, your investment account, your life savings. Six months after she inherits, her marriage falls apart. Depending on how the inheritance is handled — whether it gets deposited into a joint account, used to pay joint expenses, or simply commingled with marital assets — her divorcing spouse’s attorney may argue that all or part of it is marital property subject to division. Even if the inheritance remains technically separate, divorce proceedings are expensive, contentious, and unpredictable. The inheritance you worked a lifetime to leave her is now a bargaining chip in a courtroom. You had no say in who your daughter married. You have no control over whether that marriage survives. But you absolutely have control over whether your inheritance is protected if it doesn’t. **Threat #2: Your heir’s creditors.** Your son is a good person who made some bad financial decisions — or got hit with a lawsuit, or had a medical crisis that produced catastrophic bills, or signed a personal guarantee on a business loan that went sideways. You leave a lot of assets outright. He is currently being pursued by creditors. In many circumstances, an inheritance received outright is reachable by creditors. The money you left him — money you saved and sacrificed for — is used to pay debts that had nothing to do with you. **Threat #3: Your heir’s own financial vulnerabilities.** Not every heir is a bad person. Some are simply not equipped to manage a sudden inheritance wisely. A child who has struggled financially their entire life. A grandchild who is young and impulsive. A family member with an addiction, a gambling problem, or a history of being taken advantage of by people around them. An heir who is kind and well-meaning but simply not good with money. An outright inheritance handed to someone who isn’t ready for it can disappear remarkably fast — through poor investments, through manipulation by others, through simple overspending. The wealth you spent a lifetime building can be gone within a few years of your death. **Threat #4: Bankruptcy court.** If your heir files for bankruptcy after receiving an outright inheritance, those assets may become part of the bankruptcy estate — accessible to creditors and the bankruptcy trustee. Timing and circumstances matter, and the rules are complex. But the fundamental risk is real. An inheritance that passed through a properly structured asset-protected trust is far better positioned to survive a beneficiary’s bankruptcy than an outright transfer. **The solution: A lifetime asset-protected trust for each heir.** Here is what I recommend for clients who want to make sure the assets they leave behind actually stay with the people they love. Instead of leaving an outright inheritance to your heirs, your revocable living trust creates a separate **irrevocable asset-protected trust** for each heir at the time of your death. The inheritance flows into that sub-trust rather than directly into your heir’s hands. Your heir can still use the money. They can still benefit from it — for living expenses, education, a home, medical care, whatever they need. But the assets are held inside a legal structure that is designed to be difficult for creditors, divorcing spouses, and bankruptcy courts to reach. The trust can be structured so your heir is actually their own trustee — giving them day-to-day control over the assets — while still maintaining the legal protections the trust structure provides. When the heir dies, whatever remains in their sub-trust passes to their children — your grandchildren — or to whoever you named, still protected, still intact. **This is the difference between leaving an inheritance and protecting one.** An outright bequest says: *Here is what I saved for you.* An asset-protected sub-trust says: *Here is what I saved for you — and I made sure nobody can take it.* After 46 years of practicing law in Arizona, I have seen both outcomes. I have seen inheritances that lasted for generations because they were properly protected. And I have seen inheritances that evaporated within a few years because they were left outright with no legal protection whatsoever. The extra step costs $1,000 added to the price of your estate plan. That is a one-time fee to protect an inheritance that may be worth ten, twenty, or fifty times that amount. **Here’s what the lifetime asset-protected trust add-on costs:** - **$3,497** — one person (base estate plan) - **$4,497** — married couple (base estate plan) - **+ $1,000** — adds lifetime asset-protected sub-trusts for every heir named in your trust For most families, this is the single highest-return addition they can make to their estate plan. The assets you protect may far exceed anything else you will ever do with $1,000. If you have questions about whether asset-protected sub-trusts make sense for your family’s specific situation, that is exactly the kind of thing we talk through in a free consultation. Every family is different. Every heir is different. I will help you think through what the right structure looks like for yours. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Protect Heirs Inheritance from Creditors & Divorce in Arizona](https://www.keytlaw.com/arizona-asset-protection-trust/) **Published:** May 24, 2026 **Author:** Richard Keyt **Content:** # How to Protect Your Heirs' Inheritance from Creditors & Ex-spouses [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## An Irrevocable Asset Protection Trust Can Shield Your Loved Ones' Inheritance from Creditors, Ex-spouses & Bankruptcy This article is for people who are considering giving valuable assets to their loved ones before and after death. There are two ways you can transfer your valuable assets to another person. - **Unprotected way**. This occurs when the current owner transfers ownership of assets to another person. If the new owner gets sued the creditor may get the assets. If the new owner gets married and divorced, the ex-spouse may get one-half of the assets. If the new owner files for bankruptcy, the bankruptcy trustee gets the assets. - **Asset protected way**. This occurs when the current owner transfers ownership of the assets to an ***irrevocable beneficiary controlled asset protected trust*** (a BCAPT) the beneficiary of which is the child or loved one. If the beneficiary gets sued, the creditor cannot get any of the assets because the beneficiary does not own the assets in the trust. If the beneficiary gets married and divorced, the ex-spouse cannot get any of the assets because the beneficiary does not own the assets in the trust. If the beneficiary files for bankruptcy, the bankruptcy trustee cannot seize any of the assets because the beneficiary does not own them. When assets are owned by a BCAPT of which your child or loved one is the beneficiary, the assets cannot be reached or obtained by any of the following: - the beneficiary’s creditors - the beneficiary’s ex-spouse - a bankruptcy court **Unprotected Example**: Recently a man who had a large judgment called me and said he inherited $250,000 when his mother died. She left him the money outright. When he deposited the money in his bank account all of it went to the man’s judgment creditor who had garnished the bank account. **Asset Protected Example**: If the man’s mother had left the $250,000 to the man in a beneficiary-controlled, asset-protected trust, the creditor could not have obtained any of the money because, legally, the $250,000 would have been owned by the trust, not by the man. The trust could have purchased a home, and the man could have lived in it rent-free or rented it. The man, as trustee of the trust, could have used the rental income to pay his bills. **Should You Create a BCAPT?** Whether to use a BCAPT is a no-brainer. As estate planning attorneys, we recommend that all people who have assets with substantial value use a BCAPT to leave assets while alive or on death to their children and loved ones. You have two options as to when you create a BCAPT: 1. Before you die, or 2. After you die. If you want to create a BCAPT now, go to our [BCAPT questionnaire](https://www.arizona-wills.com/bcaptq/). If you want to create the BCAPT when you die or both you and your spouse die, hire us to prepare a revocable living trust for you now. When we create an estate planning revocable living trust, our trust agreement provides that on the death of the sole trust maker/beneficiary or on the death of the second spouse, when the trust is a joint trust, a BCAPT will be created for each person who inherits your assets. See the [contents and prices of our estate plan with a revocable living trust](https://www.keytlaw.com/ep-contents/). **Trust Terms** The terms commonly used in connection with trusts are: - **Trust maker, trustor, donor, grantor, or settlor**: These terms all refer to the person or people who create the trust. - **Trustee or co-trustees**: This is the person, people, or trust company that has control of assets in the trust. The trustee invests trust assets, determines how much and when to spend trust assets, and makes distributions of trust assets to or for the benefit of the beneficiary. - **Beneficiary**: This the person for whom the trustee manages and administers the trust’s assets. The beneficiary can be both a trustee and beneficiary as the same time. **Trust Example**: The trust has $500,000 in its bank account. Bart Simpson is the trustee and beneficiary. Bart causes the trust to buy a home for $400,000. The trust owns the home. Bart lives in the home rent-free. The trust pays the property taxes each year. After a while, Bart causes the trust to sell the home. The money goes in the trust’s bank account. Bart takes some of the money and buys a rental property. The trust is the landlord that rents the home. The rent goes into the trust’s bank account. Bart has the trust rent a car for himself and pay the monthly lease payments. **Revocable Trust vs. Irrevocable Trust** A revocable trust is a trust that can be amended or terminated by the trust maker, trustee, beneficiary or a third party. The BCAPT is an irrevocable trust because the BCAPT **cannot** be amended or terminated by the trust maker, a trustee, a beneficiary or a third party. Only irrevocable trusts like the BCAPT provide asset protection for the beneficiary. **Trustee** If the beneficiary is a minor, too young to be the trustee or if the child should never be the trustee for any reason such as the child has a drug or alcohol problem the trustee can be another trusted family member or a trust company. It is common for parents who create a BCAPT for a minor child to allow the child to become the trustee at a stated age such as 25 or 30. The beneficiary who is also the trustee can use trust assets for his or her for health, education, maintenance and support. The following text is from a discussion in a legal treatise frequently cited by court and is based on the Restatement Third, of Trusts §50, Comment d(2)): > “A support standard. . . ‘ordinarily entitles a beneficiary to distributions sufficient for accustomed living expenses, extending to such items as regular mortgage payments, property taxes, suitable health insurance or care, existing programs of life and property insurance, and continuation of accustomed patterns of vacation and of charitable and family giving. Reasonable additional comforts or ‘luxuries’ that a special vacation of a type the beneficiary had never before taken, may be borderline as entitlements but would normally be with the permissible range of the trustee’s judgment, even without benefit of a grant of extended discretion. . . . A support standard normally covers not only the beneficiary’s own support but also that of persons for whom provision is customarily made as a part of the beneficiary’s accustomed manner of living. This generally includes the support of members of the beneficiary’s household and the costs of suitable education for the beneficiary’s children. . . . the terms ‘support’ and ‘maintenance’ do not . . . authorize distributions to enlarge the beneficiary’s personal estate or to enable the making of extraordinary gifts.” The beneficiary who is the sole trustee may consider the beneficiary’s other sources of income or support. Maximum asset protection is achieved when the trust has two trustees: the beneficiary and another independent person (such as the beneficiary’s friend) or a trust company. The beneficiary determines how to invest the trust’s assets, and the other trustee has the power to make distributions in the co-trustee’s sole and absolute discretion. The beneficiary has the power to fire the distribution trustee and replace the distribution trustee with a new distribution trustee with an unrelated party who is not a subordinate employee. The beneficiary can have a limited power of appointment to appoint trust assets to anyone except the beneficiary, the beneficiary’s estate, the beneficiary’s creditors, or the creditors of the beneficiary’s estate. Our trust agreement also opts out of the prudent investor standard, which means the trustee can invest in any asset without the diversification requirement. **Initial Beneficiary** When the BCAPT is created, it has only one beneficiary. The initial beneficiary is the person who would receive the assets transferred to the BCAPT if you did not create the trust. The BCAPT provides the trust will exist for the life of the beneficiary unless it runs out of assets. The BCAPT states what happens to the trust if the beneficiary dies. The trust maker(s) tell us what happens if the beneficiary dies, and we insert the appropriate language in the trust agreement. **What Happens if the Initial Beneficiary Dies?** Here are some common options available to the trust maker(s) with respect to who will become a new beneficiary on the death of the initial beneficiary: - **Assets are divided equally among the initial beneficiary’s children**. The initial beneficiary has two children and both of them are alive when the initial beneficiary dies. A BCAPT is created for each child and it is funded with 1/2 of the assets in the trust on the initial beneficiary’s death. - **Assets go to **initial beneficiary’s** living children and the children of a deceased child**. The initial beneficiary has two children, but child 1 dies before the initial beneficiary. Child 1 has two children, i.e., grandchildren of the initial beneficiary. Both grandchildren are living when the initial beneficiary dies. A BCAPT is created for child 2 and each of the grandchildren. Child 2’s trust is funded with 1/2 of the assets in the trust on the initial beneficiary’s death. Grandchild 1 and Grandchild 2’s trusts are funded with 25% of the assets in the trust on the initial beneficiary’s death. - **Assets are divided unequally among the **initial beneficiary’s children****. The initial beneficiary has three living children all of them are alive when the initial beneficiary dies. A BCAPT is created for each child. Child 1’s trust is funded with 50% of the assets in the trust on the initial beneficiary’s death. Child 2 and Child 3’s trusts are funded with 25% of the assets in the trust on the initial beneficiary’s death. - **One or more of the **initial beneficiary’s** children get nothing**. The initial beneficiary has three living children. A BCAPT is created for child 1 and child 2, but not for child 3. Child 1’s BACPT gets one-half of the assets in the trust on the initial beneficiary’s death. Child 2’s BACPT gets one half of the assets in the trust on the initial beneficiary’s death. Child 3 gets nothing. - **The initial beneficiary’s siblings get assets**. If the initial beneficiary dies without any descendants, then the assets in the trust on the initial beneficiary’s death go to BACPTs created for one or more of the initial beneficiary’s siblings named in the trust agreement. - **Third party or parties get assets**. If the initial beneficiary dies, the assets go to the American Red Cross or one or more unrelated people named in the trust agreement. - **Initial beneficiary determines who gets the assets**. The initial beneficiary has a power of appointment that give him or her the option to name who will become the future beneficiary or beneficiaries on the initial beneficiary’s death. If you instruct us to put this option in the trust agreement then you will be giving the initial beneficiary the power to alter your plan as to who will be a future beneficiary of the BCAPT. **Federal Gift Tax Implications** If the value of assets transferred to the trust exceeds $19,000, the trust maker(s) must file a federal gift tax return with the IRS and claim a credit for the gift tax applicable to the gift. When we are hired to prepare the BCAPT, our fee includes preparing a gift tax return. Assets whose fair market value cannot be determined easily and accurately by third-party verification, such as the value of stock sold on the stock exchange on the day of the gift to the trust, must be appraised by a qualified appraiser to establish the value of the asset given to the trust. The appraisal will be included with the federal gift tax return filed with the IRS to verify the value of the gift. You must pay the cost of any appraisals. **How to Hire the Keyts to Prepare a BCAPT Now or When You Die** We prepare beneficiary-controlled asset-protected trusts for $3,500 for the first trust and $1,000 for each additional trust. To hire us to prepare a BCAPT and complete and submit our [BCAPT questionnaire](https://www.arizona-wills.com/bcaptq/). If you want your BCAPTs to be created when you die, then hire us to prepare an estate plan with a revocable living trust. See the [contents and price of our estate plan with a revocable living trust](https://www.keytlaw.com/ep-contents/). If you have any questions about BCAPTs, wills, trusts, estate planning or our two estate plans call, text or email one of us. - [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky, the son) call or text 480-664-7472 and rck@keytlaw.com or make a phone appointment with him using his [online calendar](https://www.keytlaw.com/calendar). - [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father) call or text 24/7 480-664-7478 and rk@keytlaw.com or make a appointment with him using his [online calendar](https://www.keytlaw.com/rk). ## **Warning for Arizona Residents** The State of Arizona has a law that specifies who inherits the assets of an Arizona resident who dies without a will or a trust. **This law may cause your assets to be inherited by the wrong person or people if you don’t have a will or a trust**. To learn who will inherit your assets if you die without a will or a trust see my article called “[Who Inherits Your Property If You Die without a Will or a Trust](https://www.arizona-wills.com/intestate-succession/)” and take my short online quiz called “[Who Inherits Your Property](https://www.arizona-wills.com/inherits/).” If the wrong person or people would inherit your assets, you need to hire us to prepare a will or a trust that leaves your assets to the person or people you want to inherit the assets, not to the people Arizona gives your property to. ## **Why You Need an Estate Plan with a Trust** See our article, “[15 Benefits of Having an Estate Plan with a Revocable Living Trust](https://www.keytlaw.com/benefits/).” Learn the [36 documents and services](https://www.keytlaw.com/ep-contents/) you will get if you hire us to prepare your estate plan with a revocable living trust. ## **Book a Free Consultation** The first step to protect your assets and ensure they go to your desired heir(s) is to book a free office, phone or Zoom video consultation with one of our estate planning attorneys. During this no-obligation meeting, they will answer your questions and design your estate plan. Make a free appointment with: - [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/) (Rick, the father) text or call 24/7 at 480-664-7478 or go to his [online calendar](https://www.keytlaw.com/rk). See Rick’s [virtual business card](https://poplme.co/hash/QB9KVu0Z/1/es). - [Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) (Ricky, the son) text or call at 480-664-7472 or go to his [online calendar](https://www.keytlaw.com/rck). ## **Steps to Hire Us** 1\. Have your free consultation with one of Keyts. 2\. Complete our online [estate plan questionnaire](https://www.keytlaw.com/epq). When you submit the questionnaire our system will send an email message to you and to us that contains all the information you entered into the questionnaire. 3\. Attend your free estate plan consultation. 4\. Come to our office to sign your documents before two witnesses and a notary. The total time from start to signed documents is one to two weeks. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Why Joint Tenancy is a Bad Estate Planning Strategy](https://www.keytlaw.com/11ep/) **Published:** May 10, 2026 **Author:** Richard Keyt **Content:** # Problems Created by Owning an Asset as a Joint Tenant [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Why Owning Property as Joint Tenants is a Dangerous Estate Planning Mistake I hear some version of this almost every week - “We own the house jointly, so it’ll just pass to my spouse automatically.” - “I named my kids as beneficiaries on my IRA, so that’s taken care of.” - “We set up pay-on-death on the bank accounts. We’re good.” I understand why people feel this way. Joint tenancy and beneficiary designations do accomplish *something*. They are not worthless. But they are widely misunderstood — and the gaps they leave can devastate a family just as completely as having no plan at all. Let me show you exactly what those gaps look like. **The problem with joint tenancy.** Joint tenancy with right of survivorship means that when one owner dies, the surviving owner automatically inherits the deceased owner’s share. No probate for that transfer. Simple enough. But here’s what joint tenancy does not solve: **It only solves the first death.** When the first spouse dies, the surviving spouse inherits everything — so far so good. But now the surviving spouse owns everything alone. When that surviving spouse dies, joint tenancy is gone. There is no second automatic transfer. The estate goes to probate, just like any other estate without a trust. Couples set up joint tenancy thinking they’ve solved the problem forever. They’ve actually only solved it for round one. **It doesn’t protect your beneficiaries.** Joint tenancy tells you *who* gets your assets. It says nothing about what happens to those assets once they’re inherited. If your adult child inherits your home through joint tenancy and is going through a divorce, that inheritance can become marital property subject to division. If your child has creditors or faces a bankruptcy, those assets may be reachable. A properly drafted revocable living trust with asset-protected sub-trusts for your heirs shields their inheritance from creditors, ex-spouses, and bankruptcy courts. Joint tenancy does none of that. **It doesn’t let you control how assets are managed for minor children.** If your minor child becomes a joint tenant or inherits through a joint tenancy arrangement and you die, Arizona law says a minor cannot manage assets. A court-supervised conservatorship kicks in. A judge manages your child’s inheritance until they turn 18 — at which point an 18-year-old receives a potentially large sum of money with no restrictions, no guidance, and no trustee to protect them from themselves. A trust lets you name a trustee to manage those assets and set the age at which your child actually receives their inheritance — 25, 30, whenever you believe they’re truly ready. **It doesn’t help if you become incapacitated.** Joint tenancy only operates at death. If you become mentally incapacitated while you’re still alive, joint tenancy does nothing to help your spouse or family manage your affairs. You still need a financial power of attorney and a revocable living trust with a successor trustee for that. **The problem with beneficiary designations.** Naming beneficiaries on your IRA, 401(k), life insurance, and bank accounts is important — and it is a piece of a complete estate plan. But it is only a piece. Here is what beneficiary designations cannot do: **They don’t cover assets without a beneficiary form.** Your home has no beneficiary designation. Your car has no beneficiary designation. Your personal property, your business interests, your taxable brokerage account — many of these have no mechanism for a beneficiary designation at all. If these assets are not in a trust, they go to probate. **Outdated beneficiary designations cause disasters.** This is one of the most common and painful estate planning mistakes I see. Someone names their spouse as beneficiary on their 401(k) in 1998. They divorce in 2005. They remarry in 2010 but never update the beneficiary form. They die in 2026. The 2010 spouse gets nothing from that 401(k). The 2005 ex-spouse gets everything. It doesn’t matter what the will says. It doesn’t matter what the trust says. Beneficiary designations override everything — and outdated ones deliver assets to exactly the wrong people. **They offer zero protection for what happens after the inheritance.** A beneficiary designation transfers the asset. That’s all it does. The moment your beneficiary receives the funds, the money is fully exposed to their creditors, their divorcing spouse, their lawsuit judgments, and their own financial decisions. A trust with asset-protected sub-trusts for your heirs does what a beneficiary designation cannot — it shields the inheritance inside a legal structure that creditors and ex-spouses cannot easily reach. **They don’t plan for a beneficiary who predeceases you.** What if your named beneficiary dies before you do and you haven’t updated the form? Depending on the account, the assets may pass to your estate — and then through probate. Or they may go to a contingent beneficiary you named decades ago and haven’t thought about since. A properly drafted revocable living trust anticipates these scenarios and provides clear instructions for every contingency. **Joint tenancy and beneficiary designations are tools. They are not a plan.** Used correctly, they work together *with* a revocable living trust as part of a complete, coordinated estate plan. Used alone as substitutes for a trust, they leave gaps that become crises. The families I’ve seen hurt most by these gaps didn’t do anything wrong. They did what they thought was right. They owned the house jointly. They named the kids as beneficiaries. They thought they were covered. They weren’t. And by the time anyone found out, it was too late to fix it. A complete KEYTLaw estate plan closes every one of these gaps. Your revocable living trust, your will, your powers of attorney, your deed, your asset inventory, and 36 other documents and services — all coordinated into a single, complete plan that actually works. **$3,497 for one person. $4,497 for a married couple.** One free conversation is all it takes to get started. Phone, Zoom, or in person at my Scottsdale office. No pressure. No obligation. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Pay on Death (POD) Forms Explained | KEYTLaw](https://www.keytlaw.com/pay-on-death-forms/) **Published:** May 25, 2026 **Author:** Richard Keyt **Content:** # Avoid Probate with a Pay On Death Form [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## How to Use a Bank or Investment Account Pay On Death Form If you have a bank account or investment account, your bank or financial institution has almost certainly offered you the chance to fill out a “pay on death” form — or asked if you want to name a beneficiary on the account if you die. This article explains exactly what that form is, how it works, why people use it, its serious limitations, and how to submit one. If you are trying to build an estate plan that protects everything you own, keep reading to the end. ## **What Is a Pay on Death Form?** A **pay on death (POD) form** is a simple document you fill out with your bank or financial institution that names one or more people — or an organization — to receive the money in your account when you die. The person or entity you name is called your *POD beneficiary*. When you die, your named beneficiary goes to the bank with a copy of your death certificate and proof of their identity. The bank pays the account balance directly to that beneficiary. The account does *not* go through probate. No court. No judge. No waiting for months. No court fees. The money transfers directly and relatively quickly. You may also see this called a **transfer on death (TOD)** designation. The terms mean the same thing: TermWhere You’ll See It**POD — Pay on Death**Checking accounts, savings accounts, money market accounts, certificates of deposit (CDs)**TOD — Transfer on Death**Investment accounts, brokerage accounts, individual securitiesBoth work the same way. You name a beneficiary. You keep full control of the account during your lifetime — you can spend the money, close the account, or change the beneficiary any time you want. At your death, the account passes to whoever you named. ## **Why Do People Use Pay on Death Designations?** The main reason people use POD forms is to avoid probate for that specific account. Probate is the court-supervised legal process for distributing a deceased person’s assets. In Arizona, even a modest estate can take many months and thousands of dollars to get through probate. A POD designation bypasses that process entirely — at least for the one account it covers. Here are the most common reasons people complete POD forms: - **Speed.** The beneficiary can access the funds much faster than if the account had to go through probate. - **Privacy.** Probate is a public court proceeding. A POD transfer is private — the beneficiary simply presents identification and a death certificate to the bank. - **Simplicity.** It is free and takes only a few minutes to complete. - **No probate costs.** The account transfers without attorney fees, court costs, or executor fees charged against it. These are all real benefits. A POD designation is a legitimate tool. The problem is what it *cannot* do — and most people who fill out these forms have no idea what they are getting into. ## **How to Add a Pay on Death Beneficiary to Your Account** The process is straightforward, but do not skip the last step — getting written confirmation. 1. **Contact your bank or brokerage.** Call, go in person, or log in online. Ask for the beneficiary designation form, the POD form, or the TOD form. Many institutions now allow you to complete this online through your account portal. 2. **Gather the information you need.** For each beneficiary you want to name, you will typically need: - Full legal name (exactly as it appears on their government ID) - Social Security number or Tax ID - Date of birth - Current address - Relationship to you (spouse, child, friend, etc.) 3. **Complete the form.** You can name a single beneficiary, multiple beneficiaries (the bank will divide the account equally among them unless you specify different percentages), or a contingent beneficiary — someone who receives the account only if your primary beneficiary has already died. 4. **Sign and submit.** Return the completed form to the bank in person, by mail, or electronically — depending on what the institution requires. Some banks require a notary or a witness for this form; most do not. 5. **Get written confirmation.** This is the step almost everyone skips — and it is critical. Ask the bank to confirm in writing that your beneficiary designation is recorded in their system. Banks lose paperwork. People have died, and their families later discovered that the bank had no record of the form that was submitted years earlier. Written confirmation protects you. 6. **Review it regularly.** A POD designation does not update itself. If your beneficiary dies before you, gets divorced from you, or is someone you no longer want to inherit from you, you need to file a new form. Review your designations any time your family circumstances change — marriage, divorce, birth of a child, or death of a loved one. ## **The Serious Problems With Pay on Death Designations** Here is where I need to be direct with you. A POD form is not an estate plan. It is not even close. Relying solely on POD and TOD designations instead of creating a proper estate plan is one of the most common — and most costly — mistakes I see. ### **Problem 1: It Only Covers That One Account** Your POD designation covers one account. If you have a house, a car, furniture, jewelry, a business interest, or any other asset that does not have a beneficiary designation attached to it, those assets may still have to go through Arizona probate. A POD form on your checking account does nothing for anything else you own. ### **Problem 2: If Your Beneficiary Dies Before You** If your named beneficiary dies before you and you never updated the form, what happens? In most cases, the account reverts to your estate and has to go through probate — the exact outcome you were trying to avoid. If you named multiple primary beneficiaries and some have predeceased you, the surviving ones split the account, which may not be what you intended. ### **Problem 3: Your Beneficiary Is a Minor Child** If you name your minor child as a POD beneficiary and you die while the child is under 18, a court must appoint a conservator to manage those funds on the child’s behalf. That means probate — the very thing the form was supposed to avoid. When the child turns 18, they receive the full amount with no strings attached. Eighteen-year-olds are not always the best stewards of a large inheritance. ### **Problem 4: Your Beneficiary Has Special Needs** If your beneficiary receives government benefits such as Medicaid or SSI and they inherit money outright through a POD designation, that inheritance could disqualify them from their benefits. Proper estate planning for a beneficiary with special needs requires a special needs trust — not a beneficiary designation form. ### **Problem 5: There Is No Protection for Your Beneficiary’s Assets** Once your beneficiary receives the money from a POD account, it is theirs outright. If they are going through a divorce, have creditors, face a lawsuit, or file for bankruptcy, that money is fully exposed. A well-drafted estate plan can transfer assets to your beneficiaries inside *irrevocable asset-protected trusts* that keep the money safe for them — even from lawsuits, divorces, and creditors. A POD form provides zero protection of that kind. ### **Problem 6: You Cannot Attach Conditions** A POD form pays out unconditionally. You cannot say “pay this to my son when he turns 25” or “pay this only if my daughter stays sober.” A trust lets you do all of that. A POD form does not. ### **Problem 7: It Does Nothing Else an Estate Plan Does** A POD form does not name a guardian for your minor children if both parents die. It does not name someone to handle your financial affairs if you become incapacitated. It does not create a healthcare power of attorney. It does not express your wishes for medical treatment at the end of your life. An Arizona estate plan addresses all of these things. A POD form addresses none of them. **The bottom line:** A pay on death designation on one account is not an estate plan. It is a single piece of a much larger puzzle — and a puzzle with missing pieces leaves your family exposed to probate, delays, court costs, and outcomes you never intended. ## **How a POD Designation Fits Into a Proper Arizona Estate Plan** Used correctly, a POD or TOD designation can be a useful part of a complete estate plan. Here is how I typically recommend using them: The cornerstone of a proper Arizona estate plan is a **revocable living trust**. When your trust is created, you transfer ownership of your assets — including your bank and investment accounts — into the trust. Once an account is held in trust, there is no need for a POD designation at all, because the trust itself governs what happens to that account at your death according to detailed instructions you have already written. For accounts that you keep outside the trust for convenience — such as a small everyday checking account — a POD designation naming your trust as the beneficiary is a clean backup that keeps that account out of probate and feeds it into your overall estate plan at death. A complete Arizona estate plan that I create for my clients includes: - A **revocable living trust** — the cornerstone that controls your assets, avoids probate, and contains your detailed instructions - A **pour-over will** — a backup will that “catches” any assets not in the trust and directs them there - A **healthcare power of attorney** — names someone to make medical decisions for you if you are incapacitated - A **financial power of attorney** — names someone to handle your financial affairs during incapacity - A **living will (advance directive)** — expresses your wishes for end-of-life medical care - A **HIPAA authorization** — allows your designated people to speak with your doctors - A **guardian nomination** — names who will raise your minor children if you cannot - Optionally, **irrevocable asset-protected trusts (BCAPTs)** for each beneficiary — protects their inheritance from lawsuits, divorces, and creditors for the rest of their lives A POD form on a single bank account does none of those things. It is a good start, but it is not a plan. ## **Frequently Asked Questions About Pay on Death Forms** ### **Can I name my revocable living trust as a POD beneficiary?** Yes, and in many cases this is the right thing to do. Naming your trust as the beneficiary of an account you keep outside the trust ensures that the account pours into your trust at death rather than passing directly to an individual — which keeps everything under the control of your trust’s instructions and out of probate. ### **Can I change or revoke a POD designation?** Yes. You can change or cancel your POD designation at any time while you are alive simply by filing a new form with your bank. Your current designation is not permanent. You should review it any time your life circumstances change. ### **Does a POD designation override my will?** Yes. A beneficiary designation on a bank or investment account controls who receives that account regardless of what your will says. If your will says everything goes to your spouse, but your bank account has a POD designation naming your sibling, the money goes to your sibling. This is one of the most common estate planning disasters I see. Your beneficiary designations must be coordinated with the rest of your estate plan. ### **What happens if I have no POD designation on my account?** If you die with no POD beneficiary named, the account becomes part of your estate. If you have no valid trust or will directing where it goes, it may have to go through Arizona probate — which is a court process that takes time and money and becomes a public record. ### **Does Arizona law protect my POD beneficiary designation?** Arizona follows the Uniform TOD Security Registration Act and has statutes recognizing POD and TOD designations on financial accounts. Your properly completed and recorded designation is legally binding in Arizona. ## **Ready to Build an Estate Plan?** If filling out a pay on death form is the only estate planning you have done, I want to help you do this right. You deserve a complete plan — one that protects everything you own, names the people you trust to care for you and your family, keeps your estate out of probate, and protects what you leave behind for the people you love. My son Ricky and I have helped more than 1,000 Arizona families create complete estate plans. We use flat-fee pricing so you know exactly what everything will cost before we start. We serve clients throughout the Phoenix metro area — Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Chandler, Queen Creek, and beyond. Schedule a free office, phone or Zoom video meeting to get answers to your questions and discuss your estate plan. We will answer your questions and explain exactly what a complete plan includes and what it costs. [Schedule Your Free Consultation](https://www.keytlaw.com/calendar) ## **About the Authors** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick) is an Arizona estate planning and LLC attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at and the fee and the [36 documents & services](https://www.keytlaw.com/ep-contents) in their estate plan. ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Arizona Pay on Death (POD) Form FAQs | KEYTLaw](https://www.keytlaw.com/pay-on-death-form-faq/) **Published:** May 26, 2026 **Author:** Richard Keyt **Content:** # Frequently Asked Questions About Arizona Pay on Death Forms By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys The Keyts have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![pay-on-death-faq](https://www.keytlaw.com/wp-content/uploads/2026/05/pay-on-death-faq-1024x559.png "pay-on-death-faq - KEYTLaw") [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## About Arizona Pay on Death (POD) Accounts ## **Can I name my revocable living trust as a POD beneficiary?** Yes, and in many cases this is the right thing to do. Naming your trust as the beneficiary of an account you keep outside the trust ensures that the account pours into your trust at death rather than passing directly to an individual — which keeps everything under the control of your trust’s instructions and out of probate ## **Can I change or revoke a POD designation?** Yes. You can change or cancel your POD designation at any time while you are alive simply by filing a new form with your bank. Your current designation is not permanent. You should review it any time your life circumstances change. ## **Does a POD designation override my will?** Yes. A beneficiary designation on a bank or investment account controls who receives that account regardless of what your will says. If your will says everything goes to your spouse, but your bank account has a POD designation naming your sibling, the money goes to your sibling. This is one of the most common estate planning disasters I see. Your beneficiary designations must be coordinated with the rest of your estate plan. ## **What happens if I have no POD designation on my account?** If you die with no POD beneficiary named, the account becomes part of your estate. If you have no valid trust or will directing where it goes, it may have to go through Arizona probate — which is a court process that takes time and money and becomes a public record. ## **Does Arizona law protect my POD beneficiary designation?** Arizona follows the Uniform TOD Security Registration Act and has statutes recognizing POD and TOD designations on financial accounts. Your properly completed and recorded designation is legally binding in Arizona. ## **Ready to Build an Estate Plan?** If filling out a pay on death form is the only estate planning you have done, I want to help you do this right. You deserve a complete plan — one that protects everything you own, names the people you trust to care for you and your family, keeps your estate out of probate, and protects what you leave behind for the people you love. My son Ricky and I have helped more than 1,000 Arizona families create complete estate plans. We use flat-fee pricing so you know exactly what everything will cost before we start. We serve clients throughout the Phoenix metro area — Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Chandler, Queen Creek, and beyond. Schedule a free office, phone or Zoom video meeting to get answers to your questions and discuss your estate plan. We will answer your questions and explain exactly what a complete plan includes and what it costs. [Schedule Your Free Consultation](https://www.keytlaw.com/calendar) *DISCLAIMER: This article is provided for general informational purposes only and does not constitute legal advice for any individual case or situation. Reading this article does not create an attorney-client relationship. Estate planning laws change. Please consult a qualified Arizona attorney for advice specific to your circumstances.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [How to Transfer a Vehicle on Death in Arizona | KEYTLaw](https://www.keytlaw.com/arizona-vehicle-transfer-on-death/) **Published:** May 24, 2026 **Author:** Richard Keyt **Content:** # Pass Your Arizona Car to Your Heir Automatically (No Probate) [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## How Your Arizona Vehicle can Avoid Probate When most Arizonans think about avoiding probate, they think about real estate and bank accounts. But what about your car, truck, SUV, motorcycle, or RV? If you own a vehicle in Arizona and you die without a plan to transfer it, your loved ones may have to go through probate just to get the title in their name. Fortunately, Arizona law makes it easy to avoid that problem entirely. Under Arizona Revised Statutes [§ 28-2055](https://www.azleg.gov/ars/28/02055.htm), you can designate a beneficiary directly on your vehicle’s certificate of title. When you die, the vehicle transfers automatically to that person — no probate, no court, no waiting. This article explains exactly how Arizona’s vehicle transfer on death works, how to set one up, who you should and should not name as a beneficiary, and how it fits — or doesn’t fit — into a complete estate plan. The bottom line: A transfer on death designation on your vehicle title is free, revocable, and keeps your car out of probate. You can do it at the Arizona MVD. But it is not a substitute for a complete estate plan — it is one small piece of a much larger puzzle. ## **What Is a Vehicle Transfer on Death Designation?** A transfer on death (TOD) designation is a legal instruction added to your vehicle’s certificate of title. It names the person or people who will receive your vehicle when you die. The designation has no legal effect while you are alive — you remain the sole owner, you can sell the vehicle, refinance it, trade it in, or revoke the designation at any time. The beneficiary has no rights to the vehicle until the moment of your death. Arizona’s vehicle TOD statute was adopted to make vehicle transfers consistent with how Arizona already handled other assets. Before 2011, you could already transfer a $500,000 bank account probate-free using a pay-on-death designation, and transfer a $1 million home probate-free using an Arizona beneficiary deed — but you could not do the same thing for a $40,000 car. That inconsistency was fixed when the Arizona legislature enacted A.R.S. § 28-2055(B), effective July 20, 2011. The statute now reads: “At the request of the owner, the certificate of title may contain, by attachment, a transfer on death provision where the owner may designate a beneficiary of the vehicle.” — Arizona Revised Statutes § 28-2055(B) The vehicle TOD designation is now consistent with Arizona’s other non-probate transfer tools: beneficiary deeds for real property and pay-on-death designations for bank and retirement accounts. ## **What Vehicles Can Be Transferred This Way?** The TOD designation is available for any motor vehicle titled in Arizona, including: - Cars, trucks, and SUVs - Motorcycles - Motor homes and RVs - Trailers and semitrailers - Boats and watercraft (subject to Arizona watercraft titling rules) - All-terrain vehicles (ATVs) and off-highway vehicles (OHVs) The vehicle must be titled in Arizona. If you recently moved to Arizona from another state, confirm that your vehicle has been re-titled in Arizona before attempting to add a TOD designation. ## **How to Set Up a Vehicle Transfer on Death in Arizona** **Step 1: Locate your current Arizona certificate of title.** You will need the physical title document. If you do not have it — for example, if you have an outstanding auto loan and the lienholder is holding the title — you will need to either pay off the loan first or contact the Arizona Motor Vehicle Division (MVD) about obtaining a duplicate. **Step 2: Complete Arizona MVD Form 96-0561 (Beneficiary Designation).** This is the Arizona MVD’s Beneficiary Designation form. It is available at [azdot.gov](https://apps.azdot.gov/files/mvd/mvd-forms-lib/96-0561.pdf). The form allows the sole owner of an Arizona vehicle to designate one or more beneficiaries who will receive the title upon the owner’s death. You will need to provide the names, addresses, and relationships of the beneficiaries you are naming. **Step 3: Submit the form to the Arizona MVD.** Take the completed form and your current title to your local Arizona MVD office or an authorized third-party MVD provider. There is a nominal title fee. The MVD will issue a new certificate of title containing the transfer on death provision. **Step 4: Store the new title in a safe place.** Keep the new title with your other important estate planning documents. Give a copy to the successor trustee of your trust and the person who will inherit the vehicle. Make sure your beneficiaries know it exists and where to find it. ## **What Happens After You Die?** When you die, your designated beneficiary does not need to open a probate estate to claim the vehicle. Instead, the beneficiary takes the following steps: 1. Obtain a certified copy of your death certificate from the Arizona Department of Health Services or the county where you died. 2. Present the death certificate and the existing certificate of title (showing the TOD designation) to the Arizona MVD. 3. Complete any MVD forms required to transfer the title into the beneficiary’s name. 4. Pay the applicable title transfer fee. The vehicle transfers directly to the beneficiary. No probate. No court. No attorney required for the transfer itself. ## **Benefits of the Arizona Vehicle Transfer on Death Designation** **Avoids probate**: The vehicle passes outside your estate and does not require a probate proceeding. **Free to set up**: Other than the MVD’s nominal title fee, there is no cost to add a TOD designation. **Revocable at any time**: You can change or cancel the designation at any time while you are alive, simply by filing a new form with the MVD. **No loss of control**: You remain the full legal owner during your lifetime. The beneficiary has no rights until your death. **Simple transfer process**: Your beneficiary can transfer the title with a death certificate — no probate, no court order required. **Fast**: The transfer can typically be completed within days of death, not months. ## **Limitations — What a Vehicle TOD Designation Cannot Do** A vehicle TOD designation is a useful but narrow tool. It does not replace an estate plan. Here are its limitations: - It only covers that one vehicle. If you own three vehicles, you need a separate TOD designation for each one. - It does not protect the beneficiary’s inheritance. Once your beneficiary receives the vehicle, it is unprotected from their creditors, divorcing spouses, or lawsuits. A revocable living trust with a beneficiary-controlled asset-protected trust (BCAPT) sub-trust can protect inherited assets far more effectively. - It does not cover all your assets. Your home, bank accounts, investments, business interests, personal property, and other assets each require their own plan. A comprehensive revocable living trust handles all of your assets under one coordinated document. - It does not include healthcare or financial powers of attorney. If you become incapacitated, your family will need legal authority to act on your behalf. A TOD designation does nothing for that. - It may conflict with a joint tenancy. If a vehicle is titled jointly with right of survivorship, the joint tenancy governs at death — the TOD designation may be ineffective. Confirm your title situation before adding a TOD. ## **Who Should (and Should Not) Be Named as a Beneficiary** Choosing the right beneficiary is critical. Not every person you love is a good candidate to receive a vehicle directly. Good candidates for a vehicle TOD beneficiary: - A competent adult child, sibling, or other family member who is financially stable - A spouse or domestic partner who is capable of managing the asset - A trust — naming a revocable living trust as beneficiary is often the best approach, because the trust can then distribute the vehicle under its terms People you should NOT name directly as beneficiary: **Minors (anyone under age 18)**. Under Arizona law, children under 18 are not legally competent to receive property. If your minor child is named as beneficiary and is still under 18 when you die, the vehicle cannot simply be transferred to them. A court-supervised conservatorship will likely be required — which is the very probate complication you were trying to avoid. **People with special needs or disabilities**. A direct inheritance can disqualify a special-needs beneficiary from Medicaid, SSI, and other government benefits they depend on. Assets for special-needs beneficiaries should go into a properly drafted special needs trust. **People with serious creditor problems or financial instability**. If your beneficiary owes judgments, taxes, or is in financial distress, the vehicle could be seized by creditors the moment it transfers. **People going through a divorce**. Property received by inheritance is generally separate property in Arizona — but the situation can be complicated, and assets can get mixed with marital property over time. In most cases, the safest and most flexible option is to name your revocable living trust as the beneficiary of your vehicle — and let the trust direct the distribution under its terms. This gives you control over exactly what happens, including the ability to protect the beneficiary’s inheritance through a sub-trust. ## **What If Your Beneficiary Dies Before You?** Arizona law does not automatically create a backup beneficiary for a vehicle TOD designation. If your named beneficiary predeceases you and you have not updated the designation, the vehicle may pass through your estate and potentially through probate. To avoid this: - Name alternate (contingent) beneficiaries if the MVD form permits it, or - Name your revocable living trust as the beneficiary — because the trust is not a person and will not predecease you. Review your vehicle TOD designations any time there is a major life event: a death in the family, a divorce, the birth of a child, or a significant change in a beneficiary’s circumstances. ## **How a Vehicle TOD Fits Into a Complete Estate Plan** A vehicle transfer on death designation is a useful piece of a much larger puzzle — but it is only one piece. A truly comprehensive Arizona estate plan includes: - A revocable living trust as the foundation, to avoid probate on all your assets, not just your vehicles - A pour-over will to catch any assets not transferred into the trust during your lifetime - A financial durable power of attorney so someone can manage your finances if you become incapacitated - A healthcare power of attorney and living will for medical decisions - A HIPAA authorization so your family can access your medical information - Beneficiary-Controlled Asset-Protected Trust (BCAPT) sub-trusts to protect inherited assets from your beneficiaries’ creditors, divorcing spouses, or lawsuits - A certification of trust and other funding documents to properly transfer assets into your trust A vehicle TOD designation is a worthwhile step — but it does not replace any of the above. Many people spend more time planning their next vacation than they do planning what happens to everything they own and everyone they love when they die. A vehicle TOD takes 30 minutes at the MVD. A complete estate plan takes a few hours of your time and protects your family for the rest of your life. **Important note**: Many Arizonans believe a will is enough to avoid probate. It is not. A will must go through probate — a court process that is public, time-consuming, and expensive. A revocable living trust is the proper cornerstone of an Arizona estate plan. It avoids probate entirely, keeps your affairs private, and can protect your beneficiaries’ inheritance through asset-protected sub-trusts. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Is Your Business in Your Estate Plan?](https://www.keytlaw.com/10ep/) **Published:** May 10, 2026 **Author:** Richard Keyt **Content:** # Is Your Business in Your Estate Plan? [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Business Owners: An Estate Plan is Critical for Its Survival If you own a business — an LLC, a corporation, a professional practice, a partnership interest, or any other business entity — your estate plan has a layer of complexity that most people never address. And the consequences of getting it wrong are not just financial. They can destroy the business you spent years building, damage your family’s financial security at the worst possible moment, and trigger conflicts between your heirs and your business partners that tear apart both the company and the family simultaneously. I have seen it happen. More than once. Here is what you need to know. **Problem #1: Your business interest has to go somewhere when you die.** Your LLC membership interest, your corporate stock, your partnership share — these are assets, just like your home and your bank accounts. When you die, they have to transfer to someone. If that interest is not inside your revocable living trust, it does not transfer automatically. It goes through probate. Your business interest — the thing that may be generating income your family depends on right now — gets frozen in a Superior Court probate proceeding that takes a minimum of five months and potentially much longer. During that time, who is running the business? Who has authority to sign contracts, manage employees, make payroll, renew leases? If the operating agreement or bylaws do not address the death of an owner, the answer may be nobody with clear legal authority — which means the business may grind to a halt precisely when your family needs it most. The solution is straightforward: your business interest should be titled in the name of your revocable living trust, so that when you die your successor trustee immediately steps into your ownership role with clear legal authority to manage or sell the interest without any court involvement. **Problem #2: Your operating agreement may not cooperate with your estate plan.** Here is a trap many business owners fall into. Your revocable living trust says your business interest passes to your spouse or your children when you die. Your LLC operating agreement says something different — perhaps that the remaining members have the right to buy out a deceased member’s interest, or that membership interests cannot be transferred without member approval, or that a deceased member’s heirs become mere economic interest holders with no voting rights. These two documents are in direct conflict. And in many cases, the operating agreement wins. If your operating agreement has transfer restrictions, buy-sell provisions, or consent requirements that were never coordinated with your estate plan, your heirs may receive far less than you intended — or receive their inheritance in a form that is far less valuable than what you thought you were leaving them. Your estate plan and your operating agreement need to be reviewed together and coordinated deliberately. Most business owners have never done this. Most attorneys who prepared their operating agreement never thought about the estate planning implications. And most estate planning attorneys who drafted their trust never looked at the operating agreement. This is a gap that costs families dearly — and it is entirely preventable. **Problem #3: What happens to the business if you become incapacitated?** You suffer a stroke. You are in a serious accident. You develop a cognitive condition that progresses over months or years. You are still alive — but you cannot run your business. Who has authority to step in and manage your LLC or corporation while you are incapacitated? Does your operating agreement name a successor manager? Does your financial power of attorney give your agent the authority to act on your behalf with respect to your business interests? Does your successor trustee have the power to manage business assets held in the trust? If none of these questions have clear answers, your business may be paralyzed while you are incapacitated — unable to make decisions, sign documents, manage employees, or respond to opportunities and crises — until a court appoints a conservator to manage your affairs. A properly drafted estate plan addresses business incapacity explicitly. Your financial power of attorney should specifically authorize your agent to act with respect to your business interests. Your trust should give your successor trustee clear authority to manage or sell business assets. Your operating agreement should identify who steps into your role if you cannot serve. These three documents need to work together. If they were drafted independently by different people at different times, they almost certainly do not. **Problem #4: Multiple heirs inheriting a business they have to run together.** You have three children. You leave your LLC equally to all three. You love them all equally and this seems fair. What happens when two of them want to sell the business and one does not? What happens when one of them has been working in the business for twenty years and the other two have never been involved? What happens when they fundamentally disagree about management, strategy, hiring, or direction? Leaving a business interest to multiple heirs equally sounds equitable. In practice, it can be a recipe for family conflict, legal disputes, and the destruction of a business that one child sacrificed their career to build. A thoughtful estate plan thinks through these dynamics carefully. Perhaps the child who works in the business receives the business interest, while the other children receive other assets of equivalent value. Perhaps the trust includes a buy-sell mechanism that allows one heir to buy out the others at a fair price. Perhaps there are specific governance provisions that prevent deadlock and provide a clear resolution mechanism when heirs disagree. None of this happens automatically. It requires deliberate planning and trust language drafted specifically for your family’s situation. **Problem #5: The estate tax exposure you may not know you have.** For most Arizona families, federal estate tax is not a concern — the current federal exemption is substantial and most estates fall well below it. But for business owners whose companies have grown significantly, the value of the business can push an estate into territory where planning becomes critical. A closely held business interest — an LLC, a family business, a professional practice — may be worth far more than you realize for estate tax purposes, and the valuation rules are complex. Proper planning can include strategies that legitimately reduce the taxable value of business interests transferred to heirs, preserving more of what you built for the people you love. If your business has grown substantially, this conversation is worth having before the taxable event — not after. **What a business owner’s estate plan must address.** If you own any business interest, your estate plan should specifically answer all of the following: - Is your business interest titled in your revocable living trust so it avoids probate entirely? - Is your operating agreement or shareholder agreement coordinated with your trust so there are no conflicts in how the interest transfers? - Does your financial power of attorney specifically authorize your agent to manage your business interests if you become incapacitated? - Does your trust give your successor trustee clear authority to manage, operate, or sell your business? - Have you thought through which heirs should receive the business — and whether leaving it equally to multiple heirs is actually the right structure for your family? - If you have business partners, have you addressed what happens to your interest and theirs if either of you dies or becomes incapacitated? - Are asset-protected sub-trusts in place for your heirs so that the business interest or its proceeds are shielded from creditors and divorcing spouses after they inherit? These questions do not have generic answers. They depend entirely on your specific business structure, your operating agreement, your family dynamics, and your goals for what happens to the company after you are gone. This is exactly the kind of detailed, customized planning that a template or an online document service cannot provide — and that an attorney who handles only one side of the equation will miss entirely. I have been helping Arizona business owners coordinate their business documents and their estate plans since 1979. In that time I have formed over 9,900 Arizona LLCs and prepared hundreds of estate plans for business owners. I understand both sides of this equation — and I know the gaps that appear when they are not coordinated. If you own a business, this conversation is not optional. It is one of the most important legal conversations you can have — and it starts with a free consultation at no obligation to you whatsoever. ## Hire Us to Put Your LLC in Your Trust See the explanation of how to document an LLC member change in our article called [How to Add or Remove a Member of an Arizona LLC](https://www.keytlaw.com/change-arizona-llc-member/). To hire me to document the change of one or more members of an Arizona LLC, submit our [Member Change Questionnaire](https://azllc.com/changeq/). Our fee depends on the services you select in the questionnaire. If you have any questions about adding or removing a member of an Arizona LLC, call me or my son Arizona LLC attorney and former CPA Richard C. Keyt at 480-664-7472. You can also book a free phone, office or Zoom video meeting using our [online calendar](https://www.keytlaw.com/calendar). ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [How to Transfer Real Estate to a Trust | KEYTLaw](https://www.keytlaw.com/transfer-real-estate-to-trust/) **Published:** May 24, 2026 **Author:** Richard Keyt **Content:** # How to Transfer Real Estate to a Trust [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Step-by-Step Guide to Transfer Real Estate to a Trust If you have a revocable living trust, congratulations — you’ve made one of the smartest financial decisions of your life. A properly structured revocable living trust lets your family skip Arizona probate court entirely, keeps your affairs private, and ensures your assets pass to the people you love quickly and without court costs. But here’s the problem I see constantly in my practice: **people create a beautiful revocable living trust and then never put their real estate inside it.** An unfunded trust — a trust that doesn’t own your assets — is like buying a fireproof safe and leaving all your valuables sitting on the kitchen counter next to it. The safe exists. It’s a great safe. But if the house burns down, everything is still lost. If you die owning Arizona real estate in your own name — even if you have a revocable living trust — that real estate will likely have to go through Arizona probate court. Your family will face months of delay, thousands of dollars in court costs, and public exposure of your estate before they can do anything with your property. The solution is simple: transfer your real estate into your trust now, while you’re alive and well. This article explains exactly how to do that. ## **Table of Contents** 1. [Why You Must Transfer Your Property — Not Just Create a Trust](#1) 2. [What “Funding Your Trust” Actually Means](#2) 3. [The Tool That Makes It Happen: A New Deed](#3) 4. [Which Type of Deed Should You Use?](#4) 5. [How to Title the Property in the Trust’s Name](#5) 6. [Step-by-Step: How the Transfer Works](#6) 7. [Recording the Deed with the County Recorder](#7) 8. [What If I Have a Mortgage? Will the Bank Freak Out?](#8) 9. [What Happens to My Title Insurance?](#9) 10. [Will Transferring Property to My Trust Trigger Taxes?](#11) 11. [What About Real Estate I Own Outside of Arizona?](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#out-of-state) 12. [What About Investment Properties and Rental Real Estate?](#12) 13. [After the Transfer: What Changes? What Doesn’t?](#13) 14. [Common Mistakes to Avoid](#14) 15. [Should I Use an Attorney or Do This Myself?](#15) 16. [The Bottom Line](#16) ## **1. Why You Must Transfer Your Property — Not Just Create a Trust** Here is the foundational truth about revocable living trusts that too many people miss: > **A revocable living trust only controls the assets that are titled in the trust’s name. It has zero power over anything you still own in your own name when you die.** This is what estate planning attorneys call “funding” the trust. Creating the trust document is Step 1. Funding the trust — actually moving your assets inside it — is Step 2. Both steps are essential. Neither one works without the other. I have seen this scenario play out too many times in my over 45 years of Arizona law practice: a person pays to have a revocable living trust drafted, feels good about it, puts the document in a drawer, and never gets around to transferring their property. They pass away years later. Their family discovers that all the real estate is still titled in Mom’s or Dad’s name. The trust they paid for does nothing for those properties. Now the family is in probate court, which is exactly what everyone was trying to avoid. Don’t let that happen to your family. If you have a trust, fund it — and start with your real estate, because real estate is almost always your most valuable asset and the one most likely to trigger probate if left unfunded. ## **2. What “Funding Your Trust” Actually Means** Funding your trust simply means changing the legal owner of your assets from *you personally* to *your trust*. After funding, you no longer own your home as “Jane Smith.” Instead, your home is owned by “Jane Smith, Trustee of the Jane Smith Revocable Living Trust dated January 15, 2024” (or whatever your trust is named and dated). You still control everything. You can still sell the property, refinance it, rent it out, or move out of it. Nothing changes in your day-to-day life. The only thing that changes is the name on the title — and that one change is what allows your successor trustee to transfer the property to your beneficiaries after you die without ever setting foot in probate court. ## **3. The Tool That Makes It Happen: A New Deed** In Arizona, the ownership of real property is transferred using a document called a **deed**. When you bought your home, the seller signed a deed that transferred ownership to you. That deed was recorded in the county recorder’s office in the county where the property is located. To transfer your real estate into your revocable living trust, you follow the same process: - You (as the current owner) sign a new deed - The deed transfers the property from you personally to you as trustee of your trust - The deed is recorded with the county recorder That’s it. Once the deed is signed and recorded, the property is inside the trust. In most cases, **you are both the grantor (the current owner transferring the property) and the grantee (the trustee of the trust receiving the property)**. You’re essentially signing a deed from yourself to yourself — just in your capacity as trustee. ## **4. Which Type of Deed Should You Use?** Arizona recognizes several types of deeds. For transferring real estate into your own revocable living trust, the most common options are: ### **Quit Claim Deed** A quit claim deed transfers whatever interest the grantor has in the property — no more, no less — with no warranties about the state of the title. It’s commonly used for transfers between family members, spouses, and for funding trusts because the grantor already knows the condition of the title. It is simple, inexpensive, and gets the job done. The biggest risk of using a quit claim deed to transfer property to your trust is that **it can inadvertently void your title insurance policy**. Title insurance protects you against future claims or hidden defects in the title that occurred before you bought the property. Many title insurance policies state that coverage ends if the property is transferred via a deed that offers no warranties (like a quit claim deed). If someone challenges your ownership down the road, your trust might be left holding the bag without insurance protection. ### **Warranty Deed (General or Special)** A warranty deed includes promises (warranties) from the grantor that the title is clear. General warranty deeds are typically used in arm’s-length sales. For a trust-funding transfer, the warranties are unnecessary since you’re effectively transferring to yourself. There’s no benefit to using a warranty deed for this purpose, and it creates no additional protection. Hire us to prepare a special warranty deed for $295 by submitting our [online questionnaire](https://www.keytlaw.com/azllclaw/special-warranty-deed/). ### **Beneficiary Deed** To hire us to prepare a Beneficiary Deed to cause the ownership of Arizona real property to pass automatically on the death of the owner(s) to the heir(s) named in the deed and avoid probate submit our [online questionnaire](https://www.keytlaw.com/arizonawills/deed/). If you have a trust this is the type of deed you should use because the title does not transfer until the death of a sole owner or the death of both owners if the owners are married. This means you do not have to notify your insurance company to add the trust as an insured. Also if you want to refiance your land you will not have to deed the land back to yourself then backk to the trust after your finish the new loan. If you do not have a trust the beneficiary deed will cause your Arizona land to transfer automatically on your death or the your death or the death of the second joint owner. ## **5. How to Title the Property in the Trust’s Name** One of the most common errors in trust-funding deeds — including ones people try to prepare themselves — is titling the property incorrectly. A trust is not a legal entity that can own property directly. The *trustee* of a trust holds title to trust property on behalf of the trust’s beneficiaries. So the deed must name you as trustee, not just name the trust itself. **Incorrect:** “The Jane Smith Revocable Living Trust” **Incorrect:** “Jane Smith Trust” **Correct:** “Jane Smith, Trustee of the Jane Smith Revocable Living Trust dated January 15, 2026” The exact name and date of your trust matters. Look at the first page of your trust document to confirm the exact name and date, and use that language verbatim on the deed. If you have a married couple’s joint trust, it might read something like: “Jane Smith and John Smith, Trustees of the Smith Family Revocable Living Trust dated January 15, 2026” Again — use the exact name from your trust document. Don’t paraphrase, abbreviate, or guess. ## **6. Step-by-Step: How the Transfer Works** Here is the complete process for transferring Arizona real estate into your revocable living trust: ### **Step 1: Gather the Information You Need** Before preparing the deed, you need: - The current vesting deed (the deed you received when you bought the property, showing how title is currently held) - The exact legal description of the property (found on the current deed or the county assessor’s records) - The Assessor’s Parcel Number (APN) — a number like 123-45-678 used by the county to identify your property - The exact name and date of your revocable living trust as it appears on the trust document - Your name as it currently appears on title ### **Step 2: Prepare the Deed** Have an Arizona-licensed attorney prepare a deed that: - Names you (and your spouse, if applicable) as the grantor(s) - Names you as trustee(s) of your revocable living trust as the grantee - Contains the complete and accurate legal description of the property - States the consideration (the amount paid — for trust-funding transfers, this is typically “$10 and other valuable consideration”) - Complies with Arizona’s recording requirements (proper margins, font size, and format per Arizona Revised Statutes [§ 11-480](https://www.azleg.gov/ars/11/00480.htm)) ### **Step 3: Sign the Deed Before a Notary Public** All grantors must sign the deed in front of a notary public. The notary will acknowledge your signature and affix their seal. In Arizona, the grantor’s signature must be notarized — the grantee does not need to sign. This is not optional. An unnotarized deed cannot be recorded and is not valid to transfer title in Arizona. ### **Step 4: Record the Deed with the County Recorder** Take the notarized deed to the county recorder’s office in the county where the property is located. In Maricopa County, this is the [Maricopa County Recorder’s Office](https://recorder.maricopa.gov/). You pay a recording fee (currently $30). The recorder stamps the deed with the date, time, and document number — and from that moment forward, your trust is the legal owner of the property on the public record. ### **Step 5: Update Your Records** After recording, update your homeowner’s insurance policy to reflect the new ownership. Call your insurance agent, tell them the property is now held in your revocable living trust, and ask them to add the trust as an additional insured. This is a routine request — any good insurance agent will know exactly what to do. ## **7. Recording the Deed with the County Recorder** Arizona has eight counties. Your deed must be recorded in the county where the property is physically located — not where you live, and not where your trust was signed. - **Maricopa County** (Phoenix, Scottsdale, Paradise Valley, Chandler, Mesa, Tempe, Queen Creek, Glendale, Peoria): [recorder.maricopa.gov](https://recorder.maricopa.gov/) - **Pima County** (Tucson): [recorder.pima.gov](https://www.recorder.pima.gov/) - **Pinal County** (Casa Grande, Coolidge, Queen Creek unincorporated): [pinalcountyaz.gov/recorder](https://www.pinalcountyaz.gov/recorder) - **Yavapai County** (Prescott, Sedona): [yavapai.us/recorder](https://www.yavapai.us/recorder) - **Coconino County** (Flagstaff, Sedona): [coconino.az.gov](https://www.coconino.az.gov/199/Recorder) Most county recorders also accept deeds by mail. Some accept electronic recording (eRecording) through third-party services. Confirm with your specific county before mailing anything. One important note: Arizona does not require you to file an Affidavit of Property Value (AQPV) when transferring property to your own revocable living trust, because the transfer is not a sale. You may, however, need to check a box on the deed indicating it is an exempt transfer. In Arizona, transferring real estate to a revocable living trust is exempt from the standard $2.00 Affidavit of Property Value filing fee and is not subject to a state real estate transfer tax. To claim this exemption when recording the deed, you must cite **Exemption Code B8** (or A.R.S. [Section 11-1134 B8](https://www.azleg.gov/ars/11/01134.htm)) directly on the face of the deed. ## **8. What If I Have a Mortgage? Will the Bank Freak Out?** This is the question I hear most often, and the good news is: **in most cases, transferring your home into your revocable living trust will not trigger a problem with your mortgage lender.** Here’s the legal background. Most mortgages contain a “due-on-sale” clause that technically allows the lender to demand full repayment of the loan if you transfer the property. However, federal law — specifically the Garn-St. Germain Depository Institutions Act of 1982 — **prohibits lenders from enforcing the due-on-sale clause when you transfer your primary residence into a revocable living trust in which you remain a beneficiary.** That’s a critical protection. If this is your primary residence and you are a beneficiary of your own trust (which you almost certainly are), your lender cannot call the loan due because of this transfer. For investment properties or second homes, the Garn-St. Germain protection may not apply. In those cases, I recommend notifying your lender before recording the deed and getting written confirmation that they won’t object. In my experience, most lenders don’t care — they just want to make sure the payments keep coming. But it’s wise to communicate with them in advance. You should also be aware that some lenders will require you to sign a new deed of trust (Arizona’s equivalent of a mortgage) showing the trust as the property owner. This is routine and should not cost much, if anything. ## **9. What Happens to My Title Insurance?** When you bought your home, you (or the lender) purchased title insurance to protect against defects in the title. You may be wondering whether transferring the property to your trust voids that coverage. The short answer: **usually not, but you should confirm with your title insurance company.** Most title insurance policies follow the property, not the owner. When you transfer ownership to yourself as trustee of your revocable living trust, many title insurers treat this as a continuation of the same ownership rather than a new transfer to a new party. But “many” is not “all.” Contact your title insurance company — you can find their name on your original title insurance policy — and let them know you are funding your revocable living trust. Ask whether your existing policy continues to cover the property. If they require an endorsement (a written modification to the policy), that endorsement is typically inexpensive. Don’t skip this step. Title insurance is valuable protection, and you don’t want to accidentally let it lapse. ## **10. Will Transferring Property to My Trust Trigger Taxes?** This is another question I hear all the time, and the answer is almost always no — for several important reasons. ### **No Arizona Real Estate Transfer Tax** Arizona does not have a real estate transfer tax. Many states do — Arizona does not. So there is no state transfer tax triggered by funding your trust. ### **No Federal Gift Tax** Because you are transferring property to yourself (as trustee of your own revocable living trust), there is no gift. You remain the beneficial owner of the property. No gift tax return is required. ### **No Capital Gains Tax** Transferring property to your revocable living trust is not a taxable event for federal income tax purposes. The IRS treats a grantor trust (which is what a revocable living trust is during your lifetime) as completely transparent. You continue to report any income, gains, or losses on your personal tax return exactly as you did before. Nothing changes from a tax perspective. ### **No Property Taxes** Arizona does not reassess property for property tax purposes when you transfer your home into your own revocable living trust. Your property taxes will not increase as a result of this transfer. The assessor’s records will eventually reflect the trust as the owner, but the assessed value and tax bill remain the same. ## **11. What About Real Estate I Own Outside of Arizona?** If you own real estate in another state, you must follow that state’s deed requirements to transfer it into your trust. You cannot use an Arizona deed to transfer California property, Texas property, or property in any other state. Each state has its own deed forms, recording requirements, transfer taxes (if any), and recording fees. In most cases, you will need to retain an attorney licensed in the state where the out-of-state property is located to prepare and record the deed. This is one of the significant advantages of a revocable living trust over a will. If you die owning real estate in two or three states and your assets pass through a will instead of a trust, your family would have to open separate probate proceedings in each of those states. That’s called “ancillary probate,” and it is expensive, time-consuming, and a complete headache. A properly funded revocable living trust eliminates ancillary probate for all states where the property is titled in the trust’s name. ## **12. What About Investment Properties and Rental Real Estate?** Everything described in this article applies equally to investment properties and rental real estate — not just your primary residence. If you own rental homes, commercial property, raw land, or any other real estate, all of it can and should be transferred into your revocable living trust. From a practical standpoint, the transfer process is identical: prepare a quit claim deed, sign before a notary, record with the county recorder. One additional consideration for investment real estate: if the property is held in an LLC, the trust should become the member of the LLC rather than directly owning the real estate. If the LLC’s operating agreement requires member approval for a transfer of membership interest, you’ll need to follow those procedures. This is another situation where having an attorney who understands both estate planning and LLC law is valuable. If your rental property is owned directly in your name (not in an LLC), transferring it to your trust is straightforward using the same deed process described above. And while you’re at it, you may want to consider whether that property should be inside an LLC for liability protection — a separate but very important conversation. As LLC attorney who have formed more than 10,000 Arizona LLCs we recommend without exception that rental real estate always be owned by an LLC that protects the person or people from liabilities arising from the rental property. ## **13. After the Transfer: What Changes? What Doesn’t?** Once your real estate is titled in the name of your revocable living trust, your day-to-day life with the property doesn’t change in any meaningful way. **What stays exactly the same:** - You live in (or rent out) the property exactly as before - You make mortgage payments exactly as before - You pay property taxes and report income (if any) on your personal tax return exactly as before - You can sell the property whenever you want — you sign the deed as trustee rather than as an individual, but the process is essentially identical - You can refinance the property — most lenders handle trust-owned properties routinely - You can remove the property from the trust at any time by signing a new deed back to yourself personally **What changes:** - The name on the county recorder’s records now shows the trust as the owner - When you die, your successor trustee can transfer the property to your beneficiaries using a Trustee’s Deed — no court, no probate, no delay - If you become incapacitated, your successor trustee can manage the property on your behalf without a court-supervised conservatorship The last two points are the entire reason you went to the trouble of creating a trust in the first place. Funding your real estate into the trust is what activates those benefits. ## **14. Common Mistakes to Avoid** After more than 45 years of Arizona law practice, here are the mistakes I see most often: ### **Mistake #1: Creating the Trust But Never Funding It** I’ve said this already, but it bears repeating because it’s the most common and most costly mistake. An unfunded trust does nothing. If your real estate is still in your name when you die, it goes through probate — period. Fund your trust as soon as possible after signing it. ### **Mistake #2: Using the Wrong Legal Description** Every piece of real property has a specific legal description — sometimes a lot-and-block description (e.g., “Lot 15, Block 3, Metes Subdivision…”), sometimes a metes-and-bounds description, and sometimes a description by section, township, and range. That legal description must appear verbatim and completely on the deed. A deed with a wrong or incomplete legal description can cloud title and create serious problems for your successors. Always pull the legal description directly from the recorded deed or county recorder records — don’t type it from memory. ### **Mistake #3: Misspelling the Trust Name or Getting the Date Wrong** If your trust is “The Smith Family Revocable Living Trust dated January 15, 2024,” don’t write “Smith Family Trust 2024.” Use the exact name and exact date. Any discrepancy creates a title question that may need to be resolved with additional legal documents. ### **Mistake #4: Forgetting to Update Homeowner’s Insurance** Your homeowner’s insurance policy covers the property owner. Once the trust is the owner, you need the trust named as an insured party on the policy. Call your agent right after you record the deed. ### **Mistake #5: Using an Online Deed Form Without Understanding Arizona Law** Online deed generators exist. Some are better than others. But they don’t know the specifics of your trust, your property, your mortgage, or your situation. A mistake on a deed can cloud title, void your trust funding, or create problems that are expensive to fix. The cost of having an attorney prepare the deed correctly is modest compared to the cost of fixing a defective deed years later. ### **Mistake #6: Forgetting About Other Assets** Real estate is often the largest asset, but it’s rarely the only one. Once you’ve transferred your real estate into the trust, review all your other significant assets — financial accounts, brokerage accounts, business interests, vehicles — and make sure those are properly coordinated with your estate plan as well. For financial accounts, this may mean re-titling the account in the trust’s name or naming the trust as the beneficiary. Your estate planning attorney can walk you through the complete funding process for all asset types. ## **15. Should I Use an Attorney or Do This Myself?** I’ll be straight with you: you can legally prepare and record a deed yourself in Arizona. The state doesn’t require an attorney to be involved in deed preparation. But I want you to think carefully before doing this on your own. A deed is a permanent legal document that affects your property’s chain of title. A mistake on a deed — wrong legal description, wrong trust name, improper execution — can create a cloud on title that is expensive and time-consuming to fix. Depending on the error, fixing it may require a court action, a quiet title lawsuit, or the cooperation of heirs and beneficiaries who may be difficult to locate years from now. The cost of having an experienced Arizona estate planning attorney prepare and record your trust-funding deed is relatively modest. At KEYTLaw, trust-funding deed preparation is included for our estate plan clients. We make sure it’s done right. If you already have a trust that was created by a different attorney and you simply need a deed to fund it, contact our office. We can help. ## **16. The Bottom Line** Transferring your Arizona real estate into your revocable living trust is one of the most important estate planning steps you can take. It’s not complicated. It doesn’t trigger taxes. It doesn’t affect your mortgage. And it doesn’t change how you use or enjoy your property. What it does is give your family an extraordinary gift: the ability to transfer your home and real estate to the people you love quickly, privately, and without ever setting foot in a probate courtroom. The process is simple: 1. Have a qualified Arizona attorney prepare a quit claim deed from you personally to you as trustee of your revocable living trust 2. Sign the deed before a notary public 3. Record the deed with the county recorder in the county where the property is located 4. Update your homeowner’s insurance policy to include the trust 5. Confirm with your title insurance company that coverage continues That’s it. Five steps. Done. If you don’t yet have a revocable living trust and want to understand why I believe a trust — not a will — is the right foundation for almost every Arizona estate plan, [read more of my articles on Arizona estate planning](https://www.keytlaw.com/arizona-wills-trusts-articles/). Or if you’re ready to talk about putting an estate plan in place for your family, [**schedule a free office, phone or Zoom video meeting with one of your attorneys**](https://www.keytlaw.com/calendar). We’ll answer your questions and explain exactly how we can help. Your family deserves to be protected. Fund your trust — don’t leave your real estate sitting on the kitchen counter. *Disclaimer: I am an attorney, but I am not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Where to Store Your Arizona Estate Plan & Who Gets Copies](https://www.keytlaw.com/storing-arizona-estate-plan/) **Published:** May 24, 2026 **Author:** Richard Keyt **Content:** # How to Store & Share Your Arizona Estate Plan [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Who Should Receive Copies of Your Arizona Estate Plan Documents and Where to Store Your Binder Congratulations. You just signed your estate plan documents. You now have a revocable living trust, a pour-over will, a healthcare power of attorney, a financial power of attorney, a living will, a HIPAA authorization, and—if you have minor children—a guardian nomination document. That is a complete set of documents that will protect you, your family, and your assets for the rest of your life. But here is something most people do not think about on signing day: your estate plan only works if the right people have access to the right documents at the right time. A perfectly drafted trust sitting in the wrong place—or known only to you—can leave your family scrambling in a crisis. I have seen it happen. In this article, I will walk you through exactly who should receive copies of your estate plan documents, what each person should receive, and where you should store your original binder. Follow these steps and your estate plan will be ready to do its job when your family needs it most. ## **The Two Big Goals: Access and Privacy** Before we talk about who gets copies, understand the two competing goals at play here. On one hand, you want the right people to have access to your documents in an emergency—whether that is a sudden illness, an accident, or your death. On the other hand, your estate plan is deeply personal. It reveals what you own, how you have structured your affairs, and who gets what when you die. You do not need to share that level of detail with the entire world. The solution is to be strategic. Certain people need complete copies of specific documents. Others need only a summary or a specific page. I will explain the difference as we go through each document. ## **Your Revocable Living Trust** ## **Your Successor Trustees** Your successor trustee is the person—or people—who will manage your trust assets if you become incapacitated and after you die. This person needs a complete copy of your revocable living trust. They do not need to memorize every word, but they should read it and understand their role before they ever have to act on it. The worst time for your successor trustee to read your trust for the first time is at 2:00 a.m. in a hospital waiting room. Sit down with your successor trustee, give them their copy, and walk through the highlights: what the trust owns, what their powers are, what you want done with your assets, and how you want distributions handled. If you have named co-trustees, they each need a copy. ### **Your Financial Institutions: Give Them a Certification of Trust, Not the Full Trust** When you fund your trust—which means re-titling your financial accounts, real estate, and other assets into the name of your trust—your bank, brokerage firm, and other financial institutions will ask for proof that your trust exists and that you have authority to act as trustee. You do not have to hand them your entire trust document. Doing so exposes private information about your beneficiaries and your estate plan that has nothing to do with the bank’s legitimate need. Instead, give them a **Certification of Trust** (also called an Affidavit of Trust). This is a short summary document, typically two to four pages, that confirms the trust exists, identifies the trustees, and describes the trustees’ powers. Arizona law specifically authorizes financial institutions to rely on a Certification of Trust under A.R.S. § 14-11013. Most Arizona banks and brokerage firms accept it without question. Keep several executed copies of your Certification of Trust in your binder so you have them ready when you need them. ## **Your Healthcare Power of Attorney and Living Will** ### **Your Healthcare Agent** Your healthcare power of attorney names a healthcare agent—the person who will make medical decisions for you when you cannot make them yourself. That person must have a copy of the document. They cannot show up at a hospital and tell the nurses they are your agent without being able to prove it. Give your primary healthcare agent a copy and, if you have a backup agent, give them a copy as well. Along with the healthcare power of attorney, give your healthcare agent a copy of your **Living Will** (also called an Advance Healthcare Directive). Your living will tells your doctors—and your healthcare agent—what kind of life-sustaining treatment you want or do not want if you are in a terminal condition or a persistent vegetative state. Your agent will need this document to carry out your wishes. ### **Your Primary Care Physician** Give your primary care doctor a copy of both your healthcare power of attorney and your living will and ask that they be placed in your permanent medical file. If you are admitted to a hospital, the hospital will often have its own advance directive forms, but having your documents already in your medical record ensures your wishes are known even before you are asked. ### **Hospitals, Urgent Care Centers, and Specialists** When you are admitted to any medical facility, bring copies of your healthcare power of attorney and living will with you. Many hospitals maintain an electronic registry of advance directives. Ask the admitting staff whether they can scan and store your documents in their system. Keep several extra copies of both documents in your binder for this purpose. These are the two documents most likely to be requested in an emergency situation. ## **Your Financial Power of Attorney** ### **Your Financial Agent** Your durable financial power of attorney names a financial agent who can manage your financial affairs—pay your bills, manage your bank accounts, file your taxes, and handle other financial matters—if you become incapacitated. Your financial agent should have a copy of this document. If they need to step in while you are incapacitated, they cannot act without it. One important note: your financial power of attorney covers assets that are *outside* your trust—things like IRA accounts, 401(k) plans, and any assets you forgot to transfer into the trust. Your successor trustee handles assets *inside* the trust. In some cases, the same person serves both roles. Whether that is true for you or not, make sure your financial agent has their copy. ### **Your Banks and Financial Institutions** You can also give your bank a copy of your financial power of attorney in advance. Many banks have their own proprietary power of attorney forms they prefer, but under Arizona law, a properly executed durable power of attorney must be honored. Registering it with your bank ahead of time—before you need it—can save your agent significant frustration later. ## **Your Pour-Over Will** Your pour-over will is a backup document. It works in tandem with your trust to capture any assets that were not transferred into your trust during your lifetime and pour them into the trust at your death. Because it functions as a safety net for your trust, it does not need to be distributed as widely as your trust or your powers of attorney. Your successor trustee should know that the pour-over will exists and where to find it. If any assets need to pass through your will at death, your successor trustee or the named personal representative will need to locate it quickly. The original should stay in your binder. ## **Your HIPAA Authorization** Your HIPAA authorization gives specific people—typically family members—the legal right to receive information about your medical condition from your healthcare providers. Even if someone is your spouse or adult child, federal HIPAA law prohibits your doctor from discussing your condition with them unless you have authorized it in writing. Give a copy of your HIPAA authorization to the people you have named in it. Your healthcare providers may also want a copy in your medical file. Like your other healthcare documents, keep several extra executed copies in your binder. ## **Guardian Nomination for Minor Children** If you have minor children, your estate plan should include a document nominating a guardian to care for them if you and your spouse both die or become incapacitated before your children reach adulthood. The person or people you have nominated as guardian should know about this document and should have a copy. The original guardian nomination belongs in your binder. Your successor trustee should also be aware it exists, particularly if the same person serves as both the guardian of your children’s persons and the trustee managing assets for their benefit. ## **Should You Give Beneficiaries a Copy of Your Trust?** This is a question I hear often and the answer is: usually not while you are alive. Your trust is a private document. It is one of the significant advantages a revocable living trust has over a will—a will becomes a public court record when it is filed in probate, but your trust never becomes public. You are free to tell your beneficiaries that they are in your trust and what you plan to leave them. That is a personal decision. But there is no legal reason to hand out full copies of your trust to your beneficiaries during your lifetime. After your death, Arizona law does give beneficiaries the right to receive certain information about the trust. Your successor trustee will handle those disclosures at the appropriate time. ## **Where to Store Your Estate Plan Binder** ### **The Best Option: A Fireproof Safe at Home** The best place to store your estate plan binder is inside a fireproof home safe. A good quality fireproof safe protects your documents from fire, flood, and theft. It is accessible to you—and to your successor trustee and family—twenty-four hours a day, seven days a week, without requiring anyone to call a bank, get in a car, or obtain a court order. Fireproof safes are widely available at hardware and home improvement stores and online. A floor-mounted or wall-bolted safe provides additional security against theft. At a minimum, invest in a fireproof document box or a fire-rated safe rated for at least one hour of fire protection. ### **Tell Your Successor Trustee Where the Safe Is** A fireproof safe does your family no good if no one knows where it is or how to open it. Tell your successor trustee exactly where the safe is located and how to access it. If it has a combination or digital code, make sure that information is stored somewhere your successor trustee can find it—but not somewhere so obvious that it defeats the purpose of a locked safe. Consider keeping a simple letter of instruction—sometimes called a “Letter to My Successor Trustee”—in the binder itself. This letter can tell your successor trustee where the safe is, who to call, what financial accounts exist, where the deeds to your real estate are, and any other practical information they will need. It is not a legal document; it is a roadmap for the people who will be doing the work after you are gone. ### **Digital Copies Are a Smart Backup** We give all of our clients digital pdf copies of all of their estate plan documents on a thumb drive. Scan all of your estate plan documents and store digital copies in a secure location—an encrypted cloud storage service or a password-protected USB drive kept with your paper binder. Digital copies are not substitutes for originals, but they provide a valuable backup if your paper documents are ever lost or destroyed, and they make it easy for your successor trustee to quickly read and share key documents without having to transport the physical binder. If you use a cloud storage service, make sure your successor trustee knows how to access it. The login credentials can be stored in your letter of instruction—kept in the safe. ### **The Worst Option: A Safe Deposit Box at a Bank** I want to be direct about this because it is one of the most common mistakes I see: **do not store your estate plan binder—or your original trust—in a safe deposit box at a bank.** Here is why. When you die, a bank may seal your safe deposit box. Your successor trustee—the person you specifically chose and authorized to manage your estate—may be told they cannot access the box without a court order. In some cases, even a surviving spouse has been denied access. Getting a court order requires time, money, and a legal proceeding. This is precisely what a well-designed revocable living trust is built to avoid. Locking your trust in a safe deposit box can force your family into the very court process your trust was designed to prevent. There is also a practical problem: safe deposit boxes are accessible only during bank business hours. If your successor trustee needs your trust documents on a Saturday evening after you have been taken to the hospital, the bank is closed and there is nothing they can do. Keep your estate plan binder at home in a safe. Leave the safe deposit box for jewelry, coins, or other valuables—not for documents your family needs to access quickly in a crisis. ## **A Quick Reference Summary** Estate Plan Documents: Who Gets a Copy and Where to Store OriginalsDocumentWho Should Receive a CopyOriginal StoredRevocable Living TrustSuccessor trustee(s); co-trustee(s)Fireproof home safeCertification of TrustBanks and financial institutions where trust accounts are heldMultiple executed copies in your binderPour-Over WillSuccessor trustee (so they know it exists)Fireproof home safeHealthcare Power of AttorneyHealthcare agent; backup healthcare agent; primary care physician; hospitals you visitFireproof home safe; extra copies in binderLiving Will / Advance Healthcare DirectiveHealthcare agent; backup healthcare agent; primary care physician; hospitals you visitFireproof home safe; extra copies in binderDurable Financial Power of AttorneyFinancial agent; banks (optional, in advance)Fireproof home safeHIPAA AuthorizationNamed authorized persons; primary care physician’s fileFireproof home safe; extra copies in binderGuardian Nomination for Minor ChildrenNamed guardian(s)Fireproof home safe ## **One More Thing: Update Your Documents When Life Changes** Knowing who has copies of your documents also means you have a responsibility to update those people when your documents change. If you amend your trust, revoke a power of attorney, or name a new healthcare agent, the people who have your old documents need to know. The last thing you want is your former healthcare agent showing up at the hospital with an outdated document while your current agent is being turned away. When you update any document, collect and destroy old copies from the people who had them and replace those copies with the updated versions. It takes a phone call and a short drive, but it is worth doing right. a ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [How to Protect Your Bitcoin and Crypto Assets](https://www.keytlaw.com/bitcoin-crypto/) **Published:** May 21, 2026 **Author:** Richard Keyt **Content:** # How to Protect Bitcoin & Crypto [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). May 21, 2026. We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) # How to Secure Your Bitcoin & Crypto Assets If You Die ## **The Problem Nobody Talks About** Every week, millions of dollars in Bitcoin and cryptocurrency vanish forever. Not stolen. Not lost in a market crash. Just gone — because the owner died and nobody knew the password. If you own Bitcoin, Ethereum, or any other cryptocurrency, you have a problem that your parents and grandparents never had to solve. Unlike a bank account, a brokerage account, or even a safe deposit box, your crypto assets exist in a system with no customer service, no account recovery, and no “forgot my password” button. If access is lost, the assets are gone permanently. This article will show you exactly what you need to do to protect your crypto assets during your lifetime and make sure your family can access them after you’re gone. ## **Why Crypto Is Completely Different From Every Other Asset** Before we get to solutions, you need to understand what makes cryptocurrency unique — and uniquely dangerous from an estate planning perspective. **Traditional assets** like bank accounts and investment accounts are controlled by institutions. When you die, your family contacts the bank, provides a death certificate, shows proper legal authority (a trust document or court order), and the institution transfers the funds. The institution is the gatekeeper. **Crypto assets** have no gatekeeper. They live on a blockchain — a decentralized digital ledger — and are controlled entirely by whoever holds the private key. Think of the private key as a master password that proves ownership. There is no institution sitting between you and your crypto. There is no one to call. There is no override. This means: - **If you die without documenting access, your crypto is gone forever.** Not frozen, not in legal limbo — permanently inaccessible to everyone on Earth. - **If someone steals your private key, your crypto is gone forever.** There is no fraud department. No reversal. - **If you document access carelessly, you’ve created a security risk.** Anyone who finds those instructions can drain your accounts before your family even knows you’re gone. This is the challenge. The good news is that it is entirely solvable with the right plan. ## **Step 1: Understand How Your Crypto Is Held** The first thing you need to know is **where and how your crypto is currently held**, because the answer changes everything about your estate plan. #### Option A: Exchange-Held Crypto (Coinbase, Kraken, Gemini, etc.) If your crypto sits on a centralized exchange, you don’t actually hold the private keys — the exchange does. You hold an account with the exchange, similar to a brokerage account. This is sometimes called “custodial” storage. **Pros:** Easier for heirs to access. Exchange has a death claim process (similar to a brokerage). Less technical knowledge required. **Cons:** You are dependent on the exchange staying solvent and operational. If the exchange fails (it has happened), your assets are at risk. You are also subject to the exchange’s terms of service. #### Option B: Self-Custody Wallets (Hardware or Software) If you hold your own private keys — using a hardware wallet like a Ledger or Trezor, or a software wallet — you are in full control and full responsibility. Nobody else can access your crypto, including any exchange or institution. **Pros:** Maximum security. No counterparty risk. **Cons:** If your private keys and seed phrases are lost or inaccessible at death, your crypto is gone. Full stop. **Most crypto owners have a mix of both.** You need an estate plan that accounts for each type. ## **Step 2: Create a Crypto Asset Inventory** You cannot plan for what you have not documented. Start with a complete inventory of every crypto asset you own. For each asset, document the following: 1. **The type of cryptocurrency** (Bitcoin, Ethereum, USDC, etc.) 2. **Approximate value and quantity** 3. **Where it is held** (exchange name, wallet type) 4. **Account login information** (for exchange accounts) 5. **Wallet addresses** (for self-custody) 6. **The private key or seed phrase** (for self-custody wallets — more on how to secure this below) 7. **Any hardware device** (the Ledger or Trezor device itself) and its PIN This inventory is the foundation of your crypto estate plan. Without it, your family has no starting point. ## **Step 3: Secure Your Private Keys and Seed Phrases** This is the most critical step for anyone who holds self-custody crypto. When you set up a hardware or software wallet, you are given a **seed phrase** — typically 12 or 24 randomly generated words in a specific order. This seed phrase is the master key to your crypto. Anyone who has it can access every asset in that wallet. If it is lost, those assets are permanently inaccessible. **How to secure your seed phrase:** - **Write it down on paper or metal** — not on your phone, not in email, not in a file on your computer. Digital storage is hackable. Paper and metal are not. - **Store it somewhere physically secure** — a fireproof safe in your home, or a safe deposit box at your bank. - **Consider splitting storage** — store one copy of your seed phrase at home and a second copy in your safe deposit box. This protects against fire or theft destroying the only copy. - **Never photograph it or store it in the cloud.** Cloud-stored seed phrases have been hacked and wallets drained. - **Tell your trusted family members or successor trustee where the seed phrase is stored** — without actually giving it to them now if you are concerned about security during your lifetime. Some people use a **letter of instruction** — a sealed envelope in their safe, their attorney’s file, or their safe deposit box that contains precise directions for accessing all crypto accounts. Your letter of instruction should reference your estate plan but never be filed with a court or made public. ## **Step 4: Include Your Crypto in a Revocable Living Trust** Here is where the legal structure comes in — and where most people make a critical mistake. **A will alone does not work well for crypto assets.** Why? Because a will must go through probate — the court-supervised process of proving the will, appointing an executor, and transferring assets under court oversight. Probate in Arizona takes a minimum of six months, often longer, and requires court filings that become part of the public record. During that time, your crypto is in a kind of legal limbo, and crypto markets do not wait for probate courts. **The right vehicle for crypto assets — and virtually all assets — is a revocable living trust.** With a properly funded revocable living trust, your successor trustee (the person you name to step in when you die or become incapacitated) can access and manage your assets immediately, without going to court, without waiting months, and without public disclosure. For crypto assets that can be volatile and time-sensitive, this is enormously important. Here is how crypto fits into a trust: #### For Exchange-Held Crypto Some exchanges allow accounts to be retitled in the name of a trust, similar to how a brokerage account can be held in a trust. Check with each exchange. If the exchange does not permit trust accounts, your trust should still include specific instructions naming your successor trustee as the authorized person to access and manage crypto accounts, and your letter of instruction should provide all necessary login credentials. #### For Self-Custody Wallets Your trust document should specifically identify your cryptocurrency holdings as trust assets. Your successor trustee needs: (1) the trust’s legal authority to act, (2) the physical hardware wallet device, (3) the seed phrase or private key, and (4) a clear letter of instruction explaining exactly how to access and transfer the assets. The trust itself does not hold a private key on a blockchain — the blockchain does not know or care about your trust. What the trust does is give your successor trustee the legal authority to act on your behalf, and your letter of instruction provides the technical means. ## **Step 5: Choose and Prepare a Successor Trustee Who Can Handle Crypto** Your successor trustee does not need to be a crypto expert. But they do need to be: 1. **Trustworthy** — they will have access to assets worth potentially significant sums 2. **Organized** — they will need to follow your written instructions carefully 3. **Willing to learn** — if your successor trustee has never seen a hardware wallet, they need to be willing to follow directions Consider preparing a **step-by-step written guide** specifically for your successor trustee explaining: - What cryptocurrencies you own and where - How to access exchange accounts (login credentials, two-factor authentication backup codes) - How to use a hardware wallet - What a seed phrase is and how to use it - What to do with the crypto once they have access (hold, sell, distribute to beneficiaries) Many of my clients create this guide and keep it with their trust documents in a secure location, with a note to their successor trustee about where to find it. ## **Step 6: Address Multi-Factor Authentication and Two-Factor Authentication** One of the most overlooked problems in crypto estate planning is **two-factor authentication (2FA)**. Most exchange accounts require 2FA — a code sent to your phone or generated by an app like Google Authenticator — every time you log in. If your family has your username and password but not your phone or 2FA backup codes, they can be completely locked out of your exchange account. **What to do:** - Generate and securely store **backup codes** for every exchange account that uses 2FA. Most exchanges let you generate one-time backup codes for account recovery. Print these and store them with your other crypto access documents. - If you use an authenticator app, document this explicitly in your letter of instruction and explain how to transfer or reset 2FA access. - Keep a current, charged phone accessible to your successor trustee, or document the process for resetting 2FA with each exchange. ## **Step 7: Consider Whether a Digital Asset Trustee or Specialist Makes Sense** For very large crypto holdings — say, anything over $100,000 — it may make sense to discuss with your attorney whether: - A professional or institutional trustee with digital asset experience makes sense for your situation - A specialized crypto inheritance service is appropriate - Your trust should include specific provisions about whether your successor trustee should convert crypto to cash immediately, hold it for a period, or distribute it in kind to your beneficiaries These are not questions with universal answers. They depend on the size of your holdings, the sophistication of your family, and your own wishes. They are worth discussing with your estate planning attorney. ## **What Arizona Law Says About Digital Assets** Arizona has adopted a version of the **Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA)**, which gives your fiduciaries — your trustee, Personal Representative, and agent under your power of attorney — the legal right to access your digital assets, including cryptocurrency, when properly authorized. This is important: the law gives your fiduciaries the legal right to access your accounts, but it does not give them the technical ability. You must do the technical preparation described above. The law opens the legal door; your documentation provides the key. Your estate plan documents — your trust, your will, and your durable financial power of attorney — should expressly grant your fiduciaries authority to access, manage, transfer, and distribute digital assets, including cryptocurrency. This is language that should be built into a properly drafted modern estate plan. ## **The Six Biggest Crypto Estate Planning Mistakes** Let me end with the mistakes I see most often, so you can avoid them. **1. Doing nothing.** The most common and most costly mistake. Every day you own crypto without an estate plan is a day your family is one accident away from permanent loss. **2. Relying on a will.** Wills go through probate. Probate takes time. Time is not a friend to volatile digital assets. Use a trust. **3. Storing your seed phrase digitally.** Phone photos, email drafts, cloud storage, password managers — all of these are hackable. Seed phrases belong on paper or metal, stored physically. **4. Telling nobody.** Security-conscious crypto owners sometimes keep their holdings so secret that when they die, their family has no idea the assets even exist. Document what you have, even if you protect how to access it. **5. Not updating your plan.** Crypto holdings change. You may buy more, sell, move assets between exchanges, or set up new wallets. Review your crypto estate plan documents at least annually and update your inventory. **6. Not including 2FA backup codes.** As described above, 2FA can lock your family out completely even if they have your password. Always document your 2FA backup codes. ## **Take Action Now** If you own any amount of cryptocurrency — even a small amount — I encourage you to take these steps seriously. The same people who are disciplined enough to research and invest in crypto are sometimes the last people to think about what happens to it when they die. Do not let that be you. A properly drafted revocable living trust, combined with a well-prepared letter of instruction and secure seed phrase storage, gives your family everything they need to access, preserve, and distribute your crypto assets — without the courts, without the delays, and without losing a single coin. If you would like to discuss including your cryptocurrency and other digital assets in a comprehensive Arizona estate plan, I invite you to schedule a consultation with my son or me using our online calendar at [**keytlaw.com/calendar**](https://www.keytlaw.com/calendar). My son Ricky and I will make sure your entire estate — digital and otherwise — is protected the right way. ## Crypto Resources **Other Crypto Resources** To dive deeper into the mechanics of blockchain or specific coins, you can check out educational resources provided by [Investopedia’s Cryptocurrency Guide](https://www.investopedia.com/terms/c/cryptocurrency.asp) or [Fidelity’s Crypto Basics](https://www.fidelity.com/learning-center/trading-investing/what-is-crypto). Managing cryptocurrency and digital wealth after death presents unique technical and legal hurdles, primarily due to the decentralized nature of blockchain technology and the absolute necessity of secure private key transitions. The following five authoritative legal and academic sources detail the frameworks, tax implications, and technical procedures required to effectively manage, inherit, and dispose of cryptocurrency post-mortem: ### 1. Cryptocurrency — What Estate Planners Need to Know - **URL:** [TI-TRUST / SSRN Electronic Journal](https://www.ti-trust.com/wp-content/uploads/2021/01/PT-Newsletter-January-2020.pdf) - **Overview:** This resource outlines how cryptocurrency wallets function and underscores the reality that if an owner misplaces or fails to pass on a private key or seed phrase, the assets can be permanently lost with no option for a password reset (Beyer, 2019). It provides practical advice on bridging the gap between blockchain security and estate execution. ### 2. Virtual Currency Estate Planning, Bit By Bit - **URL:** [Hofstra Law / ACTEC Law Journal](https://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=1053&context=acteclj) - **Overview:** A foundational legal analysis focusing on the extreme vulnerability of virtual currencies at the time of an owner’s death (Farmer, 2014). It discusses the critical balance between cryptographic security during life and structuring an estate plan that ensures real-world value is seamlessly transmitted to heirs rather than trapped on the blockchain. ### 3. A Digital Asset Inheritance Model to Convey Online Persona Posthumously - **URL:** [PMC / International Journal of Information Security](https://pmc.ncbi.nlm.nih.gov/articles/PMC9059920/) - **Overview:** This peer-reviewed paper addresses the technical side of digital asset disposal, proposing secure inheritance protocols (Singh et al., 2022). It explores how cryptocurrency owners can leverage specialized cryptographic tools and secret-sharing schemes to safely pass sensitive access information to designated beneficiaries, even if those nominees are initially uninformed about the assets. ### 4. Estate Planning and Administration in the Digital Age - **URL:** [McCarter & English, LLP](https://www.mccarter.com/wp-content/uploads/2019/10/PDF-TaxesMagazineEstatePlanning11-18_Ferges.pdf) - **Overview:** This source focuses heavily on the fiduciary duties and legal frameworks governing digital inheritance, specifically analyzing the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). It details how a chosen executor or trustee can obtain the formal legal authority required to manage, inventory, and legally dispose of a decedent’s digital tokens and exchange accounts (Ferges, n.d.). ### 5. Decoding Cryptocurrency Taxes: The Challenges for Estate Planners - **URL:** [Duke Law & Technology Review](https://scholarship.law.duke.edu/dltr/vol23/iss1/6/) - **Overview:** Transferring crypto isn’t just about passing on keys; it also involves massive regulatory navigation. This piece focuses extensively on the financial aftermath of digital asset succession, educating readers on the complex tax obligations, valuation strategies, and preservation challenges that executors and heirs face when handling a crypto-infused estate (Angel, n.d.). ### References Angel, M. (n.d.). Decoding cryptocurrency taxes: The challenges for estate planners. *Duke Law & Technology Review*. Cited by: 3 Beyer, G. W. (2019). Cryptocurrency — What estate planners need to know. *SSRN Electronic Journal*. [https://doi.org/10.2139/ssrn.3314161](https://www.google.com/search?q=https://doi.org/10.2139/ssrn.3314161) Cited by: 2 Farmer, A. J. (2014). Virtual currency estate planning, bit by bit. *ACTEC Law Journal*, *40*. [https://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=1053&context=acteclj](https://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=1053&context=acteclj) Cited by: 8 Ferges, T. M. (n.d.). Estate planning and administration in the digital age. *Taxes Magazine*. [https://www.mccarter.com/wp-content/uploads/2019/10/PDF-TaxesMagazineEstatePlanning11-18\_Ferges.pdf](https://www.mccarter.com/wp-content/uploads/2019/10/PDF-TaxesMagazineEstatePlanning11-18_Ferges.pdf) Cited by: 1 Singh, R. G., Shrivastava, A., & Ruj, S. (2022). A digital asset inheritance model to convey online persona posthumously. *International Journal of Information Security*, *21*, 983–1003. [https://doi.org/10.1007/s10207-022-00593-8](https://gemini.google.com/app/324ca665ce3fe2c2) Cited by: 23 ## Disclaimer The information provided in this article is for **informational and educational purposes only** and does not constitute formal legal, financial, tax, or investment advice. - **No Attorney-Client Relationship:** Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client or professional-client relationship between the author, publisher, and the reader. - **Not a Substitute for Professional Counsel:** Estate planning, trust administration, and digital asset management are highly technical areas of law. This article is not a substitute for obtaining legal counsel from a qualified attorney licensed in your jurisdiction. Do not act or refrain from acting based upon any information in this piece without seeking professional advice. - **Regulatory & Technology Risks:** Cryptocurrency, blockchain assets, and digital wallets are subject to extreme volatility and rapidly evolving regulatory frameworks (including IRS guidelines and state-specific laws like the Revised Uniform Fiduciary Access to Digital Assets Act). The technical mechanisms required to transfer private keys, seed phrases, or smart contracts carry inherent risks of permanent asset loss if executed incorrectly. - **Limitation of Liability:** The author and publisher make no representations or warranties as to the accuracy, completeness, or current relevance of the information contained herein. Under no circumstances shall the author or publisher be liable for any direct, indirect, incidental, or consequential financial losses or legal complications resulting from the use of or reliance on this content. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Changing Members of Your Arizona LLC: Legal Guide](https://www.keytlaw.com/change-arizona-llc-member/) **Published:** May 25, 2026 **Author:** Richard Keyt **Content:** # How to Add or Remove a Member of an Arizona LLC [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona LLC attorneys who have formed 10,000+ Arizona LLCs. They have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). See their LLC website at . [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Proper Legal Process for Changing Arizona LLC Ownership If your Arizona limited liability company wants to add or remove one or more members or if a member changed the member’s percentage ownership of the LLC, the transaction(s) should be documented in writing or the changes may not be legally enforceable. Your Arizona LLC is a legally existing entity and its members have legal rights that can be enforced by Arizona courts. Any time your LLC adds a new member or a member ceases to be a member, the company must document the change to protect the interested parties. When your company has a change with respect to any member, do not rely on mere oral statements. Without a written document that shows a change in ownership of your LLC, how will the members prove who the owners are, their percentage of ownership and the dates of acquiring membership interests? If the company adds a new member, a member ceases to be a member, any members change their percentage ownership of the company or there is a change with respect to any other rights or obligations of a member, the change should be documented by having the parties sign appropriate documents. A member who says “I quit and don’t want to be a member anymore” when your company is going through hard times may come back to reclaim ownership months or years later when the company’s fortunes have improved. You may have a hard time convincing a court that your “former” member terminated his membership when the only written evidence of membership is the company’s Articles of Organization on file with the Arizona Corporation Commission that names the “former” member as a member of the company. ## **Arizona LLC Law** Arizona Revised Statutes [Section 29-3202.B](https://www.keytlaw.com/azllclaw/ars-section-29-3202/) requires that the company file an amendment to its Articles of Organization with the Arizona Corporation Commission **within thirty days after the occurrence of any of the following**: 1\. a member-managed limited liability company has a change in members. 2\. a manager-managed limited liability company has a change in managers or a change in members owning twenty percent or greater interest in the capital or profits of the company. The Arizona Limited Liability Company Act [Section 29-3401.C](https://www.keytlaw.com/azllclaw/ars-section-29-3401/) provides that after a limited liability company files its initial Articles of Organization, “After formation of a limited liability company, a person becomes a member . . . as provided in the operating agreement . . . \[or\] by agreeing to become a member, with **the affirmative vote or consent of all the members**.” If your Operating Agreement does not provide that a new member can be approved by less than unanimous consent, a new member cannot be admitted as a member of the company without the consent of all members. An Arizona LLC should always document in writing those members who approve or disapprove of admitting a new member. Has your Arizona LLC properly documented all changes involving members and their percentage of ownership of the company? If you are considering becoming the member of an Arizona LLC or if you are creating a new Arizona LLC you must read and understand “[Requirements of Arizona Law to Become a Member/Owner of an AZ LLC](https://www.keytlaw.com/azllclaw/operating-llcs/llc-member-requirement/).” If your LLC does not properly document the addition or removal of members, it is a recipe for future disagreements and litigation. If a change in membership is not properly documented or if it does not comply with Arizona’s statutory LLC law, the company and its members risk having a dispute one day over who the owners are, how much does each member own and when did the member acquire the interest. These types of disputes frequently result in litigation and can be very expensive to resolve. Do not delay properly documenting changes involving members. The best time to document a change is when it occurs. To hire us to document the addition or removal of a member of an Arizona LLC complete our online [Member Change Questionnaire](https://azllc.com/changeq/). Order your change of member documents now before it is too late. ## **Documents Needed to Evidence a Member Change** Normally, whenever there is a change with respect to any member of an Arizona LLC, the change should be evidenced, at a minimum, by all of the following documents: - **Assignment of Membership Interest Agreement**. A buyer and seller (in a transaction that involves a purchase and sale) or an assignor and assignee (in a transaction that does not involve a sale) should sign an Assignment of Membership Interest Agreement that states the seller/assignor is assigning the interest to the buyer/assignee as of the effective date of the transfer. This document is equivalent to a Deed or Bill of Sale. It is the document that actually evidences the change of ownership from the seller/assignor to the buyer/assignee. You would not buy a home without getting a Deed and you should not acquire or transfer an interest in an Arizona without an Assignment of Membership Interest Agreement. - **Amendment to the Articles of Organization**. See the discussion above on when the Articles of Organization must be amended. For more on this topic, read “[When an LLC Must Amend its Articles of Organization](https://www.keytlaw.com/azllclaw/operating-llcs/amendaoo/).” - **Amendment to the Operating Agreement**. Because the Operating Agreement is the primary document that evidences the ownership of the company and rights and obligations of the members, all members, including the all new members, should sign an Amendment to the Operating Agreement. The Amendment to the Operating Agreement should contain any changes resulting from the sale/assignment such as removing the names of terminated members, adding the names of new members, adding the addresses for notices of any new members, stating the revised percentage ownership of all members, changes in managers, if any, and any other changes resulting from the sale/assignment. - **Resolution of Members**. All the members should sign a Resolution that evidences their approval to the change in membership interest and addition of a new member, if applicable. If all the members will not approve a transfer of a membership interest, and the LLC has an Operating Agreement that allows less than all of the members to approve a transfer, the members should have a formally noticed and called meeting to vote on the proposed transfer. ## **Our Fee to Prepare Member Change Documents** Arizona limited liability lawyer Richard Keyt charges $395 to prepare the documents listed above other than an Operating Agreement which is an additional $247 if you also purchase the change of member package for $395. If a change of members involves more than one recipient member and one transferring member (married couples owning their interests as community property are considered one member), we charge $195 for each additional Assignment of Membership Interest Agreement after the first one. The above documents and prices are based on one member (or a husband and wife who are members) transferring all or a portion of the member’s interest for no consideration or for nominal consideration to: (i) one other member, (ii) one new member, or (iii) to the company. If your transaction involves more than nominal consideration, then in addition to the above documents, you should consider evidencing the transaction with a Membership Interest Purchase Agreement\* (the agreement that contains the terms and conditions of the sale such as the purchase price), a Promissory Note (if the entire purchase price will not be paid at closing), a Security Agreement (and UCC-1 Financing Statement) and/or Deed of Trust (if the Promissory Note will be secured by a lien on the purchaser’s personal property and/or real property, respectively), and Noncompetition Agreement signed by the seller that prevents the seller from competing with the company’s business. If your transaction involves more than nominal consideration, contact Richard Keyt at 480-664-7478 or Richard C. Keyt at 480-664-7472 for the cost to prepare these additional documents. \***Membership Interest Purchase Agreement**: A buyer and seller (in a transaction that involves a purchase and sale) or an assignor and assignee (in a transaction that does not involve a sale) should sign a Membership Interest Purchase Agreement that states the percentage interest being sold or transferred, how much money, if any, will be paid for the interest, the effective date, and any other terms and conditions applicable to the purchase. This document creates a legally binding contract between the parties to sell or transfer the membership interest. It is especially important when the transfer involves a substantial amount of money. ## **Call or Book a Free Meeting If You Have Questions** If you have questions about documenting member changes of an Arizona LLC: - Book a free office, phone or Zoom video meeting with on of the Keyts using their [online calendar](https://www.keytlaw.com/calendar), or - Call Arizona LLC lawyer Richard Keyt (480-664-7478) or his son Richard C. Keyt (480-664-7472). We do not charge to answer questions about LLCs. ## **How to Hire Us to Document Your LLC’s Member Changes** Let us prepare all of the documents to evidence adding or deleting an LLC member or increasing or decreasing members’ percentage interests. To hire us to prepare change of member documents for an Arizona LLC complete and submit our [Member Change Questionnaire](https://azllc.com/changeq/). ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Funding a Trust with Gold, Silver & Precious Metals](https://www.keytlaw.com/transfer-gold-silver-to-trust/) **Published:** May 24, 2026 **Author:** Richard Keyt **Content:** # Funding a Trust with Gold, Silver & Precious Metals [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## How to Protect Your Gold, Silver & Precious Metals So They Go to the Right People Gold and silver have outlasted empires. For thousands of years, people have trusted precious metals to hold their value when paper currencies failed, markets crashed, and governments came and went. If you own gold coins, silver bullion, numismatic coins, platinum bars, or similar physical assets, you already understand why those assets matter. But here is a problem most precious metals owners never think about until it is too late: **physical precious metals are among the most estate-planning-vulnerable assets you can own.** Unlike your house — which has a deed — or your bank account — which has your name on it — a gold coin has no name on it. A silver bar does not know who owns it. Whoever has physical possession of your metals effectively has the metals. And if you die without a proper estate plan, there is a real chance your precious metals will: - never be found by your family, - be found but stuck in Arizona’s expensive and slow probate process, - go to the wrong person — or no specific person at all under Arizona’s default inheritance laws, or - be inherited by the right person but immediately exposed to that person’s creditors, lawsuits, or a divorcing spouse. I am Richard Keyt. I have been an Arizona estate planning attorney since 1979, and I have helped more than 1,000 Arizona families create estate plans that protect everything they have worked for — including their gold, silver, and other physical assets. In this article I am going to walk you through exactly how precious metals create unique estate planning challenges, and what you can do right now to make sure those assets go to exactly the people you choose. ## **What Types of Physical Assets Are We Talking About?** When I use the term “precious metals and similar physical assets,” I mean any tangible, high-value item that has no traditional paper title or registration document. That includes: - **Gold bullion** — bars, ingots, rounds - **Gold coins** — American Gold Eagles, Canadian Maple Leafs, Krugerrands, South African Krugerrands, pre-1933 U.S. gold coins - **Silver bullion** — bars, rounds, 90% “junk silver” bags (pre-1965 U.S. dimes, quarters, half dollars) - **Silver coins** — American Silver Eagles, Morgan dollars, Peace dollars, other collectible silver coinage - **Platinum and palladium** — bars and coins - **Numismatic coins** — rare, collectible, or graded coins with values exceeding their melt value - **Precious gemstones** — loose diamonds, rubies, emeralds, and other investment-grade gems - **High-value jewelry** — estate jewelry, antique jewelry, or items with significant intrinsic metal or gem value All of these assets share the same critical characteristic for estate planning purposes: **there is no central registry, no deed, and no title document.** Ownership is determined by possession and documentation — which means estate planning matters even more for these assets than it does for your house or your retirement account. ## **What Happens to Your Precious Metals If You Die Without a Plan?** ### **Problem #1: Your Family May Not Know the Assets Exist** Many precious metals owners keep their holdings private. That is a smart security practice while you are alive. But it creates a serious problem when you die. If your family does not know your gold and silver exist, or does not know where to find it, those assets disappear. They sit in a forgotten safe, a buried container, a bank safe deposit box nobody has the key to, or a storage unit whose rental fees eventually go unpaid. The assets are real. They have real value. But from your family’s perspective, they simply do not exist. ### **Problem #2: A Will Alone Does NOT Avoid Probate** Many people assume that having a will solves the inheritance problem. It does not — at least not cleanly. A will is a set of instructions to a court. For a will to take effect, your estate must go through Arizona’s probate process, which is supervised by the Maricopa County Superior Court (or the county court where you lived). Arizona probate has some real drawbacks: - **It is public.** Everything in a probate proceeding — the inventory of your assets, the values, who inherits what — becomes a public court record. Anyone can look it up. If your gold and silver holdings are listed in a probate inventory, that information is accessible to strangers. - **It takes time.** Even a straightforward Arizona probate typically takes six months to a year or more to complete. Your family cannot access the assets until the court process closes. - **It costs money.** Attorney fees, court filing fees, personal representative fees, appraisal costs — they all eat into the estate your loved ones receive. We charge $5,000 for a simple unconstested probate. - **It requires supervision.** The personal representative has to account to the court for every asset, including your precious metals. That means appraisals, documentation, and sometimes court approval for decisions. The right tool to avoid probate entirely — including for your precious metals — is a **revocable living trust**. ### **Problem #3: Joint Tenancy Does Not Work Well for Physical Assets** Some people try to solve the inheritance problem by adding a spouse or adult child as a “joint tenant” on their assets. Joint tenancy works reasonably well for real estate (though even that has complications). It does not work at all for physical precious metals. You cannot put your name and your son’s name “on” a gold coin the way you can put two names on a deed. Joint tenancy is simply not a valid ownership form for physical personal property like bullion and coins. ### **Problem #4: Arizona’s Default Inheritance Laws May Surprise You** If you die without a will or a trust — what Arizona law calls dying “intestate” — the state decides who inherits your assets. Arizona’s intestate succession law has a specific formula based on your family relationships. Your gold and silver will be divided according to that formula, whether you would have wanted it that way or not. If you are not married and have no children, your assets may pass to relatives you barely know. If you have children from a prior marriage, the outcome can be complicated and unexpected. ## **The Right Solution: A Revocable Living Trust** A **revocable living trust** is the cornerstone of a sound Arizona estate plan — and it is especially well-suited to protecting physical precious metals. Here is how it works. You create a trust agreement that names you as the initial trustee (so you remain in complete control of your assets during your lifetime) and names a successor trustee who takes over if you become incapacitated or when you die. The trust also names your beneficiaries — the people who inherit your assets when you are gone. Once the trust is created, you transfer ownership of your assets into the trust. For real estate, that means signing a new deed. For bank accounts, it means re-titling the accounts. For precious metals and other physical personal property with no title document, it means executing a **written assignment of personal property** — a document that clearly identifies your metals and assigns ownership to the trust. The result is powerful: when you die, your assets — including your gold and silver — are already owned by the trust. There is nothing for a probate court to supervise. Your successor trustee distributes the assets directly to your beneficiaries according to the trust’s instructions, privately, efficiently, and without court involvement. ### **Why a Revocable Living Trust Is Better Than a Will for Precious Metals** - **No probate.** Your precious metals pass to your beneficiaries without court involvement, delay, or public exposure of your holdings. - **Privacy.** Unlike a probate inventory, the contents of a trust are private. Nobody outside your family and advisors needs to know what you owned or who received it. - **Speed.** Your successor trustee can act immediately after your death. No waiting months for a court to close an estate. - **Incapacity protection.** If you become unable to manage your affairs due to illness or injury, your successor trustee can step in and manage your assets — including your metals — without a court-ordered guardianship or conservatorship. - **Flexibility.** You can change the trust, change your beneficiaries, add or remove assets, and revoke the trust entirely at any time while you are alive and competent. You are in complete control. - **Specific instructions.** Your trust can give your trustee very specific guidance about your precious metals — how to store them, how to value them, who gets which specific items, and in what timeframe. ## **The Critical Step Most Precious Metals Owners Skip: Documentation** Creating a trust is necessary. But for precious metals, documentation is just as important. Your successor trustee — the person who takes over when you die — needs to know what you have, where it is, and how to access it. Without that information, even a perfectly drafted trust cannot help much. I strongly recommend that every precious metals owner create and maintain a detailed **precious metals inventory** and a **letter of instruction** to go along with the trust. ### **Your Precious Metals Inventory Should Include:** - **Description of each item:** type of metal, form (coin, bar, round), weight, denomination if applicable, mint or manufacturer, year - **Quantity** of each type - **Approximate value** at the time you last updated the inventory (note the date) - **Where each item is stored** (home safe, bank safe deposit box, private vault, with a dealer, etc.) - **Access information:** safe combination, location of keys, name and contact information for the institution where stored - **Purchase documentation** if available (receipts, certificates of authenticity, PCGS/NGC grading certificates for numismatic coins) ### **Your Letter of Instruction Should Tell Your Successor Trustee:** - That precious metals are part of the estate and where to find the inventory - How to access the safe, safe deposit box, or storage location - The name of any dealer or appraiser you trust to value the collection - Whether any specific items hold particular sentimental value and should go to specific people - Whether you want the metals liquidated and the cash distributed, or distributed in-kind to the beneficiaries - Any handling instructions for rare or graded numismatic coins (do not clean them — cleaning destroys value) Keep your inventory and letter of instruction in a secure but accessible location — ideally in your trust binder, with copies held by your successor trustee. Update the inventory every time you add or sell metals. **Important security note:** Do not store your precious metals inventory in the same location as your metals. If someone finds the metals, they do not need to also find a roadmap to your collection. Store the inventory and trust documents separately. ## **Storage Considerations and How They Interact with Estate Planning** Where you store your precious metals has real implications for your estate plan. Here is what you need to know about the most common options: ### **Home Safe** A quality home safe bolted to the floor or wall is a legitimate storage option for many people. From an estate planning standpoint, the main issues are: (1) your successor trustee needs to know the combination or where the key is stored, and (2) your homeowner’s insurance may limit coverage for precious metals kept at home — check your policy and consider a rider for high-value collections. The assignment of personal property transfers ownership of metals kept in a home safe to your trust just as effectively as any other location. ### **Bank Safe Deposit Box** Safe deposit boxes offer institutional security, but they create a significant estate planning complication: when you die, the bank typically restricts access to the box until the proper legal authority has been established. If your estate goes through probate, this means the executor must be appointed by the court before accessing the box. If you have a trust, your successor trustee needs to be listed on the box or have a formal process to gain access. I recommend that you either title the safe deposit box in the name of your trust, or at minimum ensure your successor trustee is authorized to access the box. ### **Private Vault or Depository** Third-party vaults and precious metals depositories (such as Brinks, Delaware Depository, or similar facilities) typically issue a storage agreement and account documentation. These facilities often allow you to title the account in the name of your trust. If you store metals this way, make sure the account is properly titled in your trust’s name and that your successor trustee has account access credentials. ### **Precious Metals IRA** Some people hold physical gold and silver through a self-directed Individual Retirement Account (IRA). These are a different estate planning situation entirely — the metals are held by a custodian under IRS rules, and the IRA itself (not your trust) is the legal owner. The inheritance of an IRA is governed by beneficiary designations, not your trust. Make sure your IRA beneficiary designations are current and consistent with your overall estate plan. Ricky’s background as a CPA makes him particularly well-suited to help you think through the tax dimensions of precious metals IRAs. ## **Taking It One Step Further: Protecting What Your Children Inherit** A revocable living trust ensures your precious metals pass to the people you choose, quickly and without probate. But what happens to those metals after your children or other beneficiaries receive them? If your son inherits $200,000 worth of gold and silver and then faces a lawsuit, a bankruptcy, or a divorce, those assets are potentially exposed to his creditors or his soon-to-be-ex-spouse. He received the inheritance outright — it is now his, and his problems can reach it. There is a solution: a **Beneficiary-Controlled Asset-Protected Trust**, or **BCAPT**. A BCAPT is a special irrevocable trust — built as an optional add-on to your estate plan — that holds the assets your beneficiary inherits in a protected structure. The beneficiary can be the trustee of his or her own BCAPT, meaning they have meaningful control over the assets. But because the assets are held in trust rather than owned outright, creditors generally cannot reach them. For parents who own significant quantities of gold and silver — particularly numismatic collections with substantial value — a BCAPT for each child beneficiary can provide an important additional layer of protection. The metals pass from your revocable trust into the child’s BCAPT, where they are shielded from the kinds of financial events that none of us can fully predict. If your child ever does face a judgment creditor, a bankruptcy trustee, or a divorce attorney trying to claim those inherited metals, the BCAPT gives your child a real defense that outright inheritance simply does not provide. We prepare Beneficiary Controlled Asset Protected trusts that protect your loved ones from their creditors, ex-spouses and bankruptcy. See our article called [How to Protect Your Heirs’](https://www.keytlaw.com/arizona-asset-protection-trust/) [Inheritance from Creditors](_wp_link_placeholder). ## **Common Estate Planning Mistakes Precious Metals Owners Make** ### **Mistake #1: Assuming the Will Handles It** A will says who gets your gold and silver. It does not keep them out of probate. For assets that have no title document, keeping the estate out of probate — which is what a trust accomplishes — is even more important than for titled assets. ### **Mistake #2: Telling Nobody Where the Metals Are** Secrecy is a virtue while you are alive. It becomes a serious problem when you die. Your successor trustee cannot do their job if they do not know the assets exist or where to find them. Document it. Tell your successor trustee — in your letter of instruction, in a sealed envelope, somewhere — what you have and where it is. ### **Mistake #3: Never Updating the Inventory** If you actively buy and sell precious metals, your inventory changes. A trust assignment that covered your collection three years ago may not accurately reflect what you own today. Keep your inventory current and update your assignment of personal property when you make significant additions. ### **Mistake #4: Forgetting About the Safe Deposit Box Complication** If you use a bank safe deposit box, make sure your successor trustee has a clear legal path to access it. The simplest solution is to title the box in the name of your trust. ### **Mistake #5: Treating All Precious Metals the Same** A bag of 90% silver quarters is different from a PCGS MS-65 graded 1881-S Morgan dollar. Numismatic coins may need professional appraisal before distribution. Some pieces may have sentimental as well as monetary value. Your trust and letter of instruction should account for these distinctions. ### **Mistake #6: Creating a Trust but Never Funding It** An unfunded trust is a trust with nothing in it — and it does nothing. For your trust to protect your precious metals, the metals must actually be transferred into the trust through a properly executed assignment of personal property. Creating the trust document is step one. Funding the trust is the equally important step two. ## **A Few Arizona-Specific Points** Arizona is a community property state. If you are married, the gold and silver you acquired during your marriage is generally community property — meaning you and your spouse each own an undivided one-half interest. This has implications for how you transfer metals into your trust and how they pass at death. A properly drafted community property trust can keep the favorable step-up in tax basis for community property assets, which can matter significantly if you have appreciated precious metals. Arizona also has its own set of probate rules under the Arizona Probate Code. Informal probate is available for many estates, but it still takes time, still creates a public record, and still involves attorney and court fees. The best way to deal with Arizona probate is to avoid it entirely through a properly funded revocable living trust. ## **Bottom Line: Your Gold and Silver Deserve a Real Plan** You acquired your precious metals because you understood that real, tangible value needs to be preserved and protected. The same thinking applies to your estate plan. A few hundred dollars of gold bullion can survive for a thousand years. Without a proper plan, it can disappear from your family in a matter of months — absorbed by probate costs, lost because nobody knew where to look, or ending up in the hands of someone you never intended. The solution is not complicated, but it does need to be done correctly: 1. **Create a revocable living trust** that names the right beneficiaries and gives your successor trustee clear authority and instructions. 2. **Fund the trust properly** by executing an assignment of personal property that covers your precious metals. 3. **Document your holdings** — a detailed inventory with storage locations and access information. 4. **Consider a BCAPT** if you want to protect what your children or other beneficiaries receive from their future creditors or a divorce. 5. **Update your plan** when your life or your holdings change significantly. My son Ricky and I have been helping Arizona families protect what matters most since 1979. We offer flat-fee estate plans so you know exactly what you will pay before we begin. Our estate plans are designed to keep your family out of probate court and to make sure your assets — all of them, including your gold and silver — go to exactly the people you choose. If you are ready to put a real plan in place, **[schedule a free office, phone or Zoom video meeting at keytlaw.com/calendar](https://www.keytlaw.com/calendar)**. No pressure. No obligation. Just straight answers about what you need and how we can help. ## **Frequently Asked Questions About Precious Metals and Estate Planning** ### **Can I leave my gold and silver to my family in my will?** Yes, but a will alone forces your family through Arizona’s probate process — a court-supervised proceeding that is slow, expensive, and public. A revocable living trust lets your gold and silver pass directly to your chosen beneficiaries without probate. ### **How do I put gold and silver into a revocable living trust?** Unlike real estate or bank accounts, physical precious metals have no title document. You transfer them to your trust by executing a written assignment of personal property — a document that clearly identifies your assets and names the trust as the owner. You should store a copy of the assignment with your trust binder and note the location of the metals in your letter of instruction. ### **What happens to my gold and silver if I die without a will or trust in Arizona?** Your assets pass under Arizona’s intestate succession laws — meaning the state decides who inherits, in what proportions, and on what timeline. The process goes through probate court and your wishes play no role. If no family can be located, the assets could eventually escheat (pass) to the state. The State of Arizona has a law that specifies who inherits the assets of an Arizona resident who dies without a will or a trust. **This law may cause your assets to be inherited by the wrong person or people if you don’t have a will or a trust**. To learn who will inherit your assets if you die without a will or a trust see my article called “[Who Inherits Your Property If You Die without a Will or a Trust](https://www.arizona-wills.com/intestate-succession/)” and take my short online quiz called “[Who Inherits Your Property](https://www.arizona-wills.com/inherits/).” If the wrong person or people would inherit your assets, you need to hire us to prepare a will or a trust that leaves your assets to the person or people you want to inherit the assets, not to the people Arizona gives your property to. ### **Can I protect the gold and silver my children inherit from their creditors or a divorce?** Yes. A Beneficiary-Controlled Asset-Protected Trust (BCAPT) — a special irrevocable trust built into your estate plan — can hold your child’s inherited precious metals in a structure that protects those assets from creditors, lawsuits, and a divorcing spouse, while still allowing your child to use and benefit from the assets. ### **Do I need to list every single coin in my assignment of personal property?** Not necessarily. A well-drafted assignment of personal property can use broad language that covers all precious metals you own without requiring an item-by-item list in the legal document itself. However, you should maintain a detailed inventory separately — both for your trustee’s benefit and to ensure accurate valuation of the estate. ### **What if my gold or silver is in a precious metals IRA?** Precious metals held in an IRA are owned by the IRA, not by you directly. They pass by beneficiary designation, not through your trust. Make sure your IRA beneficiary designations are current and aligned with your overall estate plan. If you also own physical metals outside the IRA, those are handled separately through your trust’s assignment of personal property. ## **How much does a KEYTLaw Estate Plan Cost?** We charge a flat fee for estate plans, so you know exactly what you will pay before we begin. The fee depends on whether the plan is for one person or a married couple, and whether you add optional protections like BCAPTs. Schedule a [free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar) and we will give you a specific quote based on your situation. ## **About the Authors** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick) is an Arizona estate planning and LLC attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at and the fee and the [36 documents & services](https://www.keytlaw.com/ep-contents) in their estate plan. ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Firearms & Estate Planning FAQs in Arizona | KEYTLaw](https://www.keytlaw.com/firearms-faq/) **Published:** May 25, 2026 **Author:** Richard Keyt **Content:** # Firearms & Estate Plans FAQs By [**Richard Keyt**](https://www.keytlaw.com/richard-keyt/) and[ **Richard C. Keyt**](https://www.keytlaw.com/richard-c-keyt/), Arizona Estate Planning Attorneys The Keyts have 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![firearms-faq](https://www.keytlaw.com/wp-content/uploads/2026/05/guns-faq-1024x559.png "guns-faq - KEYTLaw") [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Gun Owners' Frequently Asked Questions about Estate Planning ## **Can I leave my guns to my family in my will?** Yes, for ordinary (non-NFA) firearms you can name specific beneficiaries in your will. However, your estate must go through Arizona probate court if the value of all of your personal property in the probate exceeds $200,000 first — which is public, time-consuming, and expensive. A revocable living trust is a far better vehicle because it transfers firearms to your loved ones immediately after your death without probate, without court involvement, and without making your firearm inventory a public record. ## **What is an NFA firearm and why does it require special estate planning?** NFA firearms are federally regulated items including machine guns, suppressors (silencers), short-barreled rifles, short-barreled shotguns, destructive devices, and any other weapons (AOW). They are registered in the National Firearms Registration and Transfer Record. Transferring an NFA item — even to a family member — without ATF approval is a federal felony punishable by up to 10 years in prison and a $250,000 fine. ## **Does a beneficiary have to pay the $200 NFA tax stamp to inherit a suppressor or machine gun?** No. When an NFA item is inherited, the transfer is tax-exempt. The executor or trustee must file ATF Form 5 (Application for Tax Exempt Transfer and Registration) and receive ATF approval before physically transferring the item to the beneficiary. The $200 transfer tax does not apply to bona fide inheritances. ## **What happens if a beneficiary is a prohibited person?** Federal law prohibits transferring any firearm to a person who is a convicted felon, subject to a domestic violence restraining order, an unlawful drug user, adjudicated mentally defective, or otherwise prohibited under 18 U.S.C. § 922(g). If your intended beneficiary is a prohibited person, the firearm cannot be transferred to them. Your estate plan must account for this with an alternate beneficiary. ## **Who Is a Prohibited Person?** Federal law outlines nine distinct categories of individuals (prohibited persons) who lose their firearm privileges: - **Convicted Felons:** Anyone convicted in any court of a crime punishable by imprisonment for a term exceeding one year. (This generally covers felonies, but it can also apply to state-level misdemeanors that carry long maximum sentences). - **Fugitives from Justice:** Anyone who has fled from any state to avoid prosecution for a crime or to avoid giving testimony in a criminal proceeding. - **Unlawful Drug Users or Addicts:** Anyone who is an unlawful user of, or addicted to, any controlled substance. *Note: Because marijuana remains federally illegal, the federal government considers medical or recreational marijuana users to be prohibited persons, regardless of state laws.* - **Certain Mental Health Adjudications:** Anyone who has been formally adjudicated as a “mental defective” (found by a court or board to lack mental capacity or to be a danger to themselves or others) or who has been involuntarily committed to a mental institution. - **Illegal or Nonimmigrant Aliens:** Anyone who is illegally or unlawfully in the United States, as well as most individuals admitted under a nonimmigrant visa (subject to specific exceptions, such as holding a valid hunting license). - **Dishonorably Discharged Veterans:** Anyone who has been discharged from the U.S. Armed Forces under dishonorable conditions. - **Former Citizens:** Anyone who has formally renounced their United States citizenship. - **Subjects of Domestic Violence Restraining Orders:** Anyone subject to an active court order restraining them from harassing, stalking, or threatening an intimate partner or their child. The order must have been issued after a hearing where the person had notice and an opportunity to participate. - **Misdemeanor Domestic Violence Convictions:** Anyone convicted of a misdemeanor crime of domestic violence involving the use or threatened use of physical force.Individuals Under Indictment (18 U.S.C. § 922(n)) It is also a severe federal offense for any person to knowingly sell, trade, or give a firearm or ammunition to someone they know—or have reasonable cause to believe—fits into any of the prohibited categories above. ## **Can I transfer my firearms to a family member in another state?** For long guns (rifles and shotguns), an estate can generally transfer to a beneficiary in another state if the transfer complies with both states’ laws. For handguns, federal law prohibits direct transfer across state lines to a non-licensed individual. The transfer must go through a federally licensed firearms dealer (FFL) in the beneficiary’s state. ## **Can I store my guns in my living trust during my lifetime and still use them?** Yes, but you must have a detailed inventory of all your firearms that you give to your successor trustee. Always update this list when acquire or dispose of firearms. When you create a revocable living trust, you are the trustee. You control the trust and everything in it. Your firearms are titled to the trust, but you continue to possess and use them exactly as you do today. Nothing changes in your daily life. The trust structure only becomes operationally significant when you die or become incapacitated. ## **What happens to my NFA items if I die without a plan?** If you die without a will or trust, your estate passes under Arizona’s intestate succession laws. Your administrator will still have to file ATF Form 5 for each NFA item before distributing it to the heir. If the heir is a prohibited person, lives in a state that bans the NFA item, or is a minor, your family will face complications with no roadmap to follow. This is exactly the situation a well-drafted estate plan prevents. *DISCLAIMER: This article is provided for general informational purposes only and does not constitute legal advice for any individual case or situation. Reading this article does not create an attorney-client relationship. Estate planning laws change. Please consult a qualified Arizona attorney for advice specific to your circumstances.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Leaving Guns to Loved Ones in Arizona: Legal Guide](https://www.keytlaw.com/arizona-gun-estate-planning/) **Published:** May 25, 2026 **Author:** Richard Keyt **Content:** # How to Legally Leave Firearms to Your Loved Ones [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Arizona Gun Owner Estate Planning: How to Transfer Firearms to Loved Ones When You Die If you own firearms — whether a single hunting rifle or a safe full of handguns, suppressors, and collectibles — your estate plan needs to address them specifically. Guns are not like a bank account or a piece of jewelry. They are subject to a web of federal and Arizona laws that can turn a well-meaning gift into a federal felony if the transfer is handled incorrectly. I have been an Arizona estate planning attorney since 1979 and have completed more than 1,000 estate plans. In this article I will explain exactly what Arizona gun owners need to know about transferring firearms to family members and loved ones at death, what can go wrong without proper planning, and how the right estate plan protects both you and the people you love. ## **Table of Contents** 1\. The Two Categories of Firearms: Ordinary vs. NFA-Regulated 2\. Federal Law Governs All Firearm Transfers at Death 3\. Arizona Law and Firearms Inheritance 4\. The Prohibited Person Problem 5\. Transferring Firearms to Beneficiaries in Other States 6\. Why a Will Alone Is a Poor Vehicle for Firearm Transfers 7\. How a Revocable Living Trust Handles Ordinary Firearms 8\. NFA Gun Trusts: What They Are and When You Need One 9\. What Your Executor or Successor Trustee Must Do with Your Guns 10\. Practical Steps for Arizona Gun Owners Right Now 11\. The Bottom Line ## **1. The Two Categories of Firearms: Ordinary vs. NFA-Regulated** Before anything else, you must understand that not all firearms are treated equally under federal law. There are two distinct categories, and each requires a different approach in your estate plan. ### **Ordinary Firearms (Title I)** These are the firearms most people own — standard handguns, revolvers, semi-automatic rifles, shotguns, and conventional long guns. They are regulated by the **Gun Control Act of 1968 (GCA)**, codified at 18 U.S.C. § 922 and following. While there are still important rules to follow, ordinary firearms can be transferred to eligible family members at death through a properly structured will or trust without ATF pre-approval. ### **NFA-Regulated Firearms (Title II)** These are the heavily regulated items governed by the **National Firearms Act (NFA)**, codified at 26 U.S.C. § 5801 and following. NFA items include: - **Machine guns** (any firearm that fires more than one round per trigger pull) - **Suppressors** (also called silencers) - **Short-barreled rifles (SBR)** — rifles with a barrel shorter than 16 inches or overall length under 26 inches - **Short-barreled shotguns (SBS)** — shotguns with a barrel shorter than 18 inches or overall length under 26 inches - **Destructive devices** (grenades, rocket launchers, certain large-bore weapons) - **Any Other Weapons (AOW)** — a catch-all category including certain pistols, disguised firearms, and pen guns Every NFA item is registered in the **National Firearms Registration and Transfer Record (NFRTR)**, maintained by the ATF. If you own any of these items, the ATF knows you own them and tracks every transfer. Transferring an NFA item without ATF approval — even to your own adult child — is a federal felony. **If you own any NFA items, pay very close attention to everything that follows.** ## **2. Federal Law Governs All Firearm Transfers at Death** Here is the most important thing I can tell you: **firearm transfers at death are still subject to federal law.** Dying does not suspend the Gun Control Act or the National Firearms Act. Your executor, trustee, or heirs cannot simply hand out your guns the way they might distribute your furniture. ### **Ordinary Firearms — The GCA Rules at Death** Under the Gun Control Act, your personal representative (executor or successor trustee) may possess your firearms during the estate administration period for the limited purpose of safeguarding, inventorying, and distributing them. Federal regulations at 27 C.F.R. § 478.30 allow an executor or administrator to acquire and possess firearms from a decedent’s estate without being a licensed dealer. However, the transfer to the ultimate beneficiary must still comply with all applicable laws: - The beneficiary must not be a [prohibited person](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#prohibited-persons). - Handguns transferred to a beneficiary in another state must go through a licensed dealer (FFL) in that state. - The beneficiary must be old enough to legally possess the firearm under state law. Federal law outlines nine distinct categories of individuals (prohibited persons) who lose their firearm privileges: - **Convicted Felons:** Anyone convicted in any court of a crime punishable by imprisonment for a term exceeding one year. (This generally covers felonies, but it can also apply to state-level misdemeanors that carry long maximum sentences). - **Fugitives from Justice:** Anyone who has fled from any state to avoid prosecution for a crime or to avoid giving testimony in a criminal proceeding. - **Unlawful Drug Users or Addicts:** Anyone who is an unlawful user of, or addicted to, any controlled substance. *Note: Because marijuana remains federally illegal, the federal government considers medical or recreational marijuana users to be prohibited persons, regardless of state laws.* - **Certain Mental Health Adjudications:** Anyone who has been formally adjudicated as a “mental defective” (found by a court or board to lack mental capacity or to be a danger to themselves or others) or who has been involuntarily committed to a mental institution. - **Illegal or Nonimmigrant Aliens:** Anyone who is illegally or unlawfully in the United States, as well as most individuals admitted under a nonimmigrant visa (subject to specific exceptions, such as holding a valid hunting license). - **Dishonorably Discharged Veterans:** Anyone who has been discharged from the U.S. Armed Forces under dishonorable conditions. - **Former Citizens:** Anyone who has formally renounced their United States citizenship. - **Subjects of Domestic Violence Restraining Orders:** Anyone subject to an active court order restraining them from harassing, stalking, or threatening an intimate partner or their child. The order must have been issued after a hearing where the person had notice and an opportunity to participate. - **Misdemeanor Domestic Violence Convictions:** Anyone convicted of a misdemeanor crime of domestic violence involving the use or threatened use of physical force.Individuals Under Indictment (18 U.S.C. § 922(n)) It is also a severe federal offense for any person to knowingly sell, trade, or give a firearm or ammunition to someone they know—or have reasonable cause to believe—fits into any of the prohibited categories above. No ATF form, background check, or waiting period is required for the inheritance transfer itself when the beneficiary is in Arizona and not prohibited — but the executor must be diligent about confirming eligibility before handing over any firearm. ### **NFA Firearms — The Much Stricter ATF Rules** NFA items require buundglhkjlrbbiufljjrfkhj ATF approval before any transfer — including a transfer to a beneficiary at death. The process depends on how the NFA item was owned: #### **NFA Items Owned Individually** If you own an NFA item in your own name (as an individual), your executor must file **ATF Form 5 (Application for Tax Exempt Transfer and Registration of Firearm)** with the ATF before transferring the item to any beneficiary. Here is how it works: 1. The executor identifies all NFA items in the estate. 2. The executor files ATF Form 5 for each NFA item, identifying the intended beneficiary. The form includes a copy of the death certificate and other supporting documents. 3. The ATF reviews and approves (or denies) the transfer. Processing times vary but can take several months. 4. **Only after ATF approval** may the executor physically transfer the NFA item to the beneficiary. 5. The $200 transfer tax is **waived** for bona fide inheritance transfers — the Form 5 is specifically the tax-exempt transfer form. **The key rule:** The NFA item must remain in the executor’s possession — or in secure storage — until the ATF approves the Form 5. The beneficiary cannot take possession before that approval. Period. #### **NFA Items Owned by a Trust or Entity** If the NFA item is already owned by an NFA gun trust (discussed in detail in [Section 8](https://www.claudeusercontent.com/?domain=claude.ai&parentOrigin=https%3A%2F%2Fclaude.ai&errorReportingMode=parent&formattedSpreadsheets=true#nfa-trust)), the process is different and generally more streamlined because the trust itself is the registered owner, not the individual. The successor trustee administers the trust and distributes the item according to the trust’s terms — still subject to ATF requirements, but without waiting for a Form 5 if the item is being distributed to a trust beneficiary under the trust agreement. ### **The Criminal Penalty for Getting This Wrong** Unlawful transfer of an NFA item is a federal felony under 26 U.S.C. § 5861. The penalty is up to **10 years in federal prison** and a fine of up to **$250,000**. The NFA item is also subject to forfeiture. This is not the kind of mistake anyone recovers from easily. Your family needs to know these rules exist and follow them precisely. ## **3. Arizona Law and Firearms Inheritance** Arizona is one of the most firearm-friendly states in the country. There is no state firearm registration, no license required to purchase firearms, and no state-level waiting period. Arizona law does not add significant obstacles to firearm inheritance beyond federal law requirements, with a few important notes: - **Community property:** Arizona is a community property state. Firearms purchased during a marriage with community funds are community property. This means your spouse has an ownership interest in those firearms. Your estate plan must address how community property firearms pass at death. - **Age:** Under Arizona law (A.R.S. § 13-3109), it is unlawful to sell or give a firearm to a person under 18. Your estate plan should not direct firearms to minor beneficiaries without a trustee holding the firearm until the minor reaches adulthood. - **Arizona does not require a background check for inheritance transfers.** Unlike an FFL transfer at a gun store, an inheritance transfer between qualifying individuals in Arizona does not require a NICS background check. However, you must still verify the beneficiary is not a federally prohibited person. ## **4. The Prohibited Person Problem** Federal law at 18 U.S.C. § 922(g) prohibits any person in the following categories from receiving, possessing, or transporting firearms: - Convicted felons - Persons convicted of domestic violence misdemeanors - Persons subject to certain domestic violence restraining orders - Fugitives from justice - Unlawful users of or persons addicted to controlled substances - Persons adjudicated as mentally defective or committed to a mental institution - Illegal aliens - Persons who have renounced U.S. citizenship - Persons with dishonorable discharge from the Armed Forces This matters for your estate plan. If you intend to leave firearms to a family member who falls into any of these categories, **that transfer is a federal crime** — for both the transferor’s estate and the recipient. Your estate plan must identify an alternate beneficiary. Your executor or trustee has a legal duty not to transfer a firearm to a prohibited person, and knowing about a beneficiary’s prohibited status before transferring a firearm could expose your estate to criminal liability. This is another reason why a revocable living trust administered by a knowledgeable successor trustee — rather than a will administered through probate — is a superior vehicle for firearm transfers. Your successor trustee can quietly and efficiently confirm eligibility and make distributions without a public court process. ## **5. Transferring Firearms to Beneficiaries in Other States** If your intended beneficiary lives in another state, the rules are more complicated — particularly for handguns. ### **Handguns** Federal law at 18 U.S.C. § 922(a)(3) and (5) prohibits the unlicensed transfer of a handgun across state lines. Even an inheritance transfer of a handgun to a family member in another state must go through a **federally licensed firearms dealer (FFL)** in the beneficiary’s state. The process: 1. The executor ships the handgun to an FFL dealer in the beneficiary’s state (using a licensed shipper). 2. The FFL performs the transfer in accordance with that state’s laws. 3. The beneficiary takes possession from the FFL. Note that some states (California, New York, Illinois, and others) have very restrictive firearms laws. If your beneficiary lives in one of those states, you need to understand whether the specific firearm is even legal there. An FFL dealer in that state will know. ### **Long Guns (Rifles and Shotguns)** Transfers of long guns across state lines to a non-licensed individual are permitted if the transfer complies with the laws of both the transferor’s state and the beneficiary’s state. Arizona imposes no special restrictions. The beneficiary’s state may have its own requirements. ### **NFA Items Across State Lines** All NFA item transfers — regardless of state — require ATF Form 5 approval as described above. The state of the beneficiary does not change the federal process, but the beneficiary’s state must also allow the particular NFA item. Some states prohibit suppressors or SBRs outright. If your beneficiary lives in a state that bans the NFA item you want to leave them, the transfer cannot happen — your estate plan needs an alternate distribution ## **6. Why a Will Alone Is a Poor Vehicle for Firearm Transfers** Many gun owners assume that naming a beneficiary for their firearms in their will is sufficient. It is not — for several important reasons. ### **Probate Is Public** When you die with a will, your estate goes through Arizona probate court. The probate inventory — which lists all of your assets — becomes a public record. That means your firearms collection, including every make, model, and serial number, can appear in public court documents. This is the opposite of the privacy most gun owners prefer. ### **Probate Takes Time** Arizona probate typically takes six months to a year or longer for contested or complex estates. During that time, your firearms must be properly stored and secured. If you own NFA items, your executor must maintain ATF-compliant possession until the Form 5 is approved — which, in a probate estate, adds another layer of administrative complexity and delay on top of the court process. ### **Probate Is Expensive** Arizona probate fees — court costs, attorney fees, and executor fees — can consume 3% to 5% or more of your estate. None of that money goes to your family. ### **A Will Does Not Avoid the Federal Rules** Some people think naming a specific person for a firearm in a will is like a beneficiary designation on a life insurance policy — simple and immediate. It is not. A will-based firearm transfer still goes through probate, still requires the executor to confirm beneficiary eligibility, and for NFA items, still requires ATF Form 5 approval before physical transfer. A will does not shortcut any of the federal requirements. **Bottom line: a will is better than nothing for ordinary firearms, but it is far from the best solution.** ## **7. How a Revocable Living Trust Handles Ordinary Firearms** For the vast majority of Arizona gun owners — those who own ordinary Title I firearms — a **revocable living trust** is the right cornerstone of your estate plan and the right vehicle for firearm transfers. Here is how it works: ### **You Transfer Your Firearms into the Trust During Your Lifetime** You — as the trustee of your own revocable living trust — can hold personal property including firearms. You retitle or assign your firearms to the trust. You remain the trustee and have complete control and use of your firearms during your lifetime, just as you do today. Nothing changes in your day-to-day life. ### **At Your Death, Your Successor Trustee Takes Over** When you die, your named successor trustee steps into your role immediately — without going to probate court. The successor trustee inventories your firearms, confirms each beneficiary’s eligibility, and transfers each firearm to the appropriate beneficiary. ### **The Transfer Is Private and Efficient** Because a trust does not go through probate, your firearms — including makes, models, and serial numbers — never appear in a public court record. The transfer happens quickly, without court supervision, and at minimal cost. ### **Minor Beneficiaries Are Protected** If you want to leave firearms to a minor grandchild or young adult who is not yet mature enough to responsibly own firearms, your trust can hold the firearms in a sub-trust for that person until they reach a specified age — say, 25 or 30. The trustee manages the firearms in the interim. ### **The Trust Also Handles the Rest of Your Estate** A revocable living trust does not just handle your firearms — it handles everything: your home, financial accounts, investments, business interests, and all other property. The firearms are simply one asset class among many that flows through the trust at your death, avoiding probate across the board. I have been saying for decades: **a will alone does not avoid Arizona probate, and probate is the enemy of your family.** A revocable living trust solves that problem for every asset you own — including your guns. ## **8. NFA Gun Trusts: What They Are and When You Need One** If you own NFA items — suppressors, short-barreled rifles, machine guns, or anything else on the NFA list — you need to understand NFA gun trusts and whether one is right for you. ### **What Is an NFA Gun Trust?** An NFA gun trust is a specialized irrevocable or revocable trust specifically designed to own, possess, and transfer NFA-regulated firearms. It is drafted to comply with the ATF’s regulations governing trust ownership of NFA items, including the requirements imposed by the ATF’s **41F Rule** (effective July 13, 2016). ### **Why NFA Trusts Were Originally Popular** Before the ATF’s 41F Rule took effect in 2016, NFA trusts were primarily used to avoid the requirement that an individual NFA applicant obtain a **Chief Law Enforcement Officer (CLEO) sign-off** — a certification from the local sheriff or police chief that the applicant was not a danger to the community. Many CLEOs refused to sign, effectively blocking NFA transfers in those jurisdictions. A trust, as a legal entity, could bypass the CLEO sign-off requirement. ### **The 41F Rule Changed the Landscape** The ATF’s 41F Rule, effective July 2016, eliminated the CLEO sign-off requirement for individual NFA transfers and replaced it with mandatory fingerprints, photographs, and a background check for every **Responsible Person** of an NFA trust or entity. A Responsible Person is any individual who has the ability to possess, use, or control the trust’s NFA items — meaning all trustees. Under 41F: - Every trustee (Responsible Person) must submit fingerprints and photos with each new NFA Form 4 application. - Every Responsible Person undergoes a background check. - The CLEO must be notified (but not required to sign off). ### **Key Benefits of an NFA Gun Trust Today** Despite the 41F changes, NFA gun trusts still offer significant advantages over individual ownership: 1. **Multiple authorized users.** An NFA trust allows you to name multiple trustees who can legally possess and use the NFA items. If you own a suppressor, your spouse and adult children can be co-trustees and legally use the suppressor without you present. An NFA item owned individually can only be possessed and used by the registered owner — anyone else who handles it, even in your presence, could technically be in violation. 2. **Seamless succession at death.** The NFA items remain titled in the trust after your death. Your successor trustee distributes them according to the trust agreement without the same level of ATF delay and complexity that attaches to individually-owned NFA items going through probate. The ATF Form 5 process may still apply depending on how distributions are structured, but trust ownership streamlines the overall process considerably. 3. **Privacy.** The trust keeps NFA item transfers out of the public probate record. 4. **Future acquisitions.** Once you have an NFA trust, future NFA acquisitions can be purchased directly by the trust — keeping everything organized under one legal entity. 5. **Protection for your heirs.** The trust agreement can include instructions for what happens if a beneficiary is a prohibited person, lives in a state that bans the NFA item, or is a minor — providing a roadmap your successor trustee can follow without having to guess. ### **Should Your NFA Trust Be Part of Your Revocable Living Trust?** This is a question I get often. Some attorneys draft a single revocable living trust that holds both ordinary and NFA firearms. Others prefer to maintain a separate, standalone NFA gun trust. There are valid arguments both ways, and the right answer depends on your specific situation — the number and type of NFA items you own, who you want to be authorized users, and how your overall estate is structured. What I can tell you is this: if you own NFA items and you have no estate plan — or you have only a will — you are leaving your family in a very difficult position. They need guidance, and the law provides very little patience for mistakes.` ## **9. What Your Personal Representative or or Successor Trustee Must Do with Your Guns** Whether your firearms pass through a will or a trust, the person administering your estate has specific responsibilities regarding your guns. If you are naming someone as your executor or successor trustee, make sure they understand these duties — or make sure you have briefed your estate planning attorney so they can guide your representative when the time comes. ### **Inventory All Firearms Immediately** The first step is a complete inventory: every firearm, including make, model, caliber, and serial number. Separate NFA items from non-NFA items. Locate all tax stamps (the paper ATF approval documents that come with each NFA item). If a tax stamp cannot be found, contact the ATF. ### **Secure All Firearms** Your representative must store all firearms securely during the administration period. Firearms should be in a locked safe or otherwise secured. Improper storage could expose your estate to liability if a firearm is stolen or misused. ### **Confirm Beneficiary Eligibility Before Any Transfer** For each firearm and each beneficiary, your representative must confirm the beneficiary is not a prohibited person. This is a legal obligation. Transferring a firearm to a prohibited person — even unknowingly — is a federal crime. ### **File ATF Form 5 for NFA Items Before Physical Transfer** For individually-owned NFA items, ATF Form 5 must be filed and approved before the NFA item leaves the executor’s or trustee’s possession. There are no exceptions. This process takes time — budget several months for ATF processing. ### **Use an FFL for Out-of-State Handgun Transfers** If a handgun must be transferred to a beneficiary in another state, arrange for shipment to an FFL dealer in that state. Never ship a handgun directly to a non-licensed individual in another state. ### **Keep Records** Document every transfer: who received what firearm, when, and under what legal authority. Retain copies of ATF Forms 5 and approval letters. This protects your estate and your representative from future questions. ## **10. Practical Steps for Arizona Gun Owners Right Now** Here is what I recommend for every Arizona gun owner: 1. **Create a complete firearm inventory.** Document every firearm you own — make, model, caliber, serial number, and whether it is an NFA item. Store this document with your estate planning documents. Update it every time you buy or sell a firearm. 2. **Locate all your NFA tax stamps.** If you own NFA items, find the original ATF approval documents for each one. Store them in your safe with the corresponding NFA item. If you cannot find a tax stamp, you can request a copy from the ATF. 3. **Create or update your revocable living trust.** If you do not have a revocable living trust, get one. It is the cornerstone of any good Arizona estate plan — and for gun owners, it is particularly important. Your trust should specifically address firearm ownership and distribution, name beneficiaries for specific firearms if you wish, address minor beneficiaries, and include instructions for prohibited persons and out-of-state beneficiaries. 4. **Transfer your ordinary firearms into your trust.** Work with your attorney to formally assign your firearms to your revocable living trust. This can be done with a simple Personal Property Assignment document. 5. **Consider an NFA gun trust if you own NFA items.** Discuss with your attorney whether a separate NFA gun trust, or incorporating NFA trust provisions into your revocable living trust, is the right structure for your situation. 6. **Brief your successor trustee.** The person you name as successor trustee needs to understand that your estate includes firearms subject to specific legal requirements. They do not need to be an expert — but they need to know to call your estate planning attorney before they do anything with the guns. 7. **Review your plan when you buy or sell NFA items.** Every time your NFA inventory changes, review your estate plan to make sure it still accurately reflects what you own and how you want it distributed. ## **11. The Bottom Line** Arizona gun owners face a unique challenge in estate planning: the assets they want to leave to their families are subject to federal criminal law, not just civil property law. A mistake in transferring a firearm at death — even an innocent one — can result in federal prosecution, forfeiture of the firearm, and a permanent loss of Second Amendment rights for both the estate and the recipient. The good news is that the solution is straightforward. A properly drafted revocable living trust — the right foundation for any Arizona estate plan — handles ordinary firearms beautifully: privately, efficiently, and without probate. For gun owners with NFA items, additional trust planning provides the authorized user flexibility and succession structure that individual ownership cannot. Do not leave your family to figure this out on their own. The federal rules are not intuitive, ATF processing takes time, and the penalties for getting it wrong are severe. Plan now, while you are here to provide guidance. **If you would like to talk about your specific situation and get an Arizona estate plan that properly addresses your firearms, I invite you to schedule a free consultation with me at [keytlaw.com/calendar](https://www.keytlaw.com/calendar).** ## **Frequently Asked Questions: Arizona Gun Owners and Estate Planning** ### **Can I leave my guns to my family in my will?** Yes, for ordinary (non-NFA) firearms you can name specific beneficiaries in your will. However, your estate must go through Arizona probate court if the value of all of your personal property in the probate exceeds $200,000 first — which is public, time-consuming, and expensive. A revocable living trust is a far better vehicle because it transfers firearms to your loved ones immediately after your death without probate, without court involvement, and without making your firearm inventory a public record. ### **What is an NFA firearm and why does it require special estate planning?** NFA firearms are federally regulated items including machine guns, suppressors (silencers), short-barreled rifles, short-barreled shotguns, destructive devices, and any other weapons (AOW). They are registered in the National Firearms Registration and Transfer Record. Transferring an NFA item — even to a family member — without ATF approval is a federal felony punishable by up to 10 years in prison and a $250,000 fine. ### **Does a beneficiary have to pay the $200 NFA tax stamp to inherit a suppressor or machine gun?** No. When an NFA item is inherited, the transfer is tax-exempt. The executor or trustee must file ATF Form 5 (Application for Tax Exempt Transfer and Registration) and receive ATF approval before physically transferring the item to the beneficiary. The $200 transfer tax does not apply to bona fide inheritances. ### **What happens if a beneficiary is a prohibited person?** Federal law prohibits transferring any firearm to a person who is a convicted felon, subject to a domestic violence restraining order, an unlawful drug user, adjudicated mentally defective, or otherwise prohibited under 18 U.S.C. § 922(g). If your intended beneficiary is a prohibited person, the firearm cannot be transferred to them. Your estate plan must account for this with an alternate beneficiary. ### **Can I transfer my firearms to a family member in another state?** For long guns (rifles and shotguns), an estate can generally transfer to a beneficiary in another state if the transfer complies with both states’ laws. For handguns, federal law prohibits direct transfer across state lines to a non-licensed individual. The transfer must go through a federally licensed firearms dealer (FFL) in the beneficiary’s state. ### **Can I store my guns in my living trust during my lifetime and still use them?** Yes. When you create a revocable living trust, you are the trustee. You control the trust and everything in it. Your firearms are titled to the trust, but you continue to possess and use them exactly as you do today. Nothing changes in your daily life. The trust structure only becomes operationally significant when you die or become incapacitated. ### **What happens to my NFA items if I die without a plan?** If you die without a will or trust, your estate passes under Arizona’s intestate succession laws. Your administrator will still have to file ATF Form 5 for each NFA item before distributing it to the heir. If the heir is a prohibited person, lives in a state that bans the NFA item, or is a minor, your family will face complications with no roadmap to follow. This is exactly the situation a well-drafted estate plan prevents. ## **About the Authors** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick) is an Arizona estate planning and LLC attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at and the fee and the [36 documents & services](https://www.keytlaw.com/ep-contents) in their estate plan. ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* a a a ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Estate Planning Mistakes of the Rich & Famous](https://www.keytlaw.com/12ep/) **Published:** May 10, 2026 **Author:** Richard Keyt **Content:** # Estate Planning Mistakes of the Rich & Famous [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Don't Make These Costly Celebrity Estate Planning Mistakes If there is one thing that decades of estate planning work has taught me, it is this: Having money does not mean having a plan. Some of the wealthiest, most accomplished, most famously successful people in American history died without a proper estate plan — or with a fatally flawed one. The results were catastrophic for their families, their legacies, and the people they loved most. Their mistakes are instructive. Because if it can happen to them, it can absolutely happen to you — and the consequences for your family will be just as real, even if the dollar amounts are different. Here are some of the most striking estate planning failures in American history, and the lessons every Arizona family should take from each one. **Prince — No Will. $200 Million. Six Years of Chaos.** When music legend Prince died in April 2016 at age 57, he left behind an estate estimated at more than $200 million — and not a single page of estate planning documents. No will. No trust. Nothing. What followed was one of the most prolonged and chaotic probate proceedings in modern American history. Because Prince had no will, a Minnesota court was tasked with identifying his legal heirs. Dozens of people came forward claiming to be relatives — a half-sibling, various alleged children, distant relatives of every description. The court had to sort through all of it, one claim at a time. The probate dragged on for years. By the time the estate was finally distributed — primarily to his siblings and half-siblings — a staggering portion had been consumed by court costs, administrator fees, and the cost of managing and preserving his music catalog and real estate holdings during the legal limbo. Prince was famously private and famously protective of his music. He spent decades fighting to control his artistic legacy. And then he died without a single document that protected any of it. **The lesson:** No amount of wealth, fame, or intelligence protects your family from the consequences of dying without a plan. Prince had every resource available to him to create a complete estate plan. He simply never did it. Don’t make the same mistake. **Aretha Franklin — The Queen of Soul. Three Competing Handwritten Wills.** Aretha Franklin, the undisputed Queen of Soul, died in August 2018 with an estate estimated at approximately $80 million. Like Prince, she had no formal will or trust in place — or so her family initially believed. Then things got more complicated. After her death, multiple handwritten documents were discovered in her home — including one found stuffed inside a spiral notebook under the cushions of her living room sofa. The various handwritten documents contained different instructions, different beneficiary designations, and different wishes — and her four sons went to court over which document, if any, represented her true final wishes. The legal battle over her estate dragged on for years. Her family — people who loved her and whom she loved — spent years fighting in court over documents that were scrawled by hand and never properly executed as legal instruments. A properly drafted revocable living trust, signed before a notary, with clear successor trustee instructions, would have resolved every question before it could become a dispute. Aretha Franklin’s family would have received their inheritance promptly, privately, and without litigation. Instead they got a courtroom. **The lesson:** A handwritten note is not an estate plan. Good intentions are not an estate plan. Only properly drafted, properly executed legal documents give your family the clarity and protection they need. **James Gandolfini — A Will That Cost His Estate Nearly Half Its Value.** James Gandolfini, best known as Tony Soprano on The Sopranos, died unexpectedly of a heart attack in Rome in June 2013 at age 51. He did have a will — which puts him ahead of Prince and Aretha Franklin. But the structure of that will was reported to be so poorly designed from a tax planning perspective that an estimated 55 percent of his estate was consumed by federal and state estate taxes. His estate was valued at approximately $70 million. Reports indicated that nearly $40 million of that went to taxes — a result that proper estate planning structures could have dramatically reduced or in some cases eliminated. A will simply transfers assets. It does not minimize taxes, protect beneficiaries, or coordinate with retirement accounts, life insurance policies, and other assets in a tax-efficient way. A comprehensive estate plan designed with tax consequences in mind can preserve an enormous percentage of an estate that a poorly structured plan simply hands to the government. **The lesson:** Having a will is not the same as having a plan. The structure of your plan matters enormously — not just who gets what, but how and when they get it, and what the tax consequences are along the way. **Heath Ledger — A Will That Forgot His Daughter.** Heath Ledger, the brilliant Australian actor who won a posthumous Academy Award for his portrayal of the Joker in The Dark Knight, died in January 2008 at age 28. He had a will — but it was a will he had drafted in 2003, before his daughter Matilda was born. The will left his entire estate to his parents and sisters. His daughter Matilda — who was just two years old when he died — was not mentioned anywhere in the document, because she had not yet been born when the will was written and Ledger never updated it after her birth. Ledger’s family ultimately and voluntarily made provisions for Matilda — a generous and honorable decision on their part. But that outcome was entirely dependent on the goodwill of his relatives. There was no legal requirement for them to provide for her. A child’s financial security should never rest on the voluntary generosity of other people when it could instead be guaranteed by a properly updated estate plan. **The lesson:** Your estate plan must be updated whenever your family changes. Marriage, divorce, the birth of a child or grandchild, the death of a named beneficiary — any of these events can make your existing documents dangerously outdated. Review your plan regularly. Update it when your life changes. **Michael Jackson — He Had a Trust. He Just Never Put Anything in It.** Michael Jackson, the King of Pop, died in June 2009 at age 50. Unlike Prince and Aretha Franklin, Jackson had actually done some estate planning. He had a revocable living trust. He had a pour-over will. He had named guardians for his three minor children — Prince, Paris, and Bigi. On paper, it looked like a plan. But Jackson made one critical mistake that unraveled nearly everything he had tried to put in place. He never funded the trust. Funding a trust means actually transferring your assets into it — retitling your bank accounts, investment accounts, real estate, business interests, and other property so that the trust legally owns them. A trust that holds no assets is like a safe with nothing inside. It exists. It has a combination. But it protects nothing. Because Jackson’s assets were not transferred into the trust, nearly his entire estate had to go through probate — the slow, expensive, public court process that a revocable living trust is specifically designed to avoid. His pour-over will was meant to catch any assets left outside the trust, but pour-over wills still require probate — so that safety net did nothing to spare his family from the courts. This opened his estate to litigation, leaving it vulnerable to contests from his siblings, claims from creditors, and other legal and financial predicaments — including a dispute with the IRS over the valuation of his estate that wasn’t settled until 12 years after he died. Jackson’s trust included a charitable provision requiring that twenty percent of the estate’s value go to charity before the rest could be distributed to his heirs. But with asset values disputed and legal challenges unsettled, the executors could not calculate or fulfill that charitable gift — which meant distributions to his children and mother were frozen indefinitely. His intended beneficiaries had to live off an allowance from his otherwise frozen estate for years while lawyers, courts, and the IRS sorted out the mess. Nearly two decades later, Jackson’s estate — now worth an estimated $2 billion — still has not been fully distributed. His daughter Paris has filed legal challenges over how the estate is being managed. His son Bigi has sued his grandmother Katherine over the use of estate funds. In 2024, the beneficiaries of the Jackson family trust still could not receive full distributions until a dispute with the IRS was resolved. Jackson spent years trying to protect his privacy and his children’s future. His trust was designed to do exactly that. And it failed entirely — not because it was poorly drafted, but because it was never funded. **The lesson:** Creating a trust is only step one. Funding it — actually transferring your assets into it — is step two, and it is just as important. A trust that holds no assets provides no probate protection, no privacy, and no benefit to your family whatsoever. At KEYTLaw, we don’t just draft your trust and hand you documents. We prepare the deed that transfers your Arizona home into your trust at signing, provide you with a detailed 22-page guide on how to fund every type of asset, and send you post-signing emails that walk you through the entire funding process. We also send you a reminder every six months to review your plan — because a funded, current trust is the only kind that actually protects your family. Michael Jackson had the resources, the attorneys, and the documents. What he lacked was the follow-through. Don’t make the same mistake. **Sonny Bono — No Will, and a Lesson for Every Business Owner.** Sonny Bono — singer, entertainer, congressman, and one half of the iconic duo Sonny & Cher — died in a skiing accident in January 1998 without a will. His wife, Mary Bono, was left to navigate the probate process for his estate, which included not only personal assets but his music rights, business interests, and the intellectual property he had accumulated during decades in the entertainment industry. The absence of a will meant that Mary Bono had to go through the courts to establish her authority to manage and distribute his estate — a process that was public, time-consuming, and entirely unnecessary with proper planning in place. Business interests, music royalties, intellectual property, and other non-standard assets are among the most important things to address in an estate plan — and among the most commonly overlooked. They don’t transfer automatically. They don’t have beneficiary designation forms. Without a trust or a will that specifically addresses them, they are subject to full probate. **The lesson:** If you own a business, a professional practice, creative assets, or any interest that generates income, your estate plan must specifically address what happens to those assets. They are often your most valuable property — and they deserve the most careful planning. **The Common Thread.** Prince. Michael Jackson. Aretha Franklin. James Gandolfini. Heath Ledger. Sonny Bono. Different lives. Different families. Different asset profiles. But all of them share the same common thread: they either had no estate plan at all, or they had a fatally flawed one — and their families paid the price. None of them lacked the resources to get proper planning done. None of them lacked access to excellent attorneys. They simply didn’t do it — or they did it once and never revisited it when their lives changed. Here is what strikes me most about these stories after 46 years of practicing estate planning law in Arizona: The families of famous people suffer publicly and visibly when an estate is mishandled. The rest of us suffer just as much — we just suffer privately, away from the cameras, in probate courtrooms and hospital corridors and family arguments that nobody ever reads about. The pain is the same. The chaos is the same. The preventability is the same. **Your family deserves better than a cautionary tale.** A complete KEYTLaw estate plan — a revocable living trust, last will and testament, financial power of attorney, healthcare power of attorney, HIPAA authorization, living will, deed transferring your home into the trust, and 29 other documents and services — is **$3,497 for one person** or **$4,497 for a married couple.** One flat fee. 36 documents and services. A lifetime of protection for you and everyone who depends on you. Don’t be a cautionary tale. Let’s get your plan done. Let’s talk. Free consultation, no obligation, no pressure. One free conversation is all it takes to get started. Make a phone, Zoom video meeting, or an in person meeting at my Scottsdale office at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale. No pressure. No obligation. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Avoid These Common Estate Planning Mistakes | KEYTLaw](https://www.keytlaw.com/13ep/) **Published:** May 11, 2026 **Author:** Richard Keyt **Content:** # Common Estate Planning Mistakes to Avoid [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Most Common Estate Planning Mistakes (and How to Avoid Them) As an estate planning attorney, I have seen people make the same common estate planning mistakes listed below too many times, whether due to procrastination, lack of follow-through, or ignoring their own mortality! This article discusses a few of the major mistakes I see frequently. Trust me: the best way to avoid these mistakes, and save your family and loved ones the stress, money, and the heartache of dealing with these problems, is to adopt a comprehensive estate plan prepared by an experienced estate planning attorney. **1. Not having an estate plan.** Many people do not have a Will at all. If you die without a Will, you relinquish to the state the right to decide who will receive your property and who will serve as your executor. Many married couples incorrectly believe that all property passes automatically to a surviving spouse under the intestacy laws. That is not the case. Arizona law provides that property owned solely by the deceased spouse is divided among the surviving spouse and children – which can be an unpleasant surprise. **2. Not planning for the unexpected.** What if, god forbid, something happened, and you became incapacitated? Every estate plan should include a financial power of attorney naming someone to act on your behalf if you become unable to manage your financial affairs, and a health care power of attorney granting someone authority to act on your behalf in making medical decisions. In addition, if you desire that your life not be prolonged by extraordinary measures should your medical condition become hopeless, it is important to state that desire in a “living will.” If you become incapacitated and have not signed basic powers of attorney, your loved ones will have to petition the court to appoint a guardian for you – an expensive and burdensome procedure which most clients want to avoid. **3. Not having a contingency plan.** Every estate plan should name alternates to serve as agent under powers of attorney or as executor or trustee under a Will or trust. If only one person is named to serve in a power of attorney, for example, and that person is unable or unwilling to serve, a guardianship proceeding may have to be initiated. Failure to name a successor executor or trustee might result in Arizona law and the clerk of court determining the successor. **4. Not updating beneficiary designations.** Often we find that despite making specific provisions for beneficiaries in a Will or Revocable Trust, an individual forgets to update the beneficiary designation under his or her insurance policies and retirement plans. Many people incorrectly assume that these assets are controlled by the Will or trust, but they are not. You must update a beneficiary designation to make it consistent with your distribution goals. Failure to do so may result in those beneficiary-designated assets passing in a way that you did not intend. **5. Not updating planning after major life events.** Moving to a new state. The laws of the state in which you reside will determine whether your powers of attorney, Will, and other estate planning documents meet the requirements for valid execution. Documents signed in another state may not be recognized in Arizona or might cause delay and additional expense to have them recognized in Arizona. **Separation or divorce**. Provisions under your Will or revocable trust benefitting your former spouse are revoked by law upon divorce (but not upon separation). It still is a good idea to review your estate plan during this time to determine who will inherit at your death and who will serve as your Executor, Trustee of any trusts for children or other beneficiaries, as guardian of any minor children, or as your agent under powers of attorney. Gifts made to an ex-spouse under an IRA or life insurance beneficiary designation are not automatically invalidated by divorce; you must actually change these designations. Failure to update your beneficiary designations can result in these assets passing to an ex-spouse instead of your intended beneficiaries. **Remarriage**. If you remarry but have children from a prior marriage, your planning should take into consideration of your dual goals of benefiting your new spouse and your family. Leaving assets outright to a surviving spouse gives that spouse control over the disposition of your assets, and there is no guarantee that your spouse ultimately will leave those assets to your children. **Birth, death, or marriage of a beneficiary**. Any time there is a major change in a potential beneficiary’s life, you should review your estate planning documents. For example, if you are predeceased by a child, you should review how that child’s share is going to be distributed. If a beneficiary is married, you might consider a trust instead of outright distribution if keeping family assets separate is a goal. **6. Naming a minor as a direct beneficiary.** A child under age 18 is not permitted to receive property directly from an estate. Instead, a guardian must be appointed to hold the property for the minor. The time, trouble, and expense of a guardianship can be avoided by designating in a Will a trustee or custodian for any minor beneficiaries. **7. Not funding a revocable trust.** To avoid the red tape, time, and expense of probate at your death, and to ensure that information about your assets and beneficiaries is not in the public record, many people choose to include a Revocable Trust, or living trust, in their estate plan. In order to get the probate avoidance benefits, a revocable trust must actually be funded during your lifetime. It is important to review your assets and determine which assets need to be re-titled in the name of the revocable trust. Then, you must complete the steps to transfer these assets to the revocable trust during your lifetime. Skipping this step can cost your family and loved ones. **8. Adding a child as a co-owner of an account. O**ften individuals put a child’s name on an account as a way to avoid probate. For example, assume you had a $100,000 brokerage account and decided to add one of your three children as a joint owner so that at your death, the account would not be subject to probate. Sometimes this works, but there are risks: First, when an account is titled in joint names, at your death the joint account will pass to your child who is the joint owner as opposed to being divided equally among all your children. Second, if your child experiences financial difficulties or legal problems, your child’s creditors may be able to recover from your account. Third, if your child does not survive you, the account still will be subject to probate. Finally, when an account is titled in a joint name with someone else, you actually are making a gift of half the value of the account, which may require a gift tax return. **9. Not considering income tax.** With the recent changes in the federal estate tax laws, the focus of tax planning for most individuals has shifted from estate tax to income tax. An individual’s tax basis in inherited property generally is reset to the value of the property on the date of the decedent’s death; unrealized gains or losses existing at the decedent’s death are effectively wiped out. Accordingly, a beneficiary can sell property immediately after inheriting it without income tax consequences. Effective estate planning should seek to maximize your and your heirs’ basis in an asset. Many people gift assets to children before death without considering income tax, inadvertently doing their family a disservice. For example, if you gift low basis stock to a child, then that child will have to pay capital gains upon selling that stock. If you held that same stock until death, your child then could sell it without paying tax. It is equally important to recognize that a “stepped down basis” could result if the asset has depreciated in value– those assets are ripe for lifetime gifts. **10. Not updating planning for new estate tax laws.** Under the current federal estate tax law, most people will not owe estate tax after death. The estate tax exemption amount for Americans who die in 2026 is $15,000,000 per person. Many older plans include automatic estate tax reduction planning that was appropriate at the time, but which now is unnecessarily complex, and can actually be detrimental from an income tax perspective. Fixing these issues now can save your family time, headache, and money in the future. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Taylor J. Peters](https://www.keytlaw.com/taylor-peters/) **Published:** June 4, 2026 **Author:** Richard Keyt **Content:** ## Taylor Peters Legal Assistant ![taylor peters](https://www.keytlaw.com/wp-content/uploads/2026/06/taylor-peters-scaled.jpg "taylor-peters - KEYTLaw") [ Call: 480-900-7997 ](#) [ Email: taylor@keytlaw.com ](#) Taylor graduated from the University of Arizona in 2025 with a Bachelor of Science in Public Health and a minor in Marketing. She is currently pursuing her Juris Doctor at the University of Nevada, Las Vegas, William S. Boyd School of Law. In her free time, Taylor enjoys spending time with friends and family, trying new restaurants, and playing volleyball. **Contact Information:** Direct Phone: 480-900-7997 Email Address: taylor@keytlaw.com **Mailing Address:** KEYTLaw, L.L.C. 7373 E. Doubletree Ranch Road, Suite 135 Scottsdale, AZ 85258 **Education:** - University of Arizona, B.S., 2025 --- ### [Arizona Estate Planning Guide: Wills & Trusts | KEYTLaw](https://www.keytlaw.com/4ep/) **Published:** May 10, 2026 **Author:** Richard Keyt **Content:** ## Arizona Wills, Trusts & Estate Planning Articles [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Our Wills & Trusts Articles Practicing estate planning law in Arizona since 2001, I’ve answered a lot of questions. What happens if I die without a will? What is a revocable living trust and do I really need one? What does a healthcare power of attorney actually do? Who inherits my assets if I don’t have a plan? What does probate cost — and how long does it take? I’ve answered these questions in client meetings, in phone calls, in emails, and in consultations for decades. I decided to write all of it down — in plain English, without legal jargon — so that any Arizona resident could get the answers they need without having to call an attorney first. The result is our **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** — a free library of in-depth articles covering virtually every aspect of Arizona estate planning. You can find it at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** Here is a tour of what you will find there. **Start here: Find out who inherits your assets right now.** If you died today without a will or a trust, Arizona law — not you — decides who gets everything you own. The results may shock you. Our guide includes two tools that answer this question specifically for your situation: - **[Learn Who Inherits Your Assets if You Die without a Will or Trust](https://www.keytlaw.com/ep-intestate-succession/)** — a detailed article explaining Arizona’s intestacy laws and who is legally entitled to your estate if you die without a plan. - **[Who Will Inherit Your Property Quiz](https://www.keytlaw.com/who-inherits/)** — a short interactive quiz that walks you through your specific family situation and tells you exactly who Arizona law would give your assets to. If the answer surprises you — or concerns you — the rest of the library will show you exactly how to fix it. **Revocable Living Trusts: Everything you need to know.** The trust section of the library is the most comprehensive free resource on Arizona revocable living trusts I am aware of anywhere online. It includes: - **[Revocable Living Trust 101: How It Works & Why You Need One](https://www.keytlaw.com/revocable-living-trust-benefits/)** — the clearest plain-English explanation of what a revocable living trust is, how it works, and why it is the cornerstone of every proper Arizona estate plan. - **[18 Benefits of a Revocable Living Trust](https://www.keytlaw.com/arizona-living-trust-benefits/)** — a detailed breakdown of every major advantage a trust provides over a will, joint tenancy, or beneficiary designations alone. - **[Arizona Revocable Living Trust Frequently Asked Questions](https://www.keytlaw.com/arizona-revocable-living-trust-faqs/)** — answers to the most common trust questions I hear from Arizona clients. - **[Arizona Certification of Trust: Keeps Your Estate Plan Private](https://www.keytlaw.com/certification-of-trust/)** — explains the document that lets you prove your trust exists to banks and title companies without revealing your confidential trust terms. **The documents every Arizona adult needs — and what happens without them.** One of the most valuable sections of the library explains each critical estate planning document individually — what it does, why you need it, and what the real-world consequences are if you die or become incapacitated without it. - **[Essential Estate Plan Documents Every Adult Needs](https://www.keytlaw.com/essential-estate-planning-documents)** - **[Why Not Having a Financial Power of Attorney Could Harm You](https://www.keytlaw.com/arizona-financial-power-of-attorney/)** - **[Why Every Arizona Adult Needs a Healthcare Power of Attorney](https://www.keytlaw.com/arizona-healthcare-power-of-attorney/)** - **[What Is a HIPAA Authorization & Why Every Arizona Adult Needs One](https://www.keytlaw.com/arizona-hippa-authorization/)** - **[Arizona Living Will: What It Is, Why You Need One, & What Happens Without It](https://www.keytlaw.com/arizona-living-will/)** - **[Why Every Arizona Resident Needs a Will](https://www.keytlaw.com/arizona-will/)** - **[How to Name a Guardian of Minor Children in Arizona: A Complete Guide](https://www.keytlaw.com/arizona-naming-guardian-minor-children/)** Each of these articles was written to answer the questions real Arizona clients ask me — in language that anyone can understand, not language that only attorneys speak. **Frequently Asked Questions — one article for each document.** Every major document in an estate plan has its own dedicated FAQ article. If you have a specific question about any of these documents, these articles probably answer it: - [Arizona Revocable Living Trust FAQs](https://www.keytlaw.com/arizona-revocable-living-trust-faqs/) - [Arizona Certification of Trust FAQs](https://www.keytlaw.com/certification-of-trust-faqs/) - [Financial Power of Attorney FAQs](https://www.keytlaw.com/arizona-financial-power-of-attorney-faqs/) - [Healthcare Power of Attorney FAQs](https://www.keytlaw.com/arizona-healthcare-power-of-attorney-faq/) - [HIPAA Authorization FAQs](https://www.keytlaw.com/arizona-hipaa-authorization-faq/) - [Living Will FAQs](https://www.keytlaw.com/arizona-living-will-faq/) - [Last Will & Testament FAQs](https://www.keytlaw.com/arizona-will-faq/) - [Guardian of Arizona Minor Children FAQs](https://www.keytlaw.com/arizona-guardian-minor-children-faq/) **How to transfer your assets into your trust.** Signing your trust is step one. Funding it — actually transferring your assets into it — is step two. And it’s the step most people don’t fully understand until after they sign. The library includes a complete guide on this: - **[How to Move Real Estate, LLCs, Investment and Bank Accounts into Your Trust: The Ultimate Guide](https://www.keytlaw.com/how-to-fund-revocable-living-trust-guide)** — a comprehensive, practical walkthrough covering every major asset type and exactly how to transfer it into your trust. - **[How to Avoid Probating Arizona Land: Guide to Beneficiary Deeds](https://www.keytlaw.com/arizona-beneficiary-deed-avoid-probate/)** — explains an alternative tool for real estate that some clients use in specific situations. **Information for specific types of families.** The library also includes articles written specifically for: - [Families](https://www.keytlaw.com/families/) - [People with Kids](https://www.keytlaw.com/couples-kids/) - [Blended Families](https://www.keytlaw.com/blended-families/) - [Single Parents](https://www.keytlaw.com/single-parents/) - [Partners](https://www.keytlaw.com/partners/) Each of these pages addresses the specific planning issues and risks that apply to that family type — because a blended family’s estate plan looks very different from a single parent’s, and both look different from a couple with young children. **Why we wrote all of these articles.** I believe that every Arizona family deserves to understand their options before they sit down with an attorney. An informed client makes better decisions. An informed client asks better questions. And an informed client is far less likely to make the kind of planning mistakes that devastate families after a death or incapacity. Everything in the library is free. There is no signup required. No email capture. No paywall. Just information I spent 46 years accumulating, written down in plain English and made available to any Arizona resident who wants it. My philosophy has always been the same: *educate first, then decide.* Read everything on the library page. Take the quiz. Look up the FAQ for any document you have questions about. And when you are ready to talk — or when you have a question the articles don’t answer — I am here. **Ready to take the next step?** The library answers the “what” and “why” of Arizona estate planning. When you are ready for the “how” — how to get your specific plan in place, customized for your family and your assets — that is what our free consultation is for. Phone, Zoom, or in person at my Scottsdale office. No pressure. No obligation. Just a straightforward conversation. 👉 **[Visit the Arizona Estate Planning Library](https://www.keytlaw.com/arizona-wills-trusts-articles/)** ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [8 Assets You Should Never Put in a Living Trust | KEYTLaw](https://www.keytlaw.com/8-assets/) **Published:** May 21, 2026 **Author:** Richard Keyt **Content:** ## What NOT to Put in Your Arizona Revocable Living Trust & What to Do Instead [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Assets You Should Not Put in a Trust (8 Critical Exclusions) A revocable living trust is one of the most powerful estate planning tools available to Arizona residents. Done right, it lets your family avoid Arizona probate court entirely, keeps your financial affairs private, and ensures your assets pass to the people you love quickly and without court interference. I have drafted revocable living trusts for over 1,000 Arizona families. In that time, I have seen the same expensive mistake come up over and over: people—often guided by well-meaning but incomplete advice—put the wrong assets into their trust. Sometimes the result is an unexpected tax bill. Sometimes it voids a critical legal protection. Sometimes it just creates unnecessary paperwork and headaches for the family left behind. This article gives you a plain-English guide to the asset types that generally do not belong inside your revocable living trust—and tells you what to do with each one instead. One important note before we start: Your situation is unique. The guidance below reflects general principles of Arizona and federal law. The right strategy for any specific asset depends on the full picture of your estate—your family, your tax situation, your goals. Before you change how any asset is titled, please talk to an Arizona estate planning attorney. ## **1. Retirement Accounts: IRAs, 401(k)s, 403(b)s, SEP-IRAs, and Similar Plans** This is the single most important item on this list. Never retitle a retirement account into your revocable living trust. Here is why this matters so much: The IRS treats a retirement account as a tax-deferred arrangement tied to you personally. The moment you transfer ownership of an IRA, 401(k), 403(b), 457(b), SEP-IRA, SIMPLE IRA, or similar account to your trust, the IRS considers that a complete withdrawal. You owe income tax on the entire account balance in that tax year. If you are in your 60s with a $500,000 IRA, that could mean a six-figure tax bill—in a single year—for a move that accomplished nothing useful. Retirement accounts are not probate assets in the first place. They already pass outside of probate through a beneficiary designation. The proper way to connect your retirement accounts to your estate plan is to name a primary beneficiary directly (typically your spouse, children, or other individuals) and name a contingent beneficiary as a backup in case your primary beneficiary does not survive you. There are circumstances where it makes sense to name your revocable living trust as the beneficiary of a retirement account—for example, if you have minor children and want the trust to manage distributions for them, or if a beneficiary has a disability. But that decision requires careful tax planning and should never be done without guidance from a qualified attorney. **Bottom line**: Keep retirement accounts out of your trust. Coordinate them with your trust through beneficiary designations instead. ## **2. Health Savings Accounts (HSAs)** Health Savings Accounts are another tax-favored account that must stay in your name personally. Under federal law, an HSA is an individual account—it cannot be held in trust. Attempting to transfer an HSA to your revocable living trust would cause the account to lose its HSA status immediately, and the entire balance would be treated as a taxable distribution. Like retirement accounts, HSAs pass through a beneficiary designation. Name your spouse as beneficiary if you are married—a surviving spouse can roll the HSA into their own HSA and preserve all the tax benefits. If you name anyone other than a spouse as beneficiary, the balance is included in their taxable income in the year you die. Bottom line: HSAs cannot be titled in a trust. Name a beneficiary directly on the account. ## **3. Life Insurance Policies** There is an important distinction here that confuses many people. The death benefit of a life insurance policy—the money your beneficiaries receive when you die—already passes outside of probate through a beneficiary designation. You do not need to put a life insurance policy inside your revocable living trust for the death benefit to avoid probate. Transferring ownership of a life insurance policy into a revocable living trust is generally unnecessary and can create complications with the insurer. It provides little practical benefit because a revocable living trust does not shelter the policy from estate taxes (since you still control it), and it does not otherwise improve how the benefit is delivered. What you can—and in many cases should—do is name your revocable living trust as the beneficiary of the life insurance policy. This is useful when you want the trust to hold and manage the proceeds for minor children rather than having the money paid in a lump sum to a guardian, when you want to protect the proceeds inside an asset-protected trust for your adult children’s benefit, or when your primary beneficiary has special needs, a disability, or a creditor problem. There is a separate planning tool called an Irrevocable Life Insurance Trust (ILIT) that actually removes the policy from your taxable estate for federal estate tax purposes. An ILIT is not a revocable living trust—it is an entirely separate legal structure that makes sense primarily for larger estates. **Bottom line**: Do not transfer ownership of a life insurance policy into your revocable living trust. Instead, designate your trust as the beneficiary if you want the proceeds managed by the trust at your death. ## **4. Vehicles and Automobiles** In most cases, everyday vehicles—cars, trucks, SUVs—are not good candidates for your revocable living trust. Here is the practical reality: To transfer a vehicle into your trust, you need to retitle it with the Arizona Motor Vehicle Division. That retitling can create complications with your auto insurance carrier, who may not recognize the trust as a named insured or may require policy changes. If you are in an accident and the vehicle is in the trust’s name, coverage disputes can arise. Moreover, Arizona law already provides a relatively simple mechanism for transferring vehicles after death. The Arizona Department of Transportation’s Motor Vehicle Division (MVD) has a form called Beneficiary Designation that vehicle owners can complete and submit to the DMV. This form causes the title of a vehicle registered with MVD to transfer automatically on the death of the vehicle’s owner to the beneficiary or beneficiaries named in the Beneficiary Designation. This causes the title to change automatically without the need for a probate. The Beneficiary Designation form is located at Unfortunately this form can be used only when there is one owner of the vehicle. If you have two people named on the title of your Arizona vehicle we recommend changing the title to one owner and then that person can complete the beneficiary car title to avoid probate. There are exceptions. Expensive collector cars, vintage vehicles, or recreational vehicles worth a significant amount may deserve more careful planning. But your everyday driver? Generally not worth the hassle of putting it in a trust. **Bottom line**: Leave everyday vehicles out of your trust. Talk to an attorney about expensive or collector vehicles that may warrant special planning. ## **6. UTMA and UGMA Custodial Accounts** A Uniform Transfer to Minors Act (UTMA) or Uniform Gift to Minors Act (UGMA) custodial account is a special type of account that holds assets for a minor child. These accounts are created under a specific legal structure—they are owned by the minor, managed by a custodian until the child reaches adulthood, and cannot be transferred to a trust. By definition, a UTMA/UGMA account already belongs to the minor child. Attempting to retitle it into your trust would be legally ineffective because you do not own the account—the child does. The custodian manages it on the child’s behalf, but the underlying assets are the child’s property. If you want to set aside assets for a child’s future in a more flexible and controlled way, a testamentary trust or a living trust sub-trust for the benefit of the child is almost always a better planning strategy than a UTMA/UGMA account—because a trust lets you control when the child receives the money and under what conditions, rather than handing everything over automatically at age 18 or 21. **Bottom line**: UTMA/UGMA custodial accounts cannot be retitled into your trust. The child already owns them. **7. Foreign Real Estate** If you own real property located outside the United States, transferring it into your Arizona revocable living trust may be ineffective—or worse, may conflict with the property laws of the country where the property is located. Many countries do not recognize U.S.-style revocable living trusts. Some foreign jurisdictions require that real estate pass according to their own laws, which may include forced heirship rules, local probate processes, or requirements that title be held in specific ways. A deed from you to your Arizona trust may simply not be recognized under the law of the foreign country where the property sits. If you own foreign real estate, you need legal advice from an attorney familiar with both Arizona estate planning and the property laws of the relevant country. There may be separate planning steps needed—potentially including a separate legal structure in that country—to ensure the property passes as you intend. **Bottom line**: Foreign real estate requires specialized planning that goes beyond your Arizona revocable living trust. Get country-specific legal advice. **8. Your Active Personal Checking Account** This one is more of a practical caution than a hard legal prohibition. Some estate planning attorneys recommend funding all bank accounts—including your primary checking account—into your revocable living trust. Others advise keeping your active personal checking account in your own name for day-to-day convenience and funding it into the trust only if the balance grows large. Here is the concern: Some banks, payment processors, and merchants treat a trust-titled account differently than a personal account. Direct deposit from an employer, certain government benefits like Social Security, automatic payments, and debit card transactions sometimes work less smoothly when the account is in the name of a trust rather than an individual. Social Security, in particular, requires that benefits be deposited into an account held in your personal name—not in the name of a trust. If you transfer the account that receives your Social Security into the trust, you could disrupt those payments. A practical solution: Keep a modest personal checking account in your own name for daily transactions and Social Security deposits. **Our Recommendation:** Owners of the bank account can sign the bank’s pay on death form that names the trust as the beneficiary of the account if the sole owner or both owners die. Maintain larger savings and investment accounts in your trust. **Bottom line**: Your active personal checking account and Social Security deposit account should generally stay in your individual name, not in your trust. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [10 Common Estate Planning Mistakes](https://www.keytlaw.com/ep8/) **Published:** August 11, 2024 **Author:** Richard Keyt **Content:** As an estate planning attorney, I have seen people make the same common estate planning mistakes listed below too many times, whether due to procrastination, lack of follow-through, or ignoring their own mortality! This article discusses a few of the major mistakes I see frequently. Trust me: the best way to avoid these mistakes and save your family and loved ones the stress, money, and heartache of dealing with these problems is to adopt a comprehensive estate plan prepared by an experienced estate planning attorney. **1. Not having an estate plan.** Many people do not have a Will at all. If you die without a Will, you relinquish to the state the right to decide who will receive your property and who will serve as your executor. Many married couples incorrectly believe that all property passes automatically to a surviving spouse under the intestacy laws. That is not the case. Arizona law provides that property owned solely by the deceased spouse is divided among the surviving spouse and children – which can be an unpleasant surprise. **2. Not planning for the unexpected.** What if, god forbid, something happened, and you became incapacitated? Every estate plan should include a financial power of attorney naming someone to act on your behalf if you become unable to manage your financial affairs, and a health care power of attorney granting someone authority to act on your behalf in making medical decisions. In addition, if you desire that your life not be prolonged by extraordinary measures should your medical condition become hopeless, it is important to state that desire in a “living will.” If you become incapacitated and have not signed basic powers of attorney, your loved ones will have to petition the court to appoint a guardian for you – an expensive and burdensome procedure which most clients want to avoid. **3. Not having a contingency plan.** Every estate plan should name alternates to serve as agent under powers of attorney or as executor or trustee under a Will or trust. If only one person is named to serve in a power of attorney, for example, and that person is unable or unwilling to serve, a guardianship proceeding may have to be initiated. Failure to name a successor executor or trustee might result in Arizona law and the clerk of court determining the successor. **4. Not updating beneficiary designations.** Often we find that despite making specific provisions for beneficiaries in a Will or Revocable Trust, an individual forgets to update the beneficiary designation under his or her insurance policies and retirement plans. Many people incorrectly assume that these assets are controlled by the Will or trust, but they are not. You must update a beneficiary designation to make it consistent with your distribution goals. Failure to do so may result in those beneficiary-designated assets passing in a way that you did not intend. **5. Not updating planning after major life events.** Moving to a new state. The laws of the state in which you reside will determine whether your powers of attorney, Will, and other estate planning documents meet the requirements for valid execution. Documents signed in another state may not be recognized in Arizona or might cause delay and additional expense to have them recognized in Arizona. Separation or divorce. Provisions under your Will or revocable trust benefitting your former spouse are revoked by law upon divorce (but not upon separation). It still is a good idea to review your estate plan during this time to determine who will inherit at your death and who will serve as your Executor, Trustee of any trusts for children or other beneficiaries, as guardian of any minor children, or as your agent under powers of attorney. Gifts made to an ex-spouse under an IRA or life insurance beneficiary designation are not automatically invalidated by divorce; you must actually change these designations. Failure to update your beneficiary designations can result in these assets passing to an ex-spouse instead of your intended beneficiaries. Remarriage. If you remarry but have children from a prior marriage, your planning should take into consideration of your dual goals of benefiting your new spouse and your family. Leaving assets outright to a surviving spouse gives that spouse control over the disposition of your assets, and there is no guarantee that your spouse ultimately will leave those assets to your children. Birth, death, or marriage of a beneficiary. Any time there is a major change in a potential beneficiary’s life, you should review your estate planning documents. For example, if a child predeceases you, you should review how that child’s share will be distributed. If a beneficiary is married, you might consider a trust instead of outright distribution if keeping family assets separate is a goal. **6. Naming a minor as a direct beneficiary.** A child under age 18 is not permitted to receive property directly from an estate. Instead, a guardian must be appointed to hold the property for the minor. The time, trouble, and expense of a guardianship can be avoided by designating in a Will a trustee or custodian for any minor beneficiaries. **7. Not funding a revocable trust.** To avoid the red tape, time, and expense of probate at your death, and to ensure that information about your assets and beneficiaries is not in the public record, many people choose to include a Revocable Trust, or living trust, in their estate plan. In order to get the probate avoidance benefits, a revocable trust must actually be funded during your lifetime. It is important to review your assets and determine which assets need to be re-titled in the name of the revocable trust. Then, you must complete the steps to transfer these assets to the revocable trust during your lifetime. Skipping this step can cost your family and loved ones. **8. Adding a child as a co-owner of an account. O**ften individuals put a child’s name on an account as a way to avoid probate. For example, assume you had a $100,000 brokerage account and decided to add one of your three children as a joint owner so that at your death, the account would not be subject to probate. Sometimes, this works, but there are risks: First, when an account is titled in joint names, at your death, the joint account will pass to your child, who is the joint owner, as opposed to being divided equally among all your children. Second, if your child experiences financial difficulties or legal problems, your child’s creditors may be able to recover from your account. Third, if your child does not survive you, the account still will be subject to probate. Finally, when an account is titled in a joint name with someone else, you actually are making a gift of half the value of the account, which may require a gift tax return. **9. Not considering income tax.** With the recent changes in the federal estate tax laws, the focus of tax planning for most individuals has shifted from estate tax to income tax. An individual’s tax basis in inherited property generally is reset to the value of the property on the date of the decedent’s death; unrealized gains or losses existing at the decedent’s death are effectively wiped out. Accordingly, a beneficiary can sell property immediately after inheriting it without income tax consequences. Effective estate planning should seek to maximize your and your heirs’ basis in an asset. Many people gift assets to children before death without considering income tax, inadvertently doing their family a disservice. For example, if you gift low-basis stock to a child, then that child will have to pay capital gains upon selling that stock. If you held that same stock until death, your child could then sell it without paying tax. It is equally important to recognize that a “stepped down basis” could result if the asset has depreciated in value– those assets are ripe for lifetime gifts. **10. Not updating planning for new estate tax laws.** Under the current federal estate tax law, most people will not owe estate tax after death. The estate tax exemption amount for Americans who die in 2024 is $13,600,000 per person. Many older plans include automatic estate tax reduction planning that was appropriate at the time, but which now is unnecessarily complex, and can actually be detrimental from an income tax perspective. Fixing these issues now can save your family time, headaches, and money in the future. --- ### [Arizona Vehicle Transfer on Death FAQs | KEYTLaw](https://www.keytlaw.com/arizona-car-transfer-on-death/) **Published:** June 4, 2026 **Author:** Richard Keyt **Content:** ## Arizona Vehicle Transfer on Death FAQs [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## How to Transfer an Arizona Vehicle on Death FAQs Arizona law allows vehicle owners to transfer a car, truck, or other motor vehicle to a named beneficiary automatically at death—without probate. Below, Arizona estate planning attorney Richard Keyt answers the most frequently asked questions about Arizona’s vehicle transfer on death law. ## **The Basics** ### **What is an Arizona vehicle transfer on death designation?** An Arizona vehicle transfer on death designation is a legal provision that allows a vehicle owner to name one or more beneficiaries directly on the vehicle’s certificate of title. When the owner dies, the vehicle passes automatically to those named beneficiaries—no probate required. This right is created by [Arizona Revised Statutes Section 28-2055](https://www.azleg.gov/ars/28/02055.htm). ### **What Arizona law authorizes vehicle transfer on death designations?** [Arizona Revised Statutes Section 28-2055](https://www.azleg.gov/ars/28/02055.htm) authorizes vehicle transfer on death designations. The Arizona Legislature added this law effective **July 20, 2011**. A.R.S. § 28-2055(B) provides: > *“At the request of the owner and on payment of a fee prescribed by the department by rule, the certificate of title may contain, by attachment, a transfer on death provision where the owner may designate a beneficiary of the vehicle.”* ### **Does a vehicle transfer on death designation avoid probate?** Yes. A properly completed Arizona vehicle transfer on death designation allows the vehicle to pass directly to the named beneficiary when the owner dies—without going through Arizona probate court. This is one of several probate-avoidance tools available under Arizona law. ### **How does a vehicle transfer on death designation compare to other Arizona probate-avoidance tools?** Arizona has three main non-probate transfer tools that are now consistent with one another: 1. **Beneficiary deeds** — for real property 2. **Pay on death / transfer on death titling** — for bank accounts and investment accounts 3. **Vehicle transfer on death designation** — for motor vehicles Before 2011, Arizonans could transfer a $75,000 bank account or a $100,000 piece of real estate without probate, but could not do the same for a vehicle—regardless of its value. The 2011 amendment to A.R.S. § 28-2055 closed that gap. ## **How to Complete the Designation** ### **How do I add a transfer on death beneficiary to my Arizona vehicle title?** To add a transfer on death beneficiary to your Arizona vehicle title, follow these steps: 1. Obtain the vehicle’s current certificate of title. If you do not have it, contact the Arizona Motor Vehicle Division (MVD) for information on obtaining a replacement. 2. Complete the Arizona MVD [**Beneficiary Designation form (Form 96-0561)**](https://apps.azdot.gov/files/mvd/mvd-forms-lib/96-0561.pdf). 3. Submit the completed form and any required fee to the Arizona MVD. ### **Where do I get the Arizona MVD Beneficiary Designation form?** Arizona MVD Form 96-0561 is available at the [Arizona Department of Transportation’s MVD forms library](https://apps.azdot.gov/files/mvd/mvd-forms-lib/96-0561.pdf) (azdot.gov). You can also obtain the form at any Arizona MVD office. ### **Is there a fee to add a transfer on death beneficiary to my vehicle title?** No. ### **Can I name more than one beneficiary on my Arizona vehicle title?** Yes. Arizona law permits a vehicle owner to designate **one or more beneficiaries** on the certificate of title. If you name multiple beneficiaries, review the MVD form carefully for instructions on how multiple beneficiaries will share ownership of the vehicle upon your death. ## **Choosing the Right Beneficiary** ### **Who should I NOT name as the beneficiary of my vehicle?** Not every loved one is an appropriate direct beneficiary of a vehicle. **Do not name the following as a direct beneficiary:** - **A minor child under age 18.** Arizona law provides that minors are not legally competent and will not be able to claim the vehicle if they are under 18 when the owner dies. - **A person with special needs.** A direct inheritance may disqualify them from government benefits such as SSI or Medicaid. - **A person with creditor problems or an inability to manage assets.** The vehicle could be immediately subject to their creditors’ claims. If you want to leave a vehicle to any of these individuals, consult an Arizona estate planning attorney about using a revocable living trust instead. ### **What happens if I name a minor child as the beneficiary of my vehicle?** If you die and your named beneficiary is under age 18, the child will not be able to legally claim the vehicle. Arizona law treats minors as legally incompetent to receive the transfer directly. This can create complications—potentially requiring a court proceeding—that defeat the very purpose of naming a beneficiary in the first place. To avoid this problem, consider naming a trustee of a revocable living trust to receive the vehicle for the benefit of the minor child. ## **Vehicle Transfer on Death vs. a Revocable Living Trust** ### **Is a vehicle transfer on death designation the same as having a revocable living trust?** No. A vehicle transfer on death designation is a single-asset probate-avoidance tool for *one vehicle*. A **revocable living trust** is a comprehensive estate planning document that can hold all of your assets—real estate, bank accounts, investments, vehicles, personal property, and more—and provides far greater flexibility, control, and protection. A revocable living trust also allows you to: - Plan for disability during your lifetime, not just death - Control how and when beneficiaries receive their inheritance - Name a trustee to manage assets for beneficiaries who cannot manage assets themselves - Protect inheritances left to beneficiaries with special needs or creditor issues For most Arizonans, a revocable living trust is the cornerstone of a proper estate plan. ### **Should I rely solely on a vehicle transfer on death designation as my estate plan?** No. A vehicle transfer on death designation is useful, but it is only one piece of a complete estate plan. A comprehensive Arizona estate plan typically includes: - A revocable living trust - A pour-over will - Financial power of attorney - Healthcare power of attorney - Living will / advance healthcare directive - HIPAA authorization - And other customized documents Without a revocable living trust, many of your other assets may still be subject to Arizona probate—even if your vehicle passes through a transfer on death designation. ## **Changing or Canceling the Designation** ### **Can I cancel or change the transfer on death beneficiary on my vehicle?** Generally yes. Transfer on death designations can be changed or revoked during your lifetime. You would work with the Arizona MVD to update or cancel the designation on your certificate of title. Contact the Arizona MVD for specific procedures and any applicable fees. ## **About the Authors** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick) is an Arizona estate planning and LLC attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at and the fee and the [36 documents & services](https://www.keytlaw.com/ep-contents) in their estate plan. ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [template](https://www.keytlaw.com/template-3/) **Published:** June 4, 2026 **Author:** Richard Keyt **Content:** ## a [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## a a a a a a a a a a a a a a a a a ## **About the Authors** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick) is an Arizona estate planning and LLC attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at and the fee and the [36 documents & services](https://www.keytlaw.com/ep-contents) in their estate plan. ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Business Owners Estate Planning FAQs | KEYTLaw](https://www.keytlaw.com/business-owner-estate-planning-faqs/) **Published:** June 4, 2026 **Author:** Richard Keyt **Content:** ## Business Owners Estate Planning FAQs [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## Estate Planning FAQs for Arizona Business Owners If you own a business — an LLC, a corporation, a professional practice, or a partnership interest — your estate plan has a layer of complexity that most people never address. This article answers the most important questions Arizona business owners ask about what happens to their business when they die or become incapacitated, and what a properly coordinated estate plan must do to prevent disaster. For a deeper explanation of these issues, read our article [Is Your Business in Your Estate Plan?](https://www.keytlaw.com/business-in-estate-plan/) ## **Why does owning a business make estate planning more complicated?** When you own a business — an LLC, a corporation, a partnership interest, or a professional practice — your estate plan has a layer of complexity that most people never address. Your business interest is a legal asset, just like your home or your bank accounts. When you die, it must transfer to someone. If it is not inside a revocable living trust, it does not transfer automatically. It goes through Arizona probate — a Superior Court proceeding that takes a minimum of five months and can paralyze the business and the income your family depends on during the process. Getting this wrong does not just cause financial damage. It can destroy the business you spent years building at the worst possible moment for your family. ## **What happens to my LLC or business if I die without a proper estate plan?** If your LLC membership interest, corporate stock, or partnership share is not held in a revocable living trust when you die, it must pass through probate. During that probate proceeding, your business interest is frozen in court. No one has clear legal authority to sign contracts, manage employees, make payroll, or renew leases until the probate concludes — and that can take five months or much longer. Your family may be depending on the income that business generates right now. If the business grinds to a halt while the court proceeding drags on, that income disappears at precisely the moment they need it most. ## **How do I make sure my business interest avoids probate?** Title your business interest in the name of your revocable living trust. When your membership interest, shares, or partnership interest are properly held inside your trust, your successor trustee steps immediately into your ownership role when you die — with clear legal authority to manage or sell the business interest without any court involvement. No probate. No delay. No frozen assets. This is a straightforward fix, but it requires actually changing the ownership record to reflect the trust as the holder of the interest. ## **Can my LLC operating agreement conflict with my estate plan?** Yes — and this is one of the most dangerous traps business owners fall into. Your revocable living trust may say your business interest passes to your spouse or your children when you die. Your LLC operating agreement may say something completely different — that the remaining members have the right to buy out a deceased member’s interest, that membership interests cannot be transferred without member approval, or that your heirs become only economic interest holders with no voting rights. These two documents can be in direct conflict. And in many cases, the operating agreement wins. Your estate plan and your operating agreement must be reviewed together and coordinated deliberately. Most business owners have never done this. Most attorneys who prepared the operating agreement never thought about the estate planning implications — and most estate planning attorneys who drafted the trust never looked at the operating agreement. ## **What should I look for in my operating agreement to make sure it cooperates with my estate plan?** Review your operating agreement for three categories of provisions: - **Transfer restrictions.** Provisions that limit or prohibit the transfer of a membership interest to someone outside the existing members. - **Buy-sell provisions.** Provisions that give the remaining members the right or obligation to buy out a deceased member’s interest, often at a formula price. - **Consent requirements.** Provisions that require the approval of other members before any transfer of an interest can take effect. If your operating agreement contains any of these provisions and your estate plan was drafted without accounting for them, there may be a serious conflict. Your heirs could receive far less than you intended — or receive their inheritance in a form that is far less valuable. ## **What happens to my business if I become incapacitated rather than die?** Incapacity — from a stroke, a serious accident, or a progressive cognitive condition — creates its own business crisis. You are still alive, but you cannot run your business. Someone needs authority to step in and manage your LLC or corporation immediately. That authority must come from three coordinated documents working together: - Your **financial power of attorney**, which should specifically authorize your agent to act with respect to your business interests. - Your **revocable living trust**, which should give your successor trustee clear power to manage or sell business assets held in trust. - Your **operating agreement**, which should identify who steps into your managerial role if you cannot serve. If these three documents were drafted independently by different people at different times, they almost certainly do not work together. The result can be a business that is paralyzed while you are incapacitated — unable to make decisions, sign documents, or respond to crises — until a court appoints a conservator to manage your affairs. ## **Does my financial power of attorney automatically cover my business interests?** Not necessarily — and this gap can be catastrophic. A generic financial power of attorney may not specifically authorize your agent to act with respect to LLC membership interests, corporate shares, or partnership interests. Your power of attorney should expressly grant your agent the authority to manage, vote, sell, or otherwise deal with your business interests if you become incapacitated. If it does not, your agent may have no clear legal authority to act — and the business could be paralyzed until a court appoints a conservator to manage your affairs. A properly drafted estate plan addresses business incapacity explicitly, not generically. ## **I plan to leave my business equally to all of my children. Is that a good idea?** It feels fair — but in practice it can destroy the business and fracture your family. Consider what happens when two of your children want to sell the business and one does not. Or when one child has worked in the business for twenty years and the other two have never been involved. Or when they fundamentally disagree about management, strategy, or direction. Leaving a business to multiple heirs equally creates co-owners who may have completely different goals and no mechanism for resolving their disagreements. A thoughtful estate plan works through these dynamics deliberately. Perhaps the child who works in the business receives the business interest, while the others receive other assets of equivalent value. Perhaps the trust includes a buy-sell mechanism that allows one heir to buy out the others at a fair price. Perhaps there are governance provisions that prevent deadlock. None of this happens automatically — it requires trust language drafted specifically for your family’s situation. ## **Could the value of my business create a federal estate tax problem?** For most Arizona families, federal estate tax is not a concern unless the net value of the deceased’s estate exceeds $15,000,000 in 2026. But if your business has grown significantly, the value of your closely held business interest can push your estate into territory where planning becomes critical. The valuation rules for closely held LLC and corporate interests are complex, and proper planning can include strategies that legitimately reduce the taxable value of business interests transferred to heirs — preserving more of what you built for the people you love. If your business has grown substantially, this conversation is worth having before the taxable event, not after. ## **What is the biggest mistake business owners make with their estate plans?** The biggest mistake is treating the estate plan and the business documents as separate projects prepared by separate people who never talk to each other. The attorney who drafted your operating agreement almost certainly never thought about the estate planning implications of the transfer provisions in that document. The attorney who drafted your trust almost certainly never read your operating agreement. The result is two documents that were each perfectly fine in isolation — and potentially in direct conflict when it matters most. Business owners need both documents reviewed together and coordinated deliberately. ## **What specific questions should my estate plan answer if I own a business?** A properly designed estate plan for a business owner should specifically address all of the following: - Is your business interest titled in your revocable living trust so it avoids probate entirely? - Is your operating agreement or shareholder agreement coordinated with your trust so there are no conflicts in how the interest transfers? - Does your financial power of attorney specifically authorize your agent to manage your business interests if you become incapacitated? - Does your trust give your successor trustee clear authority to manage, operate, or sell your business? - Have you decided which heirs should receive the business — and whether leaving it equally to multiple heirs is actually the right structure for your family? - If you have business partners, have you addressed what happens to your interest and theirs if either of you dies or becomes incapacitated? - Are asset-protected sub-trusts in place for your heirs so that the business interest or its proceeds are shielded from creditors and divorcing spouses after they inherit? These questions do not have generic answers. They depend entirely on your specific business structure, your operating agreement, your family dynamics, and your goals for what happens to the company after you are gone. ## **Can I use an online document service or template to handle this?** No. A business owner’s estate plan requires coordination between your trust, your operating agreement, your financial power of attorney, and — if applicable — your buy-sell agreement. An online document service cannot review your operating agreement, identify conflicts with your proposed trust, or craft language that coordinates the two documents. A template cannot account for your specific business structure or your family’s dynamics. And an attorney who handles only one side of the equation — either only business law or only estate planning — will miss the gaps that exist at the intersection. This is exactly the kind of customized planning that requires someone who understands both sides. ### **How do I hire KEYTLaw to put my LLC interest into my revocable living trust?** To document the change of ownership that transfers your LLC membership interest into your revocable living trust, submit our [Member Change Questionnaire](https://azllc.com/changeq/) at azllc.com/changeq. The fee depends on the services you select. You can learn more about the process in our article [How to Add or Remove a Member of an Arizona LLC](https://www.keytlaw.com/change-arizona-llc-member/). To get started or ask questions, you can: - Call Richard Keyt (the father) directly at **480-664-7478** - Call Richard C. Keyt (the son) directly at **480-664-7472** - [Book a free phone, office, or Zoom video meeting](https://www.keytlaw.com/calendar) ## **What does a KEYTLaw estate plan include?** KEYTLaw prepares a comprehensive estate plan that includes [36 documents and services](https://www.keytlaw.com/ep-contents/) anchored by a revocable living trust. To see everything that is included and our flat fee, visit [keytlaw.com/ep-contents](https://www.keytlaw.com/ep-contents/) or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). You can also [book a free office, phone or Zoom video consultation](https://www.keytlaw.com/calendar) — we do not charge to talk to people. ## **Why should I trust KEYTLaw with both my estate plan and my business documents?** Richard Keyt has been helping Arizona business owners coordinate their business documents and estate plans since 1979. He has formed over 9,900 Arizona LLCs and prepared hundreds of estate plans for business owners — and he understands the gaps that appear when the two sides of the equation are not coordinated. His son, Richard C. Keyt, is both a licensed Arizona attorney and a former CPA, bringing additional financial perspective to the planning process. Together they handle both sides of your estate plan — so you are not left with documents that conflict when your family needs them most. ## **About the Authors** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick) is an Arizona estate planning and LLC attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at and the fee and the [36 documents & services](https://www.keytlaw.com/ep-contents) in their estate plan. ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Music Videos We Like](https://www.keytlaw.com/music-videos/) **Published:** January 30, 2022 **Author:** Richard Keyt **Content:** I love this beautiful song sung by Emma Kok, a 15 year old young lady singing with Andre Rieu’s orchestra on August 23, 2023. As of January 18, 2025, this video had 81 million views. Emma has the rare chronic disease gastroparesis, also called gastric paralysis. She receives liquid food through a stomach tube 22 hours a day because she cannot eat. Lisa Gerrard sings composer Hans Zimmer’s ***Now We are Free*** from the movie Gladiator. Czarina Russel sings composer Hans Zimmer’s ***Now We are Free*** from the movie Gladiator. 2Cellos. Two fabulous cello players play one of my all time favorite songs, ***Now We Are Free*** (aka ***Elysium***) from the movie Gladiator . Emilia Jones sings Both Sides Now written by Canadian singer-songwriter [Joni Mitchell](https://en.wikipedia.org/wiki/Joni_Mitchell "Joni Mitchell"). It was first recorded by [Judy Collins](https://en.wikipedia.org/wiki/Judy_Collins "Judy Collins") and made the singles chart in 1968. The next year it was included on Mitchell’s album *[Clouds](https://en.wikipedia.org/wiki/Clouds_(Joni_Mitchell_album) "Clouds (Joni Mitchell album)")* and became one of her best-known songs. It has since been recorded by dozens of artists, including [Dion](https://en.wikipedia.org/wiki/Dion_DiMucci "Dion DiMucci") in 1968, [Herbie Hancock](https://en.wikipedia.org/wiki/Herbie_Hancock "Herbie Hancock") in 2007. Emilia’s version of the song is from the Academy Award nominated best movie [Coda](https://www.imdb.com/title/tt10366460/). The 2 Cellos play an instrumental version of U2’s ***With or Without You***. Enrique Iglesias’ music video of the song he wrote called ***Hero***. Jennifer Love Hewitt is his girl in the video. Benedetta Caretta, is one of my favorite singers. She is a young Italian born in 1996. When she sings in English she does not have an accent. In this video she starts and ends with ***Somebody I Loved*** with several other pop songs in between. ***Never Enough*** from The Greatest Showman by Benedetta Caretta. For some strange reason there was a period of time when all of Benedetta’s music videos did not show the top of her face. ***Never Enough*** from The Greatest Showman by a fabulous German singer named Helene Fischer. This woman has a beautiful voice and is another one of my favorite singers. She puts on incredible presentations when she performs. She sings ***Never Enough*** in front of an orchestra. ***Never Enough*** from The Greatest Showman by Jessica Lowndes. Jessica is an actress who is in many Hallmark and Lifetime movies. ***Supermarket Flowers*** by Ed Sheeran. In an interview Ed revealed that the song is about his late grandmother. He said “She was in a hospital near my house . . . so I saw her quite a lot . . . and she passed away while I was in the studio. So that’s my first reaction for anything that happens to me, good or bad, pick up a guitar.” Nights in White Satin by the Moody Blues, one of my favorite groups from the 1960s. They sing the song with support from an orchestra. This video had 30,477,226 views as of February 1, 2022. Connor Maynard and Pixie Lott in a sing off competition. They take turns singing various pop songs. Very creative. Simon & Garfunkel sing their most popular song, ***The Sound of Silence***, in a 2009 performance at Madison Square Garden in New York city. This song was number 1 on the pop chart in 1965. Katharine McPhee and Andrea Bocelli sign ***The Prayer*** Andrea Bocelli and Katherine Jenkins sing ***I Believe*** The most watched music video of all time is ***Despacito*** by Luis Fonsi and Daddy Yankee. As of January 30, 2022, the video on Youtube has been viewed 7,721,829,983 times. YES that is **SEVEN BILLION VIEWS**. The video is entirely in Spanish. Luciana Zogbi is a young Brazilian singer born in 1994. In this ***Despacito*** video she sings a duet with herself. Luciana on the left sings in English and Luciana on the right sings in Spanish. As of January 30, 2022, this video had 57,438,054 views. **Joey Feek sings “When I’m Gone.”** As of July 1, 2018, this video had 18,778,655 views. Listen carefully to the words to this beautiful song and you will definitely cry**.** Cancer killed Joey on March 14, 2016. Joey recorded this song in 2012, before she was diagnosed with cancer. It was written by a friend of hers, Sandy Lawrence, whose mother was dying of cancer. The song touched Joey, and she recorded it. The man in the video is her husband Rory Feek. It was filmed on the Feek’s ranch. Rory and Joey won a [Grammy](http://www.etonline.com/awards/210184_rory_feek_pays_tribute_to_late_wife_joey_during_2017_grammy_awards/) on February 12, 2017, for the Best Roots Gospel Album for their album, *Hymns That Are Important to Us.* Donna Taggart sing*s **Jealous of the Angels**. I love this song.* **Remember Me** by Lizzie Palmer. Near the end of November 2006, 15 year old Lizzie Palmer, a high school sophomore in Columbus, Ohio, used her artistic talents and modern technology to create an unforgettable video tribute to all of the brave men and women who serve and have served our country during a second time in American history when too many Americans wrongly and tragically believe they can support the troops, but not support the war they are fighting. As of January 30, 2022, the video had been viewed more than 32,000,000 times on YouTube. The images, text and music combine to create a powerful message that should be viewed by all Americans. “I felt like there needed to be more support for our troops,” said Lizzie Palmer. “This video was my contribution.” Chris Wallace’s Fox News Sunday showed the video on national TV. Chris Wallace said, “We had decided it was such a special, moving tribute to the troops, that you cannot watch it, no matter what you think of the war, and not be tremendously affected by her message. Uniformly, people’s reaction has been that they had never seen anything quite so special, quite so meaningful. It chokes me up just reading these e-mails.” The background music is “[Pacific Wind](http://itunes.apple.com/us/album/from-the-sky-deluxe-version/id318237348)” by Ryan Farish. ***Hymn to the Fallen*** from the movie “Saving Private Ryan.” The video visits cemeteries around the world where Americans who gave their lives for the U.S. during wars are buried. The first cemetery is Pearl Harbor, Hawaii, at the site of the U.S.S. Arizona where 1,102 men are entombed in the remains of the battleship. The video ends at Arlington National Cemetery where more than 300,000 military men and women are buried. It’s another video that brings a tear to my eye. --- ### [Richard Keyt | Arizona Estate Planning & LLC Attorney](https://www.keytlaw.com/richard-keyt/) **Published:** September 20, 2025 **Author:** Richard Keyt **Content:** ## Richard Keyt Arizona Estate Planning & LLC Attorney ![](https://www.keytlaw.com/wp-content/uploads/2024/09/rick-keyt.jpg "rick-keyt - KEYTLaw") ## **Richard Keyt (Rick)** ![](https://www.keytlaw.com/wp-content/uploads/2014/08/IMG_0581-web-carolrickbeach.jpg "IMG_0581-web-carolrickbeach - KEYTLaw") ## Rick & Carol ![](https://www.keytlaw.com/wp-content/uploads/2024/09/wedding.jpg "wedding - KEYTLaw") ## Our wedding day 1972 ![](https://www.keytlaw.com/wp-content/uploads/2014/08/IMG_1973-112-web-rickcarol1.jpg "IMG_1973-112-web-rickcarol1 - KEYTLaw") ## 1974 ![](https://www.keytlaw.com/wp-content/uploads/2014/08/IMG_1973-298-web-carolrick-.jpg "IMG_1973-298-web-carolrick- - KEYTLaw") ## 1975 ![](https://www.keytlaw.com/wp-content/uploads/2024/09/kids.jpg "kids - KEYTLaw") ## Rick's kids: Katie, Kari & Ricky ![](https://www.keytlaw.com/wp-content/uploads/2024/09/bigfamily.jpg "bigfamily - KEYTLaw") ## Stevie, Ricky, Kaia, Ellie, Body, Carol & Katie & Kari sitting on the couch ![](https://www.keytlaw.com/wp-content/uploads/2024/09/sanches.jpg "sanches - KEYTLaw") ## Kari's family: Ellie, Tony, Kari & Stevie ![](https://www.keytlaw.com/wp-content/uploads/2025/09/IMG_6177-1024x768.jpg "- KEYTLaw") ## Katie's family: Wesley, Will, Kaia, Katie & Boddie ![Beau & Nicky](https://www.keytlaw.com/wp-content/uploads/2024/09/dogs.jpg "dogs - KEYTLaw") ## Our boys, Beau (Cavalier King Charles) and Nicky (Shih Tzu) **Contact Information:** Direct Phone: 480-664-7478 Email: Richard Keyt is an Arizona wills, trusts, and estate planning attorney who wants to prepare an estate plan that protects your most valuable assets – your loved ones. When people fail to plan, their loved ones pay the price and suffer the consequences. If you are an Arizona resident, go to our [online calendar](https://www.keytlaw.com/calendar) to book a free office, phone, or Zoom video meeting with Richard to get answers to your questions and design your custom estate plan. Learn [Who Inherits Property of an Arizona Resident Who Dies without a Will or a Trust](https://www.keytlaw.com/ep-intestate-succession/) and take our short online quiz called [Who Inherits Your Property](https://www.keytlaw.com/who-inherits/). Get Richard’s free article called “[*13* Reasons Why You Need an Estate Plan](https://keytlaw.com/free-articles)*.”* Read the [36 documents & services](https://keytlaw.com/ep-contents) in our estate plans or watch our [video explanation of the contents](https://youtu.be/r92ZYHQWScU?si=OFQt-lzTsYVquch0). Richard Keyt formed the KEYTLaw law firm in 2001 when he left one of Arizona’s largest law firms because he believed he could get clients from his website. Rick has been practicing Arizona law since 1980. He provides the following types of legal services: (1) preparing wills, trusts and estate plans, (2) forming Arizona limited liability companies (10,000+ since 2001), (3) forming Arizona nonprofit corporations (500+) and obtaining their IRS 501(c)(3) tax exemption letters, (4) preparing and reviewing contracts to buy and sell businesses, (5) preparing and reviewing contracts to buy, sell and lease Arizona real property, and (6) preparing and reviewing business contracts. Rick and his son are the authors of an informational book called “[*Family Asset Protection*](https://www.azestateplans.com/),” which people say is a great way to learn about wills, trusts, and estate planning. This free book is full of helpful illustrations. Its purpose is to teach people how to **protect their most valuable asset – their loved ones** – from their death or incapacity. See the [contents and prices of his estate plan](https://www.keytlaw.com/ep-contents) and his [wills & trusts website](https://www.arizona-wills.com/). Rick represents start-ups and established businesses in a wide variety of business legal matters, such as forming new companies, commercial contracts of all types, and general legal issues. He assists companies in adopting [Buy-Sell Agreements](https://azllc.com/bsaq/), which are essential for all valuable companies because they contain the owners’ exit strategy after a death, disability, or other triggering event. He has extensive experience representing business buyers and sellers, borrowers, and lenders in loan transactions. At one time, Rick was the Arizona attorney for one of the largest banks in the U.S. in connection with its loans secured by Arizona real estate. Rick has represented buyers and sellers of raw land, commercial, residential, office, shopping centers, and industrial real estate, including multi-million dollar securitized loan transactions. Rick is the author and creator of all of the KEYTLaw websites. Rick’s second book is the “***Arizona LLC Operations Manual***,” a 170+ page book he gives to people who buy a Silver or Gold LLC formation package. This book answers the common questions people ask after we form their new LLC.. **How to Make an Appointment with Richard Keyt** To make a free office, phone or Zoom video meeting with Richard Keyt (the father) go to Rick’s [online calendar](https://www.keytlaw.com/calendar) and book a meeting. **Office Address:** KEYTLaw, L.L.C 7373 E. Doubletree Ranch Road, Suite 135 Scottsdale, AZ 85258 **Martindale Hubbell Rating:** AV, which is the highest rating given by this respected national attorney rating service. **Education:** - New York University School of Law, New York, New York, 1980, L.L.M. masters degree in federal income taxation - University of the Pacific, McGeorge School of Law, Sacramento, California, 1979, J.D., Staff Member and Associate Managing Editor, ***Pacific Law Journal*** - Pennsylvania State University, University Park, Pennsylvania, 1970, B.A., Bachelor of Arts **Former Firms:** - Gallagher & Kennedy, P.A. – Rick was a shareholder in the corporate, transactions, and intellectual property departments of one of the largest law firms in Arizona. - Keyt Lawless Zarkou Cronin & O’Sullivan, P.C. – Rick was a founder and a shareholder in a boutique business law firm. - Keyt & Lawless, P.A.- Rick and his partner of 17 years Tom Lawless started the firm in 1984 right after the birth of the [KEYTLaw Girl](https://www.keytlaw.com/azllclaw/keytlaw-girl/) **Admitted to Practice Law In:** - Arizona, 1979 - U.S. District Court, Arizona 1980 - U.S. Court of Appeals, 9th Circuit, 1980 **Arizona Bar Association Section Memberships:** - Business Law - Probate and Trust Law **Affliations** - [Red River Valley Fighter Pilots Association](http://www.river-rats.org/), [Life Member](https://www.keytlaw.com/images/River%20Rat%20Certificate.gif) - Penn State University Alumni Association, Life Member - Xavier College Preparatory Dads Club, Life Member & Past President - Brophy College Preparatory Dads Club, Life Member - RAMMS Youth Baseball League, former coach, league commissioner, and director - [WealthCounsel](http://www.wealthcounsel.com/) – Member. WealthCounsel is an organization of 5,600+ estate planning attorneys working together as colleagues — not competitors — who have created the premier, cutting-edge document creation system in the estate planning field. **Family:** Married to Carol Keyt since 1972. Carol is KEYTLaw’s bookkeeper. Rick and Carol have three children. They all graduated from Arizona State University. Daughter Kari, the oldest, is a Southwest Airlines flight attendant married to a Southwest Airlines captain. She lives near the Woodlands, Texas, with her husband and two daughters. Son [Ricky](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) graduated from Arizona State University with a degree in accounting. He also has a masters degree in accounting from Notre Dame University. Before attending law school Ricky was a CPA and worked as a tax accountant for a national accounting firm. Ricky graduated with a law degree from the Arizona State University School of Law in May of 2012. He is a member of the Arizona Bar and a KEYTLaw, LLC attorney. Ricky passed the February 2013 California Bar exam and is licensed to practice law in California. He worked as a law clerk for KEYTLaw while in law school. Daughter Katie graduated from Arizona State University with a major in communications. She was Richard’s LLC legal assistant for more than six years after graduating from ASU. Katie is the first [KEYTLaw Girl](https://www.keytlaw.com/azllclaw/keytlaw-girl/) in our Youtube videos from 2012. Katie is the mom of three young children. **Military Experience:** United States Air Force, 1970 – 1976; Honorable discharge as a Captain. [Member](https://www.keytlaw.com/images/River%20Rat%20Certificate.gif) of the [Red River Valley Fighter Pilots Association](http://www.river-rats.org/). [![](https://www.keytlaw.com/azllclaw/wp-content/uploads/F-4E-Drone-Killer-1024x3531.jpg "F-4E-Drone-Killer-1024x353")](https://www.keytlaw.com/azllclaw/wp-content/uploads/F-4E-Drone-Killer-1024x3531.jpg) Rick flew the [F-4 Phantom II](http://www.sharpshooter-maj.com/Images/twtd02/f4006a.jpg) supersonic (mach 2+) fighter bomber for five years in the USAF. The F-4E had a [20mm canon](https://en.wikipedia.org/wiki/M61_Vulcan) (a six-barreled gun capable of firing 6,000 rounds/minute) in the nose. My typical ordinance load in the Vietnam war was 12 [Mark 82 five hundred pound general purpose bombs](https://en.wikipedia.org/wiki/Mark_82_bomb) – 6 on the center line and three under each wing. This was a typical ordinance load for close air support missions in 1972. The outboard stations under the wings carry two 360-gallon external fuel tanks that could be jettisoned if necessary for more range and better maneuverability. Rick flew [combat missions in 1972](https://www.keytlaw.com/images/rkwithf4.jpg) over North Vietnam, South Vietnam & Laos while a member of the [35th Tactical Fighter Squadron](http://www.globalsecurity.org/military/agency/usaf/35fs.htm) stationed at [Korat Royal Thai Air Base](http://www.frontiernet.net/~freitag/Korat/), Thailand. [![](https://www.keytlaw.com/azllclaw/wp-content/uploads/rkwithf4.jpg "rkwithf4")](https://www.keytlaw.com/azllclaw/wp-content/uploads/rkwithf4.jpg) In the picture above, Rick’s right-hand rests on an AIM-9 Sidewinder infrared-guided air-to-air missile, and his left is on a 360-gallon external fuel tank. The yellowish rectangular strips above the wing and on the tail below the JJ are fluorescent lights for night formation flying. [![rick-keyt-f-4](https://www.keytlaw.com/wp-content/uploads/2020/03/IMG_6059.jpg)](https://www.keytlaw.com/attorneys-staff/richard-keyt/img_6059/) Rick sat on nuclear alert as part of the [single integrated operational plan (SIOP)](https://en.wikipedia.org/wiki/Single_Integrated_Operational_Plan) with a one megaton (1,000,000 tons of TNT) nuclear bomb on his F-4 while stationed at [Kunsan Air Base, South Korea](http://www.kunsan.af.mil/), in 1972 – 1973. He also spent time on air defense alert and intercepted many [Russian bombers](https://en.wikipedia.org/wiki/Tupolev_Tu-95) approaching the coast of South Korea. F-4s on alert had to be airborne within ten minutes of being scrambled, which was always an adrenaline-pumping experience. Nothing quite like playing Monopoly or cards with the guys in the alert shack one minute and blasting into the sky five minutes later at 600+ knots in a supersonic jet fighter carrying four [AIM-7 Sparrow](https://en.wikipedia.org/wiki/AIM-7_Sparrow) radar-guided missiles, four [AIM-9 Sidewinder](https://en.wikipedia.org/wiki/AIM-9_Sidewinder) heat-seeking missiles and 700 rounds of 20mm ammunition. Rick was also an F-4 instructor for three years who taught F-4 student pilots and weapons system officers: (i) in the classroom (he taught aircraft general, weapons computer release system & combat mission planning), (ii) in the flight simulator, and (iii) airborne in the F-4 while in the 35th Tactical Fighter Training Squadron at George Air Force Base, California, 1973 – 1976. Twice, Rick picked up brand new F-4s from the McDonnell Douglas factory in St Louis and flew them across the Atlantic Ocean to deliver them to Tehran, Iran, for the Iranian Air Force during the Shah of Iran’s rule in 1974 and 1975. You can read articles Rick wrote about flying the F-4 in combat in the Vietnam War in 1972 on his F-4 website, [Flying the F-4 in Combat](https://www.f-4phantom.com/). You can also see some of my [pictures from the Vietnam War](https://www.f-4phantom.com/rick-keyts-photos/). To learn more about flying the F-4 Phantom, read my articles called: - [F-4 Close Air Support Combat Missions 1972](https://www.f-4phantom.com/f-4-close-air-support-combat-missions/) - [35th Tactical Fighter Squadron MiG Kills](https://www.f-4phantom.com/35th-tactical-fighter-squadron-mig-kills/) - [Four Ship Formation Take-Offs](https://www.f-4phantom.com/takeoffs/) - [Thank You, Martin Baker](https://www.f-4phantom.com/martin-baker-ejection-seat/) - [USAF Officer Training School 1970](https://www.f-4phantom.com/usaf-officer-training-school/) - [College & the Military Draft](https://www.f-4phantom.com/college-the-military-draft/) --- --- ### [Arizona Estate Planning & Probate Lawyer | Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) **Published:** September 20, 2025 **Author:** Richard Keyt **Content:** ## Richard C. Keyt Arizona Estate Planning & LLC Attorney ![Richard C. Keyt](https://www.keytlaw.com/wp-content/uploads/2012/08/rck1205.gif "rck1205 - KEYTLaw") ## Ricky Keyt ![cody](https://www.keytlaw.com/wp-content/uploads/2024/09/rickycody1.jpg "rickycody1 - KEYTLaw") ## Me & Cody, the law dog ![Cody Keyt](https://www.keytlaw.com/wp-content/uploads/2017/11/cody.jpg "- KEYTLaw") ## Cody wants to work ![](https://www.keytlaw.com/wp-content/uploads/2024/09/family4.jpg "family4 - KEYTLaw") ## My parents: Carol & Rick ![](https://www.keytlaw.com/wp-content/uploads/2024/09/bigfamily.jpg "bigfamily - KEYTLaw") ## Cousins: Stevie, Kaia, Ellie & Bodie, my sisters Katie & Kari & my Mom **Contact Information:** Direct Phone: 480-664-7472 Fax: 602-297-6890 Email: Richard C. Keyt (Ricky) is an Arizona wills, trusts, and estate planning attorney who wants to prepare an estate plan that protects your most valuable assets – your loved ones. When people fail to plan, their loved ones pay the price and suffer the consequences. If you are an Arizona resident, go to our [online calendar](https://www.keytlaw.com/calendar) to book a free office, phone, or Zoom video meeting with Richard to get answers to your questions and design your custom estate plan. Learn [Who Inherits Property of an Arizona Resident Who Dies without a Will or a Trust](https://www.arizona-wills.com/intestate-succession/) and take our short online quiz called [Who Inherits Your Property](https://www.arizona-wills.com/inherits/). Get Richard’s free article called “[13 Reasons Why You Need an Estate Plan](https://keytlaw.com/free-articles)*.”* Read the [36 documents & services](https://keytlaw.com/ep-contents) in our estate plans or watch our [video that describes the contents](https://youtu.be/r92ZYHQWScU?si=OFQt-lzTsYVquch0). Attorney Richard C. Keyt also practices business law, real estate law, and contract law. He also forms LLCs and nonprofit corporations. Ricky was a lecturer on Arizona LLCs at Arizona Summit Law School. Ricky is licensed to practice law in Arizona and California. He is a former Arizona Certified Public Accountant who worked for a national accounting firm for three years before attending Arizona State University’s law school. Ricky’s father is [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/), the founder of KEYTLaw, LLC, and an Arizona attorney. Ricky co-authored a book called “[***Family Asset Protection,***](https://www.azestateplans.com/)” which people say is a great way to learn about Wills, Trusts, and estate planning. This free eBook is full of helpful illustrations. Its purpose is to teach people how to **protect their most valuable asset—their loved ones—**from their death or incapacity. **How to Make an Appointment with Richard C. Keyt** To make a free office, phone or Zoom video meeting with Richard C. Keyt (the son) go to Ricky’s [online calendar and make the appointment](https://www.keytlaw.com/calendar). **Scottsdale Office Location:** KEYTLaw, L.L.C 7373 E. Doubletree Ranch Road, Suite 135 Scottsdale, AZ 85258 **Education**: - Arizona State University [Sandra Day O’Connor School of Law](http://www.law.asu.edu/), Tempe, Arizona, J.D. 2012 - [Notre Dame University](http://nd.edu/), South Bend, Indiana, M.S. Accountancy 2006 - [Arizona State University](http://www.asu.edu/), Tempe, Arizona, B.S. Accountancy 2004 **Former Firm**: - [McGladrey, LLP](http://mcgladrey.com/) – Ricky was a CPA for the fifth largest U.S. provider of assurance, tax, and consulting services, with nearly 6,500 professionals and associates in more than 70 offices nationwide. **Affiliations**: - [Arizona State Bar Association](http://www.azbar.org/), Member - [California State Bar Association](http://members.calbar.ca.gov/fal/Member/Detail/296442), Member - [American Institute of CPAs](http://www.aicpa.org/Pages/Default.aspx), Inactive / Former Member - [Wealthcounsel](http://www.wealthcounsel.com/) – Member. WealthCounsel is an organization of 5,200+ estate planning attorneys working together as colleagues — not competitors — who have created the premier, cutting-edge document creation system in the estate planning field. --- ### [Training Videos](https://www.keytlaw.com/training-videos/) **Published:** February 5, 2023 **Author:** Richard Keyt **Content:** ## Office Software Videos ##### Beware of Mailcious Emails ##### How to Set Up Outlook ##### How to Use Outlook ##### How to Enter Data from LLC Q into Time Matters ##### How to Make a Time Matters Phone Record ##### How to Use the Time Matters Calendar ##### How to Enter a Contact in Time Matters ##### How to Save Documents & Emails to Time Matters ##### How to Email Documents from Time Matters ##### TextExpander Demo Video ##### How to Use Textexpander ##### How to Make a Textexpander Snippet ##### Baracudda Email Protection Program ##### How to Enter LLC Info in HotDocs ##### How to Enter Contact / Payment in Keap ## RingCentral Videos Yealink T48S Desk Phone Quick Guide Not a video. It’s a pdf at Making Calls and Checking Voicemails *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Making_Calls_and_Checking_Voicemails.pdf)* Updating your Voicemail Greeting *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCMVP_Updating_Your_Voicemail_Greeting.pdf)* Adding Callers *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Adding_Callers.pdf)* Transferring Calls *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Transferring_Calls.pdf)* Using Call Flip *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Using_Call_Flip.pdf)* Setting Your Phone Preferences *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Setting_Your_Phone_Preferences.pdf)* Starting Audio Conference Calls *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Starting_Audio_Conference_Calls.pdf)* Calling Using the RingOut feature *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Using_RingOut_Through_the_RingCentral_App_for_Mobile.pdf)* Forwarding Voicemail Messages to Email *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCMVP_Forwarding_Voicemail_Messages_to_Email.pdf)* Using the Call Park Feature *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Using_Call_Park.pdf)* Configuring Your Extension's Call Forwarding Settings *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Configuring_Your_Extensions_Call_Handling_Settings.pdf)* Configuring Custom Answering Rules for Your Extension *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Setting_Up_Custom_Answering_Rules_For_Your_Extension.pdf)* Sending Text Messages *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Sending_Text_Messages_20210614_afv_fhdl_v2.pdf)* Sending Messages *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Sending_Team_Messages_20210615_afv_rms_v2.pdf)* Enhanced Messaging: Using the Messaging Toolbar *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Enhanced_Messaging_Using_the_Messaging_Toolbar_20210616_kam_rms_v2.pdf)* Using Personal Folders *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Using_Personal_Folders.pdf)* ## RingCentral App Videos Introduction to the RingCentral app *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Introduction_to_the_RingCental_App_20210614_kam_rms_v2.pdf)* Getting the Most Out of the RingCentral App *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Getting_the_Most_out_of_the_RingCentral_App_20210614_kam_rms_v2.pdf)* Adding Contacts *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Adding_Contacts_20210614_rms_v2.pdf)* Configuring Important Settings in the RingCentral App *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Configuring_Important_Settings_20210614_rms_v2.pdf)* Accessing Your Extension Settings *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Accessing_Your_Extension_Settings_20210614_rms_v2.pdf)* Resetting Your Password *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Resetting_Your_Password_20210614_rms_v2.pdf)* RingCentral App for Mobile – Phone Basics *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Mobile_Basics.pdf)* RingCentral App for Mobile – Message Basics *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Mobile_Basics.pdf)* RingCentral App for Mobile – Video Basics *Watch now or [click to read](https://support.ringcentral.com/content/dam/support/us/en/pdf/get-started/v2/RCA_Mobile_Basics.pdf)* --- ### [Learn Who Inherits Assets of an Arizona Resident Who Dies without a Will](https://www.keytlaw.com/who-inherits/) **Published:** March 25, 2025 **Author:** Richard Keyt **Content:** # Arizona Intestate Succession: Who Inherits Your Assets? Arizona has a law called the Law of Intestate Succession that determines who inherits the assets of an Arizona resident who dies without a Will. The questionnaire below is for an Arizona resident who wants to learn who will inherit the Arizona resident’s assets if he or she dies without a Will or a Trust that disposes of the Arizona resident’s assets. If the wrong person or people would inherit your assets, you must adopt a Will or a Trust that leaves your assets to the right person or people. ## [Will Your Loved Ones Be Protected If Something Were to Happen to You?](https://estate-planning.scoreapp.com/) Arizona residents: Take this free 3-minute [estate planning assessment](https://estate-planning.scoreapp.com/) to uncover how prepared you are to protect your family, assets, and wishes. Get a personalized report that reveals the documents you may be missing, how they protect you and your family, and your next steps to get peace of mind. [ Click to start the free assessment ](https://estate-planning.scoreapp.com/) ## Questionnaire Starts Below - Which Statement Applies to You?(Required) - I am a resident of Arizona. - I am not a resident of Arizona. - This Questionnaire is Only for Arizona Residents(Required) - Sorry, but this questionnaire can only be used for residents of Arizona. - ## Family Information - About Property that Can Be Inherited(Required) - This questionnaire will tell you who will inherit your property if you are an Arizona resident when you die without a Will or a Trust that names who inherits your assets. Property that may be inherited does not include any property that: (i) is owned by you as joint tenants with right of survivorship, (ii) community property with right of survivorship, (iii) is subject to a beneficiary deed or beneficiary vehicle title, or (iv) is subject to a pay on death or transfer on death designation. The property that goes to your heirs under this questionnaire is property that remains in your name after death because it does not transfer automatically to others on your death. - Meaning of Your Property Goes to as Used Herein(Required) - Whenever this questionnaire uses the phrase "your property goes to" or similar wording it means the property goes to who is specified in this questionnaire only if you do not have a Will that specifies who inherits your property. - Your Marital Status(Required) - I am single - I am married - Select the Statement that Applies to You?(Required) - I am single and never had any children or I had one or more children but all of them are deceased and no deceased child has any living descendants. - I am single and have one or more children are are alive now. - I am single and all of my children are deceased, but I have one or more living descendants of my children. - Which Statment is True?(Required) - Both of my parents are alive. - One of my parents is alive. - Both of my parents are deceased. - Your Parents Will Inherit Your Property(Required) - Because you are single and do not have any children or descendants your parents will equally inherit your property not disposed of by a Will if they are alive at the time of your death. If only one parent is alive, that parent will inherit all of your property. If neither of your parents is alive when you die then your property will be inherited equally by your siblings who are alive when you die. If you do not have any living parents or living siblings when you die then your property will be inherited equally by your parents' siblings. - Your Living Parent Will Inherit Your Property(Required) - Because you are single and do not have any children or descendants your sole living parent will inherit all of your property not disposed of by a Will if he or she is alive at the time of your death. If neither of your parents is alive when you die then your property will be inherited equally by your siblings who are alive when you die. If you do not have any living parents or living siblings when you die then your property will be inherited equally by your parents' siblings. - Your Living Siblings Will Inherit Your Property Equally(Required) - Because you are single and do not have any children or descendants and both of your parents are deceased your siblings who are alive at the time of your death will inherit all of your property not disposed of by a Will. If none of your siblings are alive when you die then your property will be inherited equally by your parents' siblings. - Your Children Inherit Your Property Not Disposed of by Your Will(Required) - Because you are single all of your property not disposed of by your Will will be inherited equally by your children who are living at the time of your death. If a child is deceased at the time of your death the share that would have gone to the deceased child will go equally to the children of the deceased child who are alive at the time of your death.. If a child who is deceased at the time of your death has one or more children the share of your property that would have gone to the deceased child will go equally to the children of the deceased child who are alive at the time of your death. - Your Descendants Inherit Your Property Not Disposed of by Your Will(Required) - Because you are single and don't have any living children all of your property not disposed of by your Will will be inherited equally by your grandchildren who are living at the time of your death. If a grandchild is deceased at the time of your death the share that would have gone to the deceased grandchild will go equally to the children of the deceased grandchild who are alive at the time of your death.. If a grandchild who is deceased at the time of your death has one or more children the share of your property that would have gone to the deceased grandchild will go equally to the children of the deceased grandchild who are alive at the time of your death. - Which Statement Applies to You?(Required) - I do not have any children. - I have children all of which are also children of my spouse. - I have one or more children who are not children of my spouse. - Adopted Children Are Children of the Parent Who Adopts(Required) - Arizona Revised Statutes Section 14-2114.A states, "An adopted person is the child of that person's adopting parent or parents and not of the natural parents." - All of Your Property Will Be Inherited by Your Spouse(Required) - If your spouse is alive when you die your all of your separate property and your community property will be inherited by your spouse. If your spouse does not survive you then all of your property will go to your parents if they are alive, but if one is deceased the other will inherit everything. If your spouse and both of your parents do not out live you then your property will be inherited by your siblings equally, but if you do not have any living siblings your property will go equally to your parents' living siblings. - Your Property Will Be Inherited by Your Spouse(Required) - If your spouse is alive when you die all of your separate property and your community property will be inherited by your spouse. If your spouse does not survive you then all of your property will go equally to your children who are living at the time of your death, but if any child does not survive you the share that would have gone to the deceased child will go equally to the children of the deceased child or equally to your living children if a deceased child does not have any children. If your spouse and all of your children do not survive you and your children do not have any living children or grandchildren then your property will go equally to your parents if they are alive, but if one is deceased the other will inherit everything. If your parents would inherit if they were alive, but both of them are deceased then your property will be inherited equally by your siblings who survive you, but if you do not have any living siblings your property will go equally to your parents' living siblings. - Your Property May Be Inherited by Your Spouse & Children Who Are Not Your Spouse's Children(Required) - If your spouse is alive when you die one half of your separate property will be inherited by your spouse, but your spouse will not inherit any of your community property. If your spouse is alive when you die **ALL** of your community property will go equally to your children who are alive, but if any child does not survive you the share that would have gone to the deceased child will go equally to the children of the deceased child or equally to your living children if a deceased child does not have any children. If your spouse does not survive you then all of your property will go equally to your children who are living at the time of your death, but if any child does not survive you the share that would have gone to the deceased child will go equally to the children of the deceased child or equally to your living children if a deceased child does not have any children. If your spouse and all of your children do not survive you and your children do not have any living children or grandchildren then your property will go equally to your parents if they are alive, but if one is deceased the other will inherit everything. If your parents would inherit if they were alive, but both of them are deceased then your property will be inherited equally by your siblings who survive you, but if you do not have any living siblings your property will go equally to your parents' living siblings. - A Common Nightmare Caused by the Lack of a Will(Required) - Consider Homer who has a daughter Jane who he has not spoken to in years who was raised by her mother. Homer is married to Marge and they have one child named Linda. Homer and Marge own their Arizona home as community property, not as community property with right of survivorship. The home is valued at $300,000. Homer also has a $100,000 bank account that is his separate property. Homer dies.Homer's separate property bank account is inherited as follows: (i) Marge gets $50,000, (ii) Jane gets $25,000, and (iii) Linda gets $25,000. Homer's community property interest in the home goes one half to Jane and one half to Linda, which means that the home will be owned one half by Marge, 25 percent by Jane and 25 percent by Linda. If he were alive to see the results of his failure to plan Homer would not be happy. He wants Marge to inherit everything. For that to happen, Homer needs a Will or a Trust that contains his inheritance plan. - 120 Hour Survival Requirement(Required) - Whether a person is considered alive and survives you so as to inherit your property depends on whether the person survives you by 120 hours. Arizona Revised Statutes Section 14-2104 states: "A person who does not survive the decedent by at least one hundred twenty hours is deemed to have predeceased the decedent for purposes of . . . intestate succession, and the decedent's heirs are determined accordingly. . . . If it is not established by clear and convincing evidence that a person who would otherwise be an heir survived the decedent by at least one hundred twenty hours, it is deemed that the individual failed to survive for the required period." - ## Wills, Trusts & Estate Planning Don't harm your loved ones by failing to sign a Will or a Trust that names who inherits your assets if you die. Sign a Will or a Trust now that names your heirs so the State of Arizona won't give any of your assets to the wrong person or people. We are Wills, Trusts & estate planning attorneys. We want to help you protect your most valuable assets - your loved ones. - 3 Steps to Hire Us to Do Your Estate Plan(Required) - Below we've listed the 3 preliminary steps to get an estate plan. You do not have to pay us anything unless you actually hire us after your free estate plan meeting. - Step 1: Book a Free Office, Phone or Zoom Video Meeting(Required) - Book a free office, phone or Zoom video meeting to get answers to your questions about Wills, Trusts & estate planning by going to "[our online calendar](https://www.keytlaw.com/calendar/)." - Step 2: See the 36 Documents & Services You Get if You Buy Our Estate Plan with a Revocable Living Trust(Required) - See the [the fee & the 36 documents & services ](https://www.keytlaw.com/ep-contents)in our estate plan with a revocable living trust. - Step 3: Our Estate Plan Questionnaire(Required) - Submit Our Online [Estate Planning Questionnaire](https://www.keytlaw.com/epq). - How to Get a Copy of this Quiz - Enter your name and email below then click on the submit button and we will send you an email that has your quiz results. - Name First Last - Email Enter email address Confirm email address Submit - Which Statement Applies to You?(Required) - I am a resident of Arizona. - I am not a resident of Arizona. - This Questionnaire is Only for Arizona Residents(Required) - Sorry, but this questionnaire can only be used for residents of Arizona. - ## Family Information - About Property that Can Be Inherited(Required) - This questionnaire will tell you who will inherit your property if you are an Arizona resident when you die without a Will or a Trust that names who inherits your assets. Property that may be inherited does not include any property that: (i) is owned by you as joint tenants with right of survivorship, (ii) community property with right of survivorship, (iii) is subject to a beneficiary deed or beneficiary vehicle title, or (iv) is subject to a pay on death or transfer on death designation. The property that goes to your heirs under this questionnaire is property that remains in your name after death because it does not transfer automatically to others on your death. - Meaning of Your Property Goes to as Used Herein(Required) - Whenever this questionnaire uses the phrase "your property goes to" or similar wording it means the property goes to who is specified in this questionnaire only if you do not have a Will that specifies who inherits your property. - Your Marital Status(Required) - I am single - I am married - Select the Statement that Applies to You?(Required) - I am single and never had any children or I had one or more children but all of them are deceased and no deceased child has any living descendants. - I am single and have one or more children are are alive now. - I am single and all of my children are deceased, but I have one or more living descendants of my children. - Which Statment is True?(Required) - Both of my parents are alive. - One of my parents is alive. - Both of my parents are deceased. - Your Parents Will Inherit Your Property(Required) - Because you are single and do not have any children or descendants your parents will equally inherit your property not disposed of by a Will if they are alive at the time of your death. If only one parent is alive, that parent will inherit all of your property. If neither of your parents is alive when you die then your property will be inherited equally by your siblings who are alive when you die. If you do not have any living parents or living siblings when you die then your property will be inherited equally by your parents' siblings. - Your Living Parent Will Inherit Your Property(Required) - Because you are single and do not have any children or descendants your sole living parent will inherit all of your property not disposed of by a Will if he or she is alive at the time of your death. If neither of your parents is alive when you die then your property will be inherited equally by your siblings who are alive when you die. If you do not have any living parents or living siblings when you die then your property will be inherited equally by your parents' siblings. - Your Living Siblings Will Inherit Your Property Equally(Required) - Because you are single and do not have any children or descendants and both of your parents are deceased your siblings who are alive at the time of your death will inherit all of your property not disposed of by a Will. If none of your siblings are alive when you die then your property will be inherited equally by your parents' siblings. - Your Children Inherit Your Property Not Disposed of by Your Will(Required) - Because you are single all of your property not disposed of by your Will will be inherited equally by your children who are living at the time of your death. If a child is deceased at the time of your death the share that would have gone to the deceased child will go equally to the children of the deceased child who are alive at the time of your death.. If a child who is deceased at the time of your death has one or more children the share of your property that would have gone to the deceased child will go equally to the children of the deceased child who are alive at the time of your death. - Your Descendants Inherit Your Property Not Disposed of by Your Will(Required) - Because you are single and don't have any living children all of your property not disposed of by your Will will be inherited equally by your grandchildren who are living at the time of your death. If a grandchild is deceased at the time of your death the share that would have gone to the deceased grandchild will go equally to the children of the deceased grandchild who are alive at the time of your death.. If a grandchild who is deceased at the time of your death has one or more children the share of your property that would have gone to the deceased grandchild will go equally to the children of the deceased grandchild who are alive at the time of your death. - Which Statement Applies to You?(Required) - I do not have any children. - I have children all of which are also children of my spouse. - I have one or more children who are not children of my spouse. - Adopted Children Are Children of the Parent Who Adopts(Required) - Arizona Revised Statutes Section 14-2114.A states, "An adopted person is the child of that person's adopting parent or parents and not of the natural parents." - All of Your Property Will Be Inherited by Your Spouse(Required) - If your spouse is alive when you die your all of your separate property and your community property will be inherited by your spouse. If your spouse does not survive you then all of your property will go to your parents if they are alive, but if one is deceased the other will inherit everything. If your spouse and both of your parents do not out live you then your property will be inherited by your siblings equally, but if you do not have any living siblings your property will go equally to your parents' living siblings. - Your Property Will Be Inherited by Your Spouse(Required) - If your spouse is alive when you die all of your separate property and your community property will be inherited by your spouse. If your spouse does not survive you then all of your property will go equally to your children who are living at the time of your death, but if any child does not survive you the share that would have gone to the deceased child will go equally to the children of the deceased child or equally to your living children if a deceased child does not have any children. If your spouse and all of your children do not survive you and your children do not have any living children or grandchildren then your property will go equally to your parents if they are alive, but if one is deceased the other will inherit everything. If your parents would inherit if they were alive, but both of them are deceased then your property will be inherited equally by your siblings who survive you, but if you do not have any living siblings your property will go equally to your parents' living siblings. - Your Property May Be Inherited by Your Spouse & Children Who Are Not Your Spouse's Children(Required) - If your spouse is alive when you die one half of your separate property will be inherited by your spouse, but your spouse will not inherit any of your community property. If your spouse is alive when you die **ALL** of your community property will go equally to your children who are alive, but if any child does not survive you the share that would have gone to the deceased child will go equally to the children of the deceased child or equally to your living children if a deceased child does not have any children. If your spouse does not survive you then all of your property will go equally to your children who are living at the time of your death, but if any child does not survive you the share that would have gone to the deceased child will go equally to the children of the deceased child or equally to your living children if a deceased child does not have any children. If your spouse and all of your children do not survive you and your children do not have any living children or grandchildren then your property will go equally to your parents if they are alive, but if one is deceased the other will inherit everything. If your parents would inherit if they were alive, but both of them are deceased then your property will be inherited equally by your siblings who survive you, but if you do not have any living siblings your property will go equally to your parents' living siblings. - A Common Nightmare Caused by the Lack of a Will(Required) - Consider Homer who has a daughter Jane who he has not spoken to in years who was raised by her mother. Homer is married to Marge and they have one child named Linda. Homer and Marge own their Arizona home as community property, not as community property with right of survivorship. The home is valued at $300,000. Homer also has a $100,000 bank account that is his separate property. Homer dies.Homer's separate property bank account is inherited as follows: (i) Marge gets $50,000, (ii) Jane gets $25,000, and (iii) Linda gets $25,000. Homer's community property interest in the home goes one half to Jane and one half to Linda, which means that the home will be owned one half by Marge, 25 percent by Jane and 25 percent by Linda. If he were alive to see the results of his failure to plan Homer would not be happy. He wants Marge to inherit everything. For that to happen, Homer needs a Will or a Trust that contains his inheritance plan. - 120 Hour Survival Requirement(Required) - Whether a person is considered alive and survives you so as to inherit your property depends on whether the person survives you by 120 hours. Arizona Revised Statutes Section 14-2104 states: "A person who does not survive the decedent by at least one hundred twenty hours is deemed to have predeceased the decedent for purposes of . . . intestate succession, and the decedent's heirs are determined accordingly. . . . If it is not established by clear and convincing evidence that a person who would otherwise be an heir survived the decedent by at least one hundred twenty hours, it is deemed that the individual failed to survive for the required period." - ## Wills, Trusts & Estate Planning Don't harm your loved ones by failing to sign a Will or a Trust that names who inherits your assets if you die. Sign a Will or a Trust now that names your heirs so the State of Arizona won't give any of your assets to the wrong person or people. We are Wills, Trusts & estate planning attorneys. We want to help you protect your most valuable assets - your loved ones. - 3 Steps to Hire Us to Do Your Estate Plan(Required) - Below we've listed the 3 preliminary steps to get an estate plan. You do not have to pay us anything unless you actually hire us after your free estate plan meeting. - Step 1: Book a Free Office, Phone or Zoom Video Meeting(Required) - Book a free office, phone or Zoom video meeting to get answers to your questions about Wills, Trusts & estate planning by going to "[our online calendar](https://www.keytlaw.com/calendar/)." - Step 2: See the 36 Documents & Services You Get if You Buy Our Estate Plan with a Revocable Living Trust(Required) - See the [the fee & the 36 documents & services ](https://www.keytlaw.com/ep-contents)in our estate plan with a revocable living trust. - Step 3: Our Estate Plan Questionnaire(Required) - Submit Our Online [Estate Planning Questionnaire](https://www.keytlaw.com/epq). - How to Get a Copy of this Quiz - Enter your name and email below then click on the submit button and we will send you an email that has your quiz results. - Name First Last - Email Enter email address Confirm email address Submit --- ### [Learn Who Inherits Assets of a Deceased Arizona Resident](https://www.keytlaw.com/ep-intestate-succession/) **Published:** September 9, 2023 **Author:** Richard Keyt **Content:** ## Who Inherits Assets of an Arizona Resident Who Dies without a Will or Trust? by Arizona attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father) and [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky, the son) When a person dies, the property and assets they own must go somewhere. If they die with a will or trust, their property will pass according to their express wishes. However, if they failed to create a will or trust, their property will pass via the Arizona laws of intestate succession. Basically, this means that if you don’t create a will, the state will create one for you. For Arizona residents, the laws that determine who inherits the property of a deceased Arizona resident are called the laws of intestate succession. ## Take Our Who Inherits Your Property Test If you are an Arizona resident or your loved one is an Arizona resident, take our online [Who Inherits Your Property](https://www.keytlaw.com/who-inherits/) test to determine who will inherit the property of an Arizona resident who dies without a will or a trust. ## Intestate Succession The first thing a state probate court will look at is whether the decedent (the person who died) was married. Note that when a married Arizona resident dies, he or she has two types of property that pass: all of the decedent’s separate property and the decedent’s one-half of the community property. 1\. If the decedent was married and had no surviving descendants (children, grandchildren, etc.), all of the decedent’s separate property and the decedent’s entire one-half interest in community property passes to the surviving spouse. 2\. If the decedent was married and had surviving descendants who are all descendants of the surviving spouse, all of the decedent’s separate property and the decedent’s entire one-half interest in community property passes to the surviving spouse. 3\. If the decedent was married and had surviving descendants, one or more of whom are not descendants of the surviving spouse, one-half of the decedent’s separate property will pass to the surviving spouse, and one-half of the separate property and decedent’s entire one-half interest in the community property passes to the decedent’s descendants. If you are not married, or if your spouse predeceased you, your property will go to your descendants per capita at each generation. Per capita at each generation means that the shares of the decedent’s property to be passed are determined by the number of descendants at each level. If you have three children and at your death, at least one of them is still alive, your property will be divided into three equal shares, one for each child. If one or two of your three children pass away before you, but that child left his or her children, your estate will still be divided up into three equal shares, one for each of your children. Your children who are still alive will each receive a one-third share. The remaining one-third share(s) that would have gone to your children had they not predeceased you are now pooled and distributed equally to your deceased children’s children. Consider the following examples: 1\. When Dave dies, he has three living children: Craig, Cindy, and Casey. They will each receive one-third of Dave’s property. 2\. However, suppose that Craig passed away before his father, Dave, leaving three living children, Greg, Peg, and Meg. In that situation, when Dave dies, Dave’s living children, Cindy and Casey, will each inherit one-third of Dave’s property, and Craig’s children, Greg, Peg, and Meg, will each inherit one-ninth of Dave’s property. Since Dave had surviving children, the shares were determined by the number of children. Three children, three equal shares. 3\. Now suppose that Cindy also passed away before Dave, but is survived by her child Mindy. Now, when Dave dies, Dave’s living child Casey will inherit one third of Dave’s property. Craig’s children, Greg, Peg, and Meg, will each inherit one-sixth of Dave’s property. Cindy’s child, Mindy, will also inherit one-sixth of Dave’s property. Again, since Dave had surviving children, the shares were determined by the number of children. Since Craig and Cindy predeceased Dave, their respective one-third shares are combined and split equally between their children. This means that Craig’s three children and Cindy’s one child will each inherit equal shares of Craig and Cindy’s combined two-thirds share. 4\. Finally, let’s suppose that all of Dave’s children pass away before Dave. Casey was also survived by children Stacey and Tracey. Since Dave has no surviving children, we move to the next level, where there are surviving descendants, including Dave’s grandchildren. Now, each of Dave’s six grandchildren inherits a one-sixth share of Dave’s property. But what if you’re not married and don’t have any descendants? Then your property goes to your parents. If both of your parents are surviving, then one half of your assets go to each of your parents equally. If only one parent survives, then all your property goes to your surviving parent. If your parents are not surviving, then your property will pass to your parents’ descendants per capita at each generation. This includes your siblings and any half-siblings you may have. For example, if Doug passes away but is survived by his brother and sister, Barry and Sally, Barry and Sally would each inherit one-half of Doug’s property. If Barry passed away before Doug and was survived by two children, Larry and Harry, Doug’s sister Sally would receive one-half of Doug’s property, and Barry’s children would each receive a one-fourth share. If you have no surviving descendant, parent, or descendant of a parent, your property will pass to your surviving grandparents, if any, or your grandparents’ descendants. Half of your property will be allocated to your paternal grandparents and half to your maternal grandparents. If both grandparents are alive on either side (paternal or maternal), then the entire one-half share will be split equally between the grandparents. If one of the grandparents is deceased, the surviving grandparent will receive the entire one-half share. If neither grandparent is alive, the one-half share will be split per capita between the grandparents’ descendants per generation. Finally, if no one is qualified to claim your property under any of the rules discussed above, your property will pass to the State of Arizona. ![](https://www.keytlaw.com/wp-content/uploads/elementor/thumbs/bigstock-Portrait-of-Happy-Family-In-Pa-13909304-rfx88ve0qvvengvvt5peloh7vkkod91f5zw7kjyahm.jpg) ## What Our Estate Plan Can Do to Protect Your Loved Ones Failing to plan ahead can have some serious unintended consequences. When Hollywood legend James Dean died tragically at the age of 29, his property was passed via the state’s laws of intestate succession since he didn’t have a will or trust. The result was that James’ father inherited his entire estate despite abandoning James as a child. Currently, the licensing fees of James’s intellectual property assets generate $1 million to $3 million annually for his father, who abandoned him. People often make the mistake of thinking that they don’t need an estate plan because their property will automatically pass to their spouse and then to their children. While that may happen in some cases, it is not guaranteed by any means. The shape of the typical American family has changed dramatically in the last 50 years. Today, between 52% and 62% of first marriages end in divorce. About 75% of divorced people remarry, and 65% of those who remarry have children from the previous marriage. In addition, over 40% of American adults have at least one step-relative, like a step-son or step-daughter from a spouse’s prior relationship. For people with these types of blended families, relying on the laws of intestate succession can be dangerous. If a person dies and leaves a surviving spouse and children, all of the decedent’s property passes to the surviving spouse as long as the children are all children of the surviving spouse. However, if the children are not all children of the surviving spouse, your surviving spouse will only get one-half of your separate property. The other half of your separate property and your entire one-half interest in the community property will go to your children. This means that if a person has one or more children from a prior marriage or other relationship, their surviving spouse will not inherit their entire estate. In most cases, the bulk of the decedent’s property will actually pass directly to the children. Even worse, there is no provision in the laws of intestate succession that provides for any property to go to step-children. So, if a person who has step-children dies without a will or trust, their step-children will inherit nothing. The only way to prevent these things from happening and ensure that your property is distributed according to your wishes – not the state’s – is to create a will or a trust. With a will, the probate court will not need to look to the laws of intestate succession because your express wishes are written down and known to everybody. In addition, a will is a critical document if you have minor children, as a will is the only place you can name a guardian for your children. You can also name a conservator for your minor children, who will handle your children’s assets and financial affairs until the children. In addition, you, not the probate court, can decide who will handle your estate after your death and collect and distribute your property. Finally, if you want to give your property to people who wouldn’t typically inherit under the laws of intestate succession, making a will or a trust is the only way to accomplish that goal. To learn more about Arizona wills, see my article entitled [What is a Will?](https://www.arizona-wills.com/what-is-will/) ## 36 Documents & Services in Our Custom Estate Plan Our estate plan with a revocable living trust is $3,497 for one person and $4,497 for a married couple. People who bought our Gold LLC formation package within four months of the date they paid for their estate plan get a $1,000 discount. Our estate plan includes a revocable living trust that provides that the assets in your trust pass automatically on your death (or on the death of both spouses if you are married) to your heirs named in the trust agreement. For an additional $1,000 your trust can create an [irrevocable beneficiary-controlled asset-protected](https://www.keytlaw.com/ep-apt)[ trust](https://www.keytlaw.com/ep-apt) for each of your heirs and their descendants. These optional trusts provide that your heirs’ inherited assets will be protected for life from their creditors, ex-spouses, and bankruptcy courts. Each heir’s trust is also a “**dynasty trust**” that creates a trust for your heir’s children on the heir’s death. See “[A Smart Option for Transferring Wealth Through Generations: The Dynasty Trust](https://www.kiplinger.com/retirement/estate-planning/603546/a-smart-option-for-transferring-wealth-through-generations-the).” ## Book a Free No Obligation Estate Plan Consultation Adopt an estate plan with a trust now and get peace of mind that your loved ones are protected. The first step to protect your assets and ensure they go to your desired heir(s) is to book a free office, phone, or Zoom video consultation with one of our estate planning attorneys. During this no-obligation meeting, they will answer your questions and design your estate plan. Make a free appointment with: - [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father) text or call 24/7 at 480-664-7478 or go to his [online calendar](https://www.keytlaw.com/rk). See Rick’s [virtual business card](https://poplme.co/hash/QB9KVu0Z/1/es). - [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky, the son) text or call at 480-664-7472 or go to his [online calendar](https://www.keytlaw.com/rck). ## How to Buy Our Estate Plan: - **Step 1**: See the 36 [documents and services](https://www.keytlaw.com/ep-contents) in our estate plan with a revocable living trust. - **Step 2**: Make an [appointment](https://www.keytlaw.com/calendar) for a free office, phone or Zoom video consultation with one of our estate planning attorneys to answer your questions and design your estate plan. - **Step 3**: Complete and submit our [Estate Plan questionnaire](https://www.keytlaw.com/epq/). - **Step 4**: Attend your free consultation - **Step 5**: Sign your estate plan documents approximately one week after your consultation The total time will be one to two weeks. ![](https://www.keytlaw.com/wp-content/uploads/2025/12/bigstock-Extended-Group-Portrait-Of-Fam-13915559.jpg "- KEYTLaw") [ Book a Free Estate Plan Consultation ](https://www.keytlaw.com/calendar/) ## Warning for Arizona Residents The State of Arizona has a law that specifies who inherits the assets of an Arizona resident who dies without a will or a trust. **This law may cause your assets to be inherited by the wrong person or people if you don’t have a will or a trust**. To learn who will inherit your assets if you die without a will or a trust see my article called “[Who Inherits Your Property If You Die without a Will or a Trust](https://www.arizona-wills.com/intestate-succession/)” and take my short online quiz called “[Who Inherits Your Property](https://www.arizona-wills.com/inherits/).” If the wrong person or people would inherit your assets, you need to hire us to prepare a will or a trust that leaves your assets to the person or people you want to inherit the assets, not to the people Arizona gives your property to. ## Why You Need an Estate Plan with a Trust See our article, “[15 Benefits of Having an Estate Plan with a Revocable Living Trust](https://www.keytlaw.com/benefits/).” Learn the [36 documents and services](https://www.keytlaw.com/ep-contents/) you will get if you hire us to prepare your estate plan with a revocable living trust. ## Book a Free Consultation The first step to protect your assets and ensure they go to your desired heir(s) is to book a free office, phone or Zoom video consultation with one of our estate planning attorneys. During this no-obligation meeting, they will answer your questions and design your estate plan. Make a free appointment with: - [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father) text or call 24/7 at 480-664-7478 or go to his [online calendar](https://www.keytlaw.com/rk). See Rick’s [virtual business card](https://poplme.co/hash/QB9KVu0Z/1/es). - [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky, the son) text or call at 480-664-7472 or go to his [online calendar](https://www.keytlaw.com/rck). ## Steps to Hire Us 1\. Have your free consultation with one of Keyts. 2\. Complete our online [estate plan questionnaire](https://www.keytlaw.com/epq). When you submit the questionnaire our system will send an email message to you and to us that contains all the information you entered into the questionnaire. 3\. Attend your free estate plan consultation. 4\. Come to our office to sign your documents before two witnesses and a notary. The total time from start to signed documents is one to two weeks. ![](https://www.keytlaw.com/wp-content/uploads/2025/12/bigstock-Portrait-of-Happy-Family-In-Pa-13909304-768x512.jpg "- KEYTLaw") ## What Our Estate Plan Can Do to Protect Your Loved Ones Failing to plan ahead can have some serious unintended consequences. When Hollywood legend James Dean died tragically at the age of 29, his property was passed via the state’s laws of intestate succession since he didn’t have a will or trust. The result was that James’ father inherited his entire estate despite abandoning James as a child. Currently, the licensing fees of James’s intellectual property assets generate $1 million to $3 million annually for his father, who abandoned him. People often make the mistake of thinking that they don’t need an estate plan because their property will automatically pass to their spouse and then to their children. While that may happen in some cases, it is not guaranteed by any means. The shape of the typical American family has changed dramatically in the last 50 years. Today, between 52% and 62% of first marriages end in divorce. About 75% of divorced people remarry, and 65% of those who remarry have children from the previous marriage. In addition, over 40% of American adults have at least one step-relative, like a step-son or step-daughter from a spouse’s prior relationship. For people with these types of blended families, relying on the laws of intestate succession can be dangerous. If a person dies and leaves a surviving spouse and children, all of the decedent’s property passes to the surviving spouse as long as the children are all children of the surviving spouse. However, if the children are not all children of the surviving spouse, your surviving spouse will only get one-half of your separate property. The other half of your separate property and your entire one-half interest in the community property will go to your children. This means that if a person has one or more children from a prior marriage or other relationship, their surviving spouse will not inherit their entire estate. In most cases, the bulk of the decedent’s property will actually pass directly to the children. Even worse, there is no provision in the laws of intestate succession that provides for any property to go to step-children. So, if a person who has step-children dies without a will or trust, their step-children will inherit nothing. The only way to prevent these things from happening and ensure that your property is distributed according to your wishes – not the state’s – is to create a will or a trust. With a will, the probate court will not need to look to the laws of intestate succession because your express wishes are written down and known to everybody. In addition, a will is a critical document if you have minor children, as a will is the only place you can name a guardian for your children. You can also name a conservator for your minor children, who will handle your children’s assets and financial affairs until the children. In addition, you, not the probate court, can decide who will handle your estate after your death and collect and distribute your property. Finally, if you want to give your property to people who wouldn’t typically inherit under the laws of intestate succession, making a will or a trust is the only way to accomplish that goal. To learn more about Arizona wills, see my article entitled [What is a Will?](https://www.arizona-wills.com/what-is-will/) ## 36 Documents & Services in Our Custom Estate Plan Our estate plan with a revocable living trust is $3,497 for one person and $4,497 for a married couple. People who bought our Gold LLC formation package within four months of the date they paid for their estate plan get a $1,000 discount. Our estate plan includes a revocable living trust that provides that the assets in your trust pass automatically on your death (or on the death of both spouses if you are married) to your heirs named in the trust agreement. For an additional $1,000 your trust can create an [irrevocable beneficiary-controlled asset-protected](https://www.keytlaw.com/ep-apt)[ trust](https://www.keytlaw.com/ep-apt) for each of your heirs and their descendants. These optional trusts provide that your heirs’ inherited assets will be protected for life from their creditors, ex-spouses, and bankruptcy courts. Each heir’s trust is also a “**dynasty trust**” that creates a trust for your heir’s children on the heir’s death. See “[A Smart Option for Transferring Wealth Through Generations: The Dynasty Trust](https://www.kiplinger.com/retirement/estate-planning/603546/a-smart-option-for-transferring-wealth-through-generations-the).” --- ### [About](https://www.keytlaw.com/about/) **Published:** September 20, 2025 **Author:** Richard Keyt **Content:** ## About KEYTLaw, LLC **KEYTLaw, LLC**, is a law firm located in Scottsdale, Arizona. The firm’s attorneys are [H. Richard Keyt, JD, LL.M (taxation)](https://www.keytlaw.com/richard-keyt/ "Arizona attorney Richard Keyt's resume") and his son former CPA [Richard C. Keyt, JD, M.S. (accounting)](https://www.keytlaw.com/richard-c-keyt). The firm also has four legal assistants. ## **Areas of Practice** - Preparing [wills, trusts & estate plans](https://www.keytlaw.com/arizona-wills-trusts-articles/) and assisting our clients in creating life-time asset protected trusts for their loved ones after death. See the 36 [documents and services](https://www.keytlaw.com/ep-contents) in our estate plan with a revocable living trust. - Forming [Arizona limited liability companies](https://www.keytlaw.com/arizona-llc-guide/) that protect their owners from liablities arising from a business or rental property. We’ve formed 10,000+ Arizona LLCs. See the contents and prices of our [three LLC formation packages](https://azllc.com/contents). - Submit our [LLC formation questionnaire](https://azllc.com/llcq) to hire us to form your Arizona LLC. - Preparing documents to add or remove one or more members of Arizona LLCs. See our [member change questionnaire](https://azllc.com/changeq/). - [Preparing custom Operating Agreements](https://azllc.com/oaq/) for Arizona LLCs. - [Preparing special warranty deeds and beneficiary deeds](https://www.keytlaw.com/arizona-deed-preparation/) that transfer Arizona real estate to trusts and LLCs. - Forming Arizona nonprofit corporations: 500+ formed. Submit our [nonprofit corporation formation questionnaire](https://www.keytlaw.com/nonprofitcorporations/questionnaire/). - Terminating Arizona LLCs and nonprofit corporations. Submit our [LLC termination questionnaire](https://www.keytlaw.com/azllclaw/termination-questionnaire/). - Registering non-Arizona LLCs and corporations to do business in Arizona. Submit our [foreign registration questionnaire](https://www.keytlaw.com/azllclaw/foreign-llc-q/). - Preparing and reviewing contracts including contracts to buy, sell & lease the following types of real property: residential homes, commercial, office, industrial, shopping centers & apartments. - [Preparing and Filing IRS Form 1023](https://www.aznonprofitcorp.com/1023-2/), the application to become a tax-exempt 501(c)(3) charity. - Representing people who become the personal representative of the estate of a deceased Arizona resident in a Superior Court probate. See our [probate information page](https://www.keytlaw.com/arizona-probate-attorney/). - [Representing buyers and sellers](https://www.keytlaw.com/azllclaw/bq/) of Arizona businesses. - Preparing and reviewing prenuptial & post nuptial agreements. Submit our [prenuptial & post nuptial agreement questionnaire](https://www.arizona-wills.com/paq/). ## Our Attorneys ![](https://www.keytlaw.com/wp-content/uploads/2014/08/IMG_6317-web-Rick-Carol-300x252.jpg "IMG_6317---web-Rick-Carol - KEYTLaw") ## [Richard Keyt](https://www.keytlaw.com/richard-keyt) ## Estate Plannning & LLC Attorney ![](https://www.keytlaw.com/wp-content/uploads/2014/08/Ricky-0801.jpg "Ricky 0801 - KEYTLaw") ## [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) ## Estate Planning, Probate & LLC Attorney [Richard Keyt, JD, LL.M (taxation)](https://www.keytlaw.com/richard-keyt/ "Arizona attorney Richard Keyt's resume"): Rick is a Scottsdale estate planning attorney who prepares wills, trusts and estate plans to protect people’s most valuable assets – their loved ones. Rick provides all of the legal services listed above. [Click to go to Richard’s Digital Business Card](https://poplme.co/hash/QB9KVu0Z/1/es) Call Rick at 480-664-7478 or send him an email at rk@keytlaw.com. Schedule a free office, phone or Zoom video appointment using Rick’s [online calendar](https://www.keytlaw.com/calendar). [Richard Keyt, JD, M.S. Accounting)](https://www.keytlaw.com/richard-keyt/ "Arizona attorney Richard Keyt's resume"): Like his father Ricky is a Scottsdale estate planning attorney who prepares wills, trusts and estate plans to protect people’s most valuable assets – their loved ones. Ricky forms Arizona nonprofit corporations for companies that want to become 501(c)(3) tax-exempt charities. Ricky also represents personal representatives in Arizona probates. Call Ricky at 480-664-7472 or send him an email at rck@keytlaw.com. You can schedule a free office, phone or Zoom video appointment using Ricky’s [online calendar](https://www.keytlaw.com/calendar). --- ### [Calendar](https://www.keytlaw.com/calendar/) **Published:** September 20, 2025 **Author:** Richard Keyt **Content:** # Book a Free Arizona Estate Planning or Business Meeting | KEYTLaw ## Book a Meeting with an Arizona Attorney Book a free office, phone or Zoom video meeting with Arizona attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick at 480–664-7478 & rk@keytlaw.com) or his son former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480–664-7472 & rck@keytlaw.com). Office meetings are at 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, Arizona. **Estate Plan Meeting with [Rick Keyt](https://www.keytlaw.com/richard-keyt/) (the father)** - [Office meeting](https://rkepofficeconsult.apptoto.com/) - [Phone meeting](https://www2.apptoto.com/b/rkepphone/) - [Zoom video meeting](https://rkzoomvideo.apptoto.com/) **Estate Plan Meeting with** **[Ricky Keyt](https://www.keytlaw.com/richard-c-keyt) (the son)** - [Office meeting](https://rckofficeep.apptoto.com/) - [Phone meeting](https://rckepphone.apptoto.com/) - [Zoom video meeting](https://rckzoommeeting.apptoto.com/) **Meet with [Ricky Keyt](https://www.keytlaw.com/richard-c-keyt) (the son)** - [Office meeting](https://rckofficeep.apptoto.com/) - [Phone meeting](https://rckphonecall.apptoto.com/) - Zoom video meeting **Meet with [Rick Keyt](https://www.keytlaw.com/richard-keyt/) (the father)** - [Office meeting](https://rkoffice.apptoto.com/) - [Phone meeting](https://www2.apptoto.com/b/rkphonecall) - [Zoom video meeting](https://rckzoommeeting.apptoto.com/) **Estate Plan Signing Meeting with [Ricky Keyt](https://www.keytlaw.com/richard-c-keyt) (the son)** - [Office Meeting](https://www2.apptoto.com/b/rckepsign/) ## Arizona Residents Warning: Learn Who'll Inherit Your Assets If You Die with no Will or Trust The State of Arizona has a law that determines who inherits the assets of people who die without a will or a trust. This law may cause your assets to be inherited by the wrong person or people. See my article called [Who Inherits Your Property If You Die without a Will or a Trust](https://www.keytlaw.com/ep-intestate-succession/) and take my short online quiz called [Who Inherits Your Property](https://www.keytlaw.com/who-inherits/). If the wrong person or people were to inherit your assets, the solution to this problem is for you to hire us to prepare a will or a trust that leaves your assets to the person or people you want to inherit the assets. **Steps to Hire the Keyts to Prepare Your Estate Plan** 1\. See the fees and the [36 documents & services](https://www.keytlaw.com/ep-contents) of our estate plan with a revocable living trust. The primary reason people buy a revocable living trust is that they want to create a beneficiary-controlled asset-protected trust for each of their loved ones so the inherited assets are asset-protected and can never be reached by the loved one’s creditors, ex-spouses, or a bankruptcy court. 2\. Make an appointment with one of Keyts for your free estate planning consultation. You can meet in our office via phone or via a Zoom video conference. The meetings typically last 45 – 90 minutes. We are located at 7373 E. Doubletree Ranch Road, Suite 135 in Scottsdale. We are one mile south of Shea Blvd. and one block east of Scottsdale Road on the south side of Gainey Ranch. 3\. Complete our online [estate plan questionnaire](https://www.keytlaw.com/epq). When you submit the questionnaire, our system will send you and us an email containing all the information you entered. 4\. Meet with us for your free estate plan consultation. 5\. After your meeting, you have the option to hire or not hire us. 6\. If you hire us, then you will come to our office a week or two after your estate plan meeting to sign your documents in front of two witnesses and a notary. The total time from start to signed documents for an estate plan is one to two weeks. ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [template](https://www.keytlaw.com/template-2/) **Published:** May 24, 2026 **Author:** Richard Keyt **Content:** ## a [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## a a ## **About the Authors** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick) is an Arizona estate planning and LLC attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at and the fee and the [36 documents & services](https://www.keytlaw.com/ep-contents) in their estate plan. ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Mesa, AZ LLC Formation Attorneys](https://www.keytlaw.com/mesa-az-llc-formation-attorneys/) **Published:** June 28, 2025 **Author:** Richard Keyt **Content:** **Forming an LLC in Arizona comes with vital benefits, such as protecting your personal assets and offering tax flexibility. At KEYTLaw, our skilled Mesa LLC formation attorneys work with you to ensure a smooth, secure formation process while creating a custom operating agreement tailored to your business. Whether you’re starting a single-member or multi-member LLC, we provide comprehensive support to ensure your LLC is legally robust.** **Key Takeaways** - ******An LLC provides personal asset protection and tax flexibility.****** - **A well-crafted operating agreement is key to avoiding potential legal problems.** - **With more than 10,000 successful LLC formations and 400+ five-star online reviews, KEYTLaw is a trusted partner in your business journey.** Starting an LLC is a major step in securing your business’s future, but it can also feel daunting. How do you make sure your LLC is properly formed and legally protected? Whether you’re seeking asset protection, tax flexibility, or simply want to separate personal and business liabilities, having experienced Mesa LLC formation attorneys on your side is essential. At KEYTLaw, we simplify the process so you can focus on growing your business. If you’re ready to take the next step in forming your LLC, we’re here to guide you. Learn everything you need to know about LLC formation, including the critical role of an operating agreement and how our team supports you throughout the entire process. [Reach out today for a free consultation](https://www.keytlaw.com/calendar) and let us help you get started. [![Mesa LLC Formation Attorneys ](https://www.keytlaw.com/wp-content/uploads/2025/06/mesa-llc-lawyer.jpg)](https://www.keytlaw.com/wp-content/uploads/2025/06/mesa-llc-lawyer.jpg) **What Is an LLC? A Limited Liability Company (LLC) is a [preferred business structure](https://www.sba.gov/business-guide/launch-your-business/choose-business-structure) that offers the benefits of both a corporation and a partnership or sole proprietorship. It provides limited liability protection, ensuring that the personal assets of the owners (members), such as homes and cars, are generally protected from business debts and lawsuits. An LLC also delivers tax flexibility, allowing you to choose how your business is taxed—whether as a sole proprietorship, partnership, or corporation—based on what works best for your financial situation. **Why Form an LLC? [Starting an LLC](https://www.youtube.com/watch?v=VOpVTkNeTBQ) in Mesa, Arizona, comes with many advantages that extend beyond liability protection and tax flexibility (though these are major perks). An LLC also offers: - **Simplified management**: [LLCs have fewer formal requirements than corporations](https://www.youtube.com/watch?v=xuHOgXJfhKY), making them easier to manage. Business owners can make decisions without having to go through complex board meetings or strict reporting obligations. - **Increased trust**: An LLC adds credibility to your business, signaling to clients, vendors, and potential investors that you’re committed to your company. This can provide a competitive edge in the marketplace. - **Improved funding opportunities**: With an LLC, your business is often seen as more structured and trustworthy, making it easier to secure funding from investors or banks. **Types of LLCs When setting up an LLC in Arizona, you have a few options to consider: - **Single-Member LLC**: The simplest LLC structure, perfect for individuals who want liability protection and full control over their business. - **Multi-Member LLC**: This LLC involves two or more members. It requires a well-defined operating agreement to establish ownership divisions, responsibilities, and decision-making processes. - **Manager-Managed LLC**: In this setup, managers oversee the daily operations of the LLC, allowing members to focus on broader strategic decisions. It’s an ideal choice for owners who want to delegate day-to-day management. Our skilled Mesa LLC formation attorneys are here to help you understand which LLC structure fits your business and goals best! Along with asset protection and tax advantages, it’s essential to structure your LLC carefully to avoid conflicts in the future, especially among co-owners. A comprehensive operating agreement plays a crucial role in preventing these issues. **Why You Need an Operating Agreement for Your LLC Although Arizona law doesn’t require an [LLC Operating Agreement](https://azllc.com/oa/), it’s highly recommended. Without one, your LLC will be governed by Arizona’s default LLC laws, which may not reflect your preferences. At KEYTLaw, we’ve drafted over 10,000 LLC Operating Agreements, protecting countless business owners from potential issues. Here are some key reasons why having a well-written Operating Agreement is essential: - **Ownership clarity:** Prevents confusion about who owns what percentage of the LLC. - **Decision-making:** Defines how major decisions are made and how voting will work. - **Protects your business:** Safeguards members and the business from common legal issues, such as disputes over profit distribution, inheritance of ownership, and more. **Why Our Experienced Mesa LLC Formation Attorneys Are Your Best Choice** Choosing KEYTLaw for your LLC formation means partnering with a team that is committed to your business’s success. With over 10,000 LLC formations under our belt, we know the ins and outs of structuring an LLC correctly and efficiently. Our services come with a [100% satisfaction guarantee](https://www.youtube.com/watch?v=9JjAJ1WntE4)—if you’re not fully satisfied, we’ll refund your formation fee (excluding the filing fee), ensuring you get the best value for your investment in Arizona. **What You Get When You Choose KEYTLaw** - Personalized legal guidance every step of the way during the LLC formation process. - A custom operating agreement that reduces legal risks and ensures your business is protected. - Competitive pricing and flexible service packages designed to fit your specific business needs. **Let’s Get Started! Looking to form your LLC with a team you can rely on? [Get in touch with KEYTLaw today for a free consultation](https://azllc.com/calendar), and we’ll walk you through every step of the process. Simply submit the LLC formation questionnaire online or contact us directly to begin. Our skilled Mesa LLC formation attorneys are committed to making the entire process as straightforward and stress-free as possible! --- ### [Why You Should Never Give Assets Outright to Your Loved Ones](https://www.keytlaw.com/assets-to-kids/) **Published:** July 21, 2025 **Author:** Richard Keyt **Content:** ## **5 REASONS TO NEVER GIVE YOUR CHILDREN AN OUTRIGHT INHERITANCE, WHY YOU DON’T WANT YOUR INHERITANCE OUTRIGHT, AND WHAT TO DO INSTEAD** Welcome to one of the biggest considerations you will face as an adult: what will happen beyond the short time you are here, how you will leave behind the inheritance you are creating, how you will receive the inheritance of your parents, care for them in their old age, and create more with what they are leaving behind. Despite knowing how important it is, most people give these issues little thought. As a result, millions of families suffer in court and conflict, and heartache and pain, unnecessarily. The people who are willing to step fully into their own adulthood and make conscious choices about how to leave (and receive) their inheritance, can find the process to be deeply healing to the entire familial line, honoring the ancestral lineage and deeply serving the future generations. So, let me begin by congratulating you for making it here. You’ve already taken a much bigger step into the conscious creation of life by facing the reality of death than most people ever will. If you have little kids, you may consider creating a trust for your life insurance and investment accounts to make sure they have everything they need in case you die too soon. So they don’t get too much before they are ready, and you can choose who will handle it for them until they are. And, to make sure they have what they need when they are ready. Once your little kids become teenagers, depending on the kind of teens they are and how confident (or not) you are about your parenting skills, you may begin thinking about how you can protect what you’ve accumulated through your life from them. I saw this quite frequently in my law practice over the years. Parents would come in to see me when their children were young, looking to create a nest egg for their little ones. And then, as their children became unruly teens and young adults, they would be looking to protect that very same (now, usually larger) nest egg from their children and their errant ways. As their children grew and began to individuate, the parents began to lose trust in the prospect that their progeny would ever be able to manage their own finances well, let alone the inheritance they would receive without working for it on their own. And they almost certainly don’t have faith that their kids will take care of them financially, as they age. If you have handled their teen years well, ideally you will start to see that your children will, in fact, grow into trustworthy, contributing members of society and that they will receive what you leave behind just fine. Alternatively, if you didn’t handle their teen years so well, as they grow into adulthood, you may have more and more confirmation that they will never be able to handle what you’ve created. Children will grow into adulthood somewhere between totally responsible, and completely disabled. And, at times, they may swing between the two. You may even sometimes swing wildly between feeling totally capable and completely irresponsible with the life you are creating and the legacy you are leaving yourself. In most cases, your children will reflect back to you, your own fears of your own shortcomings, Perfectly. Regardless of where you find yourself on this spectrum, part of being an adult means entering into a real consideration of what will happen beyond the short time you are here, and how you will leave behind the inheritance you are creating. Becoming a full adult also means true consideration about how you will receive the inheritance of your parents, care for them in their old age, and create more with what they are leaving you. It may be that you have not begun thinking about any of this yet. If you haven’t, welcome to a big step in the path toward your own adulthood. Regardless of whether you are leaving behind an inheritance or preparing to receive one, if you’ve talked with a traditional lawyer about writing a will or creating a trust or have already done so, or if your parents have, most likely that will and/or trust is designed to hold assets until you (or your kids) are deemed old enough to receive the money being left behind, and then the trust terminates and distributes outright. And this is exactly how you do not want it to happen. If you have a trust in your life (either your own for your kids or the one your parents have created), read the language and you’ll most likely see something similar to the following: 1. With respect to each share provided for a child of the Grantor then living: 1. Because each child has attained the age of 25 years, each child shall have the right, by written request, to withdraw one-third in value of the remaining assets of such child’s share then being held in trust. 2. Each child who has attained the age of 30 years, and each remaining child upon attaining such age, shall have the right, by written request, to withdraw one-half in value of the remaining assets then being held in such child’s share. 3. Each child who has attained the age of 35 years, and each remaining child upon attaining such age, shall have the right, by written request, to withdraw the remaining assets then being held in such child’s share, and if that child does so withdraw the remaining assets, the Trust as to that share shall terminate. If you see something like this in a trust, what it means is that when the beneficiary (the person named to receive the trust assets) reaches the age of 35, whatever is left behind through the trust is distributed outright, to be put in the beneficiary’s personal bank account, and the trust terminates at that point. You may think this sounds right because, by the age of 35, a beneficiary should be mature enough to handle the assets being left behind. And while that may be the case, and even if that is the case, this is not the best way to leave (or receive) an inheritance. When a trust terminates and inherited assets are then brought into the beneficiary’s personal account, those inherited assets then become subject to risk from creditors of the beneficiary, from a future divorce of the beneficiary, and from a lawsuit against the beneficiary. And, even if none of those things ever become an issue, the beneficiary is not incentivized to grow the inherited family wealth, but instead to spend it on consumables, rather than to create with it. There is a much better way. Before we get into that much better way, let’s look at the 5 ways most people lose their inheritance after it’s distributed to them outright. ## 01 | **FUTURE DIVORCE** According to current statistics, forty-two percent (42%) of people will divorce during their lifetime. In most divorces, the property is divided evenly. While many people (and even lawyers) think that property division after marriage does not include an inheritance, this would not be the case for inherited assets that are brought into the shared property of the marriage. In practical reality and in most cases, an inheritance received during a marriage will be commingled into the marital property and become subject to division. For example, let’s assume I receive an inheritance of $50,000 and I use that $50,000 as a down payment on a home I share with my spouse. We live in that home and use marital assets to pay the mortgage. Some years later, we get divorced. In most cases, the full value of that marital home will be considered an asset of the marriage, and the inherited assets absorbed into the marital estate for division upon divorce. Inheritance, lost. So if you have a married child or a child who will get married in the future, and you leave them an inheritance, and they later divorce, as much as half of their inheritance could go to their ex-spouse. If you aren’t working as hard as you are to support your child’s future ex-spouse, you may want to do something different. And, you may want to ask your parents to leave behind your inheritance, no matter how small, in a different way to protect what you are receiving from a potential future divorce. #### SIDE NOTE while an inheritance could be protected from divorce with a prenuptial or postnuptial agreement that states that inherited assets do not become part of the marital property, it’s far more common that when people marry they do not want to bring up the consideration of what happens when they divorce, and so they don’t. When you leave your assets to your children in a protected (yet accessible to them) trust, which we will discuss below, or you receive your inheritance in a protected manner, you can avoid the conversation about prenups and postnups altogether and know the inheritance is protected. ## 02 | **MISMANAGEMENT** According to a study by Prof. Jay L. Zagorsky of Ohio State University, 40% of individuals inheriting less than $100,000 will spend or lose the entire inheritance, and 18.7 % of individuals who inherit more than $100,000 will spend or lose the entire inheritance. In many cases, inheritors can think about their inheritance as if it were a lottery prize. And, lottery winners saved just 16 cents of every dollar won and bankruptcy rates soared for winners in just 3 to 5 years after winning. Why does that happen? Because lottery winners, and many inheritors, are not properly prepared to receive the money that comes in it ends up creating problems they were not well-prepared to handle. The book *Beer Money: A Memoir of Privilege and Loss* by the would-be inheritor of the family fortune that Schlitz Beer created, Frances Stroh, illustrates perfectly the impact of what happens when junior family members are not properly prepared to receive their Inheritance. Rampant addiction. Mismanagement of the family business. And, ultimately loss of the entire $700 million family fortune, which would have been worth $9 billion today just by matching the S&P 500, if not lost to mismanagement. And this is certainly not limited to the ultra-wealthy. The Stroh family fortune was able to last 5 generations before mismanagement caused the loss of it all, simply because of how much was passed on, but a smaller amount of money being left behind is likely to be lost before it even makes its way down to the grandchildren. Using a trust structure that keeps assets in trust while preparing future generations on how to use what’s left behind, even when it’s not that much relatively speaking, is a key strategic decision that can result in more family wealth instead of a squandering of what’s been created. ## 03 | **EXTREME DEBT/BANKRUPTCY** When an inheritance is left outright to a beneficiary, if that beneficiary ends up in extreme debt, or even bankruptcy, the inheritance will be lost. Possible causes of such debt are a business venture gone bad, a health event, such as addiction, mental illness, accident, or disease that results in either a temporary or permanent inability to work in combination with staggering medical bills, or an accident, resulting in judgment, as discussed below. Extreme debt, and even bankruptcy, does happen to good people and if you leave an inheritance in a Lifetime Asset Protection Trust, instead of outright, you can ensure that what you leave behind will never be at risk due to a mistake or unexpected health issue. ## 04 | **LAWSUIT** Unintended neglect that injures someone’s person or property could wipe out an inheritance you leave your children if you distribute your money outright to your children. For example, ACE Financial Services, Inc. in 2012 found these lawsuit judgments: - $49 million judgment in California for an automobile accident where the family of a 21- 21-year-old college student sued drivers of two vehicles involved in the multi-vehicle crash. The plaintiff’s counsel claimed one defendant was sleep-deprived, while the other was on their cell phone. The plaintiff was in a coma for one month and is expected to require lifetime 24-hour care. - $20 million judgment in Florida for an ATV accident where a teenage male was killed while riding an ATV on the neighbor’s property. The neighbor had invited him to drive the ATV, permitting him to operate it without proper safety equipment and without adult supervision. The teenage male struck a fence and was decapitated. - $11.9 million in Florida for an internet defamation suit brought by a Florida consultant against a Louisiana woman for posting defamatory statements about the plaintiff on an internet bulletin board. The defendant called the plaintiff a “crook” and a “fraud.” - $5.9 million in Maryland in a dog-bite case where a 16-month-old child was attacked and killed by a pit bull kept at the home of a family friend. In the Florida ATV case, the defendants thought they were doing the neighbor’s son an act of kindness by allowing him the “fun” of driving the four-wheeler around the family property. Apparently, they didn’t tell the young man about the barbed wire on the property. Their intended neglect, resulting in the death of their neighbor’s son, was not seen as a good deed by the parents or the court, who ordered the $20 million judgment. On a smaller level, but just as impactful financially, a friend recently called me because he accidentally left a faucet running at a friend’s house where he was visiting and the resulting flood caused $413,000 in damage that the insurance company is now looking to collect. If he had an inheritance coming his way outright, it would be wiped out by this potential claim. As we can see, well intended, but neglectful behavior on the part of your children could wipe out any inheritance you leave them. But if you choose to use a Lifetime Asset Protection Trust to protect what you are leaving behind, an accident wouldn’t wipe out what you’ve worked incredibly hard to pass on. ## 05 | **LOST WORK ETHIC** My father once said, “Some people can’t handle prosperity.” He was right. In fact, most people cannot. For example, Thomas Stanley and William Danko in their book, The Millionaire Next Door, uncovered research showing that children who received an inheritance were worth four-fifths less than others in the same profession who didn’t. Vic Preisser, of the Institute for Preparing Heirs, says that unprepared children who inherit money are susceptible to excessive spending, identity loss, and guilt over receiving money they didn’t earn. Preisser says, “In a year to 18 months, everything falls apart — marriage, finances — and if there is a drug problem it becomes worse.” Leaving an outright inheritance to our kids may do harm instead of good. But there is an Alternative. As we can see, an outright inheritance is NOT the best answer for your kids. And if you are the “kid” who might be receiving an inheritance, receiving it outright may sound good, but it really wouldn’t be best for you. The book *Painfully Rich* by John Pearson, about the family of J. Paul Getty (who died with $2 Billion to pass on), is illustrative. Getty was notoriously frugal and the way he prepared his children to inherit, or perhaps more notably didn’t prepare his children, caused his children and their children enormous amounts of grief that resulted not necessarily in mismanagement of the money left behind by Getty, but mismanagement of their lives. We’ve got a plan for your family that is far, far better. ## **THE ALTERNATIVE** An alternative to an outright inheritance to your children (“outright” meaning they both personally own and can personally lose the inheritance) is to gift your assets to your children at the time of your death via a Lifetime Asset Protection Trust. Or, to ask your parents to leave whatever they may be leaving behind to you in a Lifetime Asset Protection Trust. A Lifetime Asset Protection Trust can be drafted into a regular Revocable Living Trust to give your children (or you, if you are the “child”) full control of the inheritance (if you choose), but at the same time ensure they never “own” the assets they inherit in such a way that those assets would never be at risk of a divorce, lawsuit, creditors or mismanagement. Because the rule of law is you can’t lose what you never owned, you are gifting your children (or being gifted) with airtight asset protection, of the kind they (or you) couldn’t give (or create) otherwise at any price. When you leave (or receive) an inheritance via a Lifetime Asset Protection Trust, the trustees of the trust own the property, not the beneficiary of the Trust. What that means is that if there is a divorce, a bankruptcy, or a legal judgment, the inheritance cannot be lost. It’s totally protected. From a management perspective, the Lifetime Asset Protection Trust can be used as a vehicle for education about investing, giving, and even business by allowing the beneficiary to become a Co-Trustee of the Trust, with someone you’ve chosen and trust to support their education. You can even build in provisions to allow your child to become the Sole Trustee of the Trust or the right to become Sole Trustee at specific intervals, as well, giving them effective full control without the risk of ownership. If you are concerned that receiving an inheritance in a Lifetime Asset Protection Trust somehow makes it so that your inheritance wouldn’t be available to you, or would restrict you in some way, have no fear. Your Lifetime Asset Protection Trust can be structured so that you receive control and access to use the inheritance with no restriction, so long as you make all investments inside the Trust, and only take money out of the Trust if you would be using it to consume instead of create. All creations could be funded by the Trust and remain protected by the Trust vehicle. There are quite a few nifty additional ways a Lifetime Asset Protection Trust can be structured so that this trust meets the needs of your unique family. Most importantly, if you are working with the right kind of lawyer, you can use this kind of planning as an opportunity to hold regular family meetings with senior and junior generations to plan for the passage of your Family Wealth. You see, Family Wealth goes far beyond money. When viewed properly, you can see the money that’s left behind from one generation to the next as a catalyst for family connection, passing on family values, and the opportunity to clarify how the family uses its full TEAM (time, energy, attention, and money) resources. This is what Life & Legacy Planning is all about. If you would like to learn more about how to build a Lifetime Asset Protection Trust into your plan for what you are leaving behind, or what you will receive, start with a Life & Legacy Planning Session with a Personal Family Lawyer® or Family Business Lawyer. In addition to considering whether a Lifetime Asset Protection Trust makes sense for you and your family, your Life & Legacy Planning Session will get you more financially organized than you ever have been before, ensure none of your assets are lost to your State Department of Unclaimed Property, as well as keep your family out of Court and out of conflict when something happens to you. --- ### [Safeguarding Your Digital Legacy in Arizona](https://www.keytlaw.com/digital-assets/) **Published:** July 31, 2025 **Author:** Richard Keyt **Content:** In an era where our lives are deeply woven into digital platforms, ensuring that your online accounts and digital assets are protected through estate planning has become essential. These assets include everything from social media profiles and photos to email, cryptocurrency, and even blogs or e‑commerce sites. Without proactive planning, loved ones may face significant obstacles—or find complete access impossible—when trying to settle your online presence after incapacity or death. ### What Qualifies as a Digital Asset? Digital assets encompass any of the following: - Social media accounts with photos, messages, and personal connections - Email inboxes that may hold important correspondence or credentials - Cloud‑stored photographs, videos, documents, and personal files - Online business services such as blogs, websites, or storefronts - Financial platforms (e.g. PayPal, investment apps) and digital wallets - Cryptocurrencies like Bitcoin or Ethereum - Digital libraries and subscriptions (e.g. iTunes, Kindle, Spotify) - Domain names, reward-point balances, and other virtual property Though not all digital assets carry monetary value, many hold deep sentimental meaning and deserve to be preserved. ### Arizona’s Legal Framework: RUFADAA Arizona has adopted the **Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA)**—codified as A.R.S. [§ 14‑13101 to 14‑13118](https://www.azleg.gov/legtext/52leg/2r/bills/sb1413p.htm). This law allows you to designate a **fiduciary**—such as an executor, trustee, or agent under a power of attorney—to access your digital assets after your death or incapacity, but **only if** it’s explicitly stated in your legal documents or via an online provider tool ([Arizona Law Guide](https://arizonalawguide.com/digital-assets-an-estate-planning-guide-for-arizona-residents/?utm_source=chatgpt.com "Digital Assets: An Estate Planning Guide for Arizona Residents - Arizona Law Guide")). Key provisions: - If you use a service-specific “legacy” tool (e.g. Google’s Inactive Account Manager or Facebook’s legacy contact), that overrides instructions in your will or trust. - If you don’t use a tool, the legal authority comes from clear language in your will, trust, or durable power of attorney. - Fiduciaries can only access assets as permitted (e.g. full content, limited content, or copies), and custodians may charge reasonable fees for compliance ([Financial Planning Association](https://www.financialplanningassociation.org/article/journal/APR18-estate-planning-digital-assets-understanding-revised-uniform-fiduciary-access-digital-0?utm_source=chatgpt.com "Estate Planning for Digital Assets: Understanding the Revised Uniform Fiduciary Access to Digital Assets Act and Its Implications for Planners and Clients | Financial Planning Association")). ### Crafting an Effective Digital Estate Plan To ensure your wishes are honored, follow these steps: #### 1. Build a Detailed Inventory Create a secure list of your digital accounts—note platform name, URL, usernames, passwords, and two-factor authentication details. Include instructions for each account: whether it should be preserved, transferred, downloaded, or deleted. #### 2. Name a Digital Executor Choose someone tech-savvy and trustworthy to act as your digital executor. This person can be named in your estate documents to manage tasks like downloading files, transferring ownership, or closing accounts ([Investopedia](https://www.investopedia.com/fa-one-thing-digital-estate-planning-11695074?utm_source=chatgpt.com "Do You Have A Digital Estate Plan? Here Are 3 Steps You Should Take to Secure Your Assets")). #### 3. Add Legal Language in Key Documents Include specific language in your will, trust, and/or durable power of attorney that authorizes your fiduciary to access, manage, and distribute your digital assets under Arizona’s RUFADAA. #### 4. Leverage Provider Tools If available, use services like Google’s Inactive Account Manager or Facebook legacy contact to grant access through their platforms. These tools often offer more control and override estate documents for those specific accounts ([elder-law.com](https://elder-law.com/estate-planning-for-your-digital-life/?utm_source=chatgpt.com "Summer Project: Get Your Digital Life In Order - Tucson Elder Law Attorney")). #### 5. Secure Password Access Using a password manager (e.g. LastPass, 1Password, Bitwarden) can centralize your account credentials. Many tools support “emergency access” features, allowing access after a set period or upon confirmation of incapacity or death ([Arizona Law Guide](https://arizonalawguide.com/digital-assets-an-estate-planning-guide-for-arizona-residents/?utm_source=chatgpt.com "Digital Assets: An Estate Planning Guide for Arizona Residents - Arizona Law Guide")). ### Why Digital Estate Planning Matters in Arizona Without proper planning: - Your digital accounts may remain locked or inaccessible—especially critical ones like cloud photo archives or cryptocurrency wallets. - Heirs may struggle to identify and recover your digital assets, including sentimental files or online-owned businesses. - You risk data breaches or identity theft if accounts remain unattended after you become incapacitated or pass away ([Arizona Law Guide](https://arizonalawguide.com/digital-assets-an-estate-planning-guide-for-arizona-residents/?utm_source=chatgpt.com "Digital Assets: An Estate Planning Guide for Arizona Residents - Arizona Law Guide")). By taking action now, you give your loved ones clear instructions and legal authority to manage your digital presence with minimal confusion or delay. --- ### In Summary - **Inventory your digital assets** and record credentials securely. - **Designate a digital executor** who understands your tech-based wishes. - **Embed explicit authorization** in your will, trust, and/or power of attorney. - **Use provider tools** when available for each platform. - **Utilize a password manager** with emergency-access features. If you’d like help drafting the right legal language or assembling your digital assets inventory, consider working with an estate planning attorney licensed in Arizona. They can ensure your digital legacy is handled smoothly and securely. --- ### [Arizona Residents: Learn Who Will Inherit Your Assets](https://www.keytlaw.com/learn-who-inherits/) **Published:** August 10, 2025 **Author:** Richard Keyt **Content:** Click on the down arrow at the top or bottom of the image to go to the next page. The up arrow takes you to the previous page. Scroll down or up to view the entire page. Make sure zoom at the top or bottom of a page is set to 100%. If it is larger then you won’t see all of the page. --- ### [Who We Serve Married with Children](https://www.keytlaw.com/married-children/) **Published:** September 26, 2025 **Author:** Richard Keyt **Content:** # Estate Planning for Married Couples with Children Protecting your family’s future through comprehensive estate planning that keeps you out of court and out of conflict. Get Started TodayLearn More # It Seems Simple, But Is It Really? **When you are married with children, estate planning seems pretty straightforward.** You want your spouse making decisions for you if you are incapacitated, and you want to make sure your assets go to your spouse when you die and then to your children after your spouse is gone. Seems simple, right? # The Reality of Probate Courts If only our probate courts weren’t clogged with the impact of the complexity of money and family. Then it would be “easy” to go through court and there wouldn’t be **$58 billion (with a “b”)** of assets in the state departments of unclaimed property across the United States. # The Questions That Must Be Answered There are a myriad of questions that need to be answered to ensure your family stays out of court and out of conflict in the event of your incapacity or death, even when you are simply married with children. And some tactical specifics need to happen to ensure your assets don’t end up lost to the state department of unclaimed property if your family overlooks something when you are not there to guide them. #### Court Avoidance Ensuring your family stays out of lengthy and expensive probate proceedings #### Conflict Prevention Planning ahead to prevent disputes between family members #### Asset Protection Preventing your assets from becoming lost or unclaimed property # Blended Families Face Greater Risks Plus, if you are in a blended family with children from a prior marriage, it’s an almost guarantee the people you love will end up in conflict if you don’t plan ahead. **Most of all, your wealth isn’t measured just by the dollars in your bank account but by the well being of the people you love.** If you are reading this, it is because you care enough to get your estate planning handled so your family will stay out of court and out of conflict no matter what. # We Make It Simple and Easy We know you are busy and we promise to make the process as simple and easy for you as possible. [Click here to see just how easy it is to get started.](https://lawmother.com/how-to-get-started/) #### Simple Process We’ve streamlined estate planning to fit your busy schedule #### Expert Guidance Professional support every step of the way #### Peace of Mind Your family protected from court battles and conflict Start Your Estate Plan # Estate Planning for Married Couples with Children Protecting your family’s future through comprehensive estate planning that keeps you out of court and out of conflict. Get Started TodayLearn More # It Seems Simple, But Is It Really? **When you are married with children, estate planning seems pretty straightforward.** You want your spouse making decisions for you if you are incapacitated, and you want to make sure your assets go to your spouse when you die and then to your children after your spouse is gone. Seems simple, right? # The Reality of Probate Courts If only our probate courts weren’t clogged with the impact of the complexity of money and family. Then it would be “easy” to go through court and there wouldn’t be **$58 billion (with a “b”)** of assets in the state departments of unclaimed property across the United States. # The Questions That Must Be Answered There are a myriad of questions that need to be answered to ensure your family stays out of court and out of conflict in the event of your incapacity or death, even when you are simply married with children. And some tactical specifics need to happen to ensure your assets don’t end up lost to the state department of unclaimed property if your family overlooks something when you are not there to guide them. #### Court Avoidance Ensuring your family stays out of lengthy and expensive probate proceedings #### Conflict Prevention Planning ahead to prevent disputes between family members #### Asset Protection Preventing your assets from becoming lost or unclaimed property # Blended Families Face Greater Risks Plus, if you are in a blended family with children from a prior marriage, it’s an almost guarantee the people you love will end up in conflict if you don’t plan ahead. **Most of all, your wealth isn’t measured just by the dollars in your bank account but by the well being of the people you love.** If you are reading this, it is because you care enough to get your estate planning handled so your family will stay out of court and out of conflict no matter what. # We Make It Simple and Easy We know you are busy and we promise to make the process as simple and easy for you as possible. [Click here to see just how easy it is to get started.](https://lawmother.com/how-to-get-started/) #### Simple Process We’ve streamlined estate planning to fit your busy schedule #### Expert Guidance Professional support every step of the way #### Peace of Mind Your family protected from court battles and conflict Start Your Estate Plan # Estate Planning for Married Couples with Children Protecting your family’s future through comprehensive estate planning that keeps you out of court and out of conflict. Get Started TodayLearn More # It Seems Simple, But Is It Really? **When you are married with children, estate planning seems pretty straightforward.** You want your spouse making decisions for you if you are incapacitated, and you want to make sure your assets go to your spouse when you die and then to your children after your spouse is gone. Seems simple, right? # The Reality of Probate Courts If only our probate courts weren’t clogged with the impact of the complexity of money and family. Then it would be “easy” to go through court and there wouldn’t be **$58 billion (with a “b”)** of assets in the state departments of unclaimed property across the United States. # The Questions That Must Be Answered There are a myriad of questions that need to be answered to ensure your family stays out of court and out of conflict in the event of your incapacity or death, even when you are simply married with children. And some tactical specifics need to happen to ensure your assets don’t end up lost to the state department of unclaimed property if your family overlooks something when you are not there to guide them. #### Court Avoidance Ensuring your family stays out of lengthy and expensive probate proceedings #### Conflict Prevention Planning ahead to prevent disputes between family members #### Asset Protection Preventing your assets from becoming lost or unclaimed property # Blended Families Face Greater Risks Plus, if you are in a blended family with children from a prior marriage, it’s an almost guarantee the people you love will end up in conflict if you don’t plan ahead. **Most of all, your wealth isn’t measured just by the dollars in your bank account but by the well being of the people you love.** If you are reading this, it is because you care enough to get your estate planning handled so your family will stay out of court and out of conflict no matter what. # We Make It Simple and Easy We know you are busy and we promise to make the process as simple and easy for you as possible. [Click here to see just how easy it is to get started.](https://lawmother.com/how-to-get-started/) #### Simple Process We’ve streamlined estate planning to fit your busy schedule #### Expert Guidance Professional support every step of the way #### Peace of Mind Your family protected from court battles and conflict Start Your Estate Plan # For People who are Married with Children Learn why you and your family need an estate plan with a revocable living trust. ![family](https://www.keytlaw.com/wp-content/uploads/2025/09/family-5.png) --- ### [Seminar Signup](https://www.keytlaw.com/signup/) **Published:** November 15, 2025 **Author:** Richard Keyt **Content:** ## Sign Up to Attend Our Next Seminar First Name \*Last Name \*Email \*PhoneI’ll bring another personSubmit ## We are Arizona Wills, Trusts & Estate Planning Attorneys - See the [36 documents & services](https://www.keytlaw.com/ep-contents) you get with our estate plan with a revocable living trust. - Book a [free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar) with an Arizona estate planning attorney. - The State of Arizona has a law that specifies who inherits the assets of an Arizona resident who dies without a will or a trust. This law may cause your assets to be inherited by the wrong person or people if you don’t have a will or a trust. To learn who will inherit your assets if you die without a will or a trust see my article called “[Who Inherits Your Property If You Die without a Will or a Trust](https://www.arizona-wills.com/intestate-succession/)” and take my short online quiz called “[Who Inherits Your Property](https://www.arizona-wills.com/inherits/).” If the wrong person or people would inherit your assets, you need to hire us to prepare a will or a trust that leaves your assets to the person or people you want to inherit the assets, not to the people Arizona gives your property to. - See our article “[15 Benefits of Having an Estate Plan with a Revocable Living Trust](https://www.keytlaw.com/benefits/).” --- ### [How to Give Your Arizona Vehicle to Your Heir Automatically on Your Death](https://www.keytlaw.com/ep-transfer-vehicles/) **Published:** September 9, 2023 **Author:** Richard Keyt **Content:** # **How to Give Your Arizona Vehicle to Your Heir Automatically on Your Death** by Arizona estate planning attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father) and [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky, the son) If you live in Arizona and own a vehicle, good news! Estate planning just got a little easier for you. [Arizona Revised Statutes Section 28-2055](https://www.azleg.gov/ars/28/02055.htm) permits a vehicle owner to transfer the vehicle on his or her death by designating one or more beneficiaries. Previously only people with estates having a net personal property value of $200,000 or less could take advantage of this method of transfer. Although helpful for some, many Arizonans missed out on this easy method to transfer their vehicles. However, the Arizona legislature adopted A.R.S. § 28-2055 making this easy method of transfer available to all Arizonans. Now A.R.S. § 28-2055 is consistent with other Arizona statutes governing non-probate alternatives to transferring property at death: beneficiary deeds for real property and pay on death / transfer on death titling for personal property. Previously, people could designate a pay on death / transfer on death beneficiary of their bank or retirement account with absolutely no limit on the account’s value. People could also transfer real estate with a beneficiary deed, regardless of the property’s value. It made little sense that someone could transfer a $500,000 bank account or a $1 million piece of real estate probate free, but they could not transfer $200,001 worth of vehicles probate free. As of July 20, 2011, that has all changed. A.R.S. § 28-2055(B) now reads: > At the request of the owner and on payment of a fee prescribed by the department by rule, the certificate of title may contain, by attachment, a transfer on death provision where the owner may designate a beneficiary of the vehicle. This probate-free method of transferring vehicles is now available to all Arizonans. First, you will need the vehicle’s current title. If you don’t have this, contact the Arizona Motor Vehicle Division for more information on obtaining a certificate of title. Once you have your vehicle’s title, you will need to fill out the MVD’s Beneficiary Designation form found at [www.azdot.gov/docs/mvd-forms-pubs/96-0561.pdf](https://apps.azdot.gov/files/mvd/mvd-forms-lib/96-0561.pdf). This form will **allow the sole owner of an Arizona vehicle** to transfer the title of the vehicle to the person(s) designated in the form upon death. ## **Who should I not name as a beneficiary?** Not all loved ones should receive an asset directly. These individuals include **minors, individuals with specials needs, or individuals with an inability to manage assets or with creditor issues**. Because Arizona law provides that children under age 18 are not legally competent, they will not be able to claim the vehicle if the child is under 18 when the vehicle owner dies. By **[Richard Keyt](https://www.keytlaw.com/richard-keyt/)**, Arizona Estate Planning Attorney | [KEYTLaw, LLC](https://www.keytlaw.com) | Scottsdale, Arizona # Arizona Vehicle Transfer on Death: Pass Your Car to Your Heir Without Probate When most Arizonans think about avoiding probate, they think about real estate and bank accounts. But what about your car, truck, SUV, motorcycle, or RV? If you own a vehicle in Arizona and you die without a plan to transfer it, your loved ones may have to go through probate just to get the title in their name. Fortunately, Arizona law makes it easy to avoid that problem entirely. Under [Arizona Revised Statutes § 28-2055](https://www.azleg.gov/ars/28/02055.htm), you can designate a beneficiary directly on your vehicle's certificate of title. When you die, the vehicle transfers automatically to that person — no probate, no court, no waiting. This article explains exactly how Arizona's vehicle transfer on death works, how to set one up, who you should and should not name as a beneficiary, and how it fits (or doesn't fit) into a complete estate plan. **The bottom line:** A transfer on death designation on your vehicle title is free, revocable, and keeps your car out of probate. You can do it at the Arizona MVD. But it is not a substitute for a complete estate plan — it is one small piece of a much larger puzzle. ## What Is a Vehicle Transfer on Death Designation? A transfer on death (TOD) designation is a legal instruction added to your vehicle's certificate of title. It names the person or people who will receive your vehicle when you die. The designation has no legal effect while you are alive — you remain the sole owner, you can sell the vehicle, refinance it, trade it in, or revoke the designation at any time. The beneficiary has no rights to the vehicle until the moment of your death. Arizona's vehicle TOD statute was adopted to make vehicle transfers consistent with how Arizona already handled other assets. Before 2011, you could already transfer a $500,000 bank account probate-free using a pay-on-death designation, and transfer a $1 million home probate-free using an Arizona beneficiary deed — but you could not do the same thing for a $40,000 car. That inconsistency was fixed when the Arizona legislature enacted A.R.S. § 28-2055(B), effective July 20, 2011. The statute now reads: "At the request of the owner, the certificate of title may contain, by attachment, a transfer on death provision where the owner may designate a beneficiary of the vehicle." — Arizona Revised Statutes § 28-2055(B) The vehicle TOD designation is now consistent with Arizona's other non-probate transfer tools: beneficiary deeds for real property and pay-on-death designations for bank and retirement accounts. ## What Vehicles Can Be Transferred This Way? The TOD designation is available for any motor vehicle titled in Arizona, including: - Cars, trucks, and SUVs - Motorcycles - Motor homes and RVs - Trailers and semitrailers - Boats and watercraft (subject to Arizona watercraft titling rules) - All-terrain vehicles (ATVs) and off-highway vehicles (OHVs) The vehicle must be titled in Arizona. If you recently moved to Arizona from another state, confirm that your vehicle has been re-titled in Arizona before attempting to add a TOD designation. ## How to Set Up a Vehicle Transfer on Death in Arizona The process is straightforward. Here are the steps: 1 **Locate your current Arizona certificate of title.** You will need the physical title document. If you do not have it — for example, if you have an outstanding auto loan and the lienholder is holding the title — you will need to either pay off the loan first or contact the Arizona Motor Vehicle Division (MVD) about obtaining a duplicate. 2 **Complete Arizona MVD Form 96-0561 (Beneficiary Designation).** This is the Arizona MVD's Beneficiary Designation form. It is available at [azdot.gov](https://apps.azdot.gov/files/mvd/mvd-forms-lib/96-0561.pdf). The form allows the sole owner of an Arizona vehicle to designate one or more beneficiaries who will receive the title upon the owner's death. You will need to provide the names, addresses, and relationships of the beneficiaries you are naming. 3 **Submit the form to the Arizona MVD.** Take the completed form and your current title to your local Arizona MVD office or an authorized third-party MVD provider (such as a ServiceArizona office). There is a nominal title fee. The MVD will issue a new certificate of title containing the transfer on death provision. 4 **Store the new title in a safe place.** Keep the new title with your other important estate planning documents, or let your estate planning attorney hold a copy. Make sure your beneficiaries know it exists and where to find it. ## What Happens After You Die? When you die, your designated beneficiary does not need to open a probate estate to claim the vehicle. Instead, the beneficiary takes the following steps: 1. Obtain a certified copy of your death certificate from the Arizona Department of Health Services or the county where you died. 2. Present the death certificate and the existing certificate of title (showing the TOD designation) to the Arizona MVD. 3. Complete any MVD forms required to transfer the title into the beneficiary's name. 4. Pay the applicable title transfer fee. The vehicle transfers directly to the beneficiary. No probate. No court. No attorney required for the transfer itself. ## Benefits of the Arizona Vehicle Transfer on Death Designation BenefitExplanation **Avoids probate** The vehicle passes outside your estate and does not require a probate proceeding. **Free to set up** Other than the MVD's nominal title fee, there is no cost to add a TOD designation. **Revocable at any time** You can change or cancel the designation at any time while you are alive, simply by filing a new form with the MVD. **No loss of control** You remain the full legal owner during your lifetime. The beneficiary has no rights until your death. **Simple transfer process** Your beneficiary can transfer the title with a death certificate — no probate, no court order required. **Fast** The transfer can typically be completed within days of death, not months. ## Limitations — What a Vehicle TOD Designation Cannot Do A vehicle TOD designation is a useful but narrow tool. It does not replace an estate plan. Here are its limitations: - **It only covers that one vehicle.** If you own three vehicles, you need a separate TOD designation for each one. - **It does not protect the beneficiary's inheritance.** Once your beneficiary receives the vehicle, it is unprotected from their creditors, divorcing spouses, or lawsuits. A revocable living trust with a beneficiary-controlled asset-protected trust (BCAPT) sub-trust can protect inherited assets far more effectively. - **It does not cover all your assets.** Your home, bank accounts, investments, business interests, personal property, and other assets each require their own plan. A comprehensive revocable living trust handles all of your assets under one coordinated document. - **It does not include healthcare or financial powers of attorney.** If you become incapacitated, your family will need legal authority to act on your behalf. A TOD designation does nothing for that. - **It may conflict with a joint tenancy.** If a vehicle is titled jointly with right of survivorship, the joint tenancy governs at death — the TOD designation may be ineffective. Confirm your title situation before adding a TOD. ## Who Should (and Should Not) Be Named as a Beneficiary Choosing the right beneficiary is critical. Not every person you love is a good candidate to receive a vehicle directly. ### Good candidates for a vehicle TOD beneficiary - A competent adult child, sibling, or other family member who is financially stable - A spouse or domestic partner who is capable of managing the asset - A trust — naming a revocable living trust as beneficiary is often the best approach, because the trust can then distribute the vehicle under its terms ### People you should NOT name directly as beneficiary **Warning: Do not name any of these individuals directly as your vehicle beneficiary without consulting an estate planning attorney:** - **Minors (anyone under age 18).** Under Arizona law, children under 18 are not legally competent to receive property. If your minor child is named as beneficiary and is still under 18 when you die, the vehicle cannot simply be transferred to them. A court-supervised conservatorship will likely be required — which is the very probate complication you were trying to avoid. - **People with special needs or disabilities.** A direct inheritance can disqualify a special-needs beneficiary from Medicaid, SSI, and other government benefits they depend on. Assets for special-needs beneficiaries should go into a properly drafted special needs trust. - **People with serious creditor problems or financial instability.** If your beneficiary owes judgments, taxes, or is in financial distress, the vehicle could be seized by creditors the moment it transfers. - **People going through a divorce.** Property received by inheritance is generally separate property in Arizona — but the situation can be complicated, and assets can get mixed with marital property. In most cases, the safest and most flexible option is to name your **revocable living trust** as the beneficiary of your vehicle — and let the trust direct the distribution under its terms. This gives you control over exactly what happens, including the ability to protect the beneficiary's inheritance through a sub-trust. ## What If Your Beneficiary Dies Before You? Arizona law does not automatically create a "backup" beneficiary for a vehicle TOD designation. If your named beneficiary predeceases you and you have not updated the designation, the vehicle may pass through your estate and potentially through probate. To avoid this: - Name alternate (contingent) beneficiaries if the MVD form permits it, or - Name your revocable living trust as the beneficiary — because the trust is not a person and will not predecease you. Review your vehicle TOD designations any time there is a major life event: a death in the family, a divorce, the birth of a child, or a significant change in a beneficiary's circumstances. ## How a Vehicle TOD Fits Into a Complete Estate Plan A vehicle transfer on death designation is a useful piece of a much larger puzzle — but it is only one piece. A truly comprehensive Arizona estate plan includes: - **A revocable living trust** as the foundation, to avoid probate on all your assets, not just your vehicles - **A pour-over will** to catch any assets not transferred into the trust during your lifetime - **A financial durable power of attorney** so someone can manage your finances if you become incapacitated - **A healthcare power of attorney** and **living will** for medical decisions - **A HIPAA authorization** so your family can access your medical information - **Beneficiary-Controlled Asset-Protected Trust (BCAPT) sub-trusts** if you want to protect inherited assets from your beneficiaries' creditors, divorcing spouses, or lawsuits - **A certification of trust** and other funding documents to properly transfer assets into your trust A vehicle TOD designation is a worthwhile step — but it does not replace any of the above. Many people spend more time planning their next vacation than they do planning what happens to everything they own and everyone they love when they die. A vehicle TOD takes 30 minutes at the MVD. A complete estate plan takes a few hours of your time and protects your family for the rest of your life. **The will myth:** Many Arizonans think a will is enough to avoid probate. It is not. A will must go through probate — a court process that is public, time-consuming, and expensive. A revocable living trust is the proper cornerstone of an Arizona estate plan. It avoids probate entirely, keeps your affairs private, and can protect your beneficiaries' inheritance through asset-protected sub-trusts. Read our complete [Arizona Estate Planning Guide](https://www.keytlaw.com/arizona-wills-trusts-articles/) to learn more. ## Summary: Arizona Vehicle Transfer on Death — Key Facts TopicAnswer Governing lawArizona Revised Statutes § 28-2055(B) Effective dateJuly 20, 2011 Who can use itAny Arizona vehicle owner with a titled vehicle How to set it upComplete MVD Form 96-0561 at the Arizona MVD CostNominal MVD title fee Revocable?Yes — you can change it at any time Effect on ownership during lifeNone — you remain full owner Does it avoid probate?Yes, for that specific vehicle Does it replace an estate plan?No — it is one narrow tool Best beneficiary choiceA competent adult or your revocable living trust ### Questions About Your Arizona Estate Plan? We don't charge to talk. Book a free office, phone, or Zoom video meeting with Richard Keyt or Richard C. Keyt — Arizona estate planning attorneys with over 1,000 estate plans and 406 combined 5-star reviews. [📅 Book a Free Meeting](https://www.keytlaw.com/calendar) Our comprehensive estate plan includes 36 documents and services designed to protect your most valuable assets — your loved ones. [See exactly what you get and our flat fee here.](https://www.keytlaw.com/ep-contents/) We've also written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts, and estate planning. See the full [**Arizona Estate Planning Guide: Wills, Trusts & Probate Articles**](https://www.keytlaw.com/arizona-wills-trusts-articles/). ## Contact Our Arizona Estate Planning Attorneys **Richard Keyt (Rick, the father)** Arizona estate planning and LLC attorney since 1979 [480-664-7478](tel:4806647478) [See his biography](https://www.keytlaw.com/richard-keyt/) **Richard C. Keyt (Ricky, the son)** Arizona estate planning attorney and former CPA [480-664-7472](tel:4806647472) [See his biography](https://www.keytlaw.com/richard-c-keyt/) **KEYTLaw, LLC** | 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258 | [keytlaw.com](https://www.keytlaw.com) *This article is for general informational purposes only and does not constitute legal advice. Laws may have changed since publication. Consult a qualified Arizona attorney for advice specific to your situation.* --- ### [Statutory Merger Questionnaire](https://www.keytlaw.com/merger/) **Published:** December 11, 2024 **Author:** Richard Keyt **Content:** ## Merger Questionnaire ### Merger of an LLC or a Corporation into an Arizona LLC We can prepare the documents to merge an existing LLC or corporation (the Terminating Company") into an existing or newly formed LLC the ("Survivor"). Our Merger Service is $2,000(Required) Our services includes preparing: (i) a Merger Agreement to be signed by the Survivor and the Terminating Company, (ii) resolutions of the members or shareholders and directors of the Terminating Company authorizing the merger, (iii) resolutions of the members of the Survivor LLC authorizing the merger, (iv) Articles of Merger to be filed with the Arizona Corporation Commission, and (v) if the Terminating Company was formed outside Arizona the document that must be filed with the Secretary of State of the state in which the Terminating Company was formed. Filing Fees $85 to the Arizona Corporation Commission to file the Articles of Merger on an expedited basis. If the Terminating Company was formed outside Arizona the fee to file the merger document with the formation state's Secretary of State is $200. Federal Income Tax(Required) We are not being hired to provide federal income tax advice with respect to the federal income tax consequences of the merger. You need to discuss this issue with your federl income tax advisor. Effective Date of the Merger ### Survivor Information Survivor Company's Name(Required) Survivor's Address(Required) Street Address Address Line 2 City ArizonaAlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code Name & Title of Contact Person(Required) Contact Person's Phone(Required) Contact Person's Email(Required) Enter Email Confirm Email We will send an email message with all the data entered into this questionnaire when you click on the submit icon at the end of the questionnaire. Names & Emails of All of the Survivor's MembersMember's Name Member's Email Add Remove If the Survivor has more than one member click on the + at the right end to add another row. ### Terminating Company Information Terminating Company's Name(Required) Terminating Company's Formation State(Required) How is the Terminating Company Taxed?(Required) S corp C corp Sole proprietorship Partnership Warning(Required) If the Terminating Company is taxed as a sole proprietorship or a partnership the merger may cause the owners of the Terminated Company to pay income tax on the value of the assets transferred to the Survivor. We can still to the merger, but it will not be a federal income tax free merger. Consult with your tax advisor if the Terminating Company is taxed as a sole proprietorship or a partnership. Is the Terminating Company's Address the Same as the Survivor?(Required) yes no Terminating Company's Address(Required) Street Address Address Line 2 City ArizonaAlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code Is the Contact Person for the Terminating Company the Same as the Survivor's Contact Person?(Required) yes no Name & Title of Terminating Company's Contact Person(Required) Terminating Company's Contact Person's Phone(Required) Terminating Company's Contact Person's Email(Required) Enter Email Confirm Email Is the Terminating Company an LLC or Corporation(Required) LLC Corporation Names & Emails of All of the Terminating Company's MembersMember's Name Member's Email Add Remove If the Terminating Company has more than one member click on the + at the right end to add another row. Names & Emails of All of the Terminating Company's ShareholdersShareholder's Name Shareholder's Email Add Remove If there are more than two shareholders click on the + at the right end to add another row. Names & Emails of All of the Terminating Company's DirectorsDirector's Name Director's Email Add Remove If the Termiinating Company has more than one director click on the + at the right end to add another row. Who We Represent(Required) KEYTLaw, LLC and its attorneys are representing only the Survivor, not the Terminating Company. We advise the Terminating Company to engage another attorney to represent it in connection with the merger. ### Payment Link How to Pay $2,085 + $200 to file the Merger Agreement with the Secretary of State of the Terminatng Company's Formation State(Required) To pay $2,285 go to our [secure order page](https://keytlaw.infusionsoft.com/app/orderForms/Merger) to pay your merger fee with your major credit card. You may also give us your credit card information by calling our legal assistant at 480-664-7846. Click on the Submit Icon Below(Required) When you click on submit our system will send you an email that has all of the information you entered into the questionnaire. Review the email and reply and tell us all info is correct or tell us any changes you want to make. Submit Save & Continue --- ### [Privacy Policy](https://www.keytlaw.com/privacy-policy/) **Published:** February 7, 2019 **Author:** Richard Keyt **Content:** Effective February 7, 2019 **IMPORTANT: PLEASE READ. THIS PRIVACY POLICY DESCRIBES THE TERMS OF OUR COMMITMENT TO YOUR PRIVACY**. This Privacy Policy governs the manner in which the law firm of KEYTLaw, LLC, and its attorneys collect, use, maintain and disclose information collected from Users of any Site maintained by them. This privacy policy applies to this Site and all products and services offered by the law firm of KEYTLaw, LLC, and its attorneys (collectively designated as “We” or “Website”). The law firm of KEYTLaw, LLC, and its attorneys (“us,” “we,” or “our”) operate the [www.keytlaw.com](https://www.keytlaw.com) website and other websites with the URL that starts with [www.keytlaw.com](https://www.keytlaw.com) (hereinafter referred to collectively as the “Service” or “Websites”). This Privacy Policy governs all visitors to our Websites, including all subscribers to lists or newsletters, whether paid or unpaid, and all customers or clients. Persons who visit or view our Websites, whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as a “User” and are parties to this Privacy Policy, along with our [Terms & Conditions](https://www.keytlaw.com/terms-conditions/) and our [Disclaimers](https://www.keytlaw.com/disclaimers/). We are strongly committed to protecting your privacy and providing a safe online experience for all of our Users while offering the highest quality User experience. By using any website or web presence maintained by the law firm of KEYTLaw, LLC, or its attorneys or its subdomains, and related domains or sales pages (all collectively designated as our “Websites”), you agree to the terms of this Privacy Policy. Because we gather certain types of information about and from you, we believe it is important that you understand our collection and use of this information. This Privacy Policy discloses what information we gather, how we use it, how to correct or change it, and what steps we take to safeguard personal information provided to us both online and offline. Please read this entire Privacy Policy, as well as our [Terms & Conditions](https://www.keytlaw.com/terms-conditions/) and [Disclaimers](https://www.keytlaw.com/disclaimers/). This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our [Terms & Conditions](https://www.keytlaw.com/terms-conditions/). **Definitions** - Service. Service is the [www.keytlaw.com](https://www.keytlaw.com) website and all websites that exist under that URL - Personal Data. Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession). - Usage Data. Usage Data is data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit). - Cookies. Cookies are small files stored on your device (computer or mobile device). - Data Controller. Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information is, or is to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data. - Data Processors (or Service Providers). Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively. - Data Subject (or User). Data Subject is any living individual who is using our Service and is the subject of Personal Data. **Information Collection and Use** We collect various types of information for different purposes to provide and improve our Service to you. **Types of Data Collected** **Personal Data** While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to: Email address; First name and last name; Phone number; Address, State, Province, ZIP/Postal code, City; **Cookies and Usage Data** We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us at rk@keytlaw.com. **Usage Data** We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. **Tracking & Cookies Data** We may use cookies and similar tracking technologies to track the activity on our Service and we hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies may also be used, such as beacons, tags, and scripts, to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. Examples of Cookies we may use: - Session Cookies. We may use Session Cookies to operate our Service. - Preference Cookies. We may use Preference Cookies to remember your preferences and various settings. - Security Cookies. We may use Security Cookies for security purposes. **Text Messages** No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties, except for aggregators and providers of text messaging services. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the text message services. **Use of Data** KEYTLaw, LLC, and its attorneys may use the collected data for the following purposes: - To provide and maintain our Service - To notify you about changes to our Service - To allow you to participate in interactive features of our Service when you choose to do so - To provide customer support - To gather analysis or valuable information so that we can improve our Service - To monitor the usage of our Service - To detect, prevent and address technical issues - To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or inquired about, unless you have opted not to receive such information **Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)** If you are from the European Economic Area (EEA), KEYTLaw, LLC, and its attorneys’ legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it. KEYTLaw, LLC, and its attorneys may process your Personal Data because: - We need to enter into a contract with you - You have given us permission to do so - The processing is in our legitimate interests and it is not overridden by your rights - To comply with the law **Retention of Data** KEYTLaw, LLC, and its attorneys will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies . KEYTLaw, LLC, and its attorneys may also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods. **Transfer of Data** Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. Your consent to this Privacy Policy, followed by your submission of such information, represents your agreement to that transfer. The law firm of KEYTLaw, LLC, and its attorneys will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information. **Disclosure of Data** **Business Transaction** If KEYTLaw, LLC, or any of its attorneys is involved in forming a limited liability company, forming a corporation, preparing or modifying contracts and legal documents, a merger, acquisition or asset purchase or sale, your Personal Data may be transferred. **Disclosure for Law Enforcement** Under certain circumstances, KEYTLaw, LLC, and its attorneys may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). **Legal Requirements** KEYTLaw, LLC, and its attorneys may disclose your Personal Data in good faith belief that such action is necessary to: - To comply with a legal obligation - To protect and defend the rights or property of KEYTLaw, LLC, or its attorneys - To prevent or investigate possible wrongdoing in connection with the Service - To protect the personal safety of users of the Service or the public to protect against legal liability **Security of Data** The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. **Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)** We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. **Your Data Protection Rights under the General Data Protection Regulation (GDPR)** If you are a resident of the European Economic Area (EEA), you have certain data protection rights. The law firm of KEYTLaw, LLC, and its attorneys intend to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data. If you would like to be informed about the Personal Data we hold about you and request its removal from our systems, please contact us. In certain circumstances, you have the following data protection rights: - The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please get in touch with us to assist you. - The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete. - The right to object. You have the right to object to our processing of your Personal Data. - The right of restriction. You have the right to request that we restrict the processing of your personal information. - The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format. - The right to withdraw consent. You also have the right to withdraw your consent at any time where Tone & Tone relied on your consent to process your personal information. Please note that we may ask you to verify your identity before responding to such requests. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA). **Google Analytics** Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt out of having your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the [Google Privacy & Terms](https://policies.google.com/privacy?hl=en) web page. **Behavioral Re-marketing** KEYTLaw, LLC, and its attorneys may advertise on third-party websites to you after you visit our Service. We may use cookies to inform, optimize and serve ads based on your past visits to our Service. **Facebook** Facebook re-marketing service is provided by Facebook Inc. You can learn more about interest-based advertising from Facebook by visiting Facebook’s [internet advertising page](https://www.facebook.com/help/164968693837950). To opt out of Facebook’s interest-based ads, follow its [opt-out instructions](https://www.facebook.com/help/568137493302217). Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt out from Facebook and other participating companies through the [Digital Advertising Alliance](http://www.aboutads.info/choices/) in the USA , the [Digital Advertising Alliance of Canada](http://youradchoices.ca/). or the [European Interactive Digital Advertising Alliance](http://www.youronlinechoices.eu/), or opt out using your mobile device settings. For more information on the privacy practices of Facebook, please visit [Facebook’s Data Policy](https://www.facebook.com/privacy/explanation). **Links to Other Sites** Our Service may contain links to other sites that are not operated by us. If you click a link that is not a URL on our webiste, you will be directed to somebody else’s website. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any sites or services that are not ours. **Children’s Privacy** The [Children’s Online Privacy Protection Act of 1998, 15 U.S.C. ](http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section6501&edition=prelim)[§ § 6501–6505](http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-section6501&edition=prelim) (“COPPA”), puts parents in control of the collection of personal information from children under 13. The [Federal Trade Commission enforces the COPPA Rule](https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=16&cad=rja&uact=8&ved=2ahUKEwiQx9v56K7gAhWWGDQIHfooBWYQFjAPegQIBBAB&url=https%3A%2F%2Fwww.ftc.gov%2Fenforcement%2Frules%2Frulemaking-regulatory-reform-proceedings%2Fchildrens-online-privacy-protection-rule&usg=AOvVaw01a6qS6iBowwTcvtJInV6j), which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under 18 years of age. Persons under 18 years of age are not authorized to view or interact with this Website and must leave immediately. Our Service does not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please get in touch with us. If we become aware that we have collected Personal Data from children without verification of parental consent, we will take steps to remove that information from our servers. **Changes to This Privacy Policy** We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, before the change becoming effective and update the effective date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. **Contact Us** If you have any questions about this Privacy Policy, please get in touch with us: Richard Keyt KEYTLaw, LLC 7373 E. Doubletree Ranch Road, Suite 135 Scottsdale, AZ 85258 --- ### [Cody Keyt](https://www.keytlaw.com/cody-keyt/) **Published:** September 25, 2025 **Author:** Richard Keyt **Content:** ## Cody Keyt Our law office dog R.I.P. 5/7/26 ![cody](https://www.keytlaw.com/wp-content/uploads/2018/09/IMG_3478.jpg "IMG_3478 - KEYTLaw") [ Call his dad: 480-664-7472 ](#) [ Email his dad: rck@keytlaw.com ](#) We lost Cody today, May 7, 2026. He was diagnosed with cancer a year ago. We were so lucky to have our wonderful, sweet, & loving office dog for nine years. Cody Keyt is an AKC purebred Golden Retriever. He was born February 15, 2017, the only boy in a litter of eight puppies. Cody was granted papers by the American Kennel Club in 2017. Ricky Keyt is Cody’s Dad. Cody has been working at KEYTLaw as the office dog full time since he was eight weeks old. He has been raised by his devoted KEYTLaw office staff. Cody’s primary responsibility is to greet people when they enter the office. He also gets the mail from our office U.S. post office mail box. Cody frequently attends conferences with one of the Keyts and their clients. He loves people. He enjoys his toys, walking with his Dad and chasing lasers. See [Cody the Golden One on Instagram](https://www.instagram.com/cody_theGoldenOne). ![Cody Who Wore It Best](https://www.keytlaw.com/wp-content/uploads/2017/11/best.jpg "best - KEYTLaw") #### Who Wore It Best ![cody](https://www.keytlaw.com/wp-content/uploads/2024/09/rickycody1.jpg "rickycody1 - KEYTLaw") #### Ricky with his boy ![Cody Keyt](https://www.keytlaw.com/wp-content/uploads/2017/11/cody.jpg "- KEYTLaw") #### He's a hard worker ![Cody Keyt headset](https://www.keytlaw.com/wp-content/uploads/2017/11/headset-990x1024.jpg "headset - KEYTLaw") ##### What's my password? --- ### [Scottsdale, AZ Probate Attorneys](https://www.keytlaw.com/scottsdale-az-probate-attorneys/) **Published:** May 29, 2025 **Author:** Richard Keyt **Content:** ## Navigating probate in Scottsdale can be overwhelming, especially during an emotional time. ### Our dedicated Scottsdale probate attorneys provide clear, supportive guidance to help you through every step of settling a loved one’s estate. From wills to asset distribution, we’re here to lighten your load. **Key Takeaways:** - **Probate involves validating wills, managing debts, and distributing assets under Arizona law.** - **Having a probate attorney can prevent legal mistakes and ease family tensions.** - **Personalized legal help saves you time and reduces stress during the probate process.** Have you recently lost someone close to you and wonder what comes next? It’s common to feel overwhelmed by the legal responsibilities that follow a loved one’s passing. Probate is the process Arizona uses to officially handle an estate, but it can be confusing and time-consuming if you don’t know where to start. That’s where our Scottsdale probate attorneys come in. We’re here to support you with clear explanations and practical help at every stage. Instead of struggling through paperwork and court steps alone, you can rely on us to manage the legal side so you can focus on healing and your family. If you’re unsure about what probate involves or what your next move should be, don’t hesitate to reach out. [Schedule a free consultation](https://web.archive.org/web/20250812051336/https://www.keytlaw.com/arizona-probates/) with our caring team today and let us help ease your burden. ![Scottsdale Probate Attorneys](https://www.keytlaw.com/wp-content/uploads/2025/05/scottsdale-probate-lawyer-1024x1024.png "scottsdale-probate-lawyer - KEYTLaw") ## **What Is Probate?** [Probate](https://web.archive.org/web/20250812051336/https://www.youtube.com/watch?v=wBclvbqsokI) is the legal process used in Arizona to handle a deceased person’s estate. Whether your loved one left a will or not, probate helps sort out assets, debts, and rightful heirs. It involves: - Confirming and filing the will (if there is one) - Taking inventory and valuing assets like property or bank accounts - Paying debts and taxes owed by the estate - Distributing what remains to beneficiaries according to the will or Arizona law If there’s no will, the estate is considered “intestate,” and state rules decide how the property is divided. This can sometimes lead to disagreements among family members, making the process even harder. ## **How Our Scottsdale Probate Attorneys Can Help You** Handling probate on your own can feel like trying to solve a puzzle while grieving. That’s where our compassionate Scottsdale probate attorneys step in. We manage the complex paperwork, court filings, and deadlines so you can focus on your family. Here’s how we support you: - Filing the necessary documents with the probate court - Identifying and securing assets during the probate period - Settling debts and taxes properly - Handling disputes or challenges among heirs or creditors - Making sure assets are distributed fairly and legally By guiding you through these steps, we reduce the chance of errors that can delay the process or cause legal headaches later on. ## Why You Should Consider Working With a Probate Lawyer in Scottsdale** Probate isn’t just about paperwork—it’s often tied up with family feelings and expectations. Without legal help, a simple misunderstanding or missed deadline could create bigger problems, including: - Family disagreements over asset distribution - Creditors making unexpected claims - Court delays caused by incomplete or incorrect filings Our Scottsdale probate attorneys bring calm and clarity during this tough time. We handle the legal details, so you avoid costly mistakes and preserve peace within your family. ## **Personalized Probate Support That Fits Your Family’s Needs** Every family’s situation is different, and probate cases can range from straightforward to complicated. At KEYTLaw, our attorneys provide personalized attention, tailoring their approach to your unique needs and circumstances. Whether you’re dealing with a small estate or a large one with many assets, we’re here to help. Ready to take the next step? Contact KEYTLaw now to [schedule a free consultation](https://web.archive.org/web/20250812051336/https://www.keytlaw.com/contact/) with one of our caring Scottsdale probate attorneys and get the guidance you deserve. We also offer virtual consultations to make it easier for you to get the support you need, no matter where you are in Scottsdale or the surrounding areas. --- ### [Mesa, AZ Probate Attorneys](https://www.keytlaw.com/mesa-az-probate-attorneys/) **Published:** June 28, 2025 **Author:** Richard Keyt **Content:** ## Mesa, Arizona Probate Attorney 2026 by [Richard C. Keyt](http://www.keytlaw.com/richard-c-keyt/), Arizona probate lawyer, 480-664-7472 Probate can feel like uncharted territory during one of life’s most difficult moments. At KEYTLaw, our experienced Mesa probate attorneys are here to provide you with the clarity, compassion, and support you need—ensuring that you’re never alone in navigating this complex process. **Key Takeaways** - Probate is the legal process for settling a person’s estate after they pass away. - It often involves validating a will, resolving debts, and distributing assets. - With the right legal guidance, probate can be more manageable and less overwhelming. Losing someone you love is never easy, and we extend our deepest condolences to you during this difficult time. Grief can feel overwhelming on its own, and when combined with legal paperwork, deadlines, and court procedures, it can become even more challenging. Probate is often one of those processes that feels complicated and foreign, something many people don’t encounter until they must. At KEYTLaw, our knowledgeable Mesa probate attorneys are here to offer not just legal guidance but also steady, compassionate support to help you through the process. We break everything down step by step, explain things clearly, and let you proceed at a pace that works for you. If you’re unsure where to start or need assistance navigating this process, we offer a [free consultation](https://www.keytlaw.com/arizona-probates/) to help you understand your options and feel more in control during this time. Reach out today and learn how we can help. **What Is Probate and Who Needs It in Arizona?** Probate is the legal process through which a person’s estate is settled after their death. This includes proving the validity of the will (if there is one), identifying assets, paying any outstanding debts, and distributing the remaining assets to the rightful heirs. In Arizona, like most states, probate is generally required if the deceased person owned property solely in their name or didn’t have a well-prepared estate plan. Common examples that often require probate include: - Real property owned individually - Bank accounts without designated beneficiaries - Personal property, like cars or business assets, not held in a trust If a valid will exists, it must be validated by the probate court. If no will exists, Arizona law will dictate how the estate is distributed. **Can You Avoid Probate in Arizona?** Yes, it’s often possible to [avoid probate with the right planning](https://www.youtube.com/watch?v=XEQ-33sYeg8). Probate can take time, cost money, and become a matter of public record. However, with careful estate planning, probate can often be bypassed entirely. Here are a few strategies that can help you avoid probate in Arizona: - [Revocable Living Trust 101: How It Works & Why You Need One](https://www.keytlaw.com/revocable-living-trust-benefits/) – Assets held in a living trust pass directly to beneficiaries without going through the court process. - **Payable-on-Death (POD) or Transfer-on-Death (TOD) Accounts** – Certain accounts can be set up to pass directly to a beneficiary, bypassing probate. - **Joint Ownership with Right of Survivorship** – Property owned jointly with another person typically passes automatically to the surviving owner. - **Beneficiary Designations** – Life insurance policies and retirement accounts can name beneficiaries to receive the proceeds without probate. It’s important to establish these tools before someone passes away. If not properly set up, probate is likely to be required. Arizona Probate: Steps and Timeline** The [probate process in Arizona](https://www.youtube.com/watch?v=15M-Lvl9DsU) generally follows a predictable course, though the timeline can vary depending on the circumstances. Here’s a look at the typical steps involved in the Arizona probate process (our compassionate Mesa probate attorneys can walk you through all of these!): - **Filing the Petition** – Probate begins when a petition is filed with the court by the executor or a close family member. - **Appointing a Personal Representative** – The court appoints a personal representative to manage the estate. - **Notice to Creditors** – Creditors are notified and given time to file claims against the estate. - **Inventory and Appraisal** – All assets of the estate must be inventoried and appraised. - **Paying Debts and Taxes** – The estate must settle any outstanding debts and taxes before distributing assets. - **Distributing Assets** – After all debts are settled, the remaining assets are distributed to heirs. - **Closing the Estate** – The estate is formally closed after a final accounting is submitted to the court. **How Long Does Probate Take?** The duration of probate in Arizona can vary depending on the size and complexity of the estate. There are two main types of probate proceedings in Arizona: Summary Administration and Formal Administration. - **Summary Administration (for small estates):** This is a faster option for estates that meet specific criteria. If the estate is valued at $75,000 or less (not including the value of real property), and there are no creditors or disputes, it can often be settled within 2 to 4 months. This process is streamlined and less formal, making it a quicker alternative to the more typical formal process. - **Formal Administration:** For larger estates or those with complications, Formal Administration is required. This process is more comprehensive and can take anywhere from 6 to 12 months, depending on the estate’s complexity. If the estate is contested by family members or creditors, the process may take even longer. Formal Administration involves a more detailed review of the estate’s assets, debts, and distribution, and includes additional court filings and hearings. **How Our Mesa Probate Attorneys Can Help** At KEYTLaw, we understand that probate is not just about paperwork—it involves emotions, tough decisions, and the future of your family. We’re here to help you through the process with calm and clarity. Here’s how we can assist: - Determining if probate is necessary - Filing all necessary court documents - Managing creditor claims and tax issues - Facilitating communication with heirs and keeping the peace - Handling timelines, deadlines, and legal requirements - Advising on strategies to simplify or expedite the process Whether you are just beginning the probate process or find yourself stuck in the middle, our team is here to help. Our firm takes on the legal complexities so you can focus on what matters most—moving forward. If you are facing probate in Mesa or anywhere else in Arizona, [reach out today for a free consultation](https://www.keytlaw.com/contact/) and get the support you need during this challenging time. --- ### [Arizona Small Estate Probate Exemption Affidavit](https://www.keytlaw.com/small-estate-affidavit/) **Published:** April 17, 2025 **Author:** Richard Keyt **Content:** ## Arizona Small Estate Probate Exemption Affidavit 2026 ## Hire Us to Prepare a Small Estate Probate Exemption Affidavit Hire Arizona probate attorney [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) to prepare one or both of the following Affidavits to avoid probate for a deceased person’s Arizona land and/or personal property: - Small Estate Probate Exemption Affidavit for **Personal Property** of the Decedent with a total value of less than $200,000. Our fee is $800. - Small Estate Probate Exemption Affidavit for Arizona **Real Estate** of the Decedent valued at less than $300,000 (fair market value minus liens). Our fee is $1,800, which includes the Superior Court filing fee. To hire Richard to prepare one or both of the Affidavits complete and submit the questionnaire below. When you click the submit icon, our system will send an email to you and Richard containing all the information you entered. ## Arizona Small Estate Probate Exemption Affidavit Questionnaire Date of this Questionnaire(Required) Purpose of this Questionnaire(Required) The purpose of this questionnaire is to hire Arizona probate attorney [Richard C. Keyt]() to prepare one or both of the following documents for the estate of a deceased person: • For $800: a **Small Estate Affidavit for Personal Property** of the Decedent that has a total value of less than $200,000, and/or • For $1,800: a **Small Estate Affidavit for Arizona Real Estate** of the Decedent that is valued at less than $300,000 (fair market value minus liens). Select the Services You Want to Buy? **Personal Property Small Estate Affidavit** for $800 for personal property with a total value of less than $200,000. This includes cash, bank accounts, stocks and bonds, investment accounts, cars, jewelry, furniture, equipment, money owed to the person who died, in the estate of the person who died (the “Deceased”), wherever that property is located, less liens and encumbrances, and at least 30 days have passed since the Deceased died. **Real Estate Small Estate Affidavit** for $1,800 for Arizona real estate with an assessed value of all of the real property (land and permanent structures on the land) in the Deceased’s estate located in Arizona, less liens and encumbrances on the land as of the date of the Deceased’s death, does not exceed $300,000, and at least 6 months have passed since the Deceased’s death. Select one or both of the above options. ### Applicant Information The Applicant is the person who is entitled to the assets of the deceased person. Affidavit Applicant's Legal Name(Required) First Middle Last Suffix Applicant's Phone(Required) Applicant's Email Address(Required) Enter Email Confirm Email Applicant'sAddress(Required) Street Address Address Line 2 City AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code What was the Applicant's Relationship with the Deceased? Are there Any Other People Who are Entitled to Inherit the Deceased Person's Assets?(Required) Yes No Additional People Entitled to the Deceased's AssetsLegal Name Address Email Relationship Add Remove Click on the + symbol at the right end of the line to add an additional row for another heir. ### Deceased Information Legal Name of the Deceased Person (the "Deceased") First Middle Last Suffix Date of Death(Required) Location at Time of Death Did the Deceased Have a Will? Yes and I will email a copy of the Will to rck@keytlaw.com No Don’t know. Have not found a Will yet. Your Legal Basis for Filing the Affidavit The person applying for the Affidavit (the “Applicant”) represents and warrants the following: He or she is entitled to the real property and/or personal property, and has the legal right (“legal standing”) to submit an affidavit claiming the property because: • The Applicant is named in a will to receive the property and the Applicant can prove it; OR • The Deceased did not have a will and the Applicant is related to the Deceased as: 1. surviving spouse, or 2. child, if there is no surviving spouse – or if there is a surviving spouse that is not the Applicant’s parent and the Applicant’s parent, the Deceased, had separate or community property, or 3. A Parent, if there is no surviving spouse or child, or 4. brother or sister, if there is no surviving spouse or child or parent, AND • If there are people with equal or greater right than you to the property, they have all assigned their entire interests in the estate to you, which is proven by the copy of the documents they signed to this effect that you can attach to the affidavit. ### Information about the Deceased's Personal Property Describe the Deceased's Personal Property(Required) Describe all the personal property, each item’s value and who has possession of it or where is it now? Total Value of All Personal Property(Required) The Applicant is claiming successor to the personal property because the Applicant is entitled to payment or delivery of the property because the Applicant is: (Check all boxes that apply.) Applicant is named in the Deceased’s Will. The Deceased did not have a Will, but I am entitled to the property under law because one of the reasons checked in the question that follows this question. The Deceased died without a Will and the people with equal or greater right than I have to the property have all assigned their entire interests in the estate to me, which is proven by the copy of the documents they signed to this effect that I will email to Richard C. Keyt at rck@keytlaw.com. The Deceased died and left a valid Will and the people with equal or greater right than I have to the property have all assigned their entire interests in the estate to me, which is proven by the copy of the documents they signed to this effect that I am will email to Richard C. Keyt at rck@keytlaw.com. Select one of the above options. The Deceased did not have a Will, but I am entitled to the property under law because:(Required) I am the spouse of the Deceased. I am a child of the Deceased, and there is no surviving spouse, or there is a surviving spouse but he or she is not my parent and the Deceased had separate or community property. I am the parent of the Deceased, and there is no surviving spouse or child. I am a brother or sister of the Deceased, and there is no surviving spouse, child or parent. The Deceased died without a Will and I am the sole heir. Select one of the above options. ### Information about the Deceased's Real Estate Description of the Real Property in Arizona(Required) What was the Decedent's Interest in the Land?(Required) The interest of the person who died in the real property is (list how the decedent held title to the property or other interest in the property). What is the Value of the Decedent's Interest in the Land?(Required) The assessed value in the estate of the person who died of all real property located in Arizona, including any debt secured by a lien on real property, less liens and encumbrances against the real property as of the date of the death, does not exceed $300,000.00. Email Copies of the Deed(s) to Richard C. Keyt(Required) Email a copy of all deeds to Richard C. Keyt at rck@keytlaw.com. Applicant's Affirmation that the Land Value is Less than $300,000(Required) Applicant represents and warrants that the assessed value of the Arizona land in the Deceased’s estate, including any debt secured by a lien on real property, less liens and encumbrances against the land as of the Deceased’s date of death does not exceed $300,000.00. Applicant's Affirmation that there is No Probate(Required) Applicant represents and warrants that an application or petition for appointment of a personal representative of Deceased’s estate is not pending or has not been granted in any jurisdiction OR an application has been granted but the personal representative has been discharged or more than one year has elapsed since a closing statement has been filed and the $300,000 limit on the value of the property has not been exceeded. Applicant's Affirmation that Deceased's Expenses Have Been Paid(Required) Applicant represents and warrants that all funeral expenses, expenses of last illness, and all unsecured debts of the Deceased have been paid. Applicant's Affirmation that Only Applicant Has Right to the Deceased's Property(Required) Applicant represents and warrants that no other person has a right to the interest of the decedent in the described property. Applicant's Affirmation that Deceased Does Not Owe any Taxes(Required) Applicant represents and warrants that no federal or Arizona estate tax is owed by the Deceased. Reasons Why I/We are Entitled to the Land(Required) The Deceased did not have a Will, and I am entitled to the property by law because of the reason checked in the next question. The Deceased did not have a Will, and I am entitled to the land by law because the reason checked in the question that is two questions below this question.. The Deceased died without a Will and I am or we are the sole heir(s). The Deceased died without a Will and the people with equal or greater right than I have to the land have assigned their entire interests in the Deceased’s estate to me, which is proven by the copy of the documents they signed to this effect that I will email to Richard C. Keyt at rck@keytlaw.com. The Deceased died without a Will and the people with equal or greater right than I/we have to the property have assigned their entire interests in the estate to me or all of us. This assignment is proven by the copy(ies) of the signed documents I will email to Richard C. Keyt at rck@keytlaw.com. The Deceased died and left a valid Will that give the entire estate to me/us. The Deceased left a valid Will, and the people with equal or greater right than I have to the property assigned their entire interest in the estate to me. This assignment is proven by the copy of the signed document I will email to Richard C. Keyt at rck@keytlaw.com. The Deceased died and left a valid Will, and the people with equal or greater right than I or we have to the property assigned their entire interest in the estate to me or us. This assignment is proven by the copy of the document(s) I will email to Richard C. Keyt at rck@keytlaw.com. The Deceased Did Not Have a Will, and I am entitled to the property by law because:(Required) I am the spouse of the Deceased. I am a child of the Deceased and there is no surviving spouse, or there is a surviving spouse but he or she is not my parent and the deceased had separate or community property. I am the parent of the Deceased and there is no surviving child, spouse or other parent. I am a brother or sister of the Deceased, and there is no surviving spouse, child or parent. The Deceased died without a Will, and we are entitled to the property by law because(Required) We are children of the Deceased, and there is no surviving spouse, or there is a surviving spouse but he or she is not our parent and the deceased had separate or community property. We are a brother(s) and/or sister(s) of the Deceased, and there is no surviving spouse, child, or parent. Do You Have any Additional Information You Want Richard to Know?(Required) Yes No Additional Information(Required) ### How to Pay How to Pay $1,800 for a Real Estate Affidavit(Required) To pay $1,800 go to our [secure order page](https://secure.lawpay.com/pages/keytlaw/operating) to pay for your Affidavit with your major credit or debit card. You may also give us your card information by calling our legal assistant at 480-664-7846. How to Pay $800 for a Personal Property Affidavit(Required) To pay $800 go to our [secure order page](https://secure.lawpay.com/pages/keytlaw/operating) to pay for your Affidavit with your major credit or debit card. You may also give us your card information by calling our legal assistant at 480-664-7846. How to Pay $2,600 for Two Affidavits To pay $2,600 go to our [secure order page](https://secure.lawpay.com/pages/keytlaw/operating) to pay for your Affidavits with your major credit or debit card. You may also give us your card information by calling our legal assistant at 480-664-7846. Applicant's Signature(Required) ![Clear Signature](data:image/png;base64,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) Sign your name above to confirm that all of the information entered above is correct. Click the Submit Questionnaire Button Below When you click on the Submit Questionnaire button our system will send you an email that has all the information you entered. Please review that email and reply and tell us everything is correct or reply and tell us what you want to change. Submit Save & Continue ## Small Estate Affidavit Questionnaire Date of this Questionnaire(Required) Purpose of this Questionnaire(Required) The purpose of this questionnaire is to hire Arizona probate attorney [Richard C. Keyt]() to prepare one or both of the following documents for the estate of a deceased person: • For $800: a **Small Estate Affidavit for Personal Property** of the Decedent that has a total value of less than $200,000, and/or • For $1,800: a **Small Estate Affidavit for Arizona Real Estate** of the Decedent that is valued at less than $300,000 (fair market value minus liens). Select the Services You Want to Buy? **Personal Property Small Estate Affidavit** for $800 for personal property with a total value of less than $200,000. This includes cash, bank accounts, stocks and bonds, investment accounts, cars, jewelry, furniture, equipment, money owed to the person who died, in the estate of the person who died (the “Deceased”), wherever that property is located, less liens and encumbrances, and at least 30 days have passed since the Deceased died. **Real Estate Small Estate Affidavit** for $1,800 for Arizona real estate with an assessed value of all of the real property (land and permanent structures on the land) in the Deceased’s estate located in Arizona, less liens and encumbrances on the land as of the date of the Deceased’s death, does not exceed $300,000, and at least 6 months have passed since the Deceased’s death. Select one or both of the above options. ### Applicant Information The Applicant is the person who is entitled to the assets of the deceased person. Affidavit Applicant's Legal Name(Required) First Middle Last Suffix Applicant's Phone(Required) Applicant's Email Address(Required) Enter Email Confirm Email Applicant'sAddress(Required) Street Address Address Line 2 City AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code What was the Applicant's Relationship with the Deceased? Are there Any Other People Who are Entitled to Inherit the Deceased Person's Assets?(Required) Yes No Additional People Entitled to the Deceased's AssetsLegal Name Address Email Relationship Add Remove Click on the + symbol at the right end of the line to add an additional row for another heir. ### Deceased Information Legal Name of the Deceased Person (the "Deceased") First Middle Last Suffix Date of Death(Required) Location at Time of Death Did the Deceased Have a Will? Yes and I will email a copy of the Will to rck@keytlaw.com No Don't know. Have not found a Will yet. Your Legal Basis for Filing the Affidavit The person applying for the Affidavit (the “Applicant”) represents and warrants the following: He or she is entitled to the real property and/or personal property, and has the legal right (“legal standing”) to submit an affidavit claiming the property because: • The Applicant is named in a will to receive the property and the Applicant can prove it; OR • The Deceased did not have a will and the Applicant is related to the Deceased as: 1. surviving spouse, or 2. child, if there is no surviving spouse – or if there is a surviving spouse that is not the Applicant’s parent and the Applicant’s parent, the Deceased, had separate or community property, or 3. A Parent, if there is no surviving spouse or child, or 4. brother or sister, if there is no surviving spouse or child or parent, AND • If there are people with equal or greater right than you to the property, they have all assigned their entire interests in the estate to you, which is proven by the copy of the documents they signed to this effect that you can attach to the affidavit. ### Information about the Deceased's Personal Property Describe the Deceased's Personal Property(Required) Describe all the personal property, each item's value and who has possession of it or where is it now? Total Value of All Personal Property(Required) The Applicant is claiming successor to the personal property because the Applicant is entitled to payment or delivery of the property because the Applicant is: (Check all boxes that apply.) Applicant is named in the Deceased's Will. The Deceased did not have a Will, but I am entitled to the property under law because one of the reasons checked in the question that follows this question. The Deceased died without a Will and the people with equal or greater right than I have to the property have all assigned their entire interests in the estate to me, which is proven by the copy of the documents they signed to this effect that I will email to Richard C. Keyt at rck@keytlaw.com. The Deceased died and left a valid Will and the people with equal or greater right than I have to the property have all assigned their entire interests in the estate to me, which is proven by the copy of the documents they signed to this effect that I am will email to Richard C. Keyt at rck@keytlaw.com. Select one of the above options. The Deceased did not have a Will, but I am entitled to the property under law because:(Required) I am the spouse of the Deceased. I am a child of the Deceased, and there is no surviving spouse, or there is a surviving spouse but he or she is not my parent and the Deceased had separate or community property. I am the parent of the Deceased, and there is no surviving spouse or child. I am a brother or sister of the Deceased, and there is no surviving spouse, child or parent. The Deceased died without a Will and I am the sole heir. Select one of the above options. ### Information about the Deceased's Real Estate Description of the Real Property in Arizona(Required) What was the Decedent's Interest in the Land?(Required) The interest of the person who died in the real property is (list how the decedent held title to the property or other interest in the property). What is the Value of the Decedent's Interest in the Land?(Required) The assessed value in the estate of the person who died of all real property located in Arizona, including any debt secured by a lien on real property, less liens and encumbrances against the real property as of the date of the death, does not exceed $300,000.00. Email Copies of the Deed(s) to Richard C. Keyt(Required) Email a copy of all deeds to Richard C. Keyt at rck@keytlaw.com. Applicant's Affirmation that the Land Value is Less than $300,000(Required) Applicant represents and warrants that the assessed value of the Arizona land in the Deceased's estate, including any debt secured by a lien on real property, less liens and encumbrances against the land as of the Deceased's date of death does not exceed $300,000.00. Applicant's Affirmation that there is No Probate(Required) Applicant represents and warrants that an application or petition for appointment of a personal representative of Deceased's estate is not pending or has not been granted in any jurisdiction OR an application has been granted but the personal representative has been discharged or more than one year has elapsed since a closing statement has been filed and the $300,000 limit on the value of the property has not been exceeded. Applicant's Affirmation that Deceased's Expenses Have Been Paid(Required) Applicant represents and warrants that all funeral expenses, expenses of last illness, and all unsecured debts of the Deceased have been paid. Applicant's Affirmation that Only Applicant Has Right to the Deceased's Property(Required) Applicant represents and warrants that no other person has a right to the interest of the decedent in the described property. Applicant's Affirmation that Deceased Does Not Owe any Taxes(Required) Applicant represents and warrants that no federal or Arizona estate tax is owed by the Deceased. Reasons Why I/We are Entitled to the Land(Required) The Deceased did not have a Will, and I am entitled to the property by law because of the reason checked in the next question. The Deceased did not have a Will, and I am entitled to the land by law because the reason checked in the question that is two questions below this question.. The Deceased died without a Will and I am or we are the sole heir(s). The Deceased died without a Will and the people with equal or greater right than I have to the land have assigned their entire interests in the Deceased’s estate to me, which is proven by the copy of the documents they signed to this effect that I will email to Richard C. Keyt at rck@keytlaw.com. The Deceased died without a Will and the people with equal or greater right than I/we have to the property have assigned their entire interests in the estate to me or all of us. This assignment is proven by the copy(ies) of the signed documents I will email to Richard C. Keyt at rck@keytlaw.com. The Deceased died and left a valid Will that give the entire estate to me/us. The Deceased left a valid Will, and the people with equal or greater right than I have to the property assigned their entire interest in the estate to me. This assignment is proven by the copy of the signed document I will email to Richard C. Keyt at rck@keytlaw.com. The Deceased died and left a valid Will, and the people with equal or greater right than I or we have to the property assigned their entire interest in the estate to me or us. This assignment is proven by the copy of the document(s) I will email to Richard C. Keyt at rck@keytlaw.com. The Deceased Did Not Have a Will, and I am entitled to the property by law because:(Required) I am the spouse of the Deceased. I am a child of the Deceased and there is no surviving spouse, or there is a surviving spouse but he or she is not my parent and the deceased had separate or community property. I am the parent of the Deceased and there is no surviving child, spouse or other parent. I am a brother or sister of the Deceased, and there is no surviving spouse, child or parent. The Deceased died without a Will, and we are entitled to the property by law because(Required) We are children of the Deceased, and there is no surviving spouse, or there is a surviving spouse but he or she is not our parent and the deceased had separate or community property. We are a brother(s) and/or sister(s) of the Deceased, and there is no surviving spouse, child, or parent. Do You Have any Additional Information You Want Richard to Know?(Required) Yes No Additional Information(Required) ### How to Pay How to Pay $1,800 for a Real Estate Affidavit(Required) To pay $1,800 go to our [secure order page](https://secure.lawpay.com/pages/keytlaw/operating) to pay for your Affidavit with your major credit or debit card. You may also give us your card information by calling our legal assistant at 480-664-7846. How to Pay $800 for a Personal Property Affidavit(Required) To pay $800 go to our [secure order page](https://secure.lawpay.com/pages/keytlaw/operating) to pay for your Affidavit with your major credit or debit card. You may also give us your card information by calling our legal assistant at 480-664-7846. How to Pay $2,600 for Two Affidavits To pay $2,600 go to our [secure order page](https://secure.lawpay.com/pages/keytlaw/operating) to pay for your Affidavits with your major credit or debit card. You may also give us your card information by calling our legal assistant at 480-664-7846. Applicant's Signature(Required) ![Clear Signature](data:image/png;base64,iVBORw0KGgoAAAANSUhEUgAAABgAAAAYCAYAAADgdz34AAAAGXRFWHRTb2Z0d2FyZQBBZG9iZSBJbWFnZVJlYWR5ccllPAAAAtRJREFUeNrsld9rklEYx32nc7i2GulGtZg6XJbJyBeJzbGZJJVuAyFD7D8QumiG7nLXQuw6dtHN7oYwFtIgDG+2CGQtGf1grBpWIkPHaDpJZvZ95F2cqfPHRTfRgY/H85znfb7nPc85z8sVi0XR32zcf4GmBTiOk8GWY8YSdEpwHpwG7eAA/ABJsA3/w5MEJOUGi8VyCUFFeCiGvlcsFvOFQqGtzK1d4Bzmr8DvDfy/NyTgcDj6I5GIGA91YdiN4CW7RqNp83g8fZ2dna17e3v5ubm5r1tbWz8F8WH4v4PIh7oCTOumH4VCIQkGg6axsTElgkRhyoJTXq/33srKStzpdL5KpVK0RVcxvw+Rb40KlNr09LTSbDZH8HcJ/DqyY2sksE9Go1GHVqsN5fP5Yk9Pz3WIJNmctNQT8Pl8n/DQZza40CjIokqlerywsMCTYWdnpwVjTb0kF1dXVy2sLR6Pn4HIJnu6mLZht9s3KUeUE7VarYPt459ZOqZlKMFEFRRVfI+QzMzMeBHOOTAw4GbnKt4AK6Vte0/nHA6pBu/T4ejoqAgnS4dTlT82U74aJOourYTn+ds1VlyNm+AReMjaK5LsdrvpxoqSyWSX8DbVSwDHtYJ+hi9gETxl/SoCWK1WGfWJRKLQ0dGhO0kAq5MGAoFB/OVZXC6XtqYAzvamwWCgMiDK5XKXsSL5CRpZv98vnp+fH2SNJpPpYk0BlIIXSJaB/lOZkEqlNyCi4ahAHd8iajGUj41a2a+2xzmj0fgsFAoN0QA3lAJfAxMISDeVpx7jSbJnMplSOZ6amuptVIBaZHx8/G0sFruj1+tlgo2KWh/oF3opGWl+bW3t1uzsrHJ5eXm42Q+OGW/wADc7gYe3w+Fwen19/YByhMMgt9lsqpGRkQvYxifwfQnup9PprFwuX2rmi0ZvYAdDwurPgl1A9ek1eE7byqYR7P873+TfAgwATQiKdubVli0AAAAASUVORK5CYII=) Sign your name above to confirm that all of the information entered above is correct. Click the Submit Questionnaire Button Below When you click on the Submit Questionnaire button our system will send you an email that has all the information you entered. Please review that email and reply and tell us everything is correct or reply and tell us what you want to change. Submit Save & Continue --- ### [Guardian of Minor Children Needs Fixing](https://www.keytlaw.com/xxx/) **Published:** April 21, 2026 **Author:** Richard Keyt **Content:** ## Guardian of Arizona Minor Children [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). ![guardian-faq](https://www.keytlaw.com/wp-content/uploads/2026/04/guardian-faq-1024x559.png "guardian-faq - KEYTLaw") ## Our 5 Star Reviews Excellent [KEYTLaw LLC](https://www.keytlaw.com/)4.9 [See all reviews](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Cindy S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My son passed away in AZ where he lived. I, his mother live in Savannah, GA. Not familiar with AZ law, I went to the Keyt Law offices in Phoenix. Richard Keyt Jr. was very welcoming and helpful from the start and all the way through Probate. Any questions that I had, he answered promptly and efficiently. I would highly recommend this Law firm. I am very pleased! Thank you Richard!!!!! [Divine Doors Assisted Living, L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My attorney Ricky with KEYTLaw has been so helpful through the process of starting my business. I am grateful to him and his staff for their timely assistance and for their expertise. [Mark B.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Laura H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have worked with Keyt law for many years, they’ve helped me form all of my LLCs, create my estate plan, and handle many other legal matters. Their staff is always friendly, responsive, and professional, making every process smooth and stress free. I highly recommend Keyt Law to anyone looking for knowledgeable attorneys who provide exceptional service. [Lucia W.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I first contacted Keyt Law firm when I was thinking about opening up my own nonprofit business. Everyone that I spoke to was very patient and knowledgeable in going through the steps necessary to make sure that I was comfortable in what I was endeavoring to do. Special thanks to Noah who was always available to answer my questions and guided me through all the steps. I am very confident in recommending Keyt Law Firm. [Greg M.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Noah is very helpful with a can do attitude. I wish the world had more like him. [montetackett](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Easy, affordable and accurate. [Valli Dawn H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard, Noah and the team at Keyt Law did a great job helping us with several estate and corporate planning goals we had. They were prompt, thorough, provided great communication and we will contact them again anytime we need updates or help. [Joseph Z.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Awesome services and great communication. Highly recommended! [Susan R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Twenty years ago I decided to start a non profit with no business experience and a vision of helping teens who were facing multiple challenges. I found Keyt Law online with free information for start ups like mine. I randomly called the office and Mr. Keyt answered the phone. I explained my mission and he spent the next hour taking me through the process. He never sent me a bill for his invaluable time. Keyt Law has been my statutory agent since then with a very small fee. Any time I have a question or problem they are there for me. The integrity of this law firm is a direct reflection of its Founder. I was blessed to have them by my side. Special thanks to Noah from accounting who helped me with my annual report! [Andrew K.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very efficient service. My experience is limited to the formation of two LLCs. They were handled very well and quickly. The price was also reasonable. [Jerry G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Used them to set up LLC and annual renewal. Seamless and easy to work with. [M.M. R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very glad to give 5 star rating to KeithLaw firm. We have established an IRA LLC from 13 years ago with assistance from this very client friendly law firm. I found them to be very reliable, courteous and easy to work with. I still talk to them from time to time for timely advice as needed. I very strongly recommend this friendly family friendly legal firm to any one in need of legal help particularly those from retired community. [Mary E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law Firm was great in helping us set up our LLC and keeping us informed when things need to be renewed. [Eric G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard’s expertise and guidance made a big difference for us and we would not have been able to do this without his knowledge. He was kind enough to “warn us” that our first 1023 application may not get IRS approval because it wasn’t mission driven enough. That caused us to completely reframe our entire concept and a complete redo of the form and it worked out so well that we actually got approval from the IRS two weeks after submitting our form 1023 along with an expedited request. Thank you so much Richard! [Justin G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very helpful with setting up business organizations. [Latrice J.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I absolutely appreciate this firm because they have assisted me With my nonprofit in terms of setting it up and assisting me with education via their website and much more. I would not be able to continue helping survivors and domestic violence without their support. [Kara E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard Keyt Jr. is one of the most knowledgeable and thorough attorneys I have worked with. We hired Richard to review trust, estate, and loan documents that had been prepared by another attorney. During his review, he identified a significant issue that could have resulted in approximately hundreds of thousands of dollars in unnecessary tax consequences. His analysis likely saved our family an enormous amount of money and gave us confidence that the documents were accomplishing what was actually intended. When revised documents were later prepared, Richard reviewed those as well and identified additional concerns that warranted further attention. His willingness to carefully review every detail and ask the difficult questions provided an extra level of protection that was invaluable. What sets Richard apart is his ability to explain highly complex trust, estate, and tax issues in a way that ordinary people can understand. He is approachable, patient, and easy to talk to. He can support his opinions with statutes and case law, yet he never comes across as arrogant or intimidating. When dealing with important family, trust, and estate matters, you need someone who is willing to look beyond the surface and identify problems before they become expensive mistakes. Richard did exactly that for us. His expertise, attention to detail, and commitment to protecting his clients’ interests gave us tremendous peace of mind. I recommend Richard Keyt Jr. without hesitation. If you are looking for an attorney who combines exceptional legal knowledge with practical, understandable advice, Richard is an excellent choice. [Jacqueline F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) They set up my LLC 5 years ago and have been taking great care of me ever since! [Josh F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Bela F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Excellent staff, professional, attentive and considerate [Wayne L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very easy to work with and responsive, will be using them again. [Ken E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have done several LLCs and other work with Keyt Law, and they are expert, fast, affordable and easy to work with. Richard is always super accessible on the phone and he always makes time to answer questions, discuss options and provide solutions. [Dar S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law establishment out LLC for us and were very knowledgeable and efficient. They are great about providing their customers with information they should know about and there is no pressure to upsell you further services. [Garratt P.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Exceptionally professional, informative, and easy to work with. Richard Keyt Jr. made the process seamless and informative. The Gold Package is worth every penny. You will also receive this beautiful leather bound book with all your documents. ## Our 5-Star Reviews Excellent [KEYTLaw LLC](https://www.keytlaw.com/)4.9 [See all reviews](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Cindy S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My son passed away in AZ where he lived. I, his mother live in Savannah, GA. Not familiar with AZ law, I went to the Keyt Law offices in Phoenix. Richard Keyt Jr. was very welcoming and helpful from the start and all the way through Probate. Any questions that I had, he answered promptly and efficiently. I would highly recommend this Law firm. I am very pleased! Thank you Richard!!!!! [Divine Doors Assisted Living, L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) My attorney Ricky with KEYTLaw has been so helpful through the process of starting my business. I am grateful to him and his staff for their timely assistance and for their expertise. [Mark B.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Laura H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have worked with Keyt law for many years, they’ve helped me form all of my LLCs, create my estate plan, and handle many other legal matters. Their staff is always friendly, responsive, and professional, making every process smooth and stress free. I highly recommend Keyt Law to anyone looking for knowledgeable attorneys who provide exceptional service. [Lucia W.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I first contacted Keyt Law firm when I was thinking about opening up my own nonprofit business. Everyone that I spoke to was very patient and knowledgeable in going through the steps necessary to make sure that I was comfortable in what I was endeavoring to do. Special thanks to Noah who was always available to answer my questions and guided me through all the steps. I am very confident in recommending Keyt Law Firm. [Greg M.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Noah is very helpful with a can do attitude. I wish the world had more like him. [montetackett](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Easy, affordable and accurate. [Valli Dawn H.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard, Noah and the team at Keyt Law did a great job helping us with several estate and corporate planning goals we had. They were prompt, thorough, provided great communication and we will contact them again anytime we need updates or help. [Joseph Z.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Awesome services and great communication. Highly recommended! [Susan R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Twenty years ago I decided to start a non profit with no business experience and a vision of helping teens who were facing multiple challenges. I found Keyt Law online with free information for start ups like mine. I randomly called the office and Mr. Keyt answered the phone. I explained my mission and he spent the next hour taking me through the process. He never sent me a bill for his invaluable time. Keyt Law has been my statutory agent since then with a very small fee. Any time I have a question or problem they are there for me. The integrity of this law firm is a direct reflection of its Founder. I was blessed to have them by my side. Special thanks to Noah from accounting who helped me with my annual report! [Andrew K.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very efficient service. My experience is limited to the formation of two LLCs. They were handled very well and quickly. The price was also reasonable. [Jerry G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Used them to set up LLC and annual renewal. Seamless and easy to work with. [M.M. R.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very glad to give 5 star rating to KeithLaw firm. We have established an IRA LLC from 13 years ago with assistance from this very client friendly law firm. I found them to be very reliable, courteous and easy to work with. I still talk to them from time to time for timely advice as needed. I very strongly recommend this friendly family friendly legal firm to any one in need of legal help particularly those from retired community. [Mary E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law Firm was great in helping us set up our LLC and keeping us informed when things need to be renewed. [Eric G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard’s expertise and guidance made a big difference for us and we would not have been able to do this without his knowledge. He was kind enough to “warn us” that our first 1023 application may not get IRS approval because it wasn’t mission driven enough. That caused us to completely reframe our entire concept and a complete redo of the form and it worked out so well that we actually got approval from the IRS two weeks after submitting our form 1023 along with an expedited request. Thank you so much Richard! [Justin G.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very helpful with setting up business organizations. [Latrice J.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I absolutely appreciate this firm because they have assisted me With my nonprofit in terms of setting it up and assisting me with education via their website and much more. I would not be able to continue helping survivors and domestic violence without their support. [Kara E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Richard Keyt Jr. is one of the most knowledgeable and thorough attorneys I have worked with. We hired Richard to review trust, estate, and loan documents that had been prepared by another attorney. During his review, he identified a significant issue that could have resulted in approximately hundreds of thousands of dollars in unnecessary tax consequences. His analysis likely saved our family an enormous amount of money and gave us confidence that the documents were accomplishing what was actually intended. When revised documents were later prepared, Richard reviewed those as well and identified additional concerns that warranted further attention. His willingness to carefully review every detail and ask the difficult questions provided an extra level of protection that was invaluable. What sets Richard apart is his ability to explain highly complex trust, estate, and tax issues in a way that ordinary people can understand. He is approachable, patient, and easy to talk to. He can support his opinions with statutes and case law, yet he never comes across as arrogant or intimidating. When dealing with important family, trust, and estate matters, you need someone who is willing to look beyond the surface and identify problems before they become expensive mistakes. Richard did exactly that for us. His expertise, attention to detail, and commitment to protecting his clients’ interests gave us tremendous peace of mind. I recommend Richard Keyt Jr. without hesitation. If you are looking for an attorney who combines exceptional legal knowledge with practical, understandable advice, Richard is an excellent choice. [Jacqueline F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) They set up my LLC 5 years ago and have been taking great care of me ever since! [Josh F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) [Bela F.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Excellent staff, professional, attentive and considerate [Wayne L.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Very easy to work with and responsive, will be using them again. [Ken E.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) I have done several LLCs and other work with Keyt Law, and they are expert, fast, affordable and easy to work with. Richard is always super accessible on the phone and he always makes time to answer questions, discuss options and provide solutions. [Dar S.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Keyt Law establishment out LLC for us and were very knowledgeable and efficient. They are great about providing their customers with information they should know about and there is no pressure to upsell you further services. [Garratt P.](https://search.google.com/local/reviews?placeid=ChIJ_-O0Kc90K4cRvFSGWY3qjus) Exceptionally professional, informative, and easy to work with. Richard Keyt Jr. made the process seamless and informative. The Gold Package is worth every penny. You will also receive this beautiful leather bound book with all your documents. [Book a Free Office, Phone or Zoom Video Meeting](https://www.keytlaw.com/calendar)If you have minor children and you haven’t named a guardian in your estate plan, a judge who has never met your family will make one of the most important decisions of your life. Here are the questions Arizona parents most often ask us about this topic. ## Naming Guardians of Minor Children Frequently Asked Questions ## **1: What exactly is a guardian of a minor child?** A guardian is the person you choose to step in and raise your children if both parents die or become legally unable to act as parents. The guardian has full legal authority to make decisions about your child’s health, education, and daily life — everything you do as a parent right now. It’s important to understand the difference between a **guardian** and a **trustee**. A guardian raises your child. A trustee manages the money and assets you leave behind for your child. These are two separate roles, and both should be named in your estate plan. Sometimes the same person fills both roles. Sometimes it makes more sense to split them. ## **2: What happens if I die without naming a guardian for my children?** A judge decides who raises them. That is not an overstatement — it is exactly what happens under Arizona law. Here is the sequence of events: - **Arizona’s probate court takes jurisdiction** over your minor children immediately. - **Anyone can petition the court** to be appointed guardian — a grandparent, a sibling, an aunt or uncle, even a family friend. If more than one person wants to raise your children, the result can be a painful, expensive legal battle within your own family at the worst possible time. - **A judge applies the “best interests of the child” standard.** That sounds reasonable, but the judge has no idea what you would have wanted, what your values are, what your faith is, or who you trusted most to love your children. Without a written nomination from you, the judge is guessing. - **Your children may be placed in temporary care** while the court proceedings unfold. That transition is hard on children who have just lost their parents. The bottom line: if you don’t name a guardian, you are handing that decision to a stranger in a black robe. --- ## **3: How do I legally name a guardian for my children in Arizona?** Under Arizona law — specifically A.R.S. § 14-5202 — a parent may appoint a guardian for an unmarried minor child in a **Last Will and Testament**. This is called a testamentary appointment of a guardian. At KEYTLaw, every estate plan we prepare also includes a will that formally records your nomination. ## **4: When does the guardian appointment actually take effect?** Not at the moment you die. The appointment only becomes effective when two things happen: - Both parents are deceased (or the surviving parent has been found legally incapacitated by a court), **and** - The person you named files a written acceptance with the probate court. This is one important reason to have a real conversation with your nominee before you name them. They need to know they’ve been nominated, agree to serve, and know where your documents are located. ## **5: What if my spouse and I named different guardians in our wills?** Arizona law has a clear answer: **the appointment made by the parent who died last controls.** This is a strong argument for both parents to agree on a guardian and name the same person in their respective estate plans. If you and your spouse name different people, there is no guarantee the person you chose will end up raising your children. ## **6: Can my child have a say in who becomes their guardian?** Yes — but only if your child is at least 14 years old. Under A.R.S. § 14-5203, a minor who is 14 or older may file a written objection with the court to block or even end a guardian appointment. Children younger than 14 have no formal say in the matter under Arizona law. This is one more reason to name a guardian now, while you are here to make that choice. Once your children are teenagers, they have a voice. Before that, you are the only one who can protect them. ## **7: Does a will avoid probate?** No — and this is one of the most important things we tell our clients. A will names the guardian of your minor children, but a will by itself **does not avoid probate**. The will still has to be filed with and approved by the probate court before it has any legal effect. Probate takes time, costs money, and delays both the care your children need and the financial support your estate is meant to provide. ## **8: What documents does a complete KEYTLaw estate plan include?** Every estate plan we prepare includes the following 10 documents: 1. Revocable Living Trust 2. Certification of Trust 3. Healthcare Power of Attorney 4. HIPAA Authorization 5. Financial Power of Attorney 6. Living Will (Advance Directive) 7. Deed to Transfer Your Home to the Trust 8. Designation of Guardian for Minor Children 9. Assignment of Personal Property to the Trust 10. Personal Property Memorandum ## **9: Should I also protect the money I leave my children?** Absolutely. We strongly recommend including an **irrevocable asset-protected trust** for your children’s inheritance inside your revocable living trust. This shields whatever you leave your children from their creditors, future ex-spouses, and bankruptcy courts. You worked hard to build something worth leaving behind. An asset-protected trust helps make sure it actually stays with the people you love. ## **10: How do I choose the right person to be my children’s guardian?** The legal mechanics are straightforward. The personal decision is harder. Here are the questions we suggest every Arizona parent think through: **Does this person share my values?** Choose someone who will raise your children in alignment with your faith, your parenting philosophy, and your hopes for who your children will become. Financial stability matters, but it is not the only thing that matters. **Is this realistic?** Would your nominee have the capacity to add your children to their family? Do they live close enough to minimize disruption to your children’s schools and friendships? Are they in good enough health to take on this responsibility? **Have you talked to them?** Never surprise someone with this. Have the conversation. Make sure they are willing to serve and that they understand what you would want for your children. **Have you named an alternate?** Life changes. The person you name today may predecease you, become unable to serve, or simply not be in a position to step up when the time comes. Always name a primary guardian and at least one alternate. This article is for general educational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a licensed Arizona attorney. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch this [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). Our estate plan includes a Last Will & Testament that names guardians. [https://youtu.be/VFyDilUWX7Y?si=Ziq2I82wgTfpl9ZW](https://youtu.be/VFyDilUWX7Y?si=Ziq2I82wgTfpl9ZW "Play video "36 Documents & Services in Our Estate Plan with a Revocable Living Trust"") #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don’t charge to talk to people. [Book a Free Office, Phone or Zoom Video Meeting](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [See his bio](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [See his bio](https://www.keytlaw.com/richard-c-keyt) --- ### [Funding Your Trust](https://www.keytlaw.com/funding-your-trust/) **Published:** August 5, 2025 **Author:** Richard Keyt **Content:** ## Hire KEYTLaw to Fund Your Trust 2026 Submit this questionnaire to hire KEYTLaw, LLC, to transfer one or more of your assets to your revocable living trust. ### Trust Funding Questionnaire The purposes of this questionnaire are: (1) to allow you to pick the assets you want us to transfer to your trust, and (2) collect the information about the assets so we can prepare the documents that transfer the assets to your trust. Questionnaire Date(Required) ### Trust Information Name of Your Trust(Required) Date of Your Trust(Required) How Many Trustees Does the Trust Have?(Required) One Two Trustee's Name(Required) First Middle Last Suffix Trustee's Phone(Required) Trustee's Email Address(Required) Enter Email Confirm Email Trustee's Mailing Address(Required) Street Address Address Line 2 City AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code 2nd Trustee's Name(Required) First Middle Last Suffix 2nd Trustee's Phone(Required) 2nd Trustee's Email Address(Required) Enter Email Confirm Email Is the 2nd Trustee's Address the Same as the Other Trustee? Yes No 2nd Trustee's Mailing Address(Required) Street Address Address Line 2 City AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific State ZIP Code ### What Assets Are You Hiring Us to Transfer to Your Trust? Arizona Real Estate $295 Per DeedAddress of the Land In Which County? Current Owner(s) Add Remove If you have more than one parcel of Arizona land click on the + symbol at the right of the line to add another row of fields. Arizona LLC for $450 Per LLCLLC Name Percentage Owned Add Remove We prepare an Assignment of Membership Interest Agreement that transfers to the memberhip interest to the trust, Articles of Amendment to the Articles of Organization that we file with the Arizona Corporation Commission and an updated and amended Operating Agreement. We normally charge $297 to amend a single member Operating Agreement, but you get an amended Operating Agreement for no additional fee. If you have more than one LLC click on the + symbol at the right of the line to add another row of fields. Bank Accounts for $195 Per Account(Required)Bank Name Type of Account Account Number Address Add Remove If you have more than one bank account click on the + symbol at the right of the line to add another row of fields. Investment Accounts for $195 Per Account(Required)Institution Name Type of Account Account Number Address Add Remove If you have more than one investment account click on the + symbol at the right of the line to add another row of fields. LIfe Insurance $195 Per Policy(Required)Insurer Type of Insurance Policy Number Beneficiaries Add Remove If you have more than one life insurance policy click on the + symbol at the right of the line to add another row of fields. Savings Bonds $295 Per Bond(Required)Issue Date Amount Bond Number SSAN, Full Name & Address Add Remove If you have more than one life insurance policy click on the + symbol at the right of the line to add another row of fields. Annunities $295 Per Annuity(Required)Account Number Amount Bond Number SSAN, Full Name & Address Add Remove If you have more than one annuity click on the + symbol at the right of the line to add another row of fields. Do You Have any Additional Information for KEYTLaw? Yes No Additional Information ### Fee Payable to KEYTLaw, LLC Deeds to the Trust Quantity Price: $295.00 Quantity Bank Accounts to the Trust Quantity Price: $195.00 Quantity LLC Assignments to the Trust Quantity Price: $450.00 Quantity Investment Accounts to the Trust Quantity Price: $195.00 Quantity Life Insurance to the Trust Quantity Price: $195.00 Quantity US Savings Bonds Quantity Price: $295.00 Quantity Annunities Quantity Price: $295.00 Quantity ### How to Pay Your Fee Total Fees Payable to KEYTLaw, LLC for the Above Funding Services Go to our [secure order page](https://keytlaw.com/pay) to pay for your services with your major credit or debit card. You may also give us your card information by calling our legal assistant at 480-664-7846. Submit --- ### [Arizona Beneficiary Deeds](https://www.keytlaw.com/ep-arizona-beneficiary-deeds/) **Published:** September 9, 2023 **Author:** Richard Keyt **Content:** ## Benefits of an Arizona Beneficiary Deed 2026 by [Richard Keyt](https://www.keytlaw.com/richard-keyt/), Arizona real estate & estate planning attorney To hire me to prepare an Arizona Beneficiary Deed for $495 complete and submit my online [Arizona Beneficiary Deed Prep](http://www.arizona-wills.com/deed/)[ar](http://www.arizona-wills.com/deed/)[ation Agreement](http://www.arizona-wills.com/deed/). On April 11, 2001, the Governor of Arizona signed into law [Arizona Revised Statutes Section 33-405](https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/33/405.htm), which created a new type of Arizona real property deed known as the Arizona beneficiary deed. By signing and recording an Arizona Beneficiary Deed, an owner of an interest in real property located in Arizona may cause the owner’s interest in the real property to be conveyed to people or entities on the owner’s death. The interest in real property conveyed by a Beneficiary Deed does not take effect until the death of the owner, at which time that interest transfers automatically by law to the designated grantee(s) named in the Beneficiary Deed. The benefits of an Arizona Beneficiary Deed are: 1\. Arizona real property transferred by an Arizona Beneficiary Deed avoids the cost and delay of probate because the property is not part of the probate estate of the deceased owner. Avoiding probate can save a family $5,000 or more in legal fees. 2\. Transferring property by an Arizona Beneficiary Deed is a much cheaper method of avoiding probate than a living trust. The most common method to avoid probate is to create a trust and convey the real property to a trustee. Estate planning lawyers typically charge $3,500 – $8,500 or more to create a living trust. 3\. An Arizona Beneficiary Deed is much simpler than creating and administering a trust. Property must be conveyed by deed to the trustee and the trustee must administer the property according to the terms and conditions of the trust agreement. With an Arizona Beneficiary Deed, the owner retains total control over the property. 4\. After an Arizona Beneficiary Deed is signed and recorded, the owners may sell, encumber or otherwise deal with their property without any restrictions or limitations. 5\. Signing and recording an Arizona Beneficiary Deed has no gift tax liability because it is not a present transfer of property. 6\. The owner is free to change an Arizona Beneficiary Deed at any time. 7\. The owner may revoke an Arizona Beneficiary Deed at any time by recording an appropriate revocation with the county recorder of the county in which the property is located. ## Drawbacks to Using an Arizona Beneficiary Deed Some of the negatives associated with an Arizona Beneficiary Deed are: 1\. Because the property is not transferred until the death of the last owner, the full value of the property remains in the estate of the deceased for estate tax purposes. 2\. If any beneficiary is a minor child, the child’s interest will be left outright to the child unless the deed provides that the interest is left to the child in a trust or to an adult for the child under the Arizona Uniform Gift to Minors Act. 3\. In general, when there are multiple beneficiaries, they will own undivided interests in the property, which can make managing and dealing with the property more difficult and cumbersome than if it were held in a trust or by an entity like a limited liability company or a family limited partnership. 4\. If property is owned as joint tenants with right of survivorship, the last survivor may revoke or modify the deed and frustrate the intent of the prior decedent(s). One way to avoid this problem is by using a trust that becomes irrevocable after the first death. The above list is not all-inclusive. We recommend that you consult with an experienced estate planning lawyer to discuss the pros and cons of using an Arizona Beneficiary Deed versus a comprehensive estate plan that includes a will and living trust. It may be that for you, a trust might be a better vehicle to accomplish your estate planning objectives. ## Owner May Name Multiple & Successor Grantees The owner of real property may name multiple grantees or a successor grantee(s), or both. Multiple grantees may take their interests as joint tenants with right of survivorship, tenants in common, community property, community property with right of survivorship, or any other tenancy that is otherwise valid under Arizona law. A grant to a successor grantee shall state the condition on which the interest of the successor grantee would vest. **Arizona Beneficiary Deed Example 1** If real property is owned as joint tenants with the right of survivorship or as community property with the right of survivorship, a deed that conveys an interest in the real property to a grantee designated by all the then surviving owners and that expressly states that the deed is not to take effect until the death of the last surviving owner transfers the interest to the designated grantee beneficiary effective on the death of the last surviving owner. **Example 1**: John & Mary are married and own their home as community property with right of survivorship. They sign and record a Beneficiary Deed that names their children, Dick & Jane as their beneficiaries (grantees) as tenants in common only on the death of the last to survive of John & Mary. John dies two years later. At this time, Mary is the sole owner of the property. Mary dies ten years after John without selling or disposing of the property or revoking the Beneficiary Deed. Result: On the date of Mary’s death, Dick & Jane become the owners of the property as tenants in common. ## **Arizona Beneficiary Deed Example 2** If real property is owned as joint tenants with right of survivorship or community property with right of survivorship and if the Beneficiary Deed is signed by less than all of the owners of the real property, the Beneficiary Deed will be valid if the last surviving owner is one of the persons who signed the Beneficiary Deed. If the last surviving owner did not sign the Beneficiary Deed, the deed is invalid. **Example 2**: John & Bob are unmarried brothers and they acquire real property as joint tenants with right of survivorship. John signs, delivers and records a Beneficiary Deed that conveys his interest in the property to Jane on his death. Bob does not sign a Beneficiary Deed. **Result 1**: If John dies before Bob, Bob acquires sole ownership of the property by operation of law at the time of John’s death. John’s Beneficiary Deed is invalid. **Result 2**: If Bob dies before John, John acquires sole ownership of the property by operation of law at the time of Bob’s death. If John does not sell or dispose of the property or revoke the Beneficiary Deed, then on his death, Jane will acquire sole ownership of the property. ## **Arizona Beneficiary Deed Example 3** A Beneficiary Deed will be valid only if the Beneficiary Deed is signed and recorded as provided by Arizona law in the office of the county recorder of the county in which the real property is located. A Beneficiary Deed must also be properly recorded before the death of the owner or the last surviving owner. **Example 3**: John & Mary are married and own their home as community property with right of survivorship. They sign and record a Beneficiary Deed that names their children, Dick & Jane as their beneficiaries (grantees) as tenants in common only on the death of the last to survive of John & Mary. Assume any of the following events were to occur: (i) the legal description on the Beneficiary Deed does not describe the property owned by John & Mary, (ii) the Beneficiary Deed was recorded in a county other than the county in which the property is located, or (iii) the Beneficiary Deed is signed and properly acknowledged before a notary public, but it is not recorded in the proper county until after John and Mary die. **Result**: The Beneficiary Deed is not valid and does not convey any interest in the home to Dick & Jane. ## **Arizona Beneficiary Deed Example 4** An owner who signs and records a Beneficiary Deed may revoke the Beneficiary Deed at any time. If there is more than one owner, a Beneficiary Deed may be revoked by any of the owners who signed the Beneficiary Deed. If a Beneficiary Deed conveys interests of more than one owner and the revocation of the Beneficiary Deed is not signed by all the owners, the revocation will not be effective unless the last surviving owner is the party that properly revoked the Beneficiary Deed. **Note**: If all the owners of real property want to revoke their Beneficiary Deed, they should all sign the revocation to make sure the revocation becomes valid. To be effective, the revocation must be signed and recorded as provided by law in the office of the county recorder of the county in which the real property is located before the death of the owner who signs the revocation. **Example 4**: John & Mary are married and own their home as community property with right of survivorship. They sign and record a Beneficiary Deed that names their children, Dick & Jane as their beneficiaries (grantees) as tenants in common only on the death of the last to survive of John & Mary. John later revokes his Beneficiary Deed by signing, properly notarizing and properly recording a revocation in the proper county. Mary does not revoke her Beneficiary Deed. **Result 1**: If John dies before Mary, Mary acquires sole ownership of the property by operation of law at the time of John’s death. John’s revocation of his Beneficiary Deed is not effective. If Mary does not sell or dispose of the property or revoke the Beneficiary Deed, then on her death, Dick & Jane will acquire ownership of the property as tenants in common. **Result 2**: If Mary dies before John, John acquires sole ownership of the property by operation of law at the time of Mary’s death. If John does not sell or dispose of the property, then on his death, the Beneficiary Deed would have been revoked and of no effect. ## **Arizona Beneficiary Deed Example 5** If an owner signs and records more than one Beneficiary Deed concerning the same real property, the last Beneficiary Deed recorded is the effective Beneficiary Deed. **Example 5**: John is the sole owner of his home. He signs, properly acknowledges and records a Beneficiary Deed that conveys his interest in the home to his daughter Jane on his death. Two years later, John signs, properly acknowledges and records a Beneficiary Deed that conveys his interest in the home to his son Dick on his death. Result: By signing and properly recording the second Beneficiary Deed to Dick, the first Beneficiary Deed to Jane was revoked. ## **KEYTLaw Arizona Beneficiary Deed Preparation Service** Arizona real estate attorney Richard Keyt prepares Arizona Beneficiary Deeds and six other related documents for $495. See the [list of services](http://www.arizona-wills.com/beneficiary-deed-prep/) provided for this fee, which includes seven custom-drafted documents: 1\. An Arizona Beneficiary Deed. 2\. A letter from you to the county recorder of the county in which the property is located. You send this letter to the county recorder with the Beneficiary Deed to record the Beneficiary Deed. 3\. A Revocation Deed (for later use if you change your mind and want to revoke your previously recorded Arizona Beneficiary Deed). 4\. A letter to the county recorder to record the Revocation Deed. 5\. A letter explaining the deed and other documents. 6\. How to complete and record your Beneficiary Deed. 7\. How to complete and record your Revocation of Beneficiary Deed To hire Arizona real estate attorney Richard Keyt to prepare an Arizona Beneficiary Deed for \[block id=”6697″ title=”bene deed”\], complete the short [Arizona Beneficiary Deed Preparation Service Agreement](http://www.arizona-wills.com/deed/). **Questions** If you have any questions call or text Arizona real estate and estate planning attorney Richard Keyt 24/7 at 480-664-7478 or book a free phone, office or Zoom meeting using his [online calendar](https://www.keytlaw.com/calendar). --- ### [Why You Should Hire Us](https://www.keytlaw.com/hire-us/) **Published:** September 29, 2025 **Author:** Richard Keyt **Content:** ## Why You Should Hire Us to Do Your Estate Plan with a Revocable Living Trust ## **Don’t Settle for a Cookie-Cutter Estate Plan** Most people don’t realize it until it’s too late: estate planning isn’t just about filling out forms. Yet many lawyers treat it that way, rushing families through with “one-size-fits-all” documents that don’t reflect their true wishes. The result? Families left overwhelmed, tangled in court, and facing unnecessary costs at the very moment they need peace and guidance. ## **Why Generic Planning Fails Families** When a lawyer doesn’t take time to truly understand you, your “plan” is nothing more than paperwork. And paperwork alone doesn’t protect your family: - Plans not reviewed regularly become outdated and stop working when life or laws change. - Families are blindsided by higher costs later, even if they saved a little at the start. - Loved ones are forced into stressful, expensive court proceedings—all during a time of grief. Cut-rate documents may seem like a bargain upfront, but in reality, they can leave your family vulnerable to the very problems estate planning is supposed to prevent. ## **Why People Choose Us** If all you want is a set of papers, there are plenty of cheap online services. But if what you want is confidence—real assurance that your family will be cared for, conflicts avoided, and your legacy preserved—then you deserve an estate plan designed to work. That’s where our process is different. We don’t just prepare documents. We create a plan that works when life happens. ## **What Makes Our Approach Different** 1. **Upfront, fixed fees** – You’ll never be surprised by your bill. From day one, you’ll know your options and the investment needed to protect your family. 2. **Plans that actually work** – If you hire us to fund your trust we make sure assets are properly titled, guardianship for children is clear, and the people involved know exactly what to do. 3. **Ongoing protection** – Life changes, and so does the law. We send you an email every six months reminding you to review your estate plan documents to see if you need to update any of them. 4. **Simplified asset coordination** – We handle the details so your family doesn’t end up with loose ends that derail your planning. 5. **Big-picture guidance** – Beyond documents, we help you make smart financial decisions that protect your wealth and reduce risks. 6. **Children protected, always** – Whether your kids are minors or grown, we build a plan to keep them safe, supported, and involved in the right way. 7. **Legacy beyond money** – We help you capture and pass down more than just your assets. Your values, stories, and life lessons are part of the legacy your family receives. ## **The Bottom Line** You only get one chance to put the right plan in place. A generic set of documents won’t protect your loved ones from court, conflict, or financial waste. You need more than forms—you need a trusted process that ensures your plan will work when your family needs it most. Don’t leave your legacy to chance. Choose an estate plan that gives your loved ones the care, clarity, and protection they deserve. ## Our Attorneys ![](https://www.keytlaw.com/wp-content/uploads/2025/09/rkgraphic.jpg "- KEYTLaw") ## [Richard Keyt, the father](https://www.keytlaw.com/richard-keyt) ## Estate Plannning & LLC Attorney ![](https://www.keytlaw.com/wp-content/uploads/2014/08/Ricky-0801.jpg "Ricky 0801 - KEYTLaw") ## [Richard C. Keyt, the son](https://www.keytlaw.com/richard-c-keyt) ## Estate Planning, Probate & LLC Attorney [Richard Keyt, JD, LL.M (taxation)](https://www.keytlaw.com/richard-keyt/ "Arizona attorney Richard Keyt's resume"): Rick is a Scottsdale estate planning attorney who prepares wills, trusts and estate plans to protect people’s most valuable assets – their loved ones. Rick provides all of the legal services listed above. [Click to go to Richard’s Digital Business Card](https://poplme.co/hash/QB9KVu0Z/1/es) Call Rick at 480-664-7478 or send him an email at rk@keytlaw.com. You can schedule a free office, phone or Zoom video appointment using Rick’s [online calendar](https://www.keytlaw.com/calendar). [Richard Keyt, JD, M.S. Accounting)](https://www.keytlaw.com/richard-keyt/ "Arizona attorney Richard Keyt's resume"): Like his father Ricky is a Scottsdale estate planning attorney who prepares wills, trusts and estate plans to protect people’s most valuable assets – their loved ones. Ricky forms Arizona nonprofit corporations for companies that want to become 501(c)(3) tax-exempt charities. Ricky also represents personal representatives in Arizona probates. Call Ricky at 480-664-7472 or send him an email at rck@keytlaw.com. You can schedule a free office, phone or Zoom video appointment using Rick’s [online calendar](https://www.keytlaw.com/calendar). ##### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-%20keyt) --- ### [Thanks for Making an Appointment with Richard Keyt](https://www.keytlaw.com/thanksrk/) **Published:** March 22, 2020 **Author:** Richard Keyt **Content:** ## Thanks Thanks for making an appointment with Richard Keyt. Our system just sent or will very soon send you a text message and an email message that confirms your appointment. If you made an office appoint our message and email will also give you the address of our office. Richard Keyt Direct phone: 480-665-7478 Email: rk@keytlaw.com --- ### [Who We Serve Blended Families](https://www.keytlaw.com/blended-families/) **Published:** September 28, 2025 **Author:** Richard Keyt **Content:** ## Blended Families ## Blended Families Unfortunately people who have blended families have the highest risk of bad things happening to their loved ones when they die. ![](https://www.keytlaw.com/wp-content/uploads/2025/09/court-room-1024x683.png "- KEYTLaw") You think your family will “work it out” after you’re gone? That’s the biggest mistake blended families make. **Here’s how it really plays out when there’s no plan:** In blended families, the day you die is the day loyalties fracture. No matter how much love is there now, death brings money, property, and grief into the same room—and that’s when the knives come out. - A woman dies leaving everything to her husband, trusting him to “take care of her kids.” He remarries. His new wife convinces him to cut the stepkids out of the will. Her kids inherit everything. His wife’s children get it all. His first wife’s children get nothing. - A man dies without clear instructions. His second wife stays in the home, but his adult kids from his first marriage file a lawsuit to claim their share. The court orders the house sold. The wife is forced to move out, grieving and homeless, while legal fees devour tens of thousands of dollars. - Another family loses nearly half the estate to courtroom battles. Years of ugly fights pit stepchildren against stepparent. Siblings stop speaking. Holidays are ruined forever. The legacy that was supposed to support them becomes a weapon that destroys them. - A man left everything to his second wife, “trusting she’d take care of the kids from his first marriage.” Within two years, she’d remarried and rewrote her will. His kids were completely cut out, with nothing to show for their father’s life. - Children forced their stepmother out of the family home, even while she was still grieving. They claimed it was “their inheritance” and the courts agreed. She ended up renting a one-bedroom apartment, heartbroken and broke. - Siblings who once spent holidays together now speak only through lawyers. Their parents never put a clear plan in place, so every asset became a weapon in court. The estate that should have supported all of them was bled dry by legal fees. - In some cases, the state itself decides. A judge—who has never met your family—will hand down rulings that leave one side furious and the other side resentful. Relationships that took decades to build are destroyed in weeks. This is the reality when blended families don’t plan. Not “maybe,” not “possibly.” Courts are clogged with these cases right now. But it doesn’t have to be your family’s story. With the right plan, you can shut down conflict before it starts, protect your spouse *and* your kids, and ensure your legacy doesn’t become the spark that tears them apart. Every day you wait, the risk grows. If you have a blended family, this is urgent. Book your Family Wealth Planning Session today, before the choice is ripped out of your hands and given to the courts. ## 36 Documents & Services in Our Custom Estate Plan **We doubt you will find an estate planning attorney whose estate plan includes as many documents and services as we provide.** Look at other estate planning lawyers’ websites, and they usually don’t tell you what you get if you hire them or the fees they charge. We don’t hide the ball. See our estate plan fees and the [36 documents and services](https://www.keytlaw.com/ep-contents) in our custom estate plan with a revocable living trust. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Who We Serve Couples & Kids](https://www.keytlaw.com/couples-kids/) **Published:** September 28, 2025 **Author:** Richard Keyt **Content:** # Estate Planning for Married Couples with Children Protecting your family’s future through comprehensive estate planning that keeps you out of court and out of conflict. Get Started TodayLearn More # It Seems Simple, But Is It Really? **When you are married with children, estate planning seems pretty straightforward.** You want your spouse making decisions for you if you are incapacitated, and you want to make sure your assets go to your spouse when you die and then to your children after your spouse is gone. Seems simple, right? # The Reality of Probate Courts If only our probate courts weren’t clogged with the impact of the complexity of money and family. Then it would be “easy” to go through court and there wouldn’t be **$58 billion (with a “b”)** of assets in the state departments of unclaimed property across the United States. # The Questions That Must Be Answered There are a myriad of questions that need to be answered to ensure your family stays out of court and out of conflict in the event of your incapacity or death, even when you are simply married with children. And some tactical specifics need to happen to ensure your assets don’t end up lost to the state department of unclaimed property if your family overlooks something when you are not there to guide them. #### Court Avoidance Ensuring your family stays out of lengthy and expensive probate proceedings #### Conflict Prevention Planning ahead to prevent disputes between family members #### Asset Protection Preventing your assets from becoming lost or unclaimed property # Blended Families Face Greater Risks Plus, if you are in a blended family with children from a prior marriage, it’s an almost guarantee the people you love will end up in conflict if you don’t plan ahead. **Most of all, your wealth isn’t measured just by the dollars in your bank account but by the well being of the people you love.** If you are reading this, it is because you care enough to get your estate planning handled so your family will stay out of court and out of conflict no matter what. # We Make It Simple and Easy We know you are busy and we promise to make the process as simple and easy for you as possible. [Click here to see just how easy it is to get started.](https://lawmother.com/how-to-get-started/) #### Simple Process We’ve streamlined estate planning to fit your busy schedule #### Expert Guidance Professional support every step of the way #### Peace of Mind Your family protected from court battles and conflict Start Your Estate Plan # Estate Planning for Married Couples with Children Protecting your family’s future through comprehensive estate planning that keeps you out of court and out of conflict. Get Started TodayLearn More # It Seems Simple, But Is It Really? **When you are married with children, estate planning seems pretty straightforward.** You want your spouse making decisions for you if you are incapacitated, and you want to make sure your assets go to your spouse when you die and then to your children after your spouse is gone. Seems simple, right? # The Reality of Probate Courts If only our probate courts weren’t clogged with the impact of the complexity of money and family. Then it would be “easy” to go through court and there wouldn’t be **$58 billion (with a “b”)** of assets in the state departments of unclaimed property across the United States. # The Questions That Must Be Answered There are a myriad of questions that need to be answered to ensure your family stays out of court and out of conflict in the event of your incapacity or death, even when you are simply married with children. And some tactical specifics need to happen to ensure your assets don’t end up lost to the state department of unclaimed property if your family overlooks something when you are not there to guide them. #### Court Avoidance Ensuring your family stays out of lengthy and expensive probate proceedings #### Conflict Prevention Planning ahead to prevent disputes between family members #### Asset Protection Preventing your assets from becoming lost or unclaimed property # Blended Families Face Greater Risks Plus, if you are in a blended family with children from a prior marriage, it’s an almost guarantee the people you love will end up in conflict if you don’t plan ahead. **Most of all, your wealth isn’t measured just by the dollars in your bank account but by the well being of the people you love.** If you are reading this, it is because you care enough to get your estate planning handled so your family will stay out of court and out of conflict no matter what. # We Make It Simple and Easy We know you are busy and we promise to make the process as simple and easy for you as possible. [Click here to see just how easy it is to get started.](https://lawmother.com/how-to-get-started/) #### Simple Process We’ve streamlined estate planning to fit your busy schedule #### Expert Guidance Professional support every step of the way #### Peace of Mind Your family protected from court battles and conflict Start Your Estate Plan # Estate Planning for Married Couples with Children Protecting your family’s future through comprehensive estate planning that keeps you out of court and out of conflict. Get Started TodayLearn More # It Seems Simple, But Is It Really? **When you are married with children, estate planning seems pretty straightforward.** You want your spouse making decisions for you if you are incapacitated, and you want to make sure your assets go to your spouse when you die and then to your children after your spouse is gone. Seems simple, right? # The Reality of Probate Courts If only our probate courts weren’t clogged with the impact of the complexity of money and family. Then it would be “easy” to go through court and there wouldn’t be **$58 billion (with a “b”)** of assets in the state departments of unclaimed property across the United States. # The Questions That Must Be Answered There are a myriad of questions that need to be answered to ensure your family stays out of court and out of conflict in the event of your incapacity or death, even when you are simply married with children. And some tactical specifics need to happen to ensure your assets don’t end up lost to the state department of unclaimed property if your family overlooks something when you are not there to guide them. #### Court Avoidance Ensuring your family stays out of lengthy and expensive probate proceedings #### Conflict Prevention Planning ahead to prevent disputes between family members #### Asset Protection Preventing your assets from becoming lost or unclaimed property # Blended Families Face Greater Risks Plus, if you are in a blended family with children from a prior marriage, it’s an almost guarantee the people you love will end up in conflict if you don’t plan ahead. **Most of all, your wealth isn’t measured just by the dollars in your bank account but by the well being of the people you love.** If you are reading this, it is because you care enough to get your estate planning handled so your family will stay out of court and out of conflict no matter what. # We Make It Simple and Easy We know you are busy and we promise to make the process as simple and easy for you as possible. [Click here to see just how easy it is to get started.](https://lawmother.com/how-to-get-started/) #### Simple Process We’ve streamlined estate planning to fit your busy schedule #### Expert Guidance Professional support every step of the way #### Peace of Mind Your family protected from court battles and conflict Start Your Estate Plan ## People Who Have Kids ## People Who Have Kids Why Waiting to Plan Your Estate Is a Dangerous Gamble. ![](https://www.keytlaw.com/wp-content/uploads/2025/09/family-2.png "- KEYTLaw") You might think planning for your spouse and children is obvious: *If something happens to me, my spouse steps in. When we’re both gone, everything goes to the kids.* If only it were that clean. Courts are jammed with families who thought exactly that. Instead of love and unity, they got delays, battles, and money locked away in state coffers. Right now, more than **$58 billion** sits in government “unclaimed property” accounts—wealth families should have inherited but didn’t, because no clear plan was in place. Here’s the truth: without a solid estate plan, the state—not you—decides who controls your assets and who raises your children. And when emotions run high, even the closest families can turn on each other. In blended families, the risk isn’t just high—it’s almost certain. Do you want your children’s future decided by a judge who has never met them? Do you want your spouse left scrambling through a broken system? Do you want the assets you worked a lifetime for to vanish into bureaucracy? A revocable living trust is the only way to shut the courtroom doors, block conflict, and keep your family out of the mess. You’ve worked too hard to gamble with your family’s future. The danger of doing nothing is real, and the cost is far greater than money—it’s your loved ones’ security and peace. Take control now. Protect your children, your spouse, and everything you’ve built. Waiting only increases the risk. ## 36 Documents & Services in Our Custom Estate Plan **We doubt you will find an estate planning attorney whose estate plan includes as many documents and services as we provide.** Look at other estate planning lawyers’ websites, and they usually don’t tell you what you get if you hire them or the fees they charge. We don’t hide the ball. See our estate plan fees and the [36 documents and services](https://www.keytlaw.com/ep-contents) in our custom estate plan with a revocable living trust. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Who We Serve Families](https://www.keytlaw.com/families/) **Published:** September 26, 2025 **Author:** Richard Keyt **Content:** # Estate Planning for Married Couples with Children Protecting your family’s future through comprehensive estate planning that keeps you out of court and out of conflict. Get Started TodayLearn More # It Seems Simple, But Is It Really? **When you are married with children, estate planning seems pretty straightforward.** You want your spouse making decisions for you if you are incapacitated, and you want to make sure your assets go to your spouse when you die and then to your children after your spouse is gone. Seems simple, right? # The Reality of Probate Courts If only our probate courts weren’t clogged with the impact of the complexity of money and family. Then it would be “easy” to go through court and there wouldn’t be **$58 billion (with a “b”)** of assets in the state departments of unclaimed property across the United States. # The Questions That Must Be Answered There are a myriad of questions that need to be answered to ensure your family stays out of court and out of conflict in the event of your incapacity or death, even when you are simply married with children. And some tactical specifics need to happen to ensure your assets don’t end up lost to the state department of unclaimed property if your family overlooks something when you are not there to guide them. #### Court Avoidance Ensuring your family stays out of lengthy and expensive probate proceedings #### Conflict Prevention Planning ahead to prevent disputes between family members #### Asset Protection Preventing your assets from becoming lost or unclaimed property # Blended Families Face Greater Risks Plus, if you are in a blended family with children from a prior marriage, it’s an almost guarantee the people you love will end up in conflict if you don’t plan ahead. **Most of all, your wealth isn’t measured just by the dollars in your bank account but by the well being of the people you love.** If you are reading this, it is because you care enough to get your estate planning handled so your family will stay out of court and out of conflict no matter what. # We Make It Simple and Easy We know you are busy and we promise to make the process as simple and easy for you as possible. [Click here to see just how easy it is to get started.](https://lawmother.com/how-to-get-started/) #### Simple Process We’ve streamlined estate planning to fit your busy schedule #### Expert Guidance Professional support every step of the way #### Peace of Mind Your family protected from court battles and conflict Start Your Estate Plan ## People with Families ## People with Families Learn why you and your family need an estate plan with a revocable living trust. ![](https://www.keytlaw.com/wp-content/uploads/2025/09/partners-1024x683.png "- KEYTLaw") You want the best for your family—not just today, but no matter what the future brings. One of the most powerful ways to show you care is to make things simple and secure for your loved ones, even if you’re not there to do it in person. A well-designed revocable living trust is the most effective way to protect what you’ve earned and ensure your family avoids unnecessary stress, delays, and court involvement after your death. Without a clear plan, your assets can get tied up in probate, causing confusion and hardship for the very people you want to help most. When you hire us, you get decades of experience, hands-on guidance, and a proven process that takes the guesswork out of estate planning. We’ll create a plan tailored to your family’s needs—so your children and loved ones are cared for, your wishes are honored, and your wealth is preserved. Don’t wait to safeguard your family’s future. Schedule your consultation now and let us help you put the right protections in place today. Your peace of mind—and your family’s security—can start right now. ## 36 Documents & Services in Our Custom Estate Plan **We doubt you will find an estate planning attorney whose estate plan includes as many documents and services as we provide.** Look at other estate planning lawyers’ websites, and they usually don’t tell you what you get if you hire them or the fees they charge. We don’t hide the ball. See our estate plan fees and the [36 documents and services](https://www.keytlaw.com/ep-contents) in our custom estate plan with a revocable living trust. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Who We Serve Single Parents](https://www.keytlaw.com/single-parents/) **Published:** September 28, 2025 **Author:** Richard Keyt **Content:** ## Single Parents ## Single Parents Estate planning is especially important for single parents. ![](https://www.keytlaw.com/wp-content/uploads/2025/09/mom-daughter.png "- KEYTLaw") You love your children—but love alone won’t protect them if something happens to you. If tragedy strikes before they’re grown, the question of **who raises them and who controls their inheritance will be decided by a judge, not you—unless you take action now.** You might assume their other parent will step in. But what if that parent is unavailable, unwilling, or unfit? What if the court places your children with someone you would never have chosen? And even if the other parent does get custody, the money and property you leave behind could be in their hands to spend—not necessarily used the way you’d want for your kids. The truth is simple: as a single parent, you must put legal instructions in place about who will raise your children, how they should be cared for, and who controls the resources meant for them. If you don’t, you’re gambling with their future. Every day you wait is a day you leave your children unprotected. Don’t let the courts make the most important decisions of your life for you. We make it fast, clear, and easy—but you have to start before it’s too late. ## 36 Documents & Services in Our Custom Estate Plan **We doubt you will find an estate planning attorney whose estate plan includes as many documents and services as we provide.** Look at other estate planning lawyers’ websites, and they usually don’t tell you what you get if you hire them or the fees they charge. We don’t hide the ball. See our estate plan fees and the [36 documents and services](https://www.keytlaw.com/ep-contents) in our custom estate plan with a revocable living trust. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Who We Serve Partners](https://www.keytlaw.com/partners/) **Published:** September 28, 2025 **Author:** Richard Keyt **Content:** ## You Have a Partner ## You Have a Partner Without an estate plan your partner won’t have rights to your property or the right to see you in the hospital. ![](https://www.keytlaw.com/wp-content/uploads/2025/09/partners-1024x683.png "- KEYTLaw") Picture this: you’re in a car accident and rushed to the hospital. Your partner races there, terrified, only to be stopped at the door. The nurse tells them, “You’re not family.” They beg to see you, but the law says no. They’re forced to sit in the waiting room while people you barely know—maybe even estranged relatives—make decisions about your care. Meanwhile, if you don’t survive, the nightmare deepens. Your partner comes home to find the locks changed because your name was the only one on the deed. Bank accounts are frozen. Access to money disappears overnight. A judge hands custody of your children to someone else, leaving your partner powerless as the kids are taken away. All of this happens because you didn’t put an estate plan in place. The courts don’t recognize love, loyalty, or years spent building a life together. They only recognize legal documents. If you’re not married, estate planning isn’t optional—it’s the only thing standing between the life you’ve built and a system that can tear it apart in a moment. Don’t gamble with your partner’s right to stay by your side, to keep your home, to raise your children. Act now, before it’s too late. Click here to see how quickly you can protect everything that matters most. - To learn who Arizona will give your assets to if you are an Arizona resident and die without a will or a trust, read our article called [Who Inherits Your Property If You Die without a Will or a Trust](https://www.arizona-wills.com/intestate-succession/) or - Take our short online quiz called [Who Inherits Your Property](https://www.arizona-wills.com/inherits/) to learn who Arizona will give your assets to if you die without a will or a trust. ## 36 Documents & Services in Our Custom Estate Plan **We doubt you will find an estate planning attorney whose estate plan includes as many documents and services as we provide.** Look at other estate planning lawyers’ websites, and they usually don’t tell you what you get if you hire them or the fees they charge. We don’t hide the ball. See our estate plan fees and the [36 documents and services](https://www.keytlaw.com/ep-contents) in our custom estate plan with a revocable living trust. #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Estate Plan Contents](https://www.keytlaw.com/epq/) **Published:** September 24, 2025 **Author:** Richard Keyt **Content:** ## Arizona Estate Plan Questionnaire Complete and submit this no-obligation Questionnaire as the first step to hire Arizona estate planning attorneys [Richard Keyt](https://www.keytlaw.com//richard-keyt/) and his son [Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) to prepare a revocable living trust and other estate plan documents for an Arizona resident. See a [detailed description ](https://www.keytlaw.com/ep-contents/)of each of the 36 documents and services that you will get if you hire us to draft your estate plan. When you click the **Submit This Questionnaire** button at the end of this Questionnaire, our system will send you and us an email message with the questions and answers you enter in this questionnaire. It takes 5 – 10 minutes to complete this form. If you don’t have time to complete this Questionnaire in one sitting, scroll to the end and click on the **Save and Continue Later** button and we will send you an email message that has a link you can use to return to your Questionnaire later. If you would rather submit this questionnaire as an Adobe [PDF file](https://www.keytlaw.com/wp-content/uploads/2025/02/epq.pdf) that you can download, save on your computer, print, enter your data then email the questionnaire to rck@keytlaw.com or bring it to your office meeting on of the Keyts. **Alert**: Richard Keyt (480-664-7478) and his son Richard C. Keyt (480-664-7472) encourage you to call one of them if you need help answering the questions in the questionnaire. ### Questionnaire for an Estate Plan Questionnaire Date(Required) Purpose of This Questionnaire Completing this Questionnaire is the first step to hire Arizona estate planning attorneys Richard Keyt and his son former CPA Richard C. Keyt to prepare your estate plan documents. The purposes of this Questionnaire are to: (i) get you thinking about what you want to happen if you were to die or become incapacitated, and (ii) assist you in gathering the information the Keyts need to design your estate plan and prepare your estate plan documents. **Note**: Complete as much of this Questionnaire as you can. If you are not able to complete all of the questionnaire that's ok. Submit your complete or incomplete Questionnaire so we can discuss it with you during your video estate plan consultation. We will answer your questions and finish the questionnaire when we talk. Contents of Our Estate Plan See a [ detailed description ](https://www.keytlaw.com/ep-contents/) of the 36 documents and services that you will get if we draft your custom estate plan. Our services include a free office, phone or video meeting to answer your questions and design your estate plan. We don’t charge for phone calls, emails and texts to answer your questions. If you bought our Gold LLC within 120 days of the date you submit this questionnaire you get a $1,000 discount. How did you hear about us? Seminar KEYTLaw client Referral Web search YouTube FaceBook Instagram TikTok Chat GPT LinkedIn Other None of the above Seminar Attendee $500 Discount(Required) If you attended one of our seminars you will get a $500 discount. Which Estate Plan Do You Want?(Required) Estate plan with a revocable living trust for one person for $3,497 Estate plan with a revocable living trust for one person for $2,497 after a $1,000 discount because I bought your Gold LLC formation package within 120 days Estate plan with a revocable living trust for two people for $4,497 Estate plan with a revocable living trust for two people for $3,497 after a $1,000 discount because I bought your Gold LLC formation package within 120 days Will based estate plan without a revocable living trust for $2,497. This plan does not include a trust, a certification of trust, a deed to transfer your home to a trust, our article caled Funding Your Trust from A to Z. Who referred us to you?(Required) What terms did you search?(Required) ### Section 1. General Information Your Marital Status(Required) Single Married Who is buying our estate plan documents?(Required) My spouse and I Only me, but not my spouse Your Legal Name(Required) Prefix Mr.Mrs.MissMs.Dr.Prof.Rev. First Middle Last Suffix Your Preferred Phone Number(Required) Your Nickname, if any? Your Email Address(Required) Enter Email Confirm Email When you click on the submit button below we will email this Questionnaire and all the information you entered to this email address. Your Mailing Address(Required) Street Address Address Line 2 City State AlabamaAlaskaAmerican SamoaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahU.S. Virgin IslandsVermontVirginiaWashingtonWest VirginiaWisconsinWyomingArmed Forces AmericasArmed Forces EuropeArmed Forces Pacific ZIP Code Your Gender(Required) Male Female Your Birth Date Your Citizenship(Required) I am a U.S. citizen I am not a U.S. citizen What is Your Country of Citizenship?(Required) When Were You Married?(Required) ### Section 1.a. Spouse's Information Spouse's Legal Name Prefix Mr.Mrs.MissMs.Dr.Prof.Rev. First Middle Last Suffix Spouse's Nickname, if any? Spouse's Preferred Phone Number Spouse's Email Address Enter Email Confirm Email Spouse's Gender Male Female Spouse's Birth Date Spouse's Citizenship(Required) Spouse is a U.S. citizen Spouse is not a U.S. citizen What is your Spouse's Country of Citizenship?(Required) Do You & Your Spouse Have a Pre or Post Nuptial Agreement?(Required) No Yes and I will email a copy of the agreement to Richard C. Keyt at rck@keytlaw.com or bring it to our estate plan meeting. ### Section 2. Children Information Which Statement Applies to You & Your Spouse? All of my children and my spouse's children are our children. I am the only one who has any children My spouse is the only one who has any children My spouse and I have children who are not children of both of us Do You Have any Children? Yes No Legal Names of Your ChildrenChild's Name Birth Date Alive (A) or Deceased (D) Add Remove Enter information for your children. If you have more than one child click on the + sign to add another row. Legal Names of All Your ChildrenChild's Name Birth Date Alive (A) or Deceased (D) Add Remove Enter information for your children. If you have more than one child click on the + sign to add another row. Legal Names of Your Children & Your Spouse's ChildrenChild's Name Birth Date Alive (A) or Deceased (D) Add Remove Enter information for your children. If you have more than one child click on the + sign to add another row. Legal Names of All Your Children & Your Spouse's ChildrenChild's Name Birth Date Child of H or W? Alive (A) or Deceased (D) Add Remove Enter information for your children. If you have more than one child click on the + sign to add another row. Legal Names of Your Spouse's ChildrenChild's Name Birth Date Alive? Add Remove Enter information for each of your spouse's children who are not your children. If your spouse has more than one child who is not your child click on the + sign to add another row. In the Alive field enter A for alive or D for deceased. ### Section 3. People Named in Your Estate Plan Documents People named in the fields below will be displayed in later questions so you can pick names from a list instead of typing the name each time. If you are married enter spouse in the first field on the left. In other fields enter the legal names of people you will name later in this questionnaire to be named as successor trustees, healthcare agents, financial power of attorney agents, guardians, conservators and personal representatives (aka executors) under your Last Will & Testament. If you want two people to serve at the same time enter their names in the same field. If you have more than four names click on the + symbol on the far right of the column to add another row. List All People Who Will be Named Later in This Questionnaire(Required)1st Person 2nd Person 3rd Person 4th Person Add Remove Click on the + symbol to add fields for additional people. ### Section 4. Your Future Beneficiaries Who Inherits Your Assets If You Die?(Required) You can name alternate beneficiaries. For example you could say everything goes to my spouse but if my spouse is deceased then everything goes to Bart Simpson, but if he is deceased then everything goes to Maggie Simpson. Who Inherits Your Spouse's Assets If Your Spouse Dies?(Required) You can name alternate beneficiaries. For example you could say everything goes to my spouse but if my spouse is deceased then everything goes to Bart Simpson, but if he is deceased then everything goes to Maggie Simpson. ### Section 4. Your Revocable Living Trust About Trusts, Trustees & Successor Trustees The trust is the primary document and key to your estate plan. Assets owned by the trust avoid probate on death and can provide asset protection for the beneficiaries. See our [brief article](https://www.arizona-wills.com/about-trusts/) to learn more about revocable living trusts, irrevocable trusts, trustees and successor trustees. Trusts & Asset Protection The trust we create for you will be a revocable living trust. Because it is a revocable trust the IRS treats it as if it does not exist. This means the trust does not file a federal or state income tax return and all income and deductions earned by the trust will be reported on your personal tax return.You will be the trust maker, trustee and current beneficiary. If you are married you have the option to cause your spouse to also be a trust maker, trustee and current beneficiary. Because the trust is revocable (meaning it can be amended) the trust does not protect your assets. When you die your trust provides that assets will transfer automatically to the future beneficiaries named in your trust agreement. Do You Have an Existing Trust? Yes No What Happens to Your Existing Trust If you hire us to update your trust we will amend and restate your trust. This means your trust retains its name, creation date and trustees. The updated trust will replace all of the words in your existing trusts with new words. The end result is you will have an updated trust and will not have to change the ownership or title of any of your existing trust's assets. Exact Name of Your Existing Trust(Required) Date of Your Existing Trust(Required) Names of the Trustee(s) of Your Existing Trust Please Deliver a Copy of Your Existing Trust to the Keyts(Required) Bring the trust and all amendments to your office meeting or email a copy of your trust agreement and all amendments to Richard C. Keyt at rck@keytlaw.com. You can also mail the document to Richard C. Keyt, 7373 E. Doubletree Ranch Road, Suite 135, Scottsdale, AZ 85258. Which Statement Applies to Your Trust?(Required) We want a joint trust in which both spouses are trustmakers, trustees and current beneficiaries. Each spouse will have a separate trust in which the spouse will be the sole trustmaker, trustee and current beneficiary. Name of Your New Trust?(Required) Naming a trust is like naming a child. You can call it anything and you do not need the permission of the government. We recommend that you not put your name in the trust's name because sometimes your trust name may be on a public record and if your name is in the trust name the public will know who created your trust. Example 1: Homer & Marge Simpson Trust (no confidentiality). Example 2: Camelback Mountain Trust (confidentiality). Who Inherits the Assets in Your Trust after Your Death?(Required) Who Inherits Assets in Your Trust after Your Death?(Required) Options: (1) all to my children equally, (2) 1/3 to my son Robert and 2/3 to my son Joseph, (3) my car to my son Robert and everything else equally to my children, (4) 75% to my brother Walter S. Smith and 25% to my friend Ned Flanders, (5) all to the Salvation Army. If a future beneficiary is not your child give the full legal name and relationship, if any, of the beneficiary. Name of Your Spouse's New Trust?(Required) Who Inherits Assets in Your Trust after Your Death?(Required) Options: (1) all to my children equally, (2) 1/3 to my son Robert and 2/3 to my son Joseph, (3) my car to my son Robert and everything else equally to my children, (4) 75% to my brother Walter S. Smith and 25% to my friend Ned Flanders, (5) all to the Salvation Army. If a future beneficiary is not your child give the full legal name and relationship, if any, of the beneficiary. Who Inherits Your Trust's Assets after You and Your Spouse Die?(Required) Options: (1) all to my children equally, (2) 1/3 to my son Robert and 2/3 to my son Joseph, (3) my car to my son Robert and everything else equally to my children, (4) 75% to my brother Walter S. Smith and 25% to my friend Ned Flanders, (5) all to the Salvation Army. If a future beneficiary is not your child give the full legal name and relationship, if any, of the beneficiary. Who Inherits the Assets in Your Spouse's Trust after Your Spouse's Death?(Required) Options: (1) all to my children equally, (2) 1/3 to my son Robert and 2/3 to my son Joseph, (3) my car to my son Robert and everything else equally to my children, (4) 75% to my brother Walter S. Smith and 25% to my friend Ned Flanders, (5) all to the Salvation Army. If a future beneficiary is not your child give the full legal name and relationship, if any, of the beneficiary. When Will Your Trust Pay Future Beneficiaries?(Required) **Option 1**: At certain ages I select **Option 2**: No required pay outs. I want to pay an additional $1,000 for my trust to create an irrevocable asset protected life-time trust for each of my future beneficiaries. The asset-protected trusts will protect the inherited assets from the future beneficiary’s creditors (now or in the future), ex-spouses and bankruptcy courts because the future beneficiary’s trust, not the future beneficiary, owns the inherited assets. The future beneficiary can be the trustee of his or her trust and have control of the inherited assets. For example, the future beneficiary as trustee could cause the trust to buy a home owned by the trust and the future beneficiary could live in the home rent free and the trust would pay all the expenses to maintain the home. Trust could sell the home and then reinvest the sales proceeds. If the future beneficiary dies, the assets in the trust will be held for the children of the deceased future beneficiary. If you don’t want the future beneficiary to be the trustee of his or her trust ever or until he or she reaches a stated age, you can name somebody else or a trust company to be the trustee. When Do You Want Assets Paid to Future Beneficiaries?(Required) When do you want future beneficiaries to get assets from their trust? The the future beneficiary’s trust will allow the trustee of the trust to pay for the beneficiary's needs, but you can also tell the trustee when to make larger distributions to a future beneficiary. Examples: all to the beneficiary if the beneficiary is over age 20 or age 24 or age 29 (max age is 35); 1/2 at age 25 and the balance at age 30; 1/3 at age 25, 1/2 of balance at age 30 and the remainder at age 35. What Happens to a Gift to a Prospective Heir If the Prospective Heir Were to Die?(Required) The gift goes equally to the children of the deceased heir, but if the deceased heir has no children then the gift goes equally to the other living heirs. The gift lapses and goes equally to the other living heirs None of the above Describe What Happens to a Gift if a Prospective Heir Dies? Is there an Heir Who Should Never Be Trustee of His or Her Trust?(Required) Yes No Name Heirs Who Can Never be the Trustee of His or Her TrustName of Future Heir Who Should Be Trustee of this Heir's Trust? Add Remove At What Age Can an Heir (Other than an Heir Named in the Preceding Field) Become the Trustee of His or Her Trust?(Required) Unless you provided for distribution of assets immediately after funding a trust created for a beneficiary after your death a trust will be created for each beneficiary to hold the assets inherited by the beneficiary for the life of the beneficiary. Initially after creating and funding a beneficiary's trust the successor trustee will be the trustee of the beneficiary's trust. Unless you know that a beneficiary should never be the trustee of his or her trust you can allow the beneficiary to become trustee of his or her trust when the beneficiary reaches a specified age. At what age to you want to allow a trust beneficiary to become the trustee of his or her trust? Do You Want to Disinherit Anybody?(Required) Yes No Who Do You Want to Disinherit?(Required) Does Your Spouse Want to Disinherit Anybody?(Required) Yes No Who Does Your Spouse Want to Disinherit?(Required) Name(s) of Successor Trustee(s) of Your Trust(Required)1st Successor Trustee 2nd Successor Trustee 3rd Successor Trustee Add Remove Name of the person(s) or trust company you want to become the trustee or co-trustees of your trust if you die or lose your mental capacity. You must name at least one successor trustee. You can have two people serve as co-trustees by naming both people in the same field. If you are not sure who to name at this time enter "not sure" in the name field and you can let us know later. If you want to name more than three successor trustees click on the + icon on the right of the column to add another row. Name(s) of Successor Trustee(s) of Your Spouse's Trust(Required)1st Successor Trustee 2nd Successor Trustee 3rd Successor Trustee Add Remove Name of the person(s) or trust company your spouse wants to become the trustee or co-trustees of your spouse's trust if your spouse died or loses his/her mental capacity. You spouse must name at least one successor trustee. Your spouse can have two people serve as co-trustees by naming both people in the same field. If your spouse is not sure who to name at this time enter "not sure" in the name field and your spouse can let us know later. If you want to name more than three successor trustees click on the + icon on the right of the column to add another row. Name(s) of Successor Trustee(s) of the Trust On Death of Second Spouse(Required)1st Successor Trustee 2nd Successor Trustee 3rd Successor Trustee Add Remove Name of the person(s) or trust company you want to become the trustee or co-trustees of the trust if you and your spouse were to die or lack mental capacity. You must name at least one successor trustee. You can have two people serve as co-trustees by naming both people in the same field. If you are not sure who to name at this time enter "not sure" in the name field and you can let us know later. If you want to name more than three successor trustees click on the + icon on the right of the column to add another row. ### Section 5. Last Will & Testament Who Will Be the Personal Representative of Your Estate if a Probate is Necessary?(Required)1st Personal Representative 2nd Personal Representative 3rd Personal Representative Add Remove Your Will is used only if you die and any of your assets remain in your name, which causes your family to have to open a Superior Court probate to transfer those assets to the trust. Please indicate above your choices for the Personal Representative of your probate estate. This is the person who will do the probate. You must name at least one person. Additional people are optional, but recommended in case your first choice cannot serve. People named as a Personal Representative do not have to be residents of Arizona. **Warning**: Do not name co-personal representatives Who Will Be the Personal Representative of Your Spouse's Estate if a Probate is Necessary?(Required)1st Personal Representative 2nd Personal Representative 3rd Personal Representative Do You Have any Children Under Age 18?(Required) Yes No Does Your Spouse Have any Children Under Age 18?(Required) Yes No Long-Term Permanent Guardian(s) of Minor Children(Required) Name a person or people to be the long-term permanent guardian(s) of your minor children under age 18. If any child is under age 18 then name one or more people to raise the child to age 18 if both of the child's parents were to die or become incapacitated. A person named to raise a minor children is called a guardian. You can name one person or two people to be co-guardians. A guardian must be approved by an Arizona Superior Court. Who Do You Want to be the Long-Term Permanent Guardian of Your Minor Children?1st Guardian(s) 2nd Guardian(s) 3rd Guardian(s) Add Remove Short-Term Guardian(s) of Minor Children(Required) If your permanent long-term guardian(s) do not live close to you and it would take time for he/she/them to travel to your home you can name a person or people who live close to you to be the short-term temporary guardian(s) of your minor children. Who Do You Want to be Short-Term Temporary Guardian of Your Minor Children?1st Guardian(s) 2nd Guardian(s) 3rd Guardian(s) Add Remove Do You Want to Name People Who Should Never be a Guardian of Your Minor Children? Yes No If you want to name one or more people who should never care for any of your minor children we will prepare a letter for you to sign to give to your long-term guardian(s). Who Should Never Be a Guardian of Your Minor Children?1st Person 2nd Person 3rd Person Add Remove Conservator of a Minor Child's Assets(Required) Arizona law prevents a child under age 18 from owning assets. You need to name a trusted person to be the conservator of your minor child’s assets if you were to die before all your children are over age 17. This person will have legal title to the minor’s assets and manage the assets. When the minor is 18 the conservator must transfer ownership of the assets to the child. The conservator only deals with assets that are not in a trust. The successor trustee or trustees deal with assets in the trust held for the child’s benefit. A conservator must be approved by an Arizona Superior Court. Who Do You Want to be the Conservator of Your Minor Children's Assets?(Required)1st conservator 2nd conservator 3rd conservator Add Remove Who Do You Want to be the Person in Charge of Your Minor Children's Assets? Who Does Your Spouse Want to be the Guardian of His or Her Minor Children?(Required)1st Guardian(s) 2nd Guardian(s) 3rd Guardian(s) Who Does Your Spouse Want to be the Custodian of His or Her Minor Children?(Required)1st Conservator 2nd Conservator 3rd Conservator ### Section 6. Financial Power of Attorney This document names the person or people you want to deal with your financial affairs if you lose your mental capacity. Who Do You Want to Be Your Agent Under Your Financial Power of Attorney?(Required)1st Agent 2nd Agent 3rd Agent Who Does Your Spouse Want to Be His or Her Agent Under the Financial Power of Attorney?(Required)1st Agent 2nd Agent 3rd Agent ### Section 7. Healthcare Power of Attorney This document names the person or people you want to make medical decisions for you if you are not able to communicate with the doctors. Who Do You Want to Be Your Agent Under Your Healthcare Power of Attorney?(Required)1st Healthcare Agent 2nd Healthcare Agent 3rd Healthcare Agent Who Does Your Spouse Want to Be His or Her Agent Under the Healthcare Power of Attorney?(Required)1st Healthcare Agent 2nd Healthcare Agent 3rd Healthcare Agent ### Section 8. Transferring Your Assets to Your Trust Your Short Term Goal After Signing Your Documents(Required) The main reason you sign a trust agreement is because you want your assets to pass automatically to your beneficiaries named in your trust agreement when you die. This works only with respect to your assets that you transfer to the trust before you die. Transferring assets to your trust means changing the owner of the assets from you to your trust. This is called “trust funding.” If you buy our estate plan it includes us preparing a deed to transfer your Arizona home to your trust. You can transfer your other assets yourself or you can hire us to transfer your assets to your trust. Do You Want to Hire Us to Fund Your Trust?(Required) No. I will fund my trust myself. Yes. We will charge you $300/hour for the time our funding legal assistant spends preparing your funding documents. We charge a fixed fee of $450 to prepare the documents to transfer an LLC to your trust and $295 for a Special Warranty Deed. ### Section 9. Additional Information Do You Want Us to Prepare a Pet Emergency Card for You?(Required) Yes No Our pet emergency card tells third parties that you have one or more pets and asks the reader to call the person named on the card and tell that person to care for your pet(s) because you cannot. Pet InformationPet's Name Animal Type Name & Phone of Your Person Add Remove What are the name(s), animal type(s) and person to call to care for your pet(s)? If you have more than one pet click the + symbol at the right side of the line to add another line. Do You Have an Additional Information You Want to Tell the Keyts?(Required) Yes No Additional Information Do You Want Your Financial Planner to Participate in Your Estate Plan Design Meeting? yes no Don't have a financial planner If you answer yes we'll get info about your financial planner and invite him or her to join us in your design meeting. Financial Planner Information Enter the planner's name, email address and phone number. ### Section 11. Fees Seminar Attendees If you are eligible for our seminar discount because you attended our seminar within the last 30 days your fee displayed below will be reduced by $500. Legal Fees for a Married Couple or 2 Partners(Required) $4,497 for an estate plan with a revocable living trust $5,497 for an estate plan with a revocable living trust that includes irrevocable asset protected trusts for future beneficiaries. Select the service you are buying. Legal Fees for a Married Couple or 2 Partners Who Bought Our Gold LLC within 120 Days(Required) $3,497 for an estate plan with a revocable living trust after a $1,000 discount because I bought a Gold LLC within 120 days of today. $4,497 for an estate plan with a revocable living trust after a $1,000 discount because I bought a Gold LLC within 120 days of today. Includes an additional $1,000 for irrevocable asset protected trusts for future beneficiaries. Select the service you are buying. Legal Fees for One Person Who Bought Our Gold LLC within 120 Days(Required) $2,497 for an estate plan with a revocable living trust after a $1,000 discount because I bought a Gold LLC within 120 days of today. $3,497 for an estate plan with a revocable living trust after a $1,000 discount for buying a Gold LLC within 120 days plus an additional $1,000 for irrevocable asset protected trusts for future beneficiaries. Select the service you are buying. Legal Fees for One Person Who Did Not Buy Our Gold LLC(Required) $3,497 for an estate plan with a revocable living trust $4,497 for an estate plan with a revocable living trust that includes irrevocable asset protected trusts for future beneficiaries. Select the service you are buying. Legal Fees(Required) $2,497 for an estate plan without a revocable living trust ### Your Next Steps 1. Review the Data In This Questionnaire When you click on the Submit This Questionnaire button at the bottom of this questionnaire our system will send an email message to you and us that contains all your information. Please review the questionnaire and reply and tell us all info is correct or correct anything you want to change. 2. Book a Free Office, Phone or Zoom Video Meeting Your next step is to schedule a free in office (7373 E. Doubletree Ranch Road, Suite 135, Scottsdale), phone or Zoom video meeting with Rick Keyt (the father) or Ricky Keyt (the son) to get answers to your estate plan questions and to go over this questionnaire. Go to their online calendar at [www.keytlaw.com/calendar](https://www.keytlaw.com/calendar) and book a free meeting with Rick or Ricky. Plan on spending 45 - 60 minutes. 3. Complete Our Online Secure Asset List(Required) I recommend you enter your assets into our secure online [Asset List](). Download the Excel spreadsheet that contains all your asset information and bring it to your estate plan design meeting. After you sign your trust give copies of the inventory to your successor trustee(s). If you don't give your successor trustee(s) a copy of your asset inventory then your heirs may not get all your assets. 4. Pay 1/2 of Your Fee Now If You HIre Us & 1/2 on Signing To pay us half of your total fee by Visa, Mastercard, American Express or Discover credit or debit card please click on this link [keytlaw.com/pay](https://secure.lawpay.com/pages/keytlaw/operating) to access our secure online web form. You can also pay in full. Submit this Questionnaire Save and Continue Later --- ### [Marketing](https://www.keytlaw.com/marketing/) **Published:** May 4, 2019 **Author:** Richard Keyt **Content:** ## **Prospect Intake Form** First Name \* Last Name Email \* Phone 1st EP Meeting Date EP Prospect EP Prospect Request to Submit Q EP Prospect Needs 1st Meeting EP Prospect Needs 2nd Meeting EP Prospect Needs Signing Meeting LLC Prospect IRA LLC Prospect Nonprofit Corp Prospect Probate Prospect Submit ## **Atto Referral** First Name \* Last Name \* Email \* Phone 1 Atto Referred by Person \* Atto Referrer Firm \* Submit --- ### [Luana Strugari](https://www.keytlaw.com/luana-strugari/) **Published:** September 25, 2025 **Author:** Richard Keyt **Content:** ## Luana Strugari Client Services Director ![](https://www.keytlaw.com/wp-content/uploads/2025/09/luana.jpg "- KEYTLaw") [ Call: 480-996-8188 ](#) [ Email: luana@keytlaw.com ](#) Luana Strugari is KEYTLaw’s Director of Client Services. She joined KEYTLaw shortly after graduating from ASU in May of 2017. She used to be the firm’s LLC legal assistant. Luana graduated from Arizona State University in 2017 with a Bachelor of Arts in Philosophy of Law, Morality, and Politics. While attending ASU, Luana also studied Italian Linguistics. She loves to travel and has lived abroad in Romania and Switzerland. She is married to Johnny Sandu and has a young daughter named Madeline, who was born in June of 2023. **Contact Information:** Direct Phone: 480-996-8188 Email Address: luana@keytlaw.com **Mailing Address:** KEYTLaw, L.L.C. 7373 E. Doubletree Ranch Road, Suite 135 Scottsdale, AZ 85258 **Education:** - Arizona State University, B.A., 2017 --- ### [Amanda Duran](https://www.keytlaw.com/amanda-duran/) **Published:** September 24, 2025 **Author:** Richard Keyt **Content:** ## Amanda Duran LLC & Probate Legal Assisant ![Amanda Duran](https://www.keytlaw.com/wp-content/uploads/2023/02/amanda.jpg "amanda - KEYTLaw") [ Call: 480-664-7846 ](#) [ Email: amanda@keytlaw.com ](mailto:%20amanda@keytlaw.com) Amanda Duran is the probate and limited liability company legal assistant for Richard Keyt and Richard C. Keyt. She graduated from Grand Canyon University in 2017 with a Bachelor of Science in Justice Studies with an emphasis in pre-law. She continued her education at Grand Canyon University, and in 2019, she graduated with a Master of Science in Leadership with an emphasis in Disaster Preparedness and Executive Fire Leadership. Amanda joined the KEYTLaw team in February 2023 after previously working as a legal assistant at another Arizona law firm. **Contact Information:** Direct Phone: 480-664-7846 Email Address: amanda@keytlaw.com **Mailing Address:** KEYTLaw, L.L.C. 7373 E. Doubletree Ranch Road, Suite 135 Scottsdale, AZ 85258 **Education:** - Grand Canyon University, B.S. Justice Studies – 2017 - Grand Canyon University, M.S. Disaster Preparedness, and Executive Fire Leadership – 2019 --- ### [Michelle Watkins](https://www.keytlaw.com/michelle-watkins/) **Published:** September 23, 2025 **Author:** Richard Keyt **Content:** ## Michelle Watkins Estate Plan Legal Assistant ![Michelle Watkins](https://www.keytlaw.com/wp-content/uploads/2013/05/michelle.jpg "michelle - KEYTLaw") [ Call: 480-664-7413 ](#) [ Email: michelle@keytlaw.com ](#) Michelle R. Watkins is an estate planning legal assistant for Richard Keyt and Richard C. Keyt. Michelle graduated from Arizona State University in May of 2010 through the Herberger Institute for Design and the Arts, with a focus on Painting. She is a well-rounded artist with a background in media such as Painting, Metal Working, 2D/3D Design, Drawing, as well as Digital Media. In addition to her dynamic artistic abilities, Michelle also played for the Arizona State Women’s Division 1 Soccer team for two years and was the captain, later turned coach of the ASU Women’s Club Soccer team. She joined the KEYTLaw team in February 2013. **Contact Information:** Direct Phone: 480-664-7413 Email Address: michelle@keytlaw.com **Mailing Address:** KEYTLaw, L.L.C. 7373 E. Doubletree Ranch Road, Suite 135 Scottsdale, AZ 85258 **Education:** - Arizona State University, B.A., 2010 --- ### [Text that May Be Used](https://www.keytlaw.com/text-that-may-be-used/) **Published:** March 19, 2026 **Author:** Richard Keyt **Content:** ## What You Will Learn at Our Seminar ## Secure Your Legacy, Protect Your Loved Ones **Comprehensive Estate Planning Resources for Arizona Families** Navigating estate planning can feel like wandering through the desert without a map. Whether you are looking to safeguard your family’s future with a Revocable Living Trust, draft a Last Will and Testament, or ensure your medical wishes are honored through a Healthcare Power of Attorney, you’ve come to the right place. Thinking about the future isn’t just about “paperwork”—it’s about people. It’s about ensuring your kids are cared for, your hard-earned assets are protected, and your wishes are honored without the stress of a messy probate process. In Arizona, estate laws have specific nuances—from community property considerations to unique probate simplified procedures. Whether you are just starting to think about a **Last Will and Testament**, wondering if a **Revocable Living Trust** is right for your family, or needing to update your **Healthcare & Financial Powers of Attorney**, you’ve come to the right place. ### Why Knowledge is Your Best Asset An informed client is a confident client. We’ve curated the articles below to help demystify the legal jargon and provide clear, actionable insights into Arizona estate law. **Explore our guides below to learn about:** - The critical differences between Wills and Trusts. - How to avoid the time and expense of Arizona Probate. - How to leave your assets to your loved ones in an asset protected irrevocable trust that protects the inherited assets from your loved one’s creditors, ex-spouses and bankruptcy courts. - Name in a Healthcare Power of Attorney the people who can make medical decisions for you if you can’t talk to your doctor - A Living Will in which you instruct your doctor to pull the plug if you are brain dead being kept alive by a machine. - Specialized planning for blended families and business owners. ### From Information to Action While these articles provide a foundation, no two lives are identical. A “downloadable template” can’t understand your family dynamics or your specific goals—but we can after we meet and learn about you, your family and your concerns. Once you’ve had a chance to look through these resources, we invite you to take the next step. Let’s sit down, cut through the complexity, and build a custom plan that gives you total peace of mind. ### Why You Should Hire Us Learn [why you should hire us](https://www.keytlaw.com/hire-us/) to prepare your estate plan with a revocable living trust. 36 Documents & Services in Our Estate Plan See the list of the [36 documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your estate plan with a revocable living trust. --- **Without a Trust, your private family finances become a public record.** In Arizona, probate is an open book; that means anyone—from nosey neighbors to predatory scammers—can see exactly what you own and who will inherit the assets. **If you don’t have a will or a trust, the State of Arizona has a law that determines who inherits your assets.** Dying ‘intestate’ means the government decides who gets your house, your savings, your investments, rental real estate and your heirlooms, regardless of what you told your family in private.” **Probate is a legal ‘waiting room’ that can freeze your family’s access to your cash for months.** While your bills and mortgage keep coming due, your bank accounts could remain locked tight until a judge appoints a personal representative of your probate grants and gives the personal representative permission access your assets. **Estate planning isn’t just about death; it’s about ‘living death.’** If an accident, a stroke or dementia leaves you unable to manage your financial affairs, a loved one will have to file an application and spend money to get a Superior Court to appoint a guardian who has the legal power to care for you and a conservator who has the legal right to manage your financial affairs. **In a blended family, your children could be accidentally disinherited.** Without a Trust, your assets could pass entirely to a surviving spouse, and then to *your spouse’s* children, leaving your own kids with nothing but memories.” **You can pay a little now to protect your family, or your estate can pay a lawyer a lot later to fix the mess you created by not creating a trust and ancillary documents.** Every dollar spent on probate fees and court costs is a dollar that *should* have gone to your children or grandchildren.” **Do you own real estate outside Arizona? If you don’t have a trust that owns the out of state land, your family may have to endure the nightmare of multiple probates.** That’s double the court dates, double the legal fees, and double the stress.” **Without a Trust, your 18-year-old could receive his or her entire inheritance in a lump sum.** A trust allows you to ensure your hard-earned money is used for college and a career, rather than being exhausted in a single summer of bad decisions.” **Unclear DIY wills are an invitation for siblings to sue one another.** A professionally drafted revocable living trust is the ‘lock and key’ that prevents family resentment from turning into a years-long courtroom battle.” **The most expensive thing you can leave your loved ones is an unorganized estate.** Don’t leave your loved ones a mountain of paperwork and a date with a judge as your final legacy.” --- ### [Seminar](https://www.keytlaw.com/seminar/) **Published:** October 4, 2025 **Author:** Richard Keyt **Content:** ## Our Next Estate Planning Seminar ## Our Free Estate Planning Seminar ## Confused about wills and trusts? In one free session, Arizona estate planning attorney Richard Keyt will explain what every family must know to protect their home, savings, and children. ## When ## To Be Announced ## Where ## 10440 E Via Linda Senior Center Room ? Scottsdale ## Time ## 7:00 - 8:00 pm Enter your info and click on submit. First Name \* Last Name \* Email \* Phone \* Seminar Date \* I'll bring another person Submit ## What You Will Learn at Our Seminar #### [Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people.](https://www.keytlaw.com/calendar) [ Book a Free Office, Phone or Zoom Video Consultation ](https://www.keytlaw.com/calendar) ![](https://www.keytlaw.com/wp-content/uploads/2025/10/10440eastvialinda2.jpg) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Chandler, AZ Estate Planning Lawyers](https://www.keytlaw.com/chandler-az-estate-planning-lawyers/) **Published:** November 25, 2024 **Author:** Richard Keyt **Content:** # Chandler, AZ Estate Planning Lawyers \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” status=”published” publish\_date=”” class=”” id=”” spacing\_medium=”” margin\_top\_medium=”” 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sticky\_offset=”” sticky\_transition\_offset=”0″ scroll\_offset=”0″ animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″\]\[fusion\_builder\_row\]\[fusion\_builder\_column type=”1\_1″ layout=”1\_1″ align\_self=”auto” content\_layout=”column” align\_content=”flex-start” valign\_content=”flex-start” content\_wrap=”wrap” spacing=”” center\_content=”no” column\_tag=”div” link=”” target=”\_self” link\_description=”” min\_height=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” type\_medium=”” type\_small=”” flex\_grow\_medium=”” flex\_grow\_small=”” flex\_grow=”” flex\_shrink\_medium=”” flex\_shrink\_small=”” flex\_shrink=”” order\_medium=”0″ order\_small=”0″ dimension\_spacing\_medium=”” dimension\_spacing\_small=”” dimension\_spacing=”” dimension\_margin\_medium=”” dimension\_margin\_small=”” margin\_top=”” margin\_bottom=”” padding\_medium=”” padding\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” hover\_type=”none” border\_sizes=”” border\_color\_hover=”” border\_color=”” border\_style=”solid” border\_radius=”” box\_shadow=”no” dimension\_box\_shadow=”” box\_shadow\_blur=”0″ box\_shadow\_spread=”0″ box\_shadow\_color=”” box\_shadow\_style=”” z\_index\_hover=”” z\_index=”” overflow=”” background\_type=”single” background\_color\_medium=”” background\_color\_small=”” background\_color\_medium\_hover=”” background\_color\_small\_hover=”” background\_color\_hover=”” background\_color=”” gradient\_start\_color=”” gradient\_end\_color=”” gradient\_start\_position=”0″ gradient\_end\_position=”100″ gradient\_type=”linear” radial\_direction=”center center” linear\_angle=”180″ background\_image\_medium=”” background\_image\_small=”” background\_image=”” background\_image\_id\_medium=”” background\_image\_id\_small=”” background\_image\_id=”” lazy\_load=”none” skip\_lazy\_load=”” background\_position\_medium=”” background\_position\_small=”” background\_position=”left top” background\_repeat\_medium=”” background\_repeat\_small=”” background\_repeat=”no-repeat” background\_size\_medium=”” background\_size\_small=”” background\_size=”” background\_custom\_size=”” background\_custom\_size\_medium=”” background\_custom\_size\_small=”” background\_blend\_mode\_medium=”” background\_blend\_mode\_small=”” background\_blend\_mode=”none” background\_slider\_images=”” background\_slider\_position=”” background\_slider\_skip\_lazy\_loading=”no” background\_slider\_loop=”yes” background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” render\_logics=”” sticky=”off” sticky\_devices=”small-visibility,medium-visibility,large-visibility” sticky\_offset=”” absolute=”off” absolute\_props=”” filter\_type=”regular” filter\_hover\_element=”self” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”true”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\]Many people put off estate planning for a variety of reasons, believing that it is something they can take care of at a later time or that they should only consider it when they are wealthy enough. For the majority of people, however, future planning is more about ensuring your family’s safety and fulfilling your personal goals than it is about the money. If something were to happen to you without a plan in place, waiting would only make the already trying situation your family is in even more stressful and complicated. At KEYTLaw we know you care about your family’s safety and well-being. Our Chandler estate planning lawyers will help you formulate a customized plan that’s reflective of your needs and preferences. Together, we can build a secure future for the people in your life you truly care about. We’ve created over 650 estate plans – you can trust our experience to give you peace of mind! Call us now for [a free, no-obligation consultation](https://www.keytlaw.com/), and we will work with you to create a plan that will provide financial security for your family while also giving you peace of mind. [![Chandler Estate Planning Lawyers](https://www.keytlaw.com/wp-content/uploads/2024/11/chandler-estate-planning.jpg "Financial,Consultant,Explaining,New,Project,Investment,To,Young,Couple,In - KEYTLaw")](https://www.keytlaw.com/wp-content/uploads/2024/11/chandler-estate-planning.jpg) ### **Why Does Every Family Need an Estate Plan?** An estate plan isn’t only for the affluent. Anyone who desires to have their wishes carried out, their loved ones protected, and their wealth transferred without interference should have one. Without an estate plan, your property, your medical care, and even your minor children’s guardianship will be thrown into the court system. This could cause a delay and unintended consequences for your family at a difficult time. With an estate plan in place, you retain your assets and decisions, and your family is prepared for the unknown. Estate planning is more than a legal procedure; it’s an insurance policy for your loved ones against the unknown. **Essentials of a Strong Estate Plan** The distribution of assets is only one aspect of a thorough estate plan. The best plans take into account all aspects of your life and respect your individual preferences. Listed below are a few estate planning documents that can assist you: - **A will**: A will designates how your assets are distributed and who will serve as guardians for minor children, ensuring they’re raised according to your wishes. - [**A trust**:](https://www.nolo.com/legal-encyclopedia/arizona-make-a-living-trust-31719.html) Setting up a trust allows for private, efficient asset distribution, often avoiding probate. Trusts can also allow you to determine when and how beneficiaries receive their inheritance. - **A durable power of attorney**: This document designates someone to handle your finances if you are unable to do so. Without it, the court may appoint a stranger to manage your finances. - **A healthcare directive (living will)**: This outlines your medical treatment preferences and designates someone to make healthcare decisions if needed, giving clarity to your loved ones during critical moments. - **Beneficiary designations**: For assets like retirement accounts or life insurance, beneficiary designations ensure these assets go directly to chosen individuals without delays or probate. At KEYTLaw, our experienced Chandler estate planning lawyers can help you create an estate plan tailored to your specific needs, addressing every essential detail. ### **Why Choose Our Experienced Chandler Estate Planning Lawyers? Estate planning might feel overwhelming if you have been putting it off for a while. With our Chandler estate planning lawyers on your side, we can guide you through the process with simple explanations and assistance. ### We are dedicated to crafting estate plans for your specific goals, whether you want to protect your children, lower taxes, or distribute your wealth as you wish. KEYTLaw is proud of our personalized, customer-centric approach that gives you control over these important decisions. ### We’ll handle all aspects of your estate planning, such as wills, trusts, powers of attorney, and healthcare directives. We want to protect your family from legal wrangling and financial stress so that you and your loved ones can focus on the things that matter in life. ### **Don’t Wait to Plan—Start Today!** It’s often said that the best time to plan for the future is now. Leaving these matters unresolved could leave your loved ones with stress and potential legal conflicts. Our team at KEYTLaw is ready to help you establish a reliable estate plan, allowing you to rest easy, knowing your family is protected. [Contact us today to schedule a free consultation](https://www.keytlaw.com/contact/) with one of our Chandler estate planning lawyers. Let us help you create a plan that will give you and your family the security you deserve. ### **Arizona Estate Planning FAQs** **Can I update my estate plan if my circumstances change? Yes, you should revisit your estate plan whenever significant life events occur, such as marriage, divorce, the birth of a child, or changes in financial status. Regular updates ensure your plan continues to reflect your current goals and protects your loved ones effectively. **What is the role of power of attorney in an estate plan? A durable power of attorney allows you to designate someone to handle your financial matters if you become incapacitated. Without this document, your family may need to seek court approval to manage your finances, which can delay critical decisions during a stressful time. **How can estate planning help reduce taxes for my beneficiaries?** Proper estate planning can minimize tax burdens by using strategies such as trusts and gifting during your lifetime. These tools can help preserve more of your wealth for your beneficiaries, ensuring they benefit from your assets without unnecessary financial strain. \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Glendale, AZ Wills Lawyers](https://www.keytlaw.com/glendale-az-wills-lawyers/) **Published:** August 27, 2024 **Author:** Richard Keyt **Content:** # Glendale, AZ Wills Lawyers \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” 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background\_slider\_position=”” background\_slider\_skip\_lazy\_loading=”no” background\_slider\_loop=”yes” background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” video\_mp4=”” video\_webm=”” video\_ogv=”” video\_url=”” video\_aspect\_ratio=”16:9″ video\_loop=”yes” video\_mute=”yes” video\_preview\_image=”” pattern\_bg=”none” pattern\_custom\_bg=”” pattern\_bg\_color=”” pattern\_bg\_style=”default” pattern\_bg\_opacity=”100″ pattern\_bg\_size=”” pattern\_bg\_blend\_mode=”normal” mask\_bg=”none” mask\_custom\_bg=”” mask\_bg\_color=”” mask\_bg\_accent\_color=”” mask\_bg\_style=”default” mask\_bg\_opacity=”100″ mask\_bg\_transform=”left” mask\_bg\_blend\_mode=”normal” render\_logics=”” logics=”” absolute=”off” absolute\_devices=”small,medium,large” sticky=”off” 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min\_height=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” type\_medium=”” type\_small=”” flex\_grow\_medium=”” flex\_grow\_small=”” flex\_grow=”” flex\_shrink\_medium=”” flex\_shrink\_small=”” flex\_shrink=”” order\_medium=”0″ order\_small=”0″ dimension\_spacing\_medium=”” dimension\_spacing\_small=”” dimension\_spacing=”” dimension\_margin\_medium=”” dimension\_margin\_small=”” margin\_top=”” margin\_bottom=”” padding\_medium=”” padding\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” hover\_type=”none” border\_sizes=”” border\_color\_hover=”” border\_color=”” border\_style=”solid” border\_radius=”” box\_shadow=”no” dimension\_box\_shadow=”” box\_shadow\_blur=”0″ box\_shadow\_spread=”0″ box\_shadow\_color=”” box\_shadow\_style=”” z\_index\_hover=”” z\_index=”” overflow=”” background\_type=”single” background\_color\_medium=”” background\_color\_small=”” background\_color\_medium\_hover=”” background\_color\_small\_hover=”” background\_color\_hover=”” background\_color=”” gradient\_start\_color=”” gradient\_end\_color=”” gradient\_start\_position=”0″ gradient\_end\_position=”100″ gradient\_type=”linear” radial\_direction=”center center” linear\_angle=”180″ background\_image\_medium=”” background\_image\_small=”” background\_image=”” background\_image\_id\_medium=”” background\_image\_id\_small=”” background\_image\_id=”” lazy\_load=”none” skip\_lazy\_load=”” background\_position\_medium=”” background\_position\_small=”” background\_position=”left top” background\_repeat\_medium=”” background\_repeat\_small=”” background\_repeat=”no-repeat” background\_size\_medium=”” background\_size\_small=”” background\_size=”” background\_custom\_size=”” background\_custom\_size\_medium=”” background\_custom\_size\_small=”” background\_blend\_mode\_medium=”” background\_blend\_mode\_small=”” background\_blend\_mode=”none” background\_slider\_images=”” background\_slider\_position=”” background\_slider\_skip\_lazy\_loading=”no” background\_slider\_loop=”yes” background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” render\_logics=”” sticky=”off” sticky\_devices=”small-visibility,medium-visibility,large-visibility” sticky\_offset=”” absolute=”off” absolute\_props=”” filter\_type=”regular” filter\_hover\_element=”self” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”true”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] Discussing end-of-life preparations is a subject that many individuals tend to shy away from, so it isn’t surprising that less than 33% have taken the time to create an estate plan. When someone dies without a will, state law takes over and decides who receives your property and what types of property will pass which way. A will is the cornerstone of your estate plan. A properly drafted will can make sure your family is taken care of if something should happen to you. KEYTLaw can help you put in place a comprehensive estate plan that will give you peace of mind. With over 50 years of combined estate planning experience and hundreds of estate plans executed, KEYTLaw have helped countless clients create wills that accomplish their goals. You won’t find a more knowledgeable team of estate planning lawyers in the Glendale area! [Call our Glendale wills lawyers today for a free consultation.](https://www.keytlaw.com/) [![Glendale Wills Lawyers](https://www.keytlaw.com/wp-content/uploads/2024/08/glendale-wills.jpg "Will,,Lawyer,Or,Hands,Of,Couple,With,Contract,To,Sign - KEYTLaw")](https://www.keytlaw.com/wp-content/uploads/2024/08/glendale-wills.jpg) **Why Is a Will Important?** A will is a basic estate planning document that represents your wishes for the distribution of your personal and real property after you die. Without one, your estate will be distributed according to state intestate succession laws, which may not align with your wishes. This can lead to family squabbles and lengthy litigation, with your property going to individuals whom you might not wish to benefit from your estate. A will can prevent these issues. If drafted properly, a will can: - Ensure your assets are distributed according to your wishes - Designate guardians for minor children - Specify funeral arrangements and other personal wishes - Minimize potential estate taxes and legal complications Our Glendale wills lawyers can guide you through the process of creating a will, ensuring that all your bases are covered and your family’s future is protected. **Parts of a Will** Arming yourself with knowledge of what the essential elements of a will look like can prove useful in putting together a comprehensive estate plan. Below is an example of how a simple will might appear: 1. **Introductory part:** This portion states your name, address, and that this is your last will and testament. 2. **Appointment of executor**: Here you name an executor who will administer your estate. Your executor will see that your instructions are carried out and your creditors are paid. 3. **Guardianship provisions**: If you have children under the age of 18, this section lets you appoint someone to be their guardian. 4. **Bequests and legacies:** This section lists gifts of property or money left to people or institutions. 5. **Residuary clause:** This covers the distribution of any assets not specifically mentioned in the will. 6. **Signatures and witnesses:** The will must be signed by you and witnessed by at least two people for it to be legally recognized. Our team is highly skilled in tailoring these elements to your exact requirements, ensuring that your will is precise, legally valid, and thorough. **How Our Glendale Wills Lawyers Can Help** When you have the need for a will or any estate planning services, KEYTLaw is the right choice. Our Glendale wills lawyers will provide you with a professional, personalized estate planning service. We will take the time to ask questions to get to know who you are and what you hope to accomplish. We will work with you to craft a will that best represents who you truly are and what you wish to happen to your estate when the time comes! Our services include: - **Free initial consultation:** We’ll take time to learn about your estate planning needs and answer all your questions. - **Your will—your way:** We prepare your will to suit your needs, using the most appropriate legal forms. - **Review and updates:** Review your will periodically, and after major life events. - **Full estate planning:** In addition to wills, we offer trusts, powers of attorney and healthcare directives. Count on our Glendale wills lawyers to provide you with exceptional service and a sense of security, built upon our extensive years of experience and dedication to our clients. **Choose KEYTLaw to Create Your Will and Safeguard Your Family** We are Arizona estate planning attorneys Richard Keyt and Richard C. Keyt (father and son), and we help clients with virtually every aspect of estate planning and probate legal services. We are passionate about helping our clients secure their families’ futures and dedicated to providing each client with compassionate, thorough and reliable legal services. Don’t leave your children and grandchildren’s future to chance. [Contact KEYTLaw for a free consultation.](https://www.keytlaw.com/contact/) We help you create a comprehensive estate plan so that your loved ones are protected and your wishes are carried out. Don’t wait—call us today! \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Sign Up to Get Emails from KEYTLaw](https://www.keytlaw.com/keap/) **Published:** April 12, 2025 **Author:** Richard Keyt **Content:** Enter your information below if you want us to send you emails and text messages about any of the following subjects: - Forming an Arizona LLC or PLLC - Learning about wills, trusts, and estate planning - Arizona probates - Forming an Arizona non-profit corporation You can cancel at any time. #### **Sign up to get a free KEYTLaw newsletter** First Name \* Last Name Email \* Phone Check if you want one or our attorneys to call you? Wills, trusts & estate planning Forming Arizona LLCs & PLLCs Arizona probates Forming an Arizona nonprofit corporation Forming an Arizona LLC owned by an IRA None of the above Submit your information --- ### [6 Mistakes Parents Make When Naming Guardians of Minor Children](https://www.keytlaw.com/6-mistakes/) **Published:** June 8, 2025 **Author:** Richard Keyt **Content:** **Click on the right side of an image to go to the next page to the right or click on the left side of a page to go to the previous page. You can also click on < or > on the very bottom of the page to go forward or backward.** --- ### [Kids Protection Planning Guide - 9 Steps](https://www.keytlaw.com/kids-protection-guide/) **Published:** June 8, 2025 **Author:** Richard Keyt **Content:** **Click on the right side of an image to go to the next page to the right or click on the left side of a page to go to the previous page. You can also click on < or > on the very bottom of the page to go forward or backward.** --- ### [5 Ways an Inexpensive Estate Plan Could Fail & Create a Big Mess for Your Family](https://www.keytlaw.com/5-ways/) **Published:** June 11, 2025 **Author:** Richard Keyt **Content:** ## What You’ll Discover Finding the right estate planning attorney for your family can feel overwhelming. That’s why we created this free guide—to show you exactly what to look for in a lawyer you can trust with your family’s future. Inside, you’ll learn everything you need to make a confident and informed decision. You’ve probably heard the saying, “you don’t know what you don’t know.” Unfortunately, many families either attempt to handle estate planning on their own or hire the least expensive attorney they can find, assuming they only need “simple documents.” What they often fail to realize is that without asking the right questions and getting proper guidance, they may end up with documents that fall short—especially when their family needs them most. ## Your Life Evolves—So Should Your Plan As your life circumstances change, your estate plan should be flexible enough to change with them. It’s essential to work with an attorney who can keep your plan current and aligned with your evolving needs. ## What Will It Cost? Learn how to compare estate planning options based on price—and more importantly, understand the real cost to your family when the planning isn’t done properly. ## It’s More Than Just Paperwork Discover which parts of your estate plan must be regularly updated to ensure everything works smoothly for your family when it matters most. ## Is AI Better Than a Lawyer? AI tools may be less expensive, but they can’t truly get to know you or understand the unique details of your life and wishes. Our experience shows that every client is different—and real estate planning requires real human insight. ## Discover the 5 Ways a Cheap Estate Plan Can Go Wrong Many families attempt to handle estate planning on their own or hire the least expensive attorney, thinking they only need “simple documents.” But without the right questions and guidance, these quick fixes often lead to plans that fall short—especially during the most critical moments in a family’s life. Learn how to avoid costly mistakes and protect what matters most. **Click on the right side of an image to go to the next page to the right or click on the left side of a page to go to the previous page. You can also click on < or > on the very bottom of the page to go forward or backward.** --- ### [What is a Revocable Living Trust?](https://www.keytlaw.com/ep4/) **Published:** August 5, 2024 **Author:** Richard Keyt **Content:** A revocable living trust is the primary estate planning document. It is created by a trust agreement signed by the trustmaker (sometimes called the grantor) and one or more current trustees. The trust agreement provides that the trustee(s) will hold and administer the trust’s assets for the trust’s beneficiary or beneficiaries. You will be the trustmaker, current trustee and current beneficiary of your trust. If you are married you and your spouse will be the trustmakers, current trustees and current beneficiaries if you create a joint trust. A married person can also have a trust that does not include the spouse as a trustmaker or a current trustee or beneficiary. For example, Homer and Marge Simpson are the trustmakers and trustees who sign their trust agreement. The current beneficiaries are Homer and Marge who have total control over their assets in the trust because they are the trustees. If one of them dies the other will be the sole trustee and sole current beneficiary. If both of them die the beneficiaries will be their three chidlren equally. If a child is below age 25 when both parents die, the trust agreement names Ned Flanders as the successor trustee who will administer the trust’s assets for each child until the child is old enough to become the trustee of the child’s trust that owns the child’s share of his or her inheritance. ## Trustees The trustee manages the assets in the trust for the benefit of the current beneficiary or beneficiaries. A trustee of a trust signs the trust agreement and has the legal obligation to carry out the trustee’s duties stated in the trust agreement. Trustee has a fiduciary duty to carry out the trustee’s obligations in the trust agreement. If a trustee breaches the trust agreement the beneficiaries can sue the trustee. When you create your revocable living trust you are the trustee and beneficiary so you won’t sue yourself if you don’t carry out the trustee’s duties in the trust agreement. ## Current Trust Beneficiaries The current beneficiary or beneficiary is the person or people for whom the trustee manages the trust assets. When you create your estate planning trust you will be the current beneficiary. If we create a joint trust for you and your spouse both of you will be current beneficiaries. As a current beneficiary you can spend trust assets however you wish with no restrictions. ## Future Trust Beneficiaries Your trust will provide who inherits your assets if you die or if you and your spouse die if you are married. This person or these people are future trust beneficiaries. The successor trustee(s) duty is to manage the trust’s assets for the future beneficiary or beneficiaries. Trustees can pay money to a beneficiary, lend money to a beneficiary or pay the beneficiary’s expenses. If the beneficiary is going to college the trustee can pay the tuition, books and room and board. If the beneficiary needs money for healthcare the trustee can pay for the healthcare or reimburse the beneficiary who spends money on healthcare. ## Revocable Living Trusts vs. Irrevocable Living Trusts Estate planning trusts are revocable living trusts. It is called a living trust because it is created by the trustmaker when the trustmaker is alive. Trusts can also be created in a Last Will & Testament, but those trusts are not created until after the person who signed the Will dies. A revocable living trust is a trust that can be amended by the trustmaker. You want your estate planning trust to be revocable so you can amend it from time to time so it always reflects changes in you life. For example, if the person you name in your trust to be the first successor trustee dies, you can amend the trust to replace that person. Irrevocable living trusts cannot be amended unless the trust agreement has language that allows amendments in certain circumstances or a court orders an amendment. The trusts we create for our clients children are irrevocable trusts because parents want their plan to be carried out rather than a child being able to change the parents’ plan. ## Asset Protected Trusts Revocable trusts do not give the beneficiaries any asset protection. Your creditor can reach all of the assets in your revocable living trust. An irrevocable trust a parent creates for a child that is funded with the parent’s assets can be an excellent asset protected device because the parent gives away the asset, which is why the parent’s creditors and ex-spouses cannot get any assets in the irrevocable child’s trust. **Caution**: If the transfer of assets by the parent to the trust is a fraudulent conveyance then the parents creditors can get those assets from the child’s irrevocable trust. ## Our Trusts Create Irrevocable Asset Protected Trusts for Children The trusts we create for our estate plan clients provide that on the death of our client or client and spouse (if our client is married) an irrevocable asset protected trust will be created for each child. The child can be the trustee in charge of the assets in the child’s trust. The inherited assets in the child’s irrevocable trust protects the inherited assets from the child’s creditors, ex-spouses and bankruptcy. See my articled called “[Beneficiary Controlled Asset Protected Irrevocable Trusts](https://www.keytlaw.com/ep-apt/).” ## Taxation of Revocable Living Trusts Because a revocable living trust is revocable the IRS pretends like the trust does not exist. Revocable living trusts do not file federal or state tax returns or pay any taxes. All income and deductions earned by the revocable living trust are reported on the trustmaker’s tax returns and the trustmaker pays any the taxes. --- ### [How to Make Money Online YouTube Channels](https://www.keytlaw.com/money/) **Published:** September 21, 2024 **Author:** Richard Keyt **Content:** # How to Make Money Online YouTube Channels \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” status=”published” publish\_date=”” class=”” id=”” spacing\_medium=”” margin\_top\_medium=”” 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hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” width\_medium=”” width\_small=”” width=”” min\_width\_medium=”” min\_width\_small=”” min\_width=”” max\_width\_medium=”” max\_width\_small=”” max\_width=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] The videos below were made by people who got rich on YouTube and tell you how to you can get rich. **Important Note**: You need to save videos that have good info you might want to watch in the future. Build a library of videos. Here is how you save videos in YouTube: 1. Get a gmail email account. 2. Login to YouTube using your gmail account. 3. When you find a video you want to save click in the 3 . . . s below the video on the right side. 4. Create a playlist such as Maria Wendt. 5. Put a check mark in the box on the left side of the desired playlist. 6. If you don’t see a playlist name that you want for the video click on the New Playlist button and enter the name you want to call the playlist then click on the X on the top right. Here’s how to access saved videos: 1. While logged in to your YouTube account go to the left margin and click on Playlist. 2. Click on the View Playlist under the desired playlist. 3. Select the video you want to watch. \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\]\[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” status=”published” publish\_date=”” class=”” id=”” spacing\_medium=”” margin\_top\_medium=”” margin\_bottom\_medium=”” spacing\_small=”” margin\_top\_small=”” margin\_bottom\_small=”” margin\_top=”” margin\_bottom=”” padding\_dimensions\_medium=”” padding\_top\_medium=”” padding\_right\_medium=”” 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background\_image=”” background\_image\_id\_medium=”” background\_image\_id\_small=”” background\_image\_id=”” lazy\_load=”none” skip\_lazy\_load=”” background\_position\_medium=”” background\_position\_small=”” background\_position=”left top” background\_repeat\_medium=”” background\_repeat\_small=”” background\_repeat=”no-repeat” background\_size\_medium=”” background\_size\_small=”” background\_size=”” background\_custom\_size=”” background\_custom\_size\_medium=”” background\_custom\_size\_small=”” background\_blend\_mode\_medium=”” background\_blend\_mode\_small=”” background\_blend\_mode=”none” background\_slider\_images=”” background\_slider\_position=”” background\_slider\_skip\_lazy\_loading=”no” background\_slider\_loop=”yes” background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” render\_logics=”” sticky=”off” sticky\_devices=”small-visibility,medium-visibility,large-visibility” sticky\_offset=”” absolute=”off” absolute\_props=”” filter\_type=”regular” filter\_hover\_element=”self” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”false” border\_position=”all” first=”true” spacing\_right=””\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” awb-switch-editor-focus=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” width\_medium=”” width\_small=”” width=”” min\_width\_medium=”” min\_width\_small=”” min\_width=”” max\_width\_medium=”” max\_width\_small=”” max\_width=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] [Sarah Finance](https://www.youtube.com/@SaraFinance) has 670,000 subscribers as of June 30, 2025. She is a 23-year-old multi-millionaire. Her YouTube channel is at: Some of her videos: - [How to Start Selling Digital Products in 2025 (Step-by-Step)](https://youtu.be/RqTDM1zSG48?si=1HsM6I6ZRUvKlcfq) - [How I Made $4.9M Online At 22 So You Can Just Copy Me](https://youtu.be/NdYUgkBvbzo?si=O9f0UAJ3xeRxHPnX) - [How I Made $2.7M From Affiliate Marketing So You Can Just Copy Me](https://youtu.be/GsTA40wxm2k?si=fVMJ_8BkACQvv6CZ) - [How I Make $42,873/Month Selling Digital Products (Just Copy Me)](https://youtu.be/RoAAFFpyfh4?si=ogWSzjd1dFj6s0iu) - [How I Make $23,387/Month With Pinterest Affiliate Marketing (New Strategy)](https://youtu.be/xaAXyss0m4Q?si=eABawP2lr9MoONhb) - [9 Income Streams That Make Me $4,100/Day at Age 23 (Anyone Can Start)](https://youtu.be/74Hr3eRFQQA?si=o1YNtg8DSFfJHUuu) - [How to Make $500/Day Selling Digital Products with Stan Store (Step-by-Step)](https://youtu.be/52m794XOGsE?si=fUHKo2a6zr-7rGF9) Note: She uses Stan Store, which is what Maria Wendt uses to sell her products. This is the software where you create a landing / sales page that your video links to where the customer can buy your product. - [How I Made $500K With This ONE Affiliate Marketing Strategy](https://youtu.be/hNMDd8bjcx4?si=JNkbkhe8pZ4y9nuw) - [7 AI Tools That Will Make You RICH In 2025](https://youtu.be/0P6uR6dxkuM?si=2JVBr8KSLMPXqZcB) \[/fusion\_text\]\[/fusion\_builder\_column\]\[fusion\_builder\_column type=”1\_3″ layout=”1\_3″ align\_self=”auto” content\_layout=”column” align\_content=”flex-start” valign\_content=”flex-start” content\_wrap=”wrap” spacing=”” center\_content=”no” column\_tag=”div” link=”” target=”\_self” link\_description=”” min\_height=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” type\_medium=”” type\_small=”” flex\_grow\_medium=”” flex\_grow\_small=”” flex\_grow=”” flex\_shrink\_medium=”” flex\_shrink\_small=”” flex\_shrink=”” order\_medium=”0″ order\_small=”0″ dimension\_spacing\_medium=”” 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sticky=”off” sticky\_devices=”small-visibility,medium-visibility,large-visibility” sticky\_offset=”” absolute=”off” absolute\_props=”” filter\_type=”regular” filter\_hover\_element=”self” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”false” border\_position=”all” first=”false” spacing\_right=””\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” awb-switch-editor-focus=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” width\_medium=”” width\_small=”” width=”” min\_width\_medium=”” min\_width\_small=”” min\_width=”” max\_width\_medium=”” max\_width\_small=”” max\_width=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] [Maria Wendt](https://www.youtube.com/@MariaWendt) is a young multi-millionaire. She says, “I’ve made over $12 million selling digital products, and I’m here to show you how to do it. Her YouTube channel is at: She uses Samcart to sell her products. See one of her awesome [Samcart order pages](https://mariawendt.samcart.com/products/digital-products-business-27/?el=channel-bio&htrafficsource=yt). Click to get a 30-day [free trial of Samcart](https://www.youtube.com/redirect?event=video_description&redir_token=QUFFLUhqbTdUQ3I2dTY3bVoxMGl1al9EdXNKa0RhR254Z3xBQ3Jtc0tsemJGU3VmUmNELTZZSm5ENjdTZFVEeHBNTXlQaVprTEhOZXhCSmdZZy1jSlZCUklTZndrVGRESkdYRlZZTmt5UlNkalNhOUZCVHMzM3B6dWVuS2E2LXM2amlvejJUeTVvRzg1dFAyb2d5OEhwaExzUQ&q=https%3A%2F%2Fcheckout.samcart.com%2Freferral%2Fj2ZmDrDE%2FSC2VB8RDpXxJjhT5&v=wca7qW6XV6s). - [The Viral Digital Product Formula That Made Me $12M](https://youtu.be/wca7qW6XV6s?si=zpFDwDp2wndelgkH). - [This AI Assistant Manages My $12M Digital Product Business (Automate Everything)](https://youtu.be/rFRt_XIFuac?si=wtpk4GtSTuxc1GhR) - [How I Market My Digital Products (FREE COURSE)](https://youtu.be/Mslps_uD8-4?si=zGXjIgH31PEj8QZz) - [How to create a viral digital product](https://www.mariawendt.com/viral-product-course/?el=v050725&htrafficsource=yt) - [6 Things I Did Differently That Took Me to $11M With Digital Products](https://youtu.be/l1y7o8YIDwM?si=DeXVv4WRsZYM4gA9) - [How to Start an Automated Business in 2025 (from scratch)](https://youtu.be/IFWNXVaDc6g?si=qE78lezZFGvzuCfl) - [How to run profitable ads](https://learn.coachmariawendt.com/ads-course/?el=v122624&htrafficsource=yt) - Maria uses an AI agent called [ManyChat](https://manychat.com/). She says it is one of the reasons she has sold almost 25,000 products as of June 30, 2025. I also use ManyChat. Get a [ManyChat free trial](https://get.manychat.com/comment-to-dm-30-off?source=34f51b2443de&mcdc=9337a07e&ps_partner_key=MzRmNTFiMjQ0M2Rl&ps_xid=crwnrZJFrPOd9P&gsxid=crwnrZJFrPOd9P&gspk=MzRmNTFiMjQ0M2Rl). - Get her free 88 page book called “[Guide On How I Made $11M Selling Digital Products](https://mariawendt.samcart.com/products/digital-products-business-27/?el=channel-bio&htrafficsource=yt)“ \[/fusion\_text\]\[/fusion\_builder\_column\]\[fusion\_builder\_column type=”1\_3″ layout=”1\_3″ align\_self=”auto” content\_layout=”column” align\_content=”flex-start” valign\_content=”flex-start” content\_wrap=”wrap” spacing=”” center\_content=”no” column\_tag=”div” link=”” target=”\_self” link\_description=”” min\_height=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” type\_medium=”” type\_small=”” flex\_grow\_medium=”” flex\_grow\_small=”” flex\_grow=”” flex\_shrink\_medium=”” flex\_shrink\_small=”” flex\_shrink=”” 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background\_image\_medium=”” background\_image\_small=”” background\_image=”” background\_image\_id\_medium=”” background\_image\_id\_small=”” background\_image\_id=”” lazy\_load=”none” skip\_lazy\_load=”” background\_position\_medium=”” background\_position\_small=”” background\_position=”left top” background\_repeat\_medium=”” background\_repeat\_small=”” background\_repeat=”no-repeat” background\_size\_medium=”” background\_size\_small=”” background\_size=”” background\_custom\_size=”” background\_custom\_size\_medium=”” background\_custom\_size\_small=”” background\_blend\_mode\_medium=”” background\_blend\_mode\_small=”” background\_blend\_mode=”none” background\_slider\_images=”” background\_slider\_position=”” background\_slider\_skip\_lazy\_loading=”no” background\_slider\_loop=”yes” background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” render\_logics=”” sticky=”off” sticky\_devices=”small-visibility,medium-visibility,large-visibility” sticky\_offset=”” absolute=”off” absolute\_props=”” filter\_type=”regular” filter\_hover\_element=”self” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”false”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] [Shelby Church](https://www.youtube.com/@ShelbyChurch) 1.82M subscribers as of September 21, 2024. **28 Year Old Living On 980K A Year** \[/fusion\_text\]\[fusion\_youtube id=”https://youtu.be/-l\_oBlWbPEE?si=ztmwVtgCww5AhgZc” alignment=”center” width=”” height=”” start\_time=”” end\_time=”” autoplay=”false” mute=”false” loop=”false” controls=”true” api\_params=”” title\_attribute=”” video\_facade=”” thumbnail\_size=”auto” margin\_top=”” margin\_bottom=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” class=”” css\_id=”” structured\_data=”off” video\_upload\_date=”” video\_duration=”” video\_title=”” video\_desc=”” /\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” awb-switch-editor-focus=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” width\_medium=”” width\_small=”” width=”” min\_width\_medium=”” min\_width\_small=”” min\_width=”” max\_width\_medium=”” max\_width\_small=”” max\_width=”” margin\_top=”20px” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] [Jordan Brown](https://www.youtube.com/@JordanBown) has made millions of dollars drop shipping, but in this video he explains a better way to make $100,000 a month. **Quit Dropshipping If You Want To Be Rich in 2025** \[/fusion\_text\]\[fusion\_youtube id=”https://youtu.be/GlL6KpyTOYY?si=oh4PATMf2xikBbpS” alignment=”center” width=”” height=”” start\_time=”” end\_time=”” autoplay=”false” mute=”false” loop=”false” controls=”true” api\_params=”” title\_attribute=”” video\_facade=”” thumbnail\_size=”auto” video\_facade\_no\_cookie=”on” margin\_top=”” margin\_bottom=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” class=”” css\_id=”” structured\_data=”off” video\_upload\_date=”” video\_duration=”” video\_title=”” video\_desc=”” /\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Why Shopping for the Cheapest Estate Plan is a Mistake](https://www.keytlaw.com/cheapest-estate-plan/) **Published:** December 8, 2024 **Author:** Richard Keyt **Content:** # Why Shopping for the Cheapest Estate Plan is a Mistake \[fusion\_builder\_container type=”flex” hundred\_percent=”no” 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filter\_hover\_element=”self” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”true”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” awb-switch-editor-focus=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” width\_medium=”” width\_small=”” width=”” min\_width\_medium=”” min\_width\_small=”” min\_width=”” max\_width\_medium=”” max\_width\_small=”” max\_width=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] by Arizona estate planning attorneys [Richard Keyt](https://www.keytlaw.com/azllclaw/attorneys-staff/richard-keyt/) (Rick, the father, 480-664-7478) and [Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt) (Ricky, the son, 480-664-7472). Book a free office, phone, or Zoom video meeting using our [online calendar](https://www.keytlaw.com/calendar). In most cases, from the most sophisticated business people with the highest net worth to those just starting in the workforce and on their path to adulthood, you very likely do not know how to evaluate estimates when shopping for an estate plan. Shopping for an estate plan based on getting the lowest cost plan possible is often the fastest path to leaving your family with an empty set of documents (maybe in a beautiful binder, but not worth the paper they are written on) that won’t work for your family when they need it. Unfortunately, we see the negative effects of cheap estate planning when family members come to us during a time of grief with that fancy binder that sat on the shelf for years sending out signals of false security, full of out-of-date estate planning documents, and find themselves stuck in what could have been an avoidable court process, or even conflict when that’s exactly what their loved one thought they had paid someone to handle for them. ## **5 Reasons Why a Cheap Estate Plan Is Likely To Leave You With A Plan That Won’t Work For Your Family & and Could Leave Them With A Big Mess** 1\. The least expensive plan isn’t worth the paper it’s written on once you’ve left the attorney’s office — your life changes, the law changes, and your assets change over time; your plan needs to keep up with those changes. And the truth is a lawyer can’t afford to provide anything more than documents that won’t get updated when you only pay a few hundred dollars for a plan. The business model doesn’t work for the lawyer and won’t work for you. An attorney who aims to serve your family in their best interests cannot make a living selling $399 (or even $1,500 or $2,000) wills, trusts, or estate plans. Only insurance and financial professionals getting paid commissions to sell your family’s annuities and life insurance products can make a living selling cheap documents. Buyer beware! 2\. Financial professionals often sell “Estate planning” to get their hands on your “assets under management. ” They do not necessarily prioritize doing right by your family or keeping the people you love out of court or conflict. They may not even know how to do this. When your estate plan has been sold to you by an investment advisor as part of your financial advisory and retirement support services, their focus isn’t on understanding the relational and legal dynamics of families, which can flare up after the death of a loved one. As “relational lawyers,” we’ve got specific expertise and training in pre-emptively identifying potential for family conflict and heading it off before it becomes an expensive problem. We’ve seen it all when it comes to families getting stuck in court. As your Personal Family Lawyer®, we can help you design a plan that prevents your family from court and conflict. 3\. Forms and documents won’t be there for your family when you can’t be — you want to leave your loved one’s relationship with a trusted advisor with whom you have built a relationship during your lifetime and who has met them and they already Trust. Working with a lawyer who focuses on “the best documents” at the “lowest price” or doesn’t charge enough for their services cannot provide more than form documents. These days, especially with the rise of AI, template form documents are free for anyone to use, making it difficult to know how those documents are handled when protecting the people you love. Shopping around for the least expensive plan may get you the cheapest documents, but those documents won’t be there to guide the people you love when they need someone to turn to in a crisis or grief. We will be. 4\. You get what you pay for. It’s your family that will pay the price. Traditional law firms usually use generic forms and documents. These are called “Trust mills” and are firms that draft plans but don’t ensure assets are owned correctly or stay up to date over time. You might think that’s malpractice, but it’s not. It’s common practice, leaving your family at risk if and when something happens to you! 5\. An estate plan isn’t a set-it-and-forget-it kind of thing. It needs to stay updated with changes in your life, the law, and your assets. More than $58 billion in unclaimed property is held in unclaimed property departments across the United States. Yep, that is a billion with a B. Assets often land there when someone dies or becomes incapacitated, and their family loses track of it because it wasn’t tracked well during life. And that’s just one way your family loses out if you’ve shopped around for the cheapest estate plan rather than having one that works for the people you love. ## **Is Something Better Than Nothing?** Sometimes, having something in place is better than nothing, but this is not one of those cases. In this case, having a “something” plan leaves your family holding the expensive, or even empty bag when it’s too late for them and you to do anything about it. It’s risky business to leave your loved one’s with a set of documents you aren’t sure are going to work, and our guess is that you love your people too much for that. The bottom line is don’t waste your time shopping around town for the cheapest plan possible. You don’t want the cheap plan. You want a plan that will work for the people you love when they need it. If you already have an estate plan in place that you may have purchased based on price and are concerned that you may have received a set of documents that won’t serve your family when they need it most, call us and ask about our 50-point assessment. We can help you save money by giving it to yourself, or you can pay us for a plan review to ensure your loved ones won’t be left with an expensive, painful, and unnecessary court process or loss of assets when it’s too late. Book a free office, phone, or Zoom meeting to get answers to your questions about wills and trusts by going to our online calendar at . We begin our planning process with a Family Wealth Planning Planning Session, during which you’ll not only become more financially organized than ever before, but you’ll finally be able to make informed, educated choices about the right plan for your family based on your unique family dynamics and your assets, instead of just shopping around for an estate plan based on price. This article is a service of Richard Keyt of KEYTLaw, LLC, a Personal Family Lawyer®. We do not just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love. That’s why we offer a Family Wealth Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by booking a free office, phone or Zoom video Family Wealth Planning Session. ## **How to Book a Free Office, Phone or Zoom Video Estate Plan Meeting** Go to our online booking calendar at The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms®, a source believed to provide accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained separately from this educational material. \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Asset Protected Irrevocable Trusts](https://www.keytlaw.com/asset-protected-trusts/) **Published:** June 23, 2025 **Author:** Richard Keyt **Content:** # How to Protect Your Heirs' Inheritance from Creditors & Ex-spouses [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father at 480-664-7478) and his son, former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky at 480-664-7472), are Arizona estate planning attorneys with 309 5-star Google reviews and 424 5-star Google, Facebook & Birdeye [reviews](https://birdeye.com/keytlaw-llc-147983304225680). They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or [book a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar). We’ve written a free library of in-depth articles covering virtually every aspect of Arizona wills, trusts & estate planning. See **Arizona Estate Planning Guide: Wills, Trusts & Probate Articles** at: 👉 **[keytlaw.com/arizona-wills-trusts-articles](https://www.keytlaw.com/arizona-wills-trusts-articles/)** [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ## An Irrevocable Asset Protection Trust Can Shield Your Loved Ones' Inheritance from Creditors, Ex-spouses & Bankruptcy This article is for people who are considering giving valuable assets to their loved ones before and after death. There are two ways you can transfer your valuable assets to another person. - **Unprotected way**. This occurs when the current owner transfers ownership of assets to another person. If the new owner gets sued the creditor may get the assets. If the new owner gets married and divorced, the ex-spouse may get one-half of the assets. If the new owner files for bankruptcy, the bankruptcy trustee gets the assets. - **Asset protected way**. This occurs when the current owner transfers ownership of the assets to an ***irrevocable beneficiary controlled asset protected trust*** (a BCAPT) the beneficiary of which is the child or loved one. If the beneficiary gets sued, the creditor cannot get any of the assets because the beneficiary does not own the assets in the trust. If the beneficiary gets married and divorced, the ex-spouse cannot get any of the assets because the beneficiary does not own the assets in the trust. If the beneficiary files for bankruptcy, the bankruptcy trustee cannot seize any of the assets because the beneficiary does not own them. When assets are owned by a BCAPT of which your child or loved one is the beneficiary, the assets cannot be reached or obtained by any of the following: - the beneficiary’s creditors - the beneficiary’s ex-spouse - a bankruptcy court **Unprotected Example**: Recently a man who had a large judgment called me and said he inherited $250,000 when his mother died. She left him the money outright. When he deposited the money in his bank account all of it went to the man’s judgment creditor who had garnished the bank account. **Asset Protected Example**: If the man’s mother had left the $250,000 to the man in a beneficiary-controlled, asset-protected trust, the creditor could not have obtained any of the money because, legally, the $250,000 would have been owned by the trust, not by the man. The trust could have purchased a home, and the man could have lived in it rent-free or rented it. The man, as trustee of the trust, could have used the rental income to pay his bills. **Should You Create a BCAPT?** Whether to use a BCAPT is a no-brainer. As estate planning attorneys, we recommend that all people who have assets with substantial value use a BCAPT to leave assets while alive or on death to their children and loved ones. You have two options as to when you create a BCAPT: 1. Before you die, or 2. After you die. If you want to create a BCAPT now, go to our [BCAPT questionnaire](https://www.arizona-wills.com/bcaptq/). If you want to create the BCAPT when you die or both you and your spouse die, hire us to prepare a revocable living trust for you now. When we create an estate planning revocable living trust, our trust agreement provides that on the death of the sole trust maker/beneficiary or on the death of the second spouse, when the trust is a joint trust, a BCAPT will be created for each person who inherits your assets. See the [contents and prices of our estate plan with a revocable living trust](https://www.keytlaw.com/ep-contents/). **Trust Terms** The terms commonly used in connection with trusts are: - **Trust maker, trustor, donor, grantor, or settlor**: These terms all refer to the person or people who create the trust. - **Trustee or co-trustees**: This is the person, people, or trust company that has control of assets in the trust. The trustee invests trust assets, determines how much and when to spend trust assets, and makes distributions of trust assets to or for the benefit of the beneficiary. - **Beneficiary**: This the person for whom the trustee manages and administers the trust’s assets. The beneficiary can be both a trustee and beneficiary as the same time. **Trust Example**: The trust has $500,000 in its bank account. Bart Simpson is the trustee and beneficiary. Bart causes the trust to buy a home for $400,000. The trust owns the home. Bart lives in the home rent-free. The trust pays the property taxes each year. After a while, Bart causes the trust to sell the home. The money goes in the trust’s bank account. Bart takes some of the money and buys a rental property. The trust is the landlord that rents the home. The rent goes into the trust’s bank account. Bart has the trust rent a car for himself and pay the monthly lease payments. **Revocable Trust vs. Irrevocable Trust** A revocable trust is a trust that can be amended or terminated by the trust maker, trustee, beneficiary or a third party. The BCAPT is an irrevocable trust because the BCAPT **cannot** be amended or terminated by the trust maker, a trustee, a beneficiary or a third party. Only irrevocable trusts like the BCAPT provide asset protection for the beneficiary. **Trustee** If the beneficiary is a minor, too young to be the trustee or if the child should never be the trustee for any reason such as the child has a drug or alcohol problem the trustee can be another trusted family member or a trust company. It is common for parents who create a BCAPT for a minor child to allow the child to become the trustee at a stated age such as 25 or 30. The beneficiary who is also the trustee can use trust assets for his or her for health, education, maintenance and support. The following text is from a discussion in a legal treatise frequently cited by court and is based on the Restatement Third, of Trusts §50, Comment d(2)): “A support standard. . . ‘ordinarily entitles a beneficiary to distributions sufficient for accustomed living expenses, extending to such items as regular mortgage payments, property taxes, suitable health insurance or care, existing programs of life and property insurance, and continuation of accustomed patterns of vacation and of charitable and family giving. Reasonable additional comforts or ‘luxuries’ that a special vacation of a type the beneficiary had never before taken, may be borderline as entitlements but would normally be with the permissible range of the trustee’s judgment, even without benefit of a grant of extended discretion. . . . A support standard normally covers not only the beneficiary’s own support but also that of persons for whom provision is customarily made as a part of the beneficiary’s accustomed manner of living. This generally includes the support of members of the beneficiary’s household and the costs of suitable education for the beneficiary’s children. . . . the terms ‘support’ and ‘maintenance’ do not . . . authorize distributions to enlarge the beneficiary’s personal estate or to enable the making of extraordinary gifts.” The beneficiary who is the sole trustee may consider the beneficiary’s other sources of income or support. Maximum asset protection is achieved when the trust has two trustees: the beneficiary and another independent person (such as the beneficiary’s friend) or a trust company. The beneficiary determines how to invest the trust’s assets, and the other trustee has the power to make distributions in the co-trustee’s sole and absolute discretion. The beneficiary has the power to fire the distribution trustee and replace the distribution trustee with a new distribution trustee with an unrelated party who is not a subordinate employee. The beneficiary can have a limited power of appointment to appoint trust assets to anyone except the beneficiary, the beneficiary’s estate, the beneficiary’s creditors, or the creditors of the beneficiary’s estate. Our trust agreement also opts out of the prudent investor standard, which means the trustee can invest in any asset without the diversification requirement. **Initial Beneficiary** When the BCAPT is created, it has only one beneficiary. The initial beneficiary is the person who would receive the assets transferred to the BCAPT if you did not create the trust. The BCAPT provides the trust will exist for the life of the beneficiary unless it runs out of assets. The BCAPT states what happens to the trust if the beneficiary dies. The trust maker(s) tell us what happens if the beneficiary dies, and we insert the appropriate language in the trust agreement. **What Happens if the Initial Beneficiary Dies?** Here are some common options available to the trust maker(s) with respect to who will become a new beneficiary on the death of the initial beneficiary: - Assets are divided equally among the initial beneficiary’s children. The initial beneficiary has two children and both of them are alive when the initial beneficiary dies. A BCAPT is created for each child and it is funded with 1/2 of the assets in the trust on the initial beneficiary’s death. - **Assets go to initial beneficiary’s living children and the children of a deceased child**. The initial beneficiary has two children, but child 1 dies before the initial beneficiary. Child 1 has two children, i.e., grandchildren of the initial beneficiary. Both grandchildren are living when the initial beneficiary dies. A BCAPT is created for child 2 and each of the grandchildren. Child 2’s trust is funded with 1/2 of the assets in the trust on the initial beneficiary’s death. Grandchild 1 and Grandchild 2’s trusts are funded with 25% of the assets in the trust on the initial beneficiary’s death. - **Assets are divided unequally among the initial beneficiary’s children**. The initial beneficiary has three living children all of them are alive when the initial beneficiary dies. A BCAPT is created for each child. Child 1’s trust is funded with 50% of the assets in the trust on the initial beneficiary’s death. Child 2 and Child 3’s trusts are funded with 25% of the assets in the trust on the initial beneficiary’s death. - **One or more of the initial beneficiary’s children get nothing**. The initial beneficiary has three living children. A BCAPT is created for child 1 and child 2, but not for child 3. Child 1’s BACPT gets one-half of the assets in the trust on the initial beneficiary’s death. Child 2’s BACPT gets one half of the assets in the trust on the initial beneficiary’s death. Child 3 gets nothing. - **The initial beneficiary’s siblings get assets**. If the initial beneficiary dies without any descendants, then the assets in the trust on the initial beneficiary’s death go to BACPTs created for one or more of the initial beneficiary’s siblings named in the trust agreement. - **Third party or parties get assets**. If the initial beneficiary dies, the assets go to the American Red Cross or one or more unrelated people named in the trust agreement. - **Initial beneficiary determines who gets the assets**. The initial beneficiary has a power of appointment that give him or her the option to name who will become the future beneficiary or beneficiaries on the initial beneficiary’s death. If you instruct us to put this option in the trust agreement then you will be giving the initial beneficiary the power to alter your plan as to who will be a future beneficiary of the BCAPT. **Federal Gift Tax Implications** If the value of assets transferred to the trust exceeds $19,000, the trust maker(s) must file a federal gift tax return with the IRS and claim a credit for the gift tax applicable to the gift. When we are hired to prepare the BCAPT, our fee includes preparing a gift tax return. Assets whose fair market value cannot be determined easily and accurately by third-party verification, such as the value of stock sold on the stock exchange on the day of the gift to the trust, must be appraised by a qualified appraiser to establish the value of the asset given to the trust. The appraisal will be included with the federal gift tax return filed with the IRS to verify the value of the gift. You must pay the cost of any appraisals. **How to Hire the Keyts to Prepare a BCAPT Now or When You Die** We prepare beneficiary-controlled asset-protected trusts for $3,500 for the first trust and $1,000 for each additional trust. To hire us to prepare a BCAPT and complete and submit our [BCAPT questionnaire](https://www.arizona-wills.com/bcaptq/). If you want your BCAPTs to be created when you die, then hire us to prepare an estate plan with a revocable living trust. See the [contents and price of our estate plan with a revocable living trust](https://www.keytlaw.com/ep-contents/). If you have any questions about BCAPTs, wills, trusts, estate planning or our two estate plans call, text or email one of us. - [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt/) (Ricky, the son) call or text 480-664-7472 and rck@keytlaw.com or make a phone appointment with him using his [online calendar](https://www.keytlaw.com/calendar). - [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father) call or text 24/7 480-664-7478 and rk@keytlaw.com or make a appointment with him using his [online calendar](https://www.keytlaw.com/rk). ## **Warning for Arizona Residents** The State of Arizona has a law that specifies who inherits the assets of an Arizona resident who dies without a will or a trust. **This law may cause your assets to be inherited by the wrong person or people if you don’t have a will or a trust**. To learn who will inherit your assets if you die without a will or a trust see my article called “[Who Inherits Your Property If You Die without a Will or a Trust](https://www.arizona-wills.com/intestate-succession/)” and take my short online quiz called “[Who Inherits Your Property](https://www.arizona-wills.com/inherits/).” If the wrong person or people would inherit your assets, you need to hire us to prepare a will or a trust that leaves your assets to the person or people you want to inherit the assets, not to the people Arizona gives your property to. ## **Why You Need an Estate Plan with a Trust** See our article, “[15 Benefits of Having an Estate Plan with a Revocable Living Trust](https://www.keytlaw.com/benefits/).” Learn the [36 documents and services](https://www.keytlaw.com/ep-contents/) you will get if you hire us to prepare your estate plan with a revocable living trust. ## **Book a Free Consultation** The first step to protect your assets and ensure they go to your desired heir(s) is to book a free office, phone or Zoom video consultation with one of our estate planning attorneys. During this no-obligation meeting, they will answer your questions and design your estate plan. Make a free appointment with: - [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/) (Rick, the father) text or call 24/7 at 480-664-7478 or go to his [online calendar](https://www.keytlaw.com/rk). See Rick’s [virtual business card](https://poplme.co/hash/QB9KVu0Z/1/es). - [Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) (Ricky, the son) text or call at 480-664-7472 or go to his [online calendar](https://www.keytlaw.com/rck). ## **Steps to Hire Us** 1\. Have your free consultation with one of Keyts. 2\. Complete our online [estate plan questionnaire](https://www.keytlaw.com/epq). When you submit the questionnaire our system will send an email message to you and to us that contains all the information you entered into the questionnaire. 3\. Attend your free estate plan consultation. 4\. Come to our office to sign your documents before two witnesses and a notary. The total time from start to signed documents is one to two weeks. ## See the Contents of Our Estate Plan To protect your most valuable assets—your loved ones— read our article that describes the 36 [documents and services](https://www.keytlaw.com/ep-contents) you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch our [video about the documents and services](https://youtu.be/r92ZYHQWScU?si=ei9xC9k3tFIsDsxT). #### Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people. [ Book a Free Office, Phone or Zoom Video Meeting ](https://www.keytlaw.com/calendar) ### Call or email Richard Keyt, the father Direct phone: 480-664-7478 Email: rk@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-keyt) ### Call or email Richard C. Keyt, the son Direct phone: 480-664-7472 Email: rck@keytlaw.com [ See his bio ](https://www.keytlaw.com/richard-c-keyt) --- ### [Wills & Trusts Frequently Asked Questions](https://www.keytlaw.com/ep-faq/) **Published:** January 12, 2025 **Author:** Richard Keyt **Content:** # Wills & Trusts Frequently Asked Questions \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” status=”published” publish\_date=”” class=”” id=”” spacing\_medium=”” margin\_top\_medium=”” margin\_bottom\_medium=”” 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background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” render\_logics=”” sticky=”off” sticky\_devices=”small-visibility,medium-visibility,large-visibility” sticky\_offset=”” absolute=”off” absolute\_props=”” filter\_type=”regular” filter\_hover\_element=”self” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”true”\]\[fusion\_accordion type=”” inactive\_icon=”” active\_icon=”” margin\_top=”” margin\_bottom=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” class=”” id=”” boxed\_mode=”” border\_size=”1″ border\_color=”” hue=”” saturation=”” lightness=”” alpha=”” hover\_color=”” background\_color=”” divider\_line=”” divider\_hover\_color=”” divider\_color=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” title\_tag=”h4″ fusion\_font\_family\_title\_font=”” fusion\_font\_variant\_title\_font=”” title\_font\_size=”” title\_line\_height=”” title\_letter\_spacing=”” title\_text\_transform=”” title\_color=”#0033cc” icon\_size=”” icon\_color=”” icon\_boxed\_mode=”” icon\_box\_color=”” icon\_alignment=”” fusion\_font\_family\_content\_font=”” fusion\_font\_variant\_content\_font=”” content\_font\_size=”” content\_line\_height=”” content\_letter\_spacing=”” content\_text\_transform=”” content\_color=”#747474″ toggle\_hover\_accent\_color=”” toggle\_active\_accent\_color=”” parent\_dynamic\_content=””\]\[fusion\_toggle title=”What is a Will?” open=”no” awb-switch-editor-focus=”” class=”” id=”” fusion\_font\_family\_title\_font=”” fusion\_font\_variant\_title\_font=”” title\_font\_size=”” title\_line\_height=”” title\_letter\_spacing=”” title\_text\_transform=”” title\_color=”#0033cc” hue=”” saturation=”” lightness=”” alpha=”” fusion\_font\_family\_content\_font=”” fusion\_font\_variant\_content\_font=”” content\_font\_size=”” content\_line\_height=”” content\_letter\_spacing=”” content\_text\_transform=”” content\_color=”#747474″\] A will is a document where you say who gets what and who makes that happen. Someone named in a will to receive your assets is called an heir or beneficiary, and the person put in charge of making that happen is called a personal representative or an executor. It’s important to note, though, that wills do not apply to assets where you have a surviving joint owner of that asset or to assets where you have a living beneficiary designated. For example, on retirement accounts and life insurance, if you have a spouse named and then your children, then that asset will be payable directly to the living beneficiary whose name is separate from what a will says. If you have a will, and a will is critical for your estate plan, you need to make sure that it’s in sync with everything owned jointly and also everything where you have a beneficiary named to make sure it all is working together according to your wishes. Also, for any property passing under the will, it’s important to note that that will has to be filed with a probate court after your death and reviewed and approved before anyone named in the will, the personal representative can act on your behalf, gather your assets, pay any creditors who might be owed money, and then ultimately distribute the assets to your heirs. A will is a document that does have to go through probate, a common myth we run across. People think that a will is a magical document that covers every estate planning scenario, but it doesn’t. It’s critical, and you need it, but you need to make sure that you understand it goes through probate before it is effective, and that is a will. \[/fusion\_toggle\]\[fusion\_toggle title=”What is an estate plan?” open=”no” awb-switch-editor-focus=”” class=”” id=”” fusion\_font\_family\_title\_font=”” fusion\_font\_variant\_title\_font=”” title\_font\_size=”” title\_line\_height=”” title\_letter\_spacing=”” title\_text\_transform=”” title\_color=”#0033cc” hue=”” saturation=”” lightness=”” alpha=”” fusion\_font\_family\_content\_font=”” fusion\_font\_variant\_content\_font=”” content\_font\_size=”” content\_line\_height=”” content\_letter\_spacing=”” content\_text\_transform=”” content\_color=”#747474″\] An estate plan is a plan that comprehensively covers a lot of contingencies beyond just who inherits your assets. Who gets what is definitely an important question, but it’s only one piece of the puzzle. Estate planning covers also incapacity and disability. Who is making sure that your bills are paid and your assets are being managed if you can’t do that? Who is making medical decisions for you, and who can talk to your doctors just to find out how you’re doing? So, an estate plan covers that piece. It also covers guardianship. If you’re parents of a minor child, you want to make sure that you’ve got the short-term emergency situation covered, who can be with your children overnight or for a short period if you need help, and then also who would raise them. That’s long-term guardianship. An estate plan covers that piece, and of course, as I mentioned, an estate plan covers who gets what. You might use a will to say that. You might use a trust. Check out our FAQs on what is a will and what is a trust to learn more about those. But, the important thing to note is that an estate plan is a comprehensive plan. It covers a lot of pieces, from incapacity and disability to passing away to what happens long after that. If you’ve got a child who needs assets, someone else in charge of assets for them until they’re mature. What does that look like and how does that happen? And also, the legacy component of estate planning really cannot be underestimated. Your family is going to remember you by the videos you leave behind, by letters you write, not by the bland legal documents. We need those and they need to be excellently drafted, which we do, but they’re really going to care about a video or a letter or audio or photographs, that kind of thing. And so, the legacy component is just as important, in our opinion, as the legal documents. So, an estate plan covers all of those aspects. \[/fusion\_toggle\]\[fusion\_toggle title=”Do I need more than a will?” open=”no” awb-switch-editor-focus=”” class=”” id=”” fusion\_font\_family\_title\_font=”” fusion\_font\_variant\_title\_font=”” title\_font\_size=”” title\_line\_height=”” title\_letter\_spacing=”” title\_text\_transform=”” title\_color=”#0033cc” hue=”” saturation=”” lightness=”” alpha=”” fusion\_font\_family\_content\_font=”” fusion\_font\_variant\_content\_font=”” content\_font\_size=”” content\_line\_height=”” content\_letter\_spacing=”” content\_text\_transform=”” content\_color=”#747474″\] The short answer, honestly, is yes. A will says who gets what, but that’s not the only question when it comes to estate planning. Estate planning covers what if you’re incapacitated or disabled, who’s in charge of your assets and your medical decisions or your minor children? If you’re a parent of minors, who’s caring for them during that time, and then ultimately, who would be raising them if something were to happen? So, you need more than a will. Every adult in Arizona and any state needs a power of attorney that states who is in charge of your assets if you are incapacitated and who’s in charge of your medical decision-making if you cannot communicate with your doctor. You need a living will that instructs your doctor to pull the plug if you are brain-dead on life support. You also need a HIPAA authorization that names people who can talk to your doctors so that your family members and loved ones can know how you’re doing. And you need all of that in addition to a will. Whether you need a will and a trust is a separate question, but definitely, a will alone doesn’t cover all of your estate planning needs. Also, if you’re a parent of minor children, you’d want the guardianship completely covered. Short-term guardianship for an emergency situation. Long-term guardianship, who would raise your children? Emergency wallet cards to make sure the information about your estate plan is immediately available in an emergency. A letter to your children, a letter to their guardian, just so that they know things you would want them to know if you need to write something down, if your children are very young, or if a guardian would want some advice from you about what to do. That is a way to supplement just a will to make sure that everyone knows ultimately your wishes, your values, and your stories to pass down. \[/fusion\_toggle\]\[fusion\_toggle title=”What is a Living Will?” open=”no” awb-switch-editor-focus=”” class=”” id=”” fusion\_font\_family\_title\_font=”” fusion\_font\_variant\_title\_font=”” title\_font\_size=”” title\_line\_height=”” title\_letter\_spacing=”” title\_text\_transform=”” title\_color=”#0033cc” hue=”” saturation=”” lightness=”” alpha=”” fusion\_font\_family\_content\_font=”” fusion\_font\_variant\_content\_font=”” content\_font\_size=”” content\_line\_height=”” content\_letter\_spacing=”” content\_text\_transform=”” content\_color=”#747474″\] A Living Will sometimes gets confused with a Last Will that says who gets your assets after you die. A Living Will applies while you’re still alive. So, if you are in a situation where you are terminally and irreversibly ill or injured. You’re unable to communicate, and you’re on life support, your Living Will clarifies at what time, after what number of days, would you want to be taken off life support. So, that could be three days, or five days, or seven days, it’s totally up to you. But the idea is that you’ve thought about it ahead of time. You’ve put it in writing so that way, if your family does find that they’re in that situation with you and they want to know what you would do, then you clarify in your Living Will what you would do. After that number of days, if there’s no improvement seen, they’ll take you off life support. And the nice thing about that is family members differ on what they think that person would want, and so somebody might say three days whereas somebody else might say seven days, and you’ve got family conflict. Whereas, if you just decide ahead of time that five days is right for you or whatever you decide, the idea is that you have taken the time to think through it, put it in writing, and then your family knows that’s precisely what you would want. \[/fusion\_toggle\]\[fusion\_toggle title=”What if you pass away without a will?” open=”no” awb-switch-editor-focus=”” class=”” id=”” fusion\_font\_family\_title\_font=”” fusion\_font\_variant\_title\_font=”” title\_font\_size=”” title\_line\_height=”” title\_letter\_spacing=”” title\_text\_transform=”” title\_color=”#0033cc” hue=”” saturation=”” lightness=”” alpha=”” fusion\_font\_family\_content\_font=”” fusion\_font\_variant\_content\_font=”” content\_font\_size=”” content\_line\_height=”” content\_letter\_spacing=”” content\_text\_transform=”” content\_color=”#747474″\] So if you pass away with no will in place, the law of your state of residency determines who will inherit your assets. So state law dictates who gets what if you haven’t clarified in a will or a trust who your heirs and beneficiaries are. State law tends to follow kind of what you might expect people to choose. A surviving spouse is the primary heir, and then children after that. If there are no spouse or children living, then your assets goes to your parents. And if your parents are deceased then everything goes to your siblings, and nieces, and nephews, until someone is available to receive your estate. But it can get really tricky, if you have a blended family, or either you or the surviving spouse have children from a different relationship. Because the numbers get a little tricky, and don’t just go flat out 100%, or in equal shares in that case. So even though Arizona law does fill in the gaps to make sure that people who are close to you receive your estate, it might be different from what you would want. And it also doesn’t clarify who is in charge of the assets left to a minor or an incapacitated beneficiary. So, state law is really just following the family tree, but really doesn’t do a whole lot more than that to make sure that those who do receive your assets receive them in a way that you would want, and maybe at specific ages along the way that you would want. So, if you die without a will, state laws fills in the gaps. But even then it is important to make sure that your plan is laid out, in writing, so you decide who inherits your assets, not the law of your state of residence. \[/fusion\_toggle\]\[/fusion\_accordion\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Mesa, AZ Wills Lawyers](https://www.keytlaw.com/mesa-az-wills-lawyers/) **Published:** November 25, 2024 **Author:** Richard Keyt **Content:** # Mesa, AZ Wills Lawyers \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” status=”published” publish\_date=”” class=”” id=”” spacing\_medium=”” margin\_top\_medium=”” margin\_bottom\_medium=”” spacing\_small=”” margin\_top\_small=”” margin\_bottom\_small=”” margin\_top=”” margin\_bottom=”” padding\_dimensions\_medium=”” padding\_top\_medium=”” padding\_right\_medium=”” padding\_bottom\_medium=”” padding\_left\_medium=”” padding\_dimensions\_small=”” padding\_top\_small=”” padding\_right\_small=”” padding\_bottom\_small=”” padding\_left\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” link\_hover\_color=”” link\_color=”” border\_sizes=”” border\_sizes\_top=”” border\_sizes\_right=”” border\_sizes\_bottom=”” border\_sizes\_left=”” border\_color=”” border\_style=”solid” border\_radius\_top\_left=”” border\_radius\_top\_right=”” border\_radius\_bottom\_right=”” border\_radius\_bottom\_left=”” box\_shadow=”no” box\_shadow\_vertical=”” box\_shadow\_horizontal=”” 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background\_blend\_mode=”none” background\_slider\_images=”” background\_slider\_position=”” background\_slider\_skip\_lazy\_loading=”no” background\_slider\_loop=”yes” background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” video\_mp4=”” video\_webm=”” video\_ogv=”” video\_url=”” video\_aspect\_ratio=”16:9″ video\_loop=”yes” video\_mute=”yes” video\_preview\_image=”” pattern\_bg=”none” pattern\_custom\_bg=”” pattern\_bg\_color=”” pattern\_bg\_style=”default” pattern\_bg\_opacity=”100″ pattern\_bg\_size=”” pattern\_bg\_blend\_mode=”normal” mask\_bg=”none” mask\_custom\_bg=”” mask\_bg\_color=”” mask\_bg\_accent\_color=”” mask\_bg\_style=”default” mask\_bg\_opacity=”100″ mask\_bg\_transform=”left” mask\_bg\_blend\_mode=”normal” render\_logics=”” logics=”” absolute=”off” absolute\_devices=”small,medium,large” sticky=”off” sticky\_devices=”small-visibility,medium-visibility,large-visibility” sticky\_background\_color=”” sticky\_height=”” sticky\_offset=”” sticky\_transition\_offset=”0″ scroll\_offset=”0″ animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″\]\[fusion\_builder\_row\]\[fusion\_builder\_column type=”1\_1″ layout=”1\_1″ align\_self=”auto” content\_layout=”column” align\_content=”flex-start” valign\_content=”flex-start” content\_wrap=”wrap” spacing=”” center\_content=”no” column\_tag=”div” link=”” target=”\_self” link\_description=”” min\_height=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” type\_medium=”” type\_small=”” flex\_grow\_medium=”” flex\_grow\_small=”” flex\_grow=”” flex\_shrink\_medium=”” flex\_shrink\_small=”” flex\_shrink=”” order\_medium=”0″ order\_small=”0″ dimension\_spacing\_medium=”” dimension\_spacing\_small=”” dimension\_spacing=”” dimension\_margin\_medium=”” dimension\_margin\_small=”” margin\_top=”” margin\_bottom=”” padding\_medium=”” padding\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” hover\_type=”none” border\_sizes=”” border\_color\_hover=”” border\_color=”” border\_style=”solid” border\_radius=”” box\_shadow=”no” dimension\_box\_shadow=”” box\_shadow\_blur=”0″ box\_shadow\_spread=”0″ box\_shadow\_color=”” box\_shadow\_style=”” z\_index\_hover=”” z\_index=”” overflow=”” background\_type=”single” background\_color\_medium=”” background\_color\_small=”” background\_color\_medium\_hover=”” background\_color\_small\_hover=”” background\_color\_hover=”” background\_color=”” gradient\_start\_color=”” gradient\_end\_color=”” gradient\_start\_position=”0″ gradient\_end\_position=”100″ gradient\_type=”linear” radial\_direction=”center center” linear\_angle=”180″ background\_image\_medium=”” background\_image\_small=”” background\_image=”” background\_image\_id\_medium=”” background\_image\_id\_small=”” background\_image\_id=”” lazy\_load=”none” skip\_lazy\_load=”” background\_position\_medium=”” background\_position\_small=”” background\_position=”left top” background\_repeat\_medium=”” background\_repeat\_small=”” background\_repeat=”no-repeat” background\_size\_medium=”” background\_size\_small=”” background\_size=”” background\_custom\_size=”” background\_custom\_size\_medium=”” background\_custom\_size\_small=”” background\_blend\_mode\_medium=”” background\_blend\_mode\_small=”” background\_blend\_mode=”none” background\_slider\_images=”” background\_slider\_position=”” background\_slider\_skip\_lazy\_loading=”no” background\_slider\_loop=”yes” background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” render\_logics=”” sticky=”off” sticky\_devices=”small-visibility,medium-visibility,large-visibility” sticky\_offset=”” absolute=”off” absolute\_props=”” filter\_type=”regular” filter\_hover\_element=”self” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”true”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\]It’s easy to put off thinking about what would happen to your loved ones if you weren’t there to protect them, but avoiding the conversation can leave them vulnerable. Our team at KEYTLaw understands this isn’t an easy topic, and thinking about it can feel overwhelming for many people. However, securing your family’s future doesn’t have to be stressful. We make it easy, accessible, and comfortable for you to talk to someone you can trust. Taking the time now to plan for the future is an act of love and responsibility. Life is unpredictable, and it’s never too early to ensure that your wishes are clear and that your family is protected. Our Mesa wills lawyers at KEYTLaw are ready to help you every step of the way, offering not simply legal advice but genuine peace of mind. Give us a call to [arrange your free consultation](https://www.keytlaw.com/) and learn about how we can help you safeguard your legacy and the future of your family. [![Mesa Wills Lawyers](https://www.keytlaw.com/wp-content/uploads/2024/11/mesa-wills-lawyer.jpg "Vintage,/,Retro,Style,:,Fountain,Pen,And,A,Last - KEYTLaw")](https://www.keytlaw.com/wp-content/uploads/2024/11/mesa-wills-lawyer.jpg) **Why Creating a Will is Essential** A will represents more than just legal paperwork—it’s your voice for the future, expressing your desires for how your assets and responsibilities should be managed after you’re gone. Without a properly executed will, Arizona state laws could determine the distribution of your estate, potentially conflicting with your intentions. This might result in unnecessary family conflicts and legal challenges. By establishing a will, you can: - Direct the distribution of your assets with certainty - Name guardians for your minor children - Detail your final wishes and arrangements - Reduce potential legal complications Our Mesa wills lawyers bring more than 50 years of combined experience helping families navigate these important decisions. We understand the weight of these choices and remain committed to supporting you throughout the process. **Your Trusted Estate Planning Guides: Simple, Tailored, and Responsive** At KEYTLaw, we believe will creation should be straightforward and stress-free. We eliminate complicated legal jargon and formal procedures with our clear, simple approach. Our services are tailored to meet the individual requirements of every family. Let us help you develop the strategy that will give you confidence, whether you’re a new parent planning for their children’s future, a senior who wants to establish their heritage, or somewhere in the middle. Our commitment to you includes: - ******Individual Focus:** We invest time to fully grasp your specific circumstances and aims.**** - **Simple Language:** We explain your choices without complex legal vocabulary. - **Ready Support:** We’re available to handle any questions you have, regardless of scope. **How Our Mesa Wills Lawyers Can Help You** Making a will extends beyond distributing assets to ensuring the safety of your family. Our KEYTLaw team is prepared to walk you through each phase of the process: - **Free Initial Consultation:** Begin your journey with a no-cost meeting where we attentively listen to your concerns, thoroughly explain our process, and address all your questions with clarity. - **Custom Drafting:** Our collaborative approach ensures your will perfectly reflects your personal values, wishes, and family dynamics through careful, individualized drafting. - **Periodic Reviews:** Understanding that life evolves, we provide regular review services to keep your will current and aligned with your changing circumstances and goals. - **Full Estate Planning:** Beyond wills, we offer comprehensive estate planning solutions, including [trusts](https://www.nolo.com/legal-encyclopedia/arizona-make-a-living-trust-31719.html), powers of attorney, and healthcare directives, to create a complete protection strategy. **Call KEYTLaw To Book Your Appointment** We are Richard Keyt and Richard C Keyt (father and son), Arizona estate planning attorneys, who assist our clients in all facets of estate planning and probate law. We are passionate about protecting the future of our clients’ families and committed to providing caring, thorough, and quality representation. You don’t want the fate of your children and grandchildren to be left to chance. Request a free, no-obligation consultation today. We’ll create an estate plan for you so that your family can be protected and your desires executed. Don’t wait—[call KEYTLaw now](https://www.keytlaw.com/contact/)! **Frequently Asked Questions About Wills** **What happens if I pass away without a will in Arizona?** Without a will, Arizona’s intestate succession laws determine the distribution of your assets. This state-mandated division may not reflect your personal wishes or family dynamics. Creating a will ensures your specific intentions are honored and minimizes potential family disagreements during an already difficult time. **Does my will ever need to be updated?** Yes. We recommend reviewing your will every 3-5 years, or whenever significant life changes occur. These changes might include marriage, childbirth, divorce, the loss of a loved one, or substantial changes in your financial situation. Regular updates ensure your will continues to serve its intended purpose. **Should I include digital assets in my will?** Absolutely. Modern wills can encompass digital assets including online banking accounts, social media profiles, digital photographs, and cryptocurrency holdings. Our experienced legal team ensures comprehensive coverage of both traditional and digital assets according to your specifications. \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Glendale, AZ Trust Lawyers](https://www.keytlaw.com/glendale-az-trust-lawyers/) **Published:** August 22, 2024 **Author:** Richard Keyt **Content:** # Glendale, AZ Trust Lawyers \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” status=”published” 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transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”true”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] If you have been thinking about creating an estate plan for your family in case something happens to you, the good news is that it is never too late—until it is. The truth is that none of us knows what the future holds or when we will no longer be able to care for our loved ones. Though we may never want to think about the possibility of our own demise, the reality is that it will happen to all of us. Given this certainty, wouldn’t it be better to plan ahead and protect the people you care about than to let them deal with the emotional and financial consequences of not planning? Making a plan for the future well-being of people you love is one of the most selfless things you can do for them. The best time to make that plan is now, and the best way to get started is by contacting our Glendale trust lawyers at [KEYTLaw](https://www.keytlaw.com/). To get your estate plan started, make a free, no-obligation [office, phone or Zoom video meeting](https://www.keytlaw.com/calendar) to get answers to your questions and design a custom estate plan. [![Glendale Trust Lawyers](https://www.keytlaw.com/wp-content/uploads/2024/08/glendale-trust-lawyer.jpg "House,With,Money.,Concept,Of,Finance,Or,Refinance,Real,Estate. - KEYTLaw")](https://www.keytlaw.com/wp-content/uploads/2024/08/glendale-trust-lawyer.jpg) **What Is a Trust?** A trust is a legal arrangement that allows you, the grantor, to transfer ownership of your property to a third party, the trustee, who in turn holds the property for the benefit of those you name in the trust, or beneficiaries. The trustee manages the property for the benefit of the beneficiaries according to the terms of the trust, as you have set forth. **The Benefits of Establishing a Trust** Trusts offer many advantages that other estate planning tools cannot. Here are some of the main ones: 1. They can help your family avoid the time, expense, and stress of probate court. Your estate can be settled quickly and easily without the delay and expense of going to court, or hiring an attorney. 2. A trust can provide valuable benefits such as estate tax savings and protection from creditors. By transferring ownership of the property to the trustee, it is no longer considered part of your estate, offering added security for your family. 3. Finally, trusts can help you protect your assets for your family and ensure that they are passed down to your intended heirs, as you have directed. You can specify how you want your assets to be divided among your heirs, under what conditions, and for what purpose. Trusts offer tremendous flexibility and control over the distribution of your estate. **Basic Types of Trusts** There is a wide variety of trusts, each with its own specific purpose and objectives. These include charitable trusts, special needs trusts, conditional trusts, and more. If you need a trust to fit your specific situation, our Glendale trust lawyers can help you select one that best meets your needs. Regardless of the type you select, all trusts can be classified as either irrevocable or revocable. **Revocable Trusts**: A revocable trust allows you to amend or revoke it at any time before your death. Because life circumstances change, a revocable trust can be changed to meet your current needs. Virtually every type of trust can be created as a revocable trust, and virtually any change can be made to a revocable trust at any time, such as adding or removing beneficiaries, changing the trustee, or changing the trust’s terms. The advantage of a revocable trust is the flexibility it provides. The primary disadvantage of a revocable trust, however, is that, because the trust is revocable, the assets are technically still in your name, and thus subject to attack from your creditors. **Irrevocable Trusts:** An irrevocable trust is a trust that cannot be changed once it is created. The terms stipulated in the trust must be thought out carefully in advance, because once the trust is created, it cannot be changed. This is a disadvantage, especially if your life circumstances change after the trust is created. The main advantage of an irrevocable trust is that the assets are not subject to your creditors. If the trust is properly drafted, the trust assets will be protected from creditors and lawsuits. The later on in life that you create a trust, the less likely it is that your life circumstances will change or your trust will need to be altered, so an irrevocable trust will be a better option. **Trust KEYTLaw’s Experienced Glendale Trust Lawyers With Your Estate Planning Needs** When it comes to creating a trust, our Glendale trust lawyers at KEYTLaw can help you choose the right option for you and your family. We will take the time to meet with you, discuss the benefits of each type of trust, and help you create a trust that is best for your situation. We have been helping families in Arizona with their trust and estate planning needs for more than 23 years, and we can help you too! We make the process of creating a trust easy, and we will take the time to answer all of your questions. We believe in being upfront and honest with our clients about every aspect of creating a trust, including the cost. The initial call is free, at which time we can discuss any questions or concerns you may have about the process, and explain how we can help. We are confident in our ability to provide you with the highest quality of legal services at a reasonable cost. Book a free [office, phone or Zoom video meeting](https://www.keytlaw.com/calendar/) with one of our estate planning attorneys to get answers to your questions and design a custom estate plan. \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Glendale, AZ Estate Planning Lawyers](https://www.keytlaw.com/glendale-az-estate-planning-lawyers/) **Published:** August 22, 2024 **Author:** Richard Keyt **Content:** # Glendale, AZ Estate Planning Lawyers \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” 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transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”true”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] Creating an estate plan is one of those ‘”must dos” in life; everyone knows that they need to do it, but very few follow through. It is much like the decision to learn how to play a musical instrument or to learn to speak a foreign language that most of us never quite get around to, despite our best intentions. However, the impact of not being able to play the right guitar chords or order a pastry in French is relatively minor compared to the potential consequences of leaving your family to navigate the aftermath of your death or incapacity without a clear plan in place. If you die without an estate plan, your assets may be distributed based on the intestacy laws of the state, and subjected to probate court, which can result in significant expenses, added stress, and lengthy delays. In addition, your family will experience additional emotional and financial strain as a result of having to handle your affairs while mourning your loss. By making an estate plan, you show your family and friends that you love and care about them and want to make sure they are taken care of properly after you die. The good news is that estate planning is much easier than you’d think with the right law firm helping you, but even if it weren’t, isn’t your family worth it? To get your estate plan started, make a [free, no-obligation office, phone or Zoom video meeting](https://www.keytlaw.com/calendar) to learn about the different options available to you. [![Glendale Estate Planning Lawyers](https://www.keytlaw.com/wp-content/uploads/2024/08/glendale-estate-planning-lawyer.jpg "Woman,Selecting,And,Arranging,Wooden,House,Models,,Concept,Of,Real - KEYTLaw")](https://www.keytlaw.com/wp-content/uploads/2024/08/glendale-estate-planning-lawyer.jpg) **What Does An Estate Plan Involve?** Estate planning can be as simple or as involved as you want it to be. You can have an estate plan involving a will and a durable power of attorney, or you can have a more complex estate plan with various trusts and other legal documents. It all depends on your goals, the size and complexity of your assets, and your family structure. If you have more sizable assets, own a business, or have a variety of investment accounts, your estate plan will be more complex and require multiple legal documents to ensure that everything is handled properly. **Estate Planning Tools and Strategies** Here are a few important documents that should be included in your plan and are essential for estate planning. - **A will:** You can use a will to name who gets what property, who will handle the estate (an executor), what to do with money owed to you at the time of your death, and even who may inherit property upon someone else’s death. You will want to include instructions about whom you wish to care for your minor children in the event of your death, who should take care of your pets, or even what should be done with your digital assets, such as your social media accounts, online storage accounts, and any other internet-based assets belonging to you. - **A power of attorney**: A power of attorney is a legal document that authorizes someone to make decisions on your behalf about your medical care, your finances, or your property if you are unable to do so. This can be someone close to you that you trust, like your spouse, or your child. The power of attorney might give broad discretion or may be more limited in scope. - **A trust**: Trusts play a vital role in estate planning, serving multiple purposes. Through the use of a trust, you (the grantor) names a person or organization as a trustee to administer trust assets and distribute them to your specified beneficiaries. Giving assets in this manner avoids probate, keeping your affairs private. Trusts also protect your assets from creditors and provide limited tax relief, since you no longer “own” the assets in the trust. Lastly, when it comes to distributing assets, trusts offer control and flexibility that few other estate planning tools can. - ******25 Documents & Services**: We prepare all your documents, such as wills and trusts, healthcare directives such as living wills and powers of attorney, so nothing is overlooked. Read about the [25 documents & services](https://keytlaw.com/ep-contents) you get if we prepare your estate plan or watch our [video explanation of the contents](https://youtu.be/r92ZYHQWScU?si=OFQt-lzTsYVquch0).**** **KEYTLaw, LLC. – Let Us Put Our Experience To Work For You!** As with everything, the more you do it, the better you get at it. At KEYTLaw, we have been doing estate planning for decades and are not ashamed to admit that we have gotten pretty good at it! You may be tempted to try to handle your estate planning on your own, but the truth is, it is not as easy as it seems without legal experience. We just make it look that way! Our Glendale estate planning lawyers are dedicated to giving you the best possible individualized legal services so that your estate plan is customized to meet your specific needs. Over time, as your estate plans evolve and life circumstances change, you can count on our continued support to help you keep your plan current and up-to-date. There is a great sense of satisfaction in having done the right thing for your family. We can provide you with the confidence that your family will be protected and that your estate plan will do everything that you intend for it to do. We encourage you to [visit our website](https://www.keytlaw.com/) and discover the multitude of positive reviews we have received throughout the years, along with the extensive range of services we offer to our valued clients. Give us a call today to schedule a free initial consultation and allow our Glendale estate planning lawyers the privilege of putting our experience to work for you. \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Scottsdale, AZ Estate Planning Lawyers](https://www.keytlaw.com/scottsdale-az-estate-planning-lawyers/) **Published:** August 27, 2024 **Author:** Richard Keyt **Content:** # Scottsdale, AZ Estate Planning Lawyers \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” 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background\_slider\_images=”” background\_slider\_position=”” background\_slider\_skip\_lazy\_loading=”no” background\_slider\_loop=”yes” background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” render\_logics=”” sticky=”off” sticky\_devices=”small-visibility,medium-visibility,large-visibility” sticky\_offset=”” absolute=”off” absolute\_props=”” filter\_type=”regular” filter\_hover\_element=”self” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”true”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] A lot of people procrastinate when it comes to estate planning. They often feel like they have plenty of time, have been too busy to start, or want to wait until they have more money. However, this is something that you and your family can’t afford to put off any longer! Not having a proper estate plan in place means that your loved ones won’t be taken care of and your assets will be left at the mercy of the state’s intestate succession laws. This is why you need to contact the Scottsdale estate planning lawyers at KEYTLaw today to help protect your family and make sure that your wishes are followed. During your [free, no-obligation office, phone or Zoom video meeting](https://www.keytlaw.com/calendar) we will answer your questions and evaluate your estate planning needs to see what you can do to ensure that your family is safeguarded and your wishes are respected. Reach out to us today to see how we can help! [![Scottsdale Estate Planning Lawyers](https://www.keytlaw.com/wp-content/uploads/2024/08/scottsdale-az-estate-planning-az.jpg "Red,Umbrella,Cover,Home,Model,On,Wooden,Table,With,White - KEYTLaw")](https://www.keytlaw.com/wp-content/uploads/2024/08/scottsdale-az-estate-planning-az.jpg) **Isn’t a Will Enough? Understanding Comprehensive Estate Plans** There is a common misconception surrounding estate planning that having a will is sufficient to guide what happens after one’s passing. However, a comprehensive estate plan encompasses various essential documents that cover different aspects of your life and the things you own. Here’s what is typically required to make sure all the bases are covered: - **Revocable Living Trust:** This “kitchen sink” trust protects assets from creditors and ex-spouses for the rest of your life, distributes assets after your death, and allows for the inclusion of provisions for beneficiaries who are disabled. - **Deed to Transfer Home to Trust:** This ensures that your primary residence is titled within the trust, streamlining the transfer at your death. - **Last Will & Testament**: Deals with the distribution of property not included in the trust and designation of guardians for minor children. - **Healthcare Power of Attorney:** Gives named individuals the power to make medical decisions if they cannot. - **Living Will:** Gives instructions for end-of-life care, such as whether to withhold or withdraw life support (e.g., ventilation) when considered futile. - **Financial Power of Attorney:** Authorizes someone to manage your financial affairs if you cannot. - **Personal Property Memorandum:** Itemises who gets which of your chattels (from jewelry to art) where. - **Digital Copies of Documents:** Files that can be easily referenced and copied to the right people. A good estate plan will ensure that everything in your life and everything you have is taken care of exactly as you want it to be, without the stress of legal battles or burdening loved ones with those decisions. **What Our Scottsdale Estate Planning Lawyers Can Do for You** Scottsdale estate planning lawyers Richard Keyt and Richard C. Keyt (father and son) at KEYTLaw have more than 50 years of combined experience and have drafted 1,000+ estate plans tailored to our clients’ specific wishes and objectives! We provide: **Free Consultations**: We begin with the complimentary, no-obligation phone, office or Zoom video meeting to determine your needs and answer your estate plan questions. **Simple Estate Planning Solutions**: Your assets are too valuable to leave to chance. We help you navigate the complexities of providing for your family and minimize expenses and taxes. **Ongoing Support**: Estate planning is not a one-time event. If your life circumstances change, we can help you update your estate plan to make sure it continues to serve your needs. **Full Document Preparation**: We prepare all your documents, such as wills and trusts, healthcare directives such as living wills and powers of attorney, so nothing is overlooked. Read about the [25 documents & services](https://keytlaw.com/ep-contents) you get if we prepare your estate plan or watch our [video explanation of the contents](https://youtu.be/r92ZYHQWScU?si=OFQt-lzTsYVquch0). **Educational Materials and Resources**: We offer educational materials and resources to enhance your understanding of the necessity for estate planning and to assist you in making informed choices. **Allow KEYTLaw to Help You Protect Your Family and Continue Your Legacy** At KEYTLaw, estate planning is about protecting your family’s future, not just managing assets. Rick and Ricky Keyt, a father-and-son team in Scottsdale, have dedicated their careers to helping clients safely transfer their wealth and values. With top ratings from Avvo.com and recognition as leading estate planning attorneys in Arizona, they’ve crafted hundreds of personalized estate plans. Don’t leave your family’s future to chance—[schedule a free office, phone or Zoom video meeting](https://www.keytlaw.com/calendar) today and let KEYTLaw preserve your legacy. \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Scottsdale, AZ Wills Lawyers](https://www.keytlaw.com/scottsdale-az-wills-lawyers/) **Published:** September 17, 2024 **Author:** Richard Keyt **Content:** # Scottsdale, AZ Wills Lawyers \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” status=”published” publish\_date=”” class=”” id=”” spacing\_medium=”” margin\_top\_medium=”” margin\_bottom\_medium=”” spacing\_small=”” margin\_top\_small=”” margin\_bottom\_small=”” margin\_top=”” margin\_bottom=”” padding\_dimensions\_medium=”” padding\_top\_medium=”” padding\_right\_medium=”” padding\_bottom\_medium=”” padding\_left\_medium=”” padding\_dimensions\_small=”” padding\_top\_small=”” padding\_right\_small=”” padding\_bottom\_small=”” padding\_left\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” link\_hover\_color=”” link\_color=”” border\_sizes=”” border\_sizes\_top=”” border\_sizes\_right=”” border\_sizes\_bottom=”” border\_sizes\_left=”” border\_color=”” border\_style=”solid” border\_radius\_top\_left=”” border\_radius\_top\_right=”” border\_radius\_bottom\_right=”” border\_radius\_bottom\_left=”” box\_shadow=”no” box\_shadow\_vertical=”” box\_shadow\_horizontal=”” 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background\_blend\_mode=”none” background\_slider\_images=”” background\_slider\_position=”” background\_slider\_skip\_lazy\_loading=”no” background\_slider\_loop=”yes” background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” video\_mp4=”” video\_webm=”” video\_ogv=”” video\_url=”” video\_aspect\_ratio=”16:9″ video\_loop=”yes” video\_mute=”yes” video\_preview\_image=”” pattern\_bg=”none” pattern\_custom\_bg=”” pattern\_bg\_color=”” pattern\_bg\_style=”default” pattern\_bg\_opacity=”100″ pattern\_bg\_size=”” pattern\_bg\_blend\_mode=”normal” mask\_bg=”none” mask\_custom\_bg=”” mask\_bg\_color=”” mask\_bg\_accent\_color=”” mask\_bg\_style=”default” mask\_bg\_opacity=”100″ mask\_bg\_transform=”left” mask\_bg\_blend\_mode=”normal” render\_logics=”” logics=”” absolute=”off” absolute\_devices=”small,medium,large” 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link\_description=”” min\_height=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” type\_medium=”” type\_small=”” flex\_grow\_medium=”” flex\_grow\_small=”” flex\_grow=”” flex\_shrink\_medium=”” flex\_shrink\_small=”” flex\_shrink=”” order\_medium=”0″ order\_small=”0″ dimension\_spacing\_medium=”” dimension\_spacing\_small=”” dimension\_spacing=”” dimension\_margin\_medium=”” dimension\_margin\_small=”” margin\_top=”” margin\_bottom=”” padding\_medium=”” padding\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” hover\_type=”none” border\_sizes=”” border\_color\_hover=”” border\_color=”” border\_style=”solid” border\_radius=”” box\_shadow=”no” dimension\_box\_shadow=”” box\_shadow\_blur=”0″ box\_shadow\_spread=”0″ box\_shadow\_color=”” box\_shadow\_style=”” z\_index\_hover=”” z\_index=”” overflow=”” background\_type=”single” background\_color\_medium=”” background\_color\_small=”” background\_color\_medium\_hover=”” background\_color\_small\_hover=”” background\_color\_hover=”” background\_color=”” gradient\_start\_color=”” gradient\_end\_color=”” gradient\_start\_position=”0″ gradient\_end\_position=”100″ gradient\_type=”linear” radial\_direction=”center center” linear\_angle=”180″ background\_image\_medium=”” background\_image\_small=”” background\_image=”” background\_image\_id\_medium=”” background\_image\_id\_small=”” background\_image\_id=”” lazy\_load=”none” skip\_lazy\_load=”” background\_position\_medium=”” background\_position\_small=”” background\_position=”left top” background\_repeat\_medium=”” background\_repeat\_small=”” background\_repeat=”no-repeat” background\_size\_medium=”” background\_size\_small=”” background\_size=”” background\_custom\_size=”” background\_custom\_size\_medium=”” background\_custom\_size\_small=”” background\_blend\_mode\_medium=”” background\_blend\_mode\_small=”” background\_blend\_mode=”none” background\_slider\_images=”” background\_slider\_position=”” background\_slider\_skip\_lazy\_loading=”no” background\_slider\_loop=”yes” background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” render\_logics=”” sticky=”off” sticky\_devices=”small-visibility,medium-visibility,large-visibility” sticky\_offset=”” absolute=”off” absolute\_props=”” filter\_type=”regular” filter\_hover\_element=”self” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”true”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\]Planning for the future, especially when it comes to end-of-life arrangements, is something many people tend to avoid. It’s no surprise that less than one-third of individuals have taken the time to create an estate plan. However, without a will, state laws dictate who inherits your assets and how your property is distributed, which might not reflect your wishes. A will is a fundamental component of any estate plan. A well-drafted will ensures that your loved ones are cared for if anything happens to you. At KEYTLaw, we create comprehensive estate plans that provide peace of mind. With over 50 years of combined estate planning experience and hundreds of estate plans executed, we have helped numerous clients in Scottsdale achieve their estate planning goals. Contact our Scottsdale wills lawyers today for a[ free consultation](https://www.keytlaw.com/contact/). [![Scottsdale Wills Lawyers](https://www.keytlaw.com/wp-content/uploads/2024/09/scottsdale-wills-lawyer.jpg "A,Close-up,Of,A,Last,Will,And,Testament,Document,Accompanied - KEYTLaw")](https://www.keytlaw.com/wp-content/uploads/2024/09/scottsdale-wills-lawyer.jpg) ### **The Importance of Having a Will** A will is an essential estate planning document that outlines how you want your personal and real property distributed after your passing. Without a will, your estate will be divided according to Arizona’s intestate succession laws, which may not align with your intentions. This can result in family disputes, prolonged legal battles, and assets going to individuals you may not have intended to benefit. A well-crafted will can help prevent these issues. A properly drafted will can: - Ensure your assets are distributed according to your wishes. - Designate guardians for minor children. - Outline your funeral preferences and other personal requests. - Minimize potential estate taxes and legal complications. Our Scottsdale wills lawyers are here to guide you through the process of creating a will, ensuring that every detail is addressed and your family’s future is secured. ### **Key Components of a Will** Understanding the essential elements of a will is crucial to crafting a comprehensive estate plan. Below is an overview of the primary components found in a simple will: 1. **Introductory Statement:** This section includes your name, address, and the declaration that this document is your last will and testament. 2. **Appointment of Executor:** Here, you appoint an executor to manage your estate, ensuring that your instructions are carried out and your debts are paid. 3. **Guardianship Provisions:** If you have minor children, this section allows you to name a guardian to care for them. 4. **Bequests and Legacies:** This part details the distribution of specific gifts, whether property or money, to individuals or organizations. 5. **Residuary Clause**: This clause covers the distribution of any assets not specifically mentioned elsewhere in the will. It ensures that all your property is accounted for and distributed according to your wishes. 6. **Signatures and Witnesses**: For your will to be legally valid, it must be signed by you and witnessed by at least two individuals who are not beneficiaries of the will. Our lawyers for Scottdale wills are skilled at customizing these elements to match your unique requirements, guaranteeing that your will is not only accurate but also fully compliant with the law. ### **Choose KEYTLaw to Create Your Will and Protect Your Loved Ones** We are Arizona estate planning attorneys Richard Keyt and Richard C. Keyt, a father-and-son team dedicated to helping clients with all aspects of estate planning and probate legal services. We are passionate about ensuring our clients’ families are protected and committed to providing thorough, compassionate, and reliable legal services. Don’t leave your family’s future to chance. [Contact our Scottsdale wills lawyers](https://www.keytlaw.com/) at KEYTLaw for a free consultation today. We’ll help you create a comprehensive estate plan that ensures your loved ones are cared for and your wishes are honored. Don’t delay—call us now! ### **Frequently Asked Questions About Wills in Arizona** 1. **What happens if I die without a will in Arizona?** *If you pass away without a will in Arizona, your estate will be distributed according to the state’s intestate succession laws. This means that your assets may go to relatives you did not intend to benefit, and the process could involve lengthy legal proceedings.* 2. **Can I change my will after it’s been created?** *Yes, you can change your will at any time through a legal process known as a codicil or by creating a new will altogether. It’s important to update your will after major life events, such as marriage, divorce, the birth of a child, or significant changes in your financial situation.* 3. **Do I need a lawyer to create a will in Arizona?** *While it’s possible to create a will without a lawyer, it’s highly recommended to consult with an experienced estate planning attorney. A lawyer can ensure that your will is legally valid and comprehensive and that it accurately reflects your wishes, thus avoiding potential legal challenges in the future.* \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Scottsdale, AZ Trust Lawyers](https://www.keytlaw.com/scottsdale-az-trust-lawyers/) **Published:** September 17, 2024 **Author:** Richard Keyt **Content:** # Scottsdale, AZ Trust Lawyers \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” status=”published” publish\_date=”” class=”” id=”” spacing\_medium=”” margin\_top\_medium=”” margin\_bottom\_medium=”” spacing\_small=”” margin\_top\_small=”” margin\_bottom\_small=”” margin\_top=”” margin\_bottom=”” padding\_dimensions\_medium=”” padding\_top\_medium=”” padding\_right\_medium=”” padding\_bottom\_medium=”” padding\_left\_medium=”” padding\_dimensions\_small=”” padding\_top\_small=”” padding\_right\_small=”” padding\_bottom\_small=”” padding\_left\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” link\_hover\_color=”” link\_color=”” border\_sizes=”” border\_sizes\_top=”” border\_sizes\_right=”” border\_sizes\_bottom=”” border\_sizes\_left=”” border\_color=”” border\_style=”solid” border\_radius\_top\_left=”” border\_radius\_top\_right=”” border\_radius\_bottom\_right=”” border\_radius\_bottom\_left=”” box\_shadow=”no” box\_shadow\_vertical=”” box\_shadow\_horizontal=”” 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background\_blend\_mode=”none” background\_slider\_images=”” background\_slider\_position=”” background\_slider\_skip\_lazy\_loading=”no” background\_slider\_loop=”yes” background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” video\_mp4=”” video\_webm=”” video\_ogv=”” video\_url=”” video\_aspect\_ratio=”16:9″ video\_loop=”yes” video\_mute=”yes” video\_preview\_image=”” pattern\_bg=”none” pattern\_custom\_bg=”” pattern\_bg\_color=”” pattern\_bg\_style=”default” pattern\_bg\_opacity=”100″ pattern\_bg\_size=”” pattern\_bg\_blend\_mode=”normal” mask\_bg=”none” mask\_custom\_bg=”” mask\_bg\_color=”” mask\_bg\_accent\_color=”” mask\_bg\_style=”default” mask\_bg\_opacity=”100″ mask\_bg\_transform=”left” mask\_bg\_blend\_mode=”normal” render\_logics=”” logics=”” absolute=”off” absolute\_devices=”small,medium,large” 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link\_description=”” min\_height=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” type\_medium=”” type\_small=”” flex\_grow\_medium=”” flex\_grow\_small=”” flex\_grow=”” flex\_shrink\_medium=”” flex\_shrink\_small=”” flex\_shrink=”” order\_medium=”0″ order\_small=”0″ dimension\_spacing\_medium=”” dimension\_spacing\_small=”” dimension\_spacing=”” dimension\_margin\_medium=”” dimension\_margin\_small=”” margin\_top=”” margin\_bottom=”” padding\_medium=”” padding\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” hover\_type=”none” border\_sizes=”” border\_color\_hover=”” border\_color=”” border\_style=”solid” border\_radius=”” box\_shadow=”no” dimension\_box\_shadow=”” box\_shadow\_blur=”0″ box\_shadow\_spread=”0″ box\_shadow\_color=”” box\_shadow\_style=”” z\_index\_hover=”” z\_index=”” overflow=”” background\_type=”single” background\_color\_medium=”” background\_color\_small=”” background\_color\_medium\_hover=”” background\_color\_small\_hover=”” background\_color\_hover=”” background\_color=”” gradient\_start\_color=”” gradient\_end\_color=”” gradient\_start\_position=”0″ gradient\_end\_position=”100″ gradient\_type=”linear” radial\_direction=”center center” linear\_angle=”180″ background\_image\_medium=”” background\_image\_small=”” background\_image=”” background\_image\_id\_medium=”” background\_image\_id\_small=”” background\_image\_id=”” lazy\_load=”none” skip\_lazy\_load=”” background\_position\_medium=”” background\_position\_small=”” background\_position=”left top” background\_repeat\_medium=”” background\_repeat\_small=”” background\_repeat=”no-repeat” background\_size\_medium=”” background\_size\_small=”” background\_size=”” background\_custom\_size=”” background\_custom\_size\_medium=”” background\_custom\_size\_small=”” background\_blend\_mode\_medium=”” background\_blend\_mode\_small=”” background\_blend\_mode=”none” background\_slider\_images=”” background\_slider\_position=”” background\_slider\_skip\_lazy\_loading=”no” background\_slider\_loop=”yes” background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” render\_logics=”” sticky=”off” sticky\_devices=”small-visibility,medium-visibility,large-visibility” sticky\_offset=”” absolute=”off” absolute\_props=”” filter\_type=”regular” filter\_hover\_element=”self” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”true”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] Estate planning is more than just drafting a will. It’s about ensuring your assets are safeguarded and your loved ones are cared for after you pass away. A comprehensive estate plan, centered around a trust, is the most effective way to achieve these goals. Trusts offer flexibility, asset protection, and control over how your property is distributed. Our Scottsdale trust attorneys at KEYTLaw are committed to working with you to design a trust that meets your unique requirements and safeguards your future and that of your loved ones. Reach out to us today to learn how establishing a trust can protect your assets and provide peace of mind. [Call for a free consultation today!](https://www.keytlaw.com/) [![Scottsdale Trust Attorneys](https://www.keytlaw.com/wp-content/uploads/2024/09/scottwdale-az-trusts-lawyer.jpg "House,Placed,On,Coins,And,Coins,Place,On,The,Grass - KEYTLaw")](https://www.keytlaw.com/wp-content/uploads/2024/09/scottwdale-az-trusts-lawyer.jpg) ### **Understanding Trusts** A trust is a legal device in which the trustor (the one who creates the trust) transfers assets to the trustee (the one who manages the trust) for the benefit of the beneficiary. There is good reason to use trusts for estate planning because they effectively prevent gift or inheritance taxes from diminishing your estate and eliminate the need for probate. Unlike a will, which doesn’t go into effect until you die, a trust can manage and pass on assets before or after death. Trusts can be structured for different purposes: to protect property, provide for minor children or a child with special needs who will need care for life, or any other purpose. Because of the technical language and legal requirements involved in establishing a trust, it is best to consult with our experienced Scottsdale trust attorneys before setting up your trust to ensure that it will meet all your purposes and be legally sound. ### **Benefits of Establishing a Trust** Creating a trust offers several advantages for you and your beneficiaries: - **Probate avoidance:** If you have assets of any considerable size, creating a trust can help your family avoid the expense and delay of probate. Thanks to a trust, you can pass on some or all of your assets to your beneficiaries without going through the time-consuming and costly probate process. - **Privacy Preservation:** Unlike wills, which are filed in court and become public records during probate, trusts remain private. Therefore, your assets will be transferred to your beneficiaries without public disclosure. - **Asset protection:** Assets held in a trust are removed from your ownership and held by a trustee. The assets are no longer your assets and are therefore better protected from creditors, lawsuits, and other threats. A trust may be especially beneficial if you own a lot of assets or if you are vulnerable to these kinds of threats. - **Controlled distribution:** Trusts let you specify how, when, and to whom your assets are distributed. This is especially helpful if you have minor children, special needs beneficiaries, or other people who aren’t yet financially responsible. - **Management continuity:** in the event you become incapacitated, a trust allows your property to be managed without the expensive and time-consuming process of having a court-appointed guardian for you. - **Flexibility**: a trust can be tailored for any number of purposes and can be amended or revoked under certain circumstances. Our Scottsdale trust attorneys at KEYTLaw can provide further insights into the benefits of trusts and help you determine the best trust for your estate planning needs. ### **Types of Trusts Available** There are several types of trusts, each designed to serve different purposes. Some common types include: - Revocable Trusts - Irrevocable Trusts - Special Needs Trusts - Charitable Trusts - Testamentary Trusts - [Spendthrift Trusts](https://www.keytlaw.com/what-are-conditional-trusts-how-to-use-them-to-shape-beneficiaries-lives-and-build-a-bridge-to-prosperity/) - Generation-Skipping Trusts - Life Insurance Trusts - And More! Choosing the right type of trust for your situation can be complex. Our team is here to guide you through the options and help you select the trust that best suits your estate planning goals. **How Our Scottsdale Trust Attorneys Can Assist You** Our Scottsdale trust attorneys at KEYTLaw are dedicated to helping you protect your future and your family by setting up an appropriate trust, saving your family many thousands of dollars in time and probate fees. We will work with you to build a trust that fits your needs and goals and secure your family’s future. Call us today to start the process of creating a trust to secure your future and help your family now and in the future. To [set up your free consultation,](https://www.keytlaw.com/contact/) call KEYTLaw to speak directly with one of our attorneys and discover your options. **Frequently Asked Questions (FAQ’s)** **1. What is the difference between a revocable and irrevocable trust? A revocable trust can be changed or canceled by the trustor during their lifetime, offering flexibility. An irrevocable trust, once established, cannot be altered, providing stronger asset protection but less flexibility. **2. What are the benefits of establishing a trust for a special needs child?** A Special Needs Trust allows you to provide for a child with special needs without affecting their eligibility for government benefits. It ensures financial support while maintaining access to essential public assistance programs. **3. What types of assets can be placed in a trust?** Almost any type of asset can be placed in a trust, including real estate, bank accounts, and investments. \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [LLC & Estate Planning Articles](https://www.keytlaw.com/free-articles/) **Published:** September 1, 2024 **Author:** Richard Keyt **Content:** # LLC & Estate Planning Articles \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” status=”published” publish\_date=”” class=”” id=”” spacing\_medium=”” margin\_top\_medium=”” margin\_bottom\_medium=”” spacing\_small=”” margin\_top\_small=”” margin\_bottom\_small=”” margin\_top=”” margin\_bottom=”” padding\_dimensions\_medium=”” padding\_top\_medium=”” padding\_right\_medium=”” padding\_bottom\_medium=”” padding\_left\_medium=”” padding\_dimensions\_small=”” padding\_top\_small=”” padding\_right\_small=”” padding\_bottom\_small=”” padding\_left\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” link\_hover\_color=”” link\_color=”” border\_sizes=”” border\_sizes\_top=”” border\_sizes\_right=”” border\_sizes\_bottom=”” border\_sizes\_left=”” border\_color=”” border\_style=”solid” border\_radius\_top\_left=”” border\_radius\_top\_right=”” border\_radius\_bottom\_right=”” border\_radius\_bottom\_left=”” box\_shadow=”no” box\_shadow\_vertical=”” box\_shadow\_horizontal=”” box\_shadow\_blur=”0″ box\_shadow\_spread=”0″ box\_shadow\_color=”” 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sticky\_devices=”small-visibility,medium-visibility,large-visibility” sticky\_background\_color=”” sticky\_height=”” sticky\_offset=”” sticky\_transition\_offset=”0″ scroll\_offset=”0″ animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″\]\[fusion\_builder\_row\]\[fusion\_builder\_column type=”1\_1″ layout=”1\_1″ align\_self=”auto” content\_layout=”column” align\_content=”flex-start” valign\_content=”flex-start” content\_wrap=”wrap” spacing=”” center\_content=”no” column\_tag=”div” link=”” target=”\_self” link\_description=”” min\_height=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” type\_medium=”” type\_small=”” flex\_grow\_medium=”” flex\_grow\_small=”” flex\_grow=”” flex\_shrink\_medium=”” flex\_shrink\_small=”” flex\_shrink=”” order\_medium=”0″ order\_small=”0″ dimension\_spacing\_medium=”” dimension\_spacing\_small=”” dimension\_spacing=”” dimension\_margin\_medium=”” dimension\_margin\_small=”” margin\_top=”” margin\_bottom=”” padding\_medium=”” padding\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” hover\_type=”none” border\_sizes=”” border\_color\_hover=”” border\_color=”” border\_style=”solid” border\_radius=”” box\_shadow=”no” dimension\_box\_shadow=”” box\_shadow\_blur=”0″ box\_shadow\_spread=”0″ box\_shadow\_color=”” box\_shadow\_style=”” z\_index\_hover=”” z\_index=”” overflow=”” background\_type=”single” background\_color\_medium=”” background\_color\_small=”” background\_color\_medium\_hover=”” background\_color\_small\_hover=”” background\_color\_hover=”” background\_color=”” gradient\_start\_color=”” gradient\_end\_color=”” gradient\_start\_position=”0″ gradient\_end\_position=”100″ gradient\_type=”linear” radial\_direction=”center center” linear\_angle=”180″ background\_image\_medium=”” background\_image\_small=”” background\_image=”” background\_image\_id\_medium=”” background\_image\_id\_small=”” background\_image\_id=”” lazy\_load=”none” skip\_lazy\_load=”” background\_position\_medium=”” background\_position\_small=”” background\_position=”left top” background\_repeat\_medium=”” background\_repeat\_small=”” background\_repeat=”no-repeat” background\_size\_medium=”” background\_size\_small=”” background\_size=”” background\_custom\_size=”” background\_custom\_size\_medium=”” background\_custom\_size\_small=”” background\_blend\_mode\_medium=”” background\_blend\_mode\_small=”” background\_blend\_mode=”none” background\_slider\_images=”” background\_slider\_position=”” background\_slider\_skip\_lazy\_loading=”no” background\_slider\_loop=”yes” background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” render\_logics=”” sticky=”off” sticky\_devices=”small-visibility,medium-visibility,large-visibility” sticky\_offset=”” absolute=”off” absolute\_props=”” filter\_type=”regular” filter\_hover\_element=”self” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”true”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] # **Get Our Free 15 Common LLC Mistakes Article and/or Our 13 Reasons Why You Need an Estate Plan Article** [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/) and his son former CPA [Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) are Arizona wills, trusts and estate planning attorneys who have formed 9,300+ Arizona LLCs. They have [367 five star](https://birdeye.com/keytlaw-llc-147983304225680) Google, FaceBook and BirdEye reviews. ## **Do you want our free 15 common LLC mistakes article?** Send the LLC article? * YesNo To see the contents and prices of our 3 LLC formation packages go to . ## **Do you want our free 13 reasons why you need an estate plan article?** Send me the estate planning article * YesNo To see the 25 documents and services you get if you hire us to prepare your estate plan with a revocable living trust go to **Do you want one of our attorneys to call you?** Please call * YesNo **Your Information** Your First Name * Your Last Name Your Email Address * Your Phone (Optional) Submit this Form \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Scottsdale, AZ](https://www.keytlaw.com/scottsdale-az/) **Published:** August 27, 2024 **Author:** Richard Keyt **Content:** # Scottsdale, AZ \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” status=”published” publish\_date=”” class=”” id=”” spacing\_medium=”” margin\_top\_medium=”” margin\_bottom\_medium=”” spacing\_small=”” margin\_top\_small=”” margin\_bottom\_small=”” margin\_top=”” margin\_bottom=”” padding\_dimensions\_medium=”” padding\_top\_medium=”” padding\_right\_medium=”” padding\_bottom\_medium=”” padding\_left\_medium=”” padding\_dimensions\_small=”” padding\_top\_small=”” padding\_right\_small=”” padding\_bottom\_small=”” padding\_left\_small=”” 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logics=””\]Scottsdale, Arizona, situated in the heart of the Sonoran Desert, is known for its upscale amenities, thriving arts scene, and beautiful natural landscapes. As part of the Phoenix metro area, Scottsdale offers a unique blend of modern living and outdoor adventure, making it a great place to call home. At KEYTLaw, we understand that residents of Scottsdale want to protect their financial future. Our family-run law firm is here to guide you through every step of the estate planning process, helping you secure your assets and ensure peace of mind for your loved ones. Whether you need a will, trust, or more comprehensive planning, we’re here to help you build a lasting legacy. Contact KEYTLaw today to start planning for your family’s tomorrow! [![Scottsdale, AZ](https://www.keytlaw.com/wp-content/uploads/2024/08/scottsdale-az.jpg "Sunrise,Over,The,Sonoran,Desert,Near,Scottsdale,,Arizona - KEYTLaw")](https://www.keytlaw.com/wp-content/uploads/2024/08/scottsdale-az.jpg) \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Glendale, AZ](https://www.keytlaw.com/glendale-az/) **Published:** August 22, 2024 **Author:** Richard Keyt **Content:** # Glendale, AZ \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” status=”published” publish\_date=”” class=”” id=”” spacing\_medium=”” margin\_top\_medium=”” margin\_bottom\_medium=”” spacing\_small=”” margin\_top\_small=”” margin\_bottom\_small=”” margin\_top=”” margin\_bottom=”” padding\_dimensions\_medium=”” padding\_top\_medium=”” padding\_right\_medium=”” padding\_bottom\_medium=”” padding\_left\_medium=”” padding\_dimensions\_small=”” padding\_top\_small=”” padding\_right\_small=”” padding\_bottom\_small=”” padding\_left\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” link\_hover\_color=”” link\_color=”” border\_sizes=”” border\_sizes\_top=”” border\_sizes\_right=”” border\_sizes\_bottom=”” border\_sizes\_left=”” border\_color=”” border\_style=”solid” border\_radius\_top\_left=”” border\_radius\_top\_right=”” border\_radius\_bottom\_right=”” border\_radius\_bottom\_left=”” box\_shadow=”no” box\_shadow\_vertical=”” box\_shadow\_horizontal=”” 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transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”true”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] ### Glendale, AZ, northwest of Phoenix, is known for its rich history, vibrant entertainment scene, and beautiful parks. Glendale attracts families and professionals with its suburban calm and metropolitan advantages, like the State Farm Stadium, which hosts major sports and concerts. In a community that is constantly evolving and expanding, it is essential for residents to plan ahead for their future and safeguard their assets. This is where having knowledgeable estate planning attorneys, like those at KEYTLaw, on your side becomes extremely helpful. KEYTLaw offers comprehensive estate planning services that are customized to meet the unique needs of Glendale residents, whether it involves drafting a will, setting up a trust, or navigating the complex world of estate taxes. Call to schedule a free consultation today and learn more about how we can help you. [![Glendale, AZ](https://www.keytlaw.com/wp-content/uploads/2024/08/glendale-arizona.jpg "Glendale,,Az,-,April,7,,2024:,State,Farm,Stadium,Is - KEYTLaw")](https://www.keytlaw.com/wp-content/uploads/2024/08/glendale-arizona.jpg) \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [What are the Duties of a Trustee of a Trust?](https://www.keytlaw.com/ep6/) **Published:** August 17, 2024 **Author:** Richard Keyt **Content:** # What are the Duties of a Trustee of a Trust? \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” status=”published” publish\_date=”” class=”” id=”” spacing\_medium=”” margin\_top\_medium=”” margin\_bottom\_medium=”” spacing\_small=”” margin\_top\_small=”” margin\_bottom\_small=”” margin\_top=”” margin\_bottom=”” padding\_dimensions\_medium=”” padding\_top\_medium=”” padding\_right\_medium=”” padding\_bottom\_medium=”” padding\_left\_medium=”” padding\_dimensions\_small=”” padding\_top\_small=”” padding\_right\_small=”” padding\_bottom\_small=”” padding\_left\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” link\_hover\_color=”” link\_color=”” border\_sizes=”” border\_sizes\_top=”” border\_sizes\_right=”” border\_sizes\_bottom=”” border\_sizes\_left=”” border\_color=”” border\_style=”solid” border\_radius\_top\_left=”” border\_radius\_top\_right=”” border\_radius\_bottom\_right=”” border\_radius\_bottom\_left=”” box\_shadow=”no” box\_shadow\_vertical=”” 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background\_slider\_images=”” background\_slider\_position=”” background\_slider\_skip\_lazy\_loading=”no” background\_slider\_loop=”yes” background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” render\_logics=”” sticky=”off” sticky\_devices=”small-visibility,medium-visibility,large-visibility” sticky\_offset=”” absolute=”off” absolute\_props=”” filter\_type=”regular” filter\_hover\_element=”self” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”no” border\_position=”all”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] A trustee of a trust created and funded by somebody other than the trustee has several legal obligations. If the trustee fails to satisfy these obligations, the beneficiary can sue the trustee. Here are the primary duties of a trustee of a trust created by somebody other than the trustee and the trustee is not the current beneficiary of the trust. **1. Be a Fiduciary**: The trustee has a fiduciary duty to act with loyalty, good faith, and in the best interest of the beneficiary. The trustee must avoid conflicts of interest. 2\. Understand the terms of the Trust and ensure safety of assets: Assets within the trust must remain safe, so the trustee must understand the basic terms outlined in the trust agreement. He or she should know who all the beneficiaries are and have access to and review all the records to ensure they’re in order and accurate. 3\. Invest assets when necessary: If the trust dictates, the trustee should invest assets with the intention of preserving them now and in the future. **4. Safeguard the Trust Assets**: Trustees must protect and manage trust assets. This involves prudent investment strategies, diversification, and regular reviews of the investment portfolio. Trustees should consider the beneficiary’s’ needs, risk tolerance, and financial goals when making investment decisions. **5. Administer the Trust**: The day-to-day administration of the trust involves various tasks, such as maintaining accurate records, managing income and expenses, paying taxes, and distributing assets to beneficiaries as stipulated in the trust documents. **6. Send Reports to the Beneficiaries**: In Arizona, trustees are required to provide periodic reports to beneficiaries. **7. Carry Out the Trustmaker’s Wishes**: The trust agreement states what happens to trust assets after the trustmaker(s) dies. The trustee is legally obligated to follow trust agreement instructions and make decisions that carry out the trustmaker’s intentions. **8. Make Wise Investments**: Trustees must be knowledgeable about financial markets and investment strategies. They should act prudently when making investment decisions, aiming to achieve a reasonable return while minimizing unnecessary risks. \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [10 Reasons Why You Should Have a Revocable Living Trust](https://www.keytlaw.com/ep5/) **Published:** August 5, 2024 **Author:** Richard Keyt **Content:** # 10 Reasons Why You Should Have a Revocable Living Trust \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” status=”published” publish\_date=”” class=”” id=”” spacing\_medium=”” margin\_top\_medium=”” margin\_bottom\_medium=”” spacing\_small=”” margin\_top\_small=”” margin\_bottom\_small=”” margin\_top=”” margin\_bottom=”” padding\_dimensions\_medium=”” padding\_top\_medium=”” padding\_right\_medium=”” padding\_bottom\_medium=”” padding\_left\_medium=”” padding\_dimensions\_small=”” padding\_top\_small=”” padding\_right\_small=”” padding\_bottom\_small=”” padding\_left\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” link\_hover\_color=”” link\_color=”” border\_sizes=”” border\_sizes\_top=”” border\_sizes\_right=”” border\_sizes\_bottom=”” border\_sizes\_left=”” border\_color=”” border\_style=”solid” border\_radius\_top\_left=”” border\_radius\_top\_right=”” border\_radius\_bottom\_right=”” border\_radius\_bottom\_left=”” box\_shadow=”no” box\_shadow\_vertical=”” box\_shadow\_horizontal=”” 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link\_description=”” min\_height=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” type\_medium=”” type\_small=”” flex\_grow\_medium=”” flex\_grow\_small=”” flex\_grow=”” flex\_shrink\_medium=”” flex\_shrink\_small=”” flex\_shrink=”” order\_medium=”0″ order\_small=”0″ dimension\_spacing\_medium=”” dimension\_spacing\_small=”” dimension\_spacing=”” dimension\_margin\_medium=”” dimension\_margin\_small=”” margin\_top=”” margin\_bottom=”” padding\_medium=”” padding\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” hover\_type=”none” border\_sizes=”” border\_color\_hover=”” border\_color=”” border\_style=”solid” border\_radius=”” box\_shadow=”no” dimension\_box\_shadow=”” box\_shadow\_blur=”0″ box\_shadow\_spread=”0″ box\_shadow\_color=”” box\_shadow\_style=”” z\_index\_hover=”” z\_index=”” overflow=”” background\_type=”single” background\_color\_medium=”” background\_color\_small=”” background\_color\_medium\_hover=”” background\_color\_small\_hover=”” background\_color\_hover=”” background\_color=”” gradient\_start\_color=”” gradient\_end\_color=”” gradient\_start\_position=”0″ gradient\_end\_position=”100″ gradient\_type=”linear” radial\_direction=”center center” linear\_angle=”180″ background\_image\_medium=”” background\_image\_small=”” background\_image=”” background\_image\_id\_medium=”” background\_image\_id\_small=”” background\_image\_id=”” lazy\_load=”none” skip\_lazy\_load=”” background\_position\_medium=”” background\_position\_small=”” background\_position=”left top” background\_repeat\_medium=”” background\_repeat\_small=”” background\_repeat=”no-repeat” background\_size\_medium=”” background\_size\_small=”” background\_size=”” background\_custom\_size=”” background\_custom\_size\_medium=”” background\_custom\_size\_small=”” background\_blend\_mode\_medium=”” background\_blend\_mode\_small=”” background\_blend\_mode=”none” background\_slider\_images=”” background\_slider\_position=”” background\_slider\_skip\_lazy\_loading=”no” background\_slider\_loop=”yes” background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” render\_logics=”” sticky=”off” sticky\_devices=”small-visibility,medium-visibility,large-visibility” sticky\_offset=”” absolute=”off” absolute\_props=”” filter\_type=”regular” filter\_hover\_element=”self” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”true”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] 1\. **Your co-trustee or successor trustee can manage your assets in the trust if you lose your mental capacity**. If you lose your mental capacity, have dementia or are in the hospital in a coma who will manage your financial affairs and pay your bills? If you have a trust with your spouse, then he or she will be able to deal with your assets that in the trust. If you are the sole trustee of your trust and you lose your mental capacity then the person named as your first successor trustee will be able to manage all the assets in the trust for you. **2. Your trust names the person or people who will inherit your assets**. If you die without a will or a trust, your assets will go to the person or people determined by the law of your state of residence. Your state’s law may give your assets to one or more people you don’t want to get the assets. To learn who will inherit your assets if you are an Arizona resident and die without a will or a trust see my article “[Who Inherits Your Assets if You Die without a Will or a Trust](https://www.arizona-wills.com/intestate-succession/).” The main reason to have a trust is because it names the person or people to inherit your assets if you die and the law of your state of residence will not apply. 3\. **Warning**: **If you have a significant other he or she will not inherit any of your assets that remain in your name after death if you die without a will or a trust that names him/her as your heir**. For your significant other to inherit your assets you need to have a will or a trust that names your significant other as the person who inherits your assets. 4\. **Your trust can name alternate heirs**. The trust can say I leave all my assets to my son Homer, but if he dies before me then all my assets go to Bobby. 5\. **Your loved ones can inherit your assets in a life-time asset protected trust**. The trusts we create provide that when the current beneficiary dies or both beneficiaries who are married to each other die, an irrevocable asset protection trust will be created for each heir so the inherited assets cannot be obtained by your heir’s creditors, ex-spouse or a bankruptcy court. 6\. **If your heir is a special needs person your trust will create a special needs trust for that heir**. Our revocable living trust provides that when an irrevocable trust is created for the future beneficiaries if a beneficiary is a special needs person that heir’s trust will automatically become a special needs trust so heir will not have assets in the heir’s trust prevent the heir from getting government benefits. 7\. **Trust assets avoid probate**. If you die without a trust that owns your assets your heir(s) may have to open an expensive, time-consuming public superior court probate that names a personal representative (aka executor) who has the power to transfer your assets to your heir(s). The assets that pass through a probate are not asset protected. If you have a trust and transfer assets to the trust then on your death the assets go automatically to your heir(s) named in the trust agreement without the need for a probate. 8\. **You can name a trusted person, two people or a trust company to be trustees to manage inherited assets**. If any heir is a minor the minor cannot manage their inherited assets, but your trust could name one or two people who will manage the minor child’s inheritance until the child reaches an age you specify in your trust agreement. If your heir is a person who should never manage his or her inherited asset (child is a drug addict, unable to manage money or has a spouse that would blow the inheritance) you can name one or two people or a trust company to be the trustee and manage the child’s inherited assets in the trust. 9\. **Your trust could reward a beneficiary who achieves a goal stated in the trust agreement**. Your trust could say if a child graduates with a degree from a four year college or university the child gets a bonus payment from the trust in an amount stated in the trust agreement. 10\. **To provide for grandchildren if your child dies**. Our trusts provide that if you die and your child inherits assets and that child dies after you the deceased child’s trust assets will automatically go to the deceased child’s children (your grandchildren) in asset protected irrevocable trusts created for each grandchild. 11\. **Your trust can provide for the care of your pets**. We can include a pet trust in your trust that provides that a person you name can be the pets’ caregiver or the person who hires and oversees the caregiver. The pet trust can authorize trust funds to be paid to the caregiver and to pay pet expenses. \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Why You Need an Estate Plan that Protects Your Loved Ones](https://www.keytlaw.com/ep1/) **Published:** August 4, 2024 **Author:** Richard Keyt **Content:** # Why You Need an Estate Plan that Protects Your Loved Ones \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” status=”published” publish\_date=”” class=”” id=”” spacing\_medium=”” margin\_top\_medium=”” margin\_bottom\_medium=”” spacing\_small=”” margin\_top\_small=”” margin\_bottom\_small=”” margin\_top=”” margin\_bottom=”” padding\_dimensions\_medium=”” padding\_top\_medium=”” padding\_right\_medium=”” padding\_bottom\_medium=”” padding\_left\_medium=”” padding\_dimensions\_small=”” padding\_top\_small=”” padding\_right\_small=”” padding\_bottom\_small=”” padding\_left\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” link\_hover\_color=”” link\_color=”” border\_sizes=”” border\_sizes\_top=”” border\_sizes\_right=”” border\_sizes\_bottom=”” border\_sizes\_left=”” border\_color=”” border\_style=”solid” border\_radius\_top\_left=”” border\_radius\_top\_right=”” border\_radius\_bottom\_right=”” border\_radius\_bottom\_left=”” box\_shadow=”no” box\_shadow\_vertical=”” box\_shadow\_horizontal=”” box\_shadow\_blur=”0″ box\_shadow\_spread=”0″ box\_shadow\_color=”” box\_shadow\_style=”” 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background\_slider\_skip\_lazy\_loading=”no” background\_slider\_loop=”yes” background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” video\_mp4=”” video\_webm=”” video\_ogv=”” video\_url=”” video\_aspect\_ratio=”16:9″ video\_loop=”yes” video\_mute=”yes” video\_preview\_image=”” pattern\_bg=”none” pattern\_custom\_bg=”” pattern\_bg\_color=”” pattern\_bg\_style=”default” pattern\_bg\_opacity=”100″ pattern\_bg\_size=”” pattern\_bg\_blend\_mode=”normal” mask\_bg=”none” mask\_custom\_bg=”” mask\_bg\_color=”” mask\_bg\_accent\_color=”” mask\_bg\_style=”default” mask\_bg\_opacity=”100″ mask\_bg\_transform=”left” mask\_bg\_blend\_mode=”normal” render\_logics=”” logics=”” absolute=”off” absolute\_devices=”small,medium,large” sticky=”off” sticky\_devices=”small-visibility,medium-visibility,large-visibility” 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hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” type\_medium=”” type\_small=”” flex\_grow\_medium=”” flex\_grow\_small=”” flex\_grow=”” flex\_shrink\_medium=”” flex\_shrink\_small=”” flex\_shrink=”” order\_medium=”0″ order\_small=”0″ dimension\_spacing\_medium=”” dimension\_spacing\_small=”” dimension\_spacing=”” dimension\_margin\_medium=”” dimension\_margin\_small=”” margin\_top=”” margin\_bottom=”” padding\_medium=”” padding\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” hover\_type=”none” border\_sizes=”” border\_color\_hover=”” border\_color=”” border\_style=”solid” border\_radius=”” box\_shadow=”no” dimension\_box\_shadow=”” box\_shadow\_blur=”0″ box\_shadow\_spread=”0″ box\_shadow\_color=”” box\_shadow\_style=”” z\_index\_hover=”” z\_index=”” overflow=”” background\_type=”single” background\_color\_medium=”” background\_color\_small=”” background\_color\_medium\_hover=”” background\_color\_small\_hover=”” background\_color\_hover=”” background\_color=”” gradient\_start\_color=”” gradient\_end\_color=”” gradient\_start\_position=”0″ gradient\_end\_position=”100″ gradient\_type=”linear” radial\_direction=”center center” linear\_angle=”180″ background\_image\_medium=”” background\_image\_small=”” background\_image=”” background\_image\_id\_medium=”” background\_image\_id\_small=”” background\_image\_id=”” lazy\_load=”none” skip\_lazy\_load=”” background\_position\_medium=”” background\_position\_small=”” background\_position=”left top” background\_repeat\_medium=”” background\_repeat\_small=”” background\_repeat=”no-repeat” background\_size\_medium=”” background\_size\_small=”” background\_size=”” background\_custom\_size=”” background\_custom\_size\_medium=”” background\_custom\_size\_small=”” background\_blend\_mode\_medium=”” background\_blend\_mode\_small=”” background\_blend\_mode=”none” background\_slider\_images=”” background\_slider\_position=”” background\_slider\_skip\_lazy\_loading=”no” background\_slider\_loop=”yes” background\_slider\_pause\_on\_hover=”no” background\_slider\_slideshow\_speed=”5000″ background\_slider\_animation=”fade” background\_slider\_direction=”up” background\_slider\_animation\_speed=”800″ background\_slider\_blend\_mode=”” render\_logics=”” sticky=”off” sticky\_devices=”small-visibility,medium-visibility,large-visibility” sticky\_offset=”” absolute=”off” absolute\_props=”” filter\_type=”regular” filter\_hover\_element=”self” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”true”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] I’m Arizona wills & trusts lawyer [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/). You expressed an interest in adopting a will, a trust and an estate plan to protect your most valuable assets – your loved ones. My son, Arizona estate planning attorney [Richard C. Keyt,](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) and I have drafted wills, trusts, and estate plans for 1,000+ clients. We have 309 five-star Google reviews because people love our high-quality, reasonably priced legal services. \[/fusion\_text\]\[fusion\_youtube id=”https://youtu.be/1FFRi7hXbkQ?si=HFEv\_m4B8pnRm8qK” alignment=”center” width=”” height=”” start\_time=”” end\_time=”” autoplay=”true” mute=”false” api\_params=”” title\_attribute=”” video\_facade=”” thumbnail\_size=”auto” margin\_top=”” margin\_bottom=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” class=”” css\_id=”” structured\_data=”off” video\_upload\_date=”” video\_duration=”” video\_title=”” video\_desc=”” /\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] **Why You Need an Estate Plan** The purpose of an estate plan with a trust, a will, a living will, a healthcare power of attorney, and a financial power of attorney is to protect your most valuable assets – your loved ones. When people fail to plan, their loved ones suffer. I urge you to read the reasons why you need an estate plan set forth below because I’m sure that many of the reasons apply to you. It’s time to learn what you must do to protect your loved ones. Here are reasons why you need an estate plan with a revocable living trust: 1\. **To protect your loved ones**. If you do not have a trust, a will, a healthcare power of attorney, a living will, and a financial power of attorney, your loved ones will pay the price of your failure to plan. Adopt an estate plan now so your loved ones will not have to deal with the problems they will experience if you don’t have all the estate plan documents. A 2023 [study by LegalShield](https://www.businesswire.com/news/home/20230808403417/en/) found that 90% of Americans say having a will is important, but less than 50% actually have one. The survey found that without proper estate planning, 58% of respondents experienced [family disputes](https://www.investmentnews.com/aretha-franklins-estate-planning-deserves-no-respect-239738) and had assets fall under court control. 2\. **To make sure the right people inherit your assets**. If you do not have a will or a trust, your state of residence has a law that determines who will inherit your assets. Your state’s inheritance plan may cause your assets to go to the wrong person or people. To learn who will inherit your assets if you are an Arizona resident and die without a will or a trust, see our article called “[Who Inherits Your Property If You Die without a Will or a Trust](https://www.arizona-wills.com/intestate-succession/).” If you have a will or a trust, then you determine who will inherit your assets, not your state of residence. 3\. **To leave your assets to your loved ones in a lifetime asset-protected trust**. There are two ways your loved ones can inherit your assets: (1) outright with no asset protection, or (2) inside an irrevocable trust that protects the inherited assets from your loved one’s creditors, ex-spouses and bankruptcy courts. If your loved one gets sued, the creditor cannot get the inherited assets inside the trust. Your loved one can be the trustee of the trust and have control over the inherited assets in the trust. 4\. **To name the person you want to raise your minor children if both their parents are deceased**. If you don’t have a document that names the person who you want to raise your minor children if you die, then if both parents are deceased, the family will have to file a superior court lawsuit asking a judge to appoint a guardian to raise the minor(s). This can be very expensive, cause family fighting and a person you may not want to raise your minor children could be appointed by the judge. 5\. **To name the person you want to manage the assets inherited by your minor children if you die when any of your children are under age 18 or the assets of adult children**. If you die with any children who are under the age of 18, the minor(s) cannot legally own or manage their inherited assets. The family must file a superior court lawsuit asking a judge to appoint a conservator who is obligated to manage the assets for the minor(s) until the minor(s) become age 18. This is a waste of money and the person the judge picks may not be the person you would have picked. If we prepare your trust, it will name the person or people you pick to manage the assets of your children and use the assets for each child. If you don’t want a child to ever have access to the child’s inheritance, you can have a trusted person or a corporate trustee be that child’s trustee. 6\. **To avoid an expensive, time-consuming public Superior Court probate**. If you do not have a trust and you die the assets that remain in your name may have to go through an expensive, time-consuming public Superior Court probate that gives your personal representative the power to pay your last bills and transfer your assets to your heirs. We typically charge $3,500 – $5,000 to do a probate. When your assets are in a trust and you die all those assets avoid probate and go automatically to the heir(s) named in the trust agreement. 7\. **To maintain privacy**. Superior Court probates are public. Trusts are not public. They are private. If you die with a trust, only your successor trustee(s) have knowledge and access to your assets and your beneficiaries will know they are beneficiaries. 8\. **To control the use of your assets after your death**. Your trust can place limits on beneficiaries’ use of their trust assets. If you own your home and you want your spouse or children to be able to live in the home after your death without paying rent you need a trust that provides for that. Your trust could say your spouse can live in the home rent free for life and when he or she dies or moves out the home will go equally to your children. 9\. T**o give your heirs incentives and disincentives that influence their actions from the grave**. Our estate plan clients can pick and chose from a list of incentive and disincentive provisions to include in their heir’s trusts that are intended to influence their actions after your death. See our [list of incentive and disincentive optional trust provisions](https://www.keytlaw.com/ep-incentive-provisions/). 10\. **To prevent a loved one from having control of his or her inheritance**. You do not want your loved one to have control of his or her inherited assets if: - your heir is a drug addict, - your heir is a minor, - you want your heir to reach a specified age before he or she can become the trustee because you want your heir to be “older and wiser,” - your heir does not know how to invest or manage assets, - your heir has a spouse that would force the heir to waste money or do things that would be harmful to the assets or your heir, - you want someone other than your heir to manage the trust’s assets, - your heir is mentally incompetent, - your heir is a special needs person - your heir, for any reason, should never have control of his or her inheritance. 11\. **To designate in a healthcare power of attorney the person or people who can make medical decisions for you if you cannot communicate with your doctor**. If you are unconscious and your doctor asks, “Should I operate or not operate?” and one family member says yes and another family member says no, what will the doctor do? Your family may have to go to court to get a judge to rule on who can make medical decisions for you. You should have a medical power of attorney that names the people you want to make medical decisions for you if you cannot communicate with your doctor. 12\. **To tell the doctors in your living will to pull the plug if you are brain dead**. If you are being kept alive by a machine and brain dead what would happen if one family member says pull the plug and another says do not pull the plug? [Terri Schiavo](https://en.wikipedia.org/wiki/Terri_Schiavo_case) was in an irreversible persistent vegetative state. Her husband wanted to pull the plug, but her parents did not. They litigated the issue from 1998 to 2005 and wasted thousands of dollars before a court ruled that Schiavo’s feeding tube should be removed. 13\. **To give a trusted person the power in a financial power of attorney to deal with your financial affairs if you cannot**. If you are unconscious in a hospital or have dementia or Alzheimers nobody will be able to deal with your financial affairs without going to court and wasting thousands of dollars to get an order from a judge that appoints somebody to be your conservator with the power to deal with your financial matters. The court-appointed conservator may not be the person you would want to deal with your financial affairs. If you have a financial power of attorney, it names people you trust in order who can pay your bills, write checks on your checking account, and deal with your financial matters if you cannot. If you hire us to prepare your custom estate plan with a revocable living trust all of the problems listed above go away and you and your loved ones will be protected. \[/fusion\_text\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Armando Roman Interviews Richard C. Keyt](https://www.keytlaw.com/ep7/) **Published:** August 10, 2024 **Author:** Richard Keyt **Content:** # Armando Roman Interviews Richard C. Keyt \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” status=”published” publish\_date=”” class=”” id=”” spacing\_medium=”” margin\_top\_medium=”” margin\_bottom\_medium=”” spacing\_small=”” margin\_top\_small=”” margin\_bottom\_small=”” margin\_top=”” margin\_bottom=”” padding\_dimensions\_medium=”” padding\_top\_medium=”” padding\_right\_medium=”” padding\_bottom\_medium=”” padding\_left\_medium=”” padding\_dimensions\_small=”” padding\_top\_small=”” padding\_right\_small=”” 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sticky\_offset=”” absolute=”off” absolute\_props=”” filter\_type=”regular” filter\_hover\_element=”self” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”true”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] Arizona estate planning attorney Richard C. Keyt was interviewed by Armando Roman, a former CPA, who owns a private wealth management advisory firm called [AXIOM Founder’s Family Office Inc](https://axiomcorp.com/about/). that advises high-net-worth individuals and families that have accumulated wealth through one or more successful businesses. The video of the interview is below. Ricky and Armando discuss business succession and estate planning for high-net-worth people. \[/fusion\_text\]\[fusion\_youtube id=”https://youtu.be/e5hgF6MtPFI?si=Ef\_0IOA45qtWHO2m” alignment=”center” width=”” height=”” start\_time=”” end\_time=”” autoplay=”true” mute=”false” api\_params=”” title\_attribute=”” video\_facade=”” thumbnail\_size=”auto” margin\_top=”” margin\_bottom=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” class=”” css\_id=”” structured\_data=”off” video\_upload\_date=”” video\_duration=”” video\_title=”” video\_desc=”” /\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [Get Peace of Mind & Protect Your Loved Ones](https://www.keytlaw.com/ep2/) **Published:** August 5, 2024 **Author:** Richard Keyt **Content:** # Get Peace of Mind & Protect Your Loved Ones \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” menu\_anchor=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” status=”published” publish\_date=”” class=”” id=”” spacing\_medium=”” margin\_top\_medium=”” margin\_bottom\_medium=”” spacing\_small=”” margin\_top\_small=”” margin\_bottom\_small=”” margin\_top=”” margin\_bottom=”” padding\_dimensions\_medium=”” padding\_top\_medium=”” padding\_right\_medium=”” padding\_bottom\_medium=”” padding\_left\_medium=”” padding\_dimensions\_small=”” padding\_top\_small=”” padding\_right\_small=”” padding\_bottom\_small=”” padding\_left\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” link\_hover\_color=”” link\_color=”” 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filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”true”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” user\_select=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] ## **Estate Plan Client Testimonials** 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hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” class=”” css\_id=”” structured\_data=”off” video\_upload\_date=”” video\_duration=”” video\_title=”” video\_desc=”” /\]\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] --- ### [For A Will To Be Valid, What Does Arizona Law Require?](https://www.keytlaw.com/ep-valid-will-requirements/) **Published:** September 9, 2023 **Author:** Richard Keyt **Content:** # For A Will To Be Valid, What Does Arizona Law Require? \[fusion\_builder\_container type=”flex” hundred\_percent=”no” hundred\_percent\_height=”no” min\_height\_medium=”” min\_height\_small=”” min\_height=”” hundred\_percent\_height\_scroll=”no” align\_content=”stretch” flex\_align\_items=”flex-start” flex\_justify\_content=”flex-start” flex\_wrap\_medium=”” flex\_wrap\_small=”” flex\_wrap=”wrap” flex\_column\_spacing=”” hundred\_percent\_height\_center\_content=”yes” equal\_height\_columns=”no” container\_tag=”div” 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filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”false” border\_position=”all” first=”true” spacing\_right=””\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] # For A Will To Be Valid, What Does Arizona Law Require? by Arizona estate planning attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father) and [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky, the son) A Will is one of the most important legal documents a person will create during his or her life. A Will states how a person’s money and property should be distributed upon his or her death, names a personal representative to administer the estate, names a guardian to care for minor children and names a conservator to manage minor children’s assets. For more information about Wills, see my article [What is a Will](https://www.arizona-wills.com/what-is-will/)? In order to accomplish these functions, a Will must be valid. Arizona law sets forth a number of requirements for a Will to be valid: ## Required Age to Make a Last Will and Testament The person making the Will must be 18 years of age or older and must be of sound mind. ([ARS § 14-2501](https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/14/02501.htm).) At a minimum, the person signing the Will must be able to understand the extent of his property, know the individuals who would naturally benefit from his death (closest surviving family members), and must understand that by executing a Will he is giving specific instructions on who his beneficiaries should be and what property his beneficiaries should receive. ## A Will Must Be In Writing Arizona law also requires that the Will is in writing, signed by the person making the Will (the “testator”), and two witnesses. If the testator is unable to physically sign his name, he may direct another person to do so for him in his presence. Each witness must either see the testator sign the Will or be told by the testator that the signature on the Will is the testator’s. Each witness must sign the Will in the presence of the testator and the other witness. ([ARS § 14-2502](https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/14/02502.htm).) ## Holographic Wills Arizona law also provides for holographic Wills. A holographic Will is one that is in the handwriting of the testator. For a holographic Will to be valid in Arizona, it must be signed by the testator and the material provisions must be in the testator’s handwriting. Material provisions are those provisions that name beneficiaries and their gifts. The writing must also indicate that the testator intends and wants to dispose of his or her property with the writing. A holographic Will may be witnessed, but does not need to be. ([ARS § 14-2503](https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/14/02503.htm).) ## Wills and Witnesses The witnesses to a Will must be generally competent. It is a good idea that the witnesses to the Will be “disinterested”, meaning that they do not inherit anything under the Will. However, in Arizona a Will is not invalid just because it was witnessed by an interested party. ([ARS § 14-2505](https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/14/02505.htm).) ## Proving the Authenticity of A Last Will and Testament Arizona law allows for Wills to be “self-proved”. If a Will is self-proven and the authenticity of the Will is not challenged, the Will may be probated in a simplified informal probate. Since a court automatically accepts a self-proven Will as authentic, witnesses to a self-proven Will are not required to testify in court. A Will can be self-proven if the testator and witnesses affirm the authenticity of the Will in an affidavit in front of a notary, and the notary stamps the affidavit. The affidavit should either be part of the Will itself or attached to it. ([ARS § 14-2504](https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/14/02504.htm).) ## Our Estate Plan Includes a Last Will & Testament ## **Book a Free No Obligation Estate Plan Consultation** Adopt an estate plan with a trust now and get peace of mind that your loved ones are protected. The first step to protect your assets and ensure they go to your desired heir(s) is to book a free office, phone, or Zoom video consultation with one of our estate planning attorneys. During this no-obligation meeting, they will answer your questions and design your estate plan. Make a free appointment with: - [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/) (Rick, the father) text or call 24/7 at 480-664-7478 or go to his [online calendar](https://www.keytlaw.com/rk). See Rick's [virtual business card](https://poplme.co/hash/QB9KVu0Z/1/es). - [Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) (Ricky, the son) text or call at 480-664-7472 or go to his [online calendar](https://www.keytlaw.com/rck). ## **How to Buy Our Estate Plan** 1\. Book a free no-obligation office, phone or Zoom video consultation with one of our estate planning attorneys to get answers to your questions and to plan and design your estate plan. - [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/) (Rick, the father) text or call 24/7 at 480-664-7478 or go to his [online calendar](https://www.keytlaw.com/rk). See his [virtual business card](https://poplme.co/hash/QB9KVu0Z/1/es). - [Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) (Ricky, the son) text or call at 480-664-7472 or go to his [online calendar](https://www.keytlaw.com/rck). 2\. Complete and submit our [online estate plan questionnaire](https://www.keytlaw.com/epq). \[/fusion\_text\]\[/fusion\_builder\_column\]\[fusion\_builder\_column type=”1\_3″ layout=”1\_3″ align\_self=”auto” content\_layout=”column” align\_content=”flex-start” valign\_content=”flex-start” content\_wrap=”wrap” spacing=”” center\_content=”no” column\_tag=”div” link=”” target=”\_self” link\_description=”” min\_height=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” type\_medium=”” type\_small=”” flex\_grow\_medium=”” flex\_grow\_small=”” flex\_grow=”” flex\_shrink\_medium=”” flex\_shrink\_small=”” flex\_shrink=”” order\_medium=”0″ order\_small=”0″ dimension\_spacing\_medium=”” dimension\_spacing\_small=”” dimension\_spacing=”” dimension\_margin\_medium=”” dimension\_margin\_small=”” margin\_top=”” margin\_bottom=”” padding\_medium=”” padding\_small=”” padding\_top=”” padding\_right=”” padding\_bottom=”” padding\_left=”” hover\_type=”none” border\_sizes=”” border\_color\_hover=”” border\_color=”” border\_style=”solid” border\_radius=”” box\_shadow=”no” dimension\_box\_shadow=”” box\_shadow\_blur=”0″ box\_shadow\_spread=”0″ box\_shadow\_color=”” box\_shadow\_style=”” z\_index\_hover=”” z\_index=”” overflow=”” background\_type=”single” gradient\_start\_color=”” gradient\_end\_color=”” gradient\_start\_position=”0″ gradient\_end\_position=”100″ gradient\_type=”linear” radial\_direction=”center center” linear\_angle=”180″ background\_color\_medium=”” background\_color\_small=”” background\_color\_medium\_hover=”” background\_color\_small\_hover=”” background\_color\_hover=”” background\_color=”” background\_image\_medium=”” background\_image\_small=”” background\_image=”” background\_image\_id\_medium=”” background\_image\_id\_small=”” background\_image\_id=”” lazy\_load=”none” skip\_lazy\_load=”” background\_position\_medium=”” background\_position\_small=”” background\_position=”left top” background\_repeat\_medium=”” background\_repeat\_small=”” background\_repeat=”no-repeat” background\_size\_medium=”” background\_size\_small=”” background\_size=”” background\_custom\_size=”” background\_custom\_size\_medium=”” background\_custom\_size\_small=”” background\_blend\_mode\_medium=”” background\_blend\_mode\_small=”” background\_blend\_mode=”none” render\_logics=”” sticky=”off” sticky\_devices=”small-visibility,medium-visibility,large-visibility” sticky\_offset=”” absolute=”off” absolute\_props=”” filter\_type=”regular” filter\_hover\_element=”self” filter\_hue=”0″ filter\_saturation=”100″ filter\_brightness=”100″ filter\_contrast=”100″ filter\_invert=”0″ filter\_sepia=”0″ filter\_opacity=”100″ filter\_blur=”0″ filter\_hue\_hover=”0″ filter\_saturation\_hover=”100″ filter\_brightness\_hover=”100″ filter\_contrast\_hover=”100″ filter\_invert\_hover=”0″ filter\_sepia\_hover=”0″ filter\_opacity\_hover=”100″ filter\_blur\_hover=”0″ transform\_type=”regular” transform\_hover\_element=”self” transform\_scale\_x=”1″ transform\_scale\_y=”1″ transform\_translate\_x=”0″ transform\_translate\_y=”0″ transform\_rotate=”0″ transform\_skew\_x=”0″ transform\_skew\_y=”0″ transform\_scale\_x\_hover=”1″ transform\_scale\_y\_hover=”1″ transform\_translate\_x\_hover=”0″ transform\_translate\_y\_hover=”0″ transform\_rotate\_hover=”0″ transform\_skew\_x\_hover=”0″ transform\_skew\_y\_hover=”0″ transform\_origin=”” transition\_duration=”300″ transition\_easing=”ease” transition\_custom\_easing=”” motion\_effects=”” scroll\_motion\_devices=”small-visibility,medium-visibility,large-visibility” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” last=”true” border\_position=”all” first=”false”\]\[fusion\_text columns=”” column\_min\_width=”” column\_spacing=”” rule\_style=”” rule\_size=”” rule\_color=”” hue=”” saturation=”” lightness=”” alpha=”” content\_alignment\_medium=”” content\_alignment\_small=”” content\_alignment=”” hide\_on\_mobile=”small-visibility,medium-visibility,large-visibility” sticky\_display=”normal,sticky” class=”” id=”” margin\_top=”” margin\_right=”” margin\_bottom=”” margin\_left=”” fusion\_font\_family\_text\_font=”” fusion\_font\_variant\_text\_font=”” font\_size=”” line\_height=”” letter\_spacing=”” text\_transform=”” text\_color=”” animation\_type=”” animation\_direction=”left” animation\_color=”” animation\_speed=”0.3″ animation\_delay=”0″ animation\_offset=”” logics=””\] [![Your Most Valuable Asset](https://www.arizona-wills.com/wp-content/uploads/2012/04/bigstock-Extended-Group-Portrait-Of-Fam-13915559-300x200.jpg "- KEYTLaw")](https://www.arizona-wills.com/wp-content/uploads/2012/04/bigstock-Extended-Group-Portrait-Of-Fam-13915559.jpg) [Book a Free Estate Plan Consultation](https://www.keytlaw.com/calendar "Schedule a free meeting with an estate planning attorney") ## **Warning for Arizona Residents** The State of Arizona has a law that specifies who inherits the assets of an Arizona resident who dies without a will or a trust. **This law may cause your assets to be inherited by the wrong person or people if you don't have a will or a trust**. To learn who will inherit your assets if you die without a will or a trust see my article called "[Who Inherits Your Property If You Die without a Will or a Trust](https://www.arizona-wills.com/intestate-succession/)" and take my short online quiz called "[Who Inherits Your Property](https://www.arizona-wills.com/inherits/)." If the wrong person or people would inherit your assets, you need to hire us to prepare a will or a trust that leaves your assets to the person or people you want to inherit the assets, not to the people Arizona gives your property to. ## **Why You Need an Estate Plan with a Trust** See our article, "[15 Benefits of Having an Estate Plan with a Revocable Living Trust](https://www.keytlaw.com/benefits/).” Learn the [36 documents and services](https://www.keytlaw.com/ep-contents/) you will get if you hire us to prepare your estate plan with a revocable living trust. ## **Book a Free Consultation** The first step to protect your assets and ensure they go to your desired heir(s) is to book a free office, phone or Zoom video consultation with one of our estate planning attorneys. During this no-obligation meeting, they will answer your questions and design your estate plan. Make a free appointment with: - [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/) (Rick, the father) text or call 24/7 at 480-664-7478 or go to his [online calendar](https://www.keytlaw.com/rk). See Rick's [virtual business card](https://poplme.co/hash/QB9KVu0Z/1/es). - [Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) (Ricky, the son) text or call at 480-664-7472 or go to his [online calendar](https://www.keytlaw.com/rck). ## **Steps to Hire Us** 1\. Have your free consultation with one of Keyts. 2\. Complete our online [estate plan questionnaire](https://www.keytlaw.com/epq). When you submit the questionnaire our system will send an email message to you and to us that contains all the information you entered into the questionnaire. 3\. Attend your free estate plan consultation. 4\. Come to our office to sign your documents before two witnesses and a notary. The total time from start to signed documents is one to two weeks.[/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container] --- ### [Arizona Revised Statutes](https://www.keytlaw.com/arizona-revised-statutes/) **Published:** December 23, 2016 **Author:** Richard Keyt **Content:** **Title****Title Heading** [Title 1](http://www.azleg.gov/arsDetail?title=1)General Provisions Title 2Repealed [Title 3](http://www.azleg.gov/arsDetail?title=3)Agriculture [Title 4](http://www.azleg.gov/arsDetail?title=4)Alcoholic Beverages [Title 5](http://www.azleg.gov/arsDetail?title=5)Amusements and Sports [Title 6](http://www.azleg.gov/arsDetail?title=6)Banks and Financial Institutions [Title 7](http://www.azleg.gov/arsDetail?title=7)Bonds [Title 8](http://www.azleg.gov/arsDetail?title=8)Child Safety [Title 9](http://www.azleg.gov/arsDetail?title=9)Cities and Towns [Title 10](http://www.azleg.gov/arsDetail?title=10)Corporations and Associations [Title 11](http://www.azleg.gov/arsDetail?title=11)Counties [Title 12](http://www.azleg.gov/arsDetail?title=12)Courts and Civil Proceedings [Title 13](http://www.azleg.gov/arsDetail?title=13)Criminal Code [Title 14](http://www.azleg.gov/arsDetail?title=14)Trusts, Estates and Protective Proceedings [Title 15](http://www.azleg.gov/arsDetail?title=15)Education [Title 16](http://www.azleg.gov/arsDetail?title=16)Elections and Electors [Title 17](http://www.azleg.gov/arsDetail?title=17)Game and Fish [Title 18](http://www.azleg.gov/arsDetail?title=18)Information Technology [Title 19](http://www.azleg.gov/arsDetail?title=19)Initiative, Referendum and Recall [Title 20](http://www.azleg.gov/arsDetail?title=20)Insurance [Title 21](http://www.azleg.gov/arsDetail?title=21)Juries [Title 22](http://www.azleg.gov/arsDetail?title=22)Justice and Municipal Courts [Title 23](http://www.azleg.gov/arsDetail?title=23)Labor Title 24Repealed [Title 25](http://www.azleg.gov/arsDetail?title=25)Marital and Domestic Relations [Title 26](http://www.azleg.gov/arsDetail?title=26)Military Affairs and Emergency Management [Title 27](http://www.azleg.gov/arsDetail?title=27)Minerals, Oil and Gas [Title 28](http://www.azleg.gov/arsDetail?title=28)Transportation [Title 29](http://www.azleg.gov/arsDetail?title=29)Partnership [Title 30](http://www.azleg.gov/arsDetail?title=30)Power [Title 31](http://www.azleg.gov/arsDetail?title=31)Prisons and Prisoners [Title 32](http://www.azleg.gov/arsDetail?title=32)Professions and Occupations [Title 33](http://www.azleg.gov/arsDetail?title=33)Property [Title 34](http://www.azleg.gov/arsDetail?title=34)Public Buildings and Improvements [Title 35](http://www.azleg.gov/arsDetail?title=35)Public Finances [Title 36](http://www.azleg.gov/arsDetail?title=36)Public Health and Safety [Title 37](http://www.azleg.gov/arsDetail?title=37)Public Lands [Title 38](http://www.azleg.gov/arsDetail?title=38)Public Officers and Employees [Title 39](http://www.azleg.gov/arsDetail?title=39)Public Records, Printing and Notices [Title 40](http://www.azleg.gov/arsDetail?title=40)Public Utilities and Carriers [Title 41](http://www.azleg.gov/arsDetail?title=41)State Government [Title 42](http://www.azleg.gov/arsDetail?title=42)Taxation [Title 43](http://www.azleg.gov/arsDetail?title=43)Taxation of Income [Title 44](http://www.azleg.gov/arsDetail?title=44)Trade and Commerce [Title 45](http://www.azleg.gov/arsDetail?title=45)Waters [Title 46](http://www.azleg.gov/arsDetail?title=46)Welfare [Title 47](http://www.azleg.gov/arsDetail?title=47)Uniform Commercial Code [Title 48](http://www.azleg.gov/arsDetail?title=48)Special Taxing Districts [Title 49](http://www.azleg.gov/arsDetail?title=49)The Environment --- ### [Arizona Revised Statues Section 33-405](https://www.keytlaw.com/ars-section-33-405/) **Published:** March 27, 2015 **Author:** On the Net **Content:** # Arizona Revised Statues Section 33-405 #### 33-405. Beneficiary Deeds; Recording; Definition A. A deed that conveys an interest in real property, including any debt secured by a lien on real property, to a grantee beneficiary designated by the owner and that expressly states that the deed is effective on the death of the owner transfers the interest to the designated grantee beneficiary effective on the death of the owner subject to all conveyances, assignments, contracts, mortgages, deeds of trust, liens, security pledges and other encumbrances made by the owner or to which the owner was subject during the owner’s lifetime. B. A beneficiary deed may designate multiple grantees who take title as joint tenants with right of survivorship, tenants in common, a husband and wife as community property or as community property with right of survivorship, or any other tenancy that is valid under the laws of this state. C. A beneficiary deed may designate a successor grantee beneficiary. If the beneficiary deed designates a successor grantee beneficiary, the deed shall state the condition on which the interest of the successor grantee beneficiary would vest. D. If real property is owned as joint tenants with the right of survivorship or as community property with the right of survivorship, a deed that conveys an interest in the real property to a grantee beneficiary designated by all of the then surviving owners and that expressly states that the deed is effective on the death of the last surviving owner transfers the interest to the designated grantee beneficiary effective on the death of the last surviving owner. If a beneficiary deed is executed by fewer than all of the owners of real property owned as joint tenants with right of survivorship or community property with right of survivorship, the beneficiary deed is valid if the last surviving owner is one of the persons who executes the beneficiary deed. If the last surviving owner did not execute the beneficiary deed, the transfer shall lapse and the deed is void. An estate in joint tenancy with right of survivorship or community property with right of survivorship is not affected by the execution of a beneficiary deed that is executed by fewer than all of the owners of the real property, and the rights of a surviving joint tenant with right of survivorship or a surviving spouse in community property with right of survivorship shall prevail over a grantee beneficiary named in a beneficiary deed. E. A beneficiary deed is valid only if the deed is executed and recorded as provided by law in the office of the county recorder of the county in which the property is located before the death of the owner or the last surviving owner. A beneficiary deed may be used to transfer an interest in real property to the trustee of a trust even if the trust is revocable. F. A beneficiary deed may be revoked at any time by the owner or, if there is more than one owner, by any of the owners who executed the beneficiary deed. To be effective, the revocation must be executed and recorded as provided by law in the office of the county recorder of the county in which the real property is located before the death of the owner who executes the revocation. If the real property is owned as joint tenants with right of survivorship or community property with right of survivorship and if the revocation is not executed by all the owners, the revocation is not effective unless executed by the last surviving owner. G. If an owner executes and records more than one beneficiary deed concerning the same real property, the last beneficiary deed that is recorded before the owner’s death is the effective beneficiary deed. H. This section does not prohibit other methods of conveying property that are permitted by law and that have the effect of postponing enjoyment of an interest in real property until the death of the owner. This section does not invalidate any deed otherwise effective by law to convey title to the interests and estates provided in the deed that is not recorded until after the death of the owner. I. The signature, consent or agreement of or notice to a grantee beneficiary of a beneficiary deed is not required for any purpose during the lifetime of the owner. J. A beneficiary deed that is executed, acknowledged and recorded in accordance with this section is not revoked by the provisions of a will. K. A beneficiary deed is sufficient if it complies with other applicable laws and if it is in substantially the following form: ##### Beneficiary Deed I (we) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (owner) hereby convey to \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (grantee beneficiary) effective on my (our) death the following described real property: (Legal description) If a grantee beneficiary predeceases the owner, the conveyance to that grantee beneficiary shall either (choose one): \[fusion\_builder\_container hundred\_percent=”yes” overflow=”visible”\]\[fusion\_builder\_row\]\[fusion\_builder\_column type=”1\_1″ background\_position=”left top” background\_color=”” border\_size=”” border\_color=”” border\_style=”solid” spacing=”yes” background\_image=”” background\_repeat=”no-repeat” padding=”” margin\_top=”0px” margin\_bottom=”0px” class=”” id=”” animation\_type=”” animation\_speed=”0.3″ animation\_direction=”left” hide\_on\_mobile=”no” center\_content=”no” min\_height=”none”\]\[ \] Become null and void. \[ \] Become part of the estate of the grantee beneficiary. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Signature of grantor(s)) (acknowledgment). 1. The instrument of revocation shall be sufficient if it complies with other applicable laws and is in substantially the following form: ##### Revocation of Beneficiary Deed The undersigned hereby revokes the beneficiary deed recorded on \_\_\_\_\_\_\_\_\_\_\_ (date), in docket or book \_\_\_\_\_\_\_\_\_\_\_\_\_\_ at page \_\_\_\_\_\_, or instrument number \_\_\_\_\_\_\_\_\_\_\_, records of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ county, Arizona. Dated: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature (acknowledgment). 1. For the purposes of this section: 2. “Beneficiary deed” means a deed authorized under this section. 3. “Owner” means any person who executes a beneficiary deed as provided in this section. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **Caution**: The above statute was current as of October 8, 2006. Consult current Arizona law to determine if the above statute was modified after that date.\[/fusion\_builder\_column\]\[/fusion\_builder\_row\]\[/fusion\_builder\_container\] ## Leave a Reply You must be [logged in](https://www.keytlaw.com/wp-login.php?redirect_to=https%3A%2F%2Fwww.keytlaw.com%2Fars-section-33-405%2F) to post a comment. --- ### [Memorandum to Officers & Directors of a Newly Formed Arizona Corporation](https://www.keytlaw.com/corp-memo/) **Published:** March 28, 2015 **Author:** Richard Keyt **Content:** The following is a Memorandum that briefly discusses many issues that arise from forming a new corporation in Arizona. See the related KEYTLaw article called [How to Form an Arizona Corporation](https://www.keytlaw.com/azllclaw/corporations/arizona-corporation/). #### KEYTlaw #### Memorandum to Officers & Directors The legal formalities associated with the incorporation of Newcorp, Inc., have been satisfied. Your corporate minute book and stock records are current and complete. Your Articles of Incorporation have been filed, and your Bylaws have been adopted. Shares of stock of the corporation have been issued, and the minutes of your Board of Directors reflect appropriate authorization for these initial steps. The operation of your business in the corporate form may seem to be complex. To make it easier and more understandable for you, your employees, and your advisors, we urge you to read this memorandum with care. This memorandum does not constitute an opinion of law. It is designed to serve only as a broad outline. Specific questions should be directed to your attorney or accountant. As a matter of sound practice, your accountant and your attorney should meet with you at least annually, preferably early in the last month of each fiscal year, to make certain that all necessary corporate steps are taken. 1. **Lawful Activity**. Note that your Articles of Incorporation state that the corporation may engage in the business of making widgets, by and through its officers, agents, and employees. If you have any questions regarding the lawfulness of any activity of your corporation, do not hesitate to call us. 2. **Accounting**. The officers and directors of the corporation are responsible for making certain that the accounting practices and auditing procedures customarily followed by similar businesses are observed in proper and timely fashion by the corporation. Accordingly, your accountant should be kept currently and consistently informed regarding all of your corporation’s business activities. We have not filed an application for the corporation’s federal employer identification number. You should contact your accountant and ask him or her to file an application for a federal employer identification number and a state employer identification number, if necessary. Your accountant is familiar with the state, federal, and local tax requirements concerning the reporting of all transactions by your corporation. He or she will, moreover, assist you in meeting all record-keeping requirements imposed upon your business by reason of its incorporation. For example, your accountant will set up a new set of books. Your accountant will prepare necessary budget and cash forecast data to enable you to determine when your corporation should pay salaries. You should resolve with your accountant questions regarding tax elections, transfers of accounts receivable, and the payment of your accounts payable. All assets transferred by you to the corporation should be appropriately entered upon the books of the corporation by your accountant. Any assets so transferred become the property of the corporation. In the event that you contribute additional cash or other assets to your corporation, please notify us so that we can prepare an additional stock certificate for you. Preparing a new stock certificate is an important step in evidencing your tax basis in your stock and preserving your right to claim ordinary losses on your investment under the Internal Revenue Code, should the need arise. All of your business insurance (public liability, disability, workmen’s compensation, and general) must be acquired by the corporation in its name as the insured, either by assignment or binder. Accordingly, an analysis of your insurance requirements should be made by your accountant, and your insurance agents should be instructed to make any necessary transfers or purchases of new coverages immediately upon commencement of business by your corporation. Your accountant will advise you of when your first fiscal year will end, of what tax elections should be made by you at that time, and of all matters related to the preparation and filing of tax returns and the Annual Report to the Arizona Corporation Commission. 3. **Preliminary Steps to be Taken**. With the assistance of your accountant and, where necessary, with the assistance of your attorney, the following initial steps must be taken immediately: 4. Your letterhead, billheads, etc., if any, should reflect the full name of the corporation, including the expression denoting corporate existence. 5. All of your business cards should be similarly changed to reflect the corporate name. 6. Your bank account should reflect the corporate name. A new bank account opened in the name of the corporation on bank signature cards and forms provided by your bank has been authorized in the action by consent or minutes of the first meeting of your Board of Directors. 7. Any loans that you have made relating to your business should be transferred to and assumed by the corporation when and if your accountant determines that no adverse tax consequences will result from the assumption of liability. New loans made after you commence business in the corporate form should be made in the name of the corporation, even though you may be required to enforce or guarantee the same personally. Whenever a loan is made, it should be approved by a meeting of the Board of Directors of your corporation and an appropriate resolution should be adopted and inserted in the minute book of the corporation. 8. Your business telephone listing and your listing in all trade journals and business directories should be changed to reflect the corporate name, as the opportunity arises. 9. All leases, contracts, and other arrangements that you have regarding your equipment, supplies, office premises, or furniture, or any other contracts or arrangements that you have previously entered into in connection with your business should be modified, assigned, or rewritten to reflect that the corporation has replaced you entirely as the contracting party to each lease, contract, or obligation. 10. The name on the door of your office and any directory or any other signs that you exhibit should be changed to reflect the new corporate name. 11. New workmen’s compensation insurance, as noted above, on all of the principals, including yourself, and on all other corporate employees should be acquired in the corporate name. All insurance policies, except personal policies on your life and health, should be transferred to the corporation. After careful study by your accountant and insurance advisers, you may elect to transfer certain personal life insurance obligations and contracts to the corporation. 12. **Corporate Formalities**. It is critical that you take appropriate steps to maintain the formal integrity of your new corporation. The corporation has a life and existence of its own separate and apart from all other entities and individuals. All important corporate business transactions should be approved by the Board of Directors or shareholders, either at a meeting of the directors or shareholders or by the unanimous consent of all the directors or shareholders without a meeting. The decisions adopted at meetings of directors and shareholders should be memorialized in written minutes of meetings or in resolutions adopted by the unanimous consent of the Board of Directors or shareholders when action is taken without a meeting. All contracts, including employment contracts, buy-sell agreements, profit sharing plans, pension plans, trust agreements, loans, leases, purchase contracts, and corporate brokerage and investment accounts should be made in the name and on behalf of the corporation and should be memorialized by appropriate minutes or resolutions of unanimous consent in the corporate minute book. When signed, these documents should be kept in the minute book or in corporate files, appropriately identified in your minute book. Without limiting the significance of the foregoing general admonitions, it is most important to realize that you are going to be required to formally consider, review, and act upon the following: 1. **Salary and Bonus**. It will be essential for you to establish and adjust, from time to time, the salaries and bonuses of all employees of the corporation, including yourself. If your corporation adopts an employee pension benefit plan, e.g., a pension or profit sharing plan, you are also going to be required to make regular contributions to the plan based upon the total amounts of compensation paid to employees who are plan participants during the year for which contributions are made. If the amounts to be contributed under the plan are discretionary, the amounts should be fixed by an appropriate resolution of the Board of Directors adopted before the end of the fiscal year of the plan. 2. **Issuance of Additional Shares of Stock**. The Board of Directors has the exclusive power to authorize the issuance of additional shares of corporate stock. Any time corporate stock or securities are issued, the transaction must be memorialized by appropriate minutes or unanimous consents of the Board of Directors. 3. **Corporate Minute Book**. If you need to change the number of directors, shareholders, or officers, please call us for guidance in handling the necessary corporate changes and preparing the appropriate corporate minutes or unanimous consents. 4. **Use of Corporate Seal**. We have provided you with a corporate seal, which is found in the front of your minute book. Although there is no legal requirement that a corporate seal be used on any documents under Arizona law, some financial institutions require that you use this in connection with corporate resolutions, loan documents, notes, and the like. You will observe that there is a place for the corporate seal, for example, on your stock certificates. 5. **Corporate Disagreements**. Most questions concerning corporate formalities can be resolved by referring to the Bylaws, employment contract(s), and other documents that are in the minute book or that are being prepared and which will be to you in the near future. If any serious dispute arises among the shareholders and/or directors of your corporation, legal counsel should be sought before the matter escalates to the point of causing irreparable damage to the business. 6. **Basic Responsibilities of Directors and Officers**. 7. **Employee Salaries**. The officers of the corporation who are responsible for paying salaries must see that salaries are paid by the corporation or they may be subject to criminal penalties under Arizona law. 8. **Payroll Taxes**. All payroll taxes must be paid by the corporation. Nonpayment may subject the officers and directors personally to civil and/or criminal liability. 9. **Loans to Directors**. The corporation may loan money to the directors of the corporation only with the prior approval of the shareholders. If the corporation loans money to any of the other directors, you should remember that you can be personally liable for that loan if it is not repaid. Loans to shareholders should be scrutinized carefully because of potential adverse tax consequences. In this regard, you should consult your tax advisor about interest rates and how to structure the loan any time the corporation proposes to borrow or lend property or services to its shareholders, directors, employees, or others who perform services for the corporation. We suggest that you contact us regarding the proper documentation of the loans by or to the corporation. 10. **Duty to Inspect**. A director has the absolute right to inspect all corporate books, records, documents, and property at any time. If he does not exercise that right, he may be held liable for negligence if the corporation suffers a loss or its creditors suffer a loss because the director fails to exercise proper diligence. 11. **Distinction between Officers and Directors**. Directors control the policy of the corporation, and officers put that policy into effect. This difference must be understood. A director may not delegate his authority. For example, a director may not give his proxy to vote at a meeting of the Board of Directors. An officer, generally, may delegate his responsibility and authority. The officers of the corporation serve at the pleasure of the Board of Directors. Even though an officer may have an employment contract that provides him with compensation rights, he may be removed from office at any time by the Board of Directors. A director, on the other hand, may be removed only by the shareholders. A director or officer may resign at any time. A resignation is effective when notice of the resignation is delivered to the corporation. A resignation does not have to be accepted by the Board of Directors, the shareholders, or by an officer. The remaining directors may appoint a new director or fill a vacancy without approval of the shareholders. The shareholders may also elect a director to fill a vacancy that has not previously been filled by the Board of Directors. Directors (not the shareholders) establish salaries. 1. **Dividends**. It is the directors who have the power to declare dividends, not the officers. Before declaring dividends, however, you should consult with both your accountant and your attorney because of the tax implications. 2. **Duties to Corporation and Shareholders**. A director or officer may not compete with his own corporation or take business opportunities of the corporation for his own benefit. In any event, all such transactions will probably have to be disclosed, as a general matter, to the shareholders of the corporation in any corporation where there is a difference between the officers and directors, on the one hand, and the shareholders on the other. A director ordinarily is not entitled to compensation for his services as a director unless the compensation is payable under a contract, by an appropriate by-law, or by a corporate resolution. Remember, the directors have the additional power to fix the salaries of all of the officers. 3. **Other Liabilities**. The director of a corporation must be concerned not only with the ordinary sources of liability, which include improper declaration of dividends or repurchase of corporate shares, fraudulent entries in the corporate books or reports, failure to properly supervise the operations of the corporation, and failure to pay compensation to employees or properly withhold payroll taxes. In addition, the director of a corporation must also be concerned with compliance by the corporation with all of its obligations under the statutes applicable to it as a corporation. Each director should make certain that the corporation is in good standing with the taxing authorities and the Corporation Commission of the State of Arizona; that each of its officers, directors, shareholders, and employees is appropriately licensed, to the extent that licenses are required by law; that the affairs of the corporation are conducted in compliance with laws and all applicable rules and regulations of any agency regulating the business in which the corporation is engaged; and that the corporation makes appropriate reports to any agency regulating the business of the corporation within the required time. 4. **Termination and Dissolution of Corporation**. The corporation should not be terminated or dissolved without consulting with the accountant for the corporation and with us. No pension or profit sharing plan or other compensation agreement should be terminated or altered without careful review and study by the advisers of the corporation. We hope that the foregoing will prove helpful. If you have additional questions, please call us. KEYTLaw, L.L.C. ATTORNEYS AT LAW --- ### [Real Estate Title Insurance Articles](https://www.keytlaw.com/title-insurance-articles/) **Published:** March 28, 2015 **Author:** Richard Keyt **Content:** Most, perhaps almost all, people and entities that acquire real estate should also purchase title insurance insuring the title to the property. Title insurance is especially important for purchasers of real estate. Many things can adversely affect title to land. Title insurance is a small price to pay to protect against title claims that can affect the value of land or even result in the claimant acquiring title from an owner. #### Title Insurance - [What is Title Insurance ](http://www.ctic.com/whatistitle.aspx)– Chicago Title Insurance Company - [Why Do You Need Title Insurance](http://www.ctic.com/whyneedtitle.aspx) – Chicago Title Insurance Company - [Steps in the Title Process](http://www.ctic.com/titlesteps.aspx "Steps in the Title Process") – Chicago Title Insurance Company - [Common Ways to Hold Title](http://www.ctic.com/commontitle.aspx "Common Ways to Hold Title") – Chicago Title Insurance Company - [21 Reasons for Title Insurance](http://www.ctic.com/21Reasons.aspx "21 Reasons for Title Insurance") – Chicago Title Insurance Company - [The Preliminary Report](http://www.ctic.com/PreliminaryReport.aspx "The Preliminary Report") – Chicago Title Insurance Company - [Homeowner’s Policy of Title Insurance](http://www.ctic.com/HomeOwnerspolicy.aspx "Homeowner's Policy of Title Insurance") – Chicago Title Insurance Company #### Title Insurance – Types of Endorsements - ALTA Form 1 – Assessments: This endorsement is designed for use with the ALTA Loan Policy to provide the insured lender with protection against loss sustained by reason of any assessments for street improvements, under construction or completed at the date of the endorsement, having priority over the lien of the insured mortgage. - ALTA Form 2 – Federal Truth in Lending: It covers a lender for a loss arising from a judicial determination terminating the lien of an insured mortgage due to the exercise of a right of rescission granted by the Federal Truth in Lending Act or Consumer Credit Protection Act. - ALTA Form 3 – Zoning Unimproved Land: This endorsement insures certain zoning matters as they pertain to unimproved property. The endorsement specifies the zoning classification and the use or uses permitted thereunder. Issuance of this coverage requires an examination of the applicable zoning ordinances and amendments thereto to determine the particular zone and permitted uses of the insured land. - ALTA Form 3.1 – Zoning for Improved Property: This endorsement covers zoning matters for improved property. Like the ALTA Form 3, it describes the zoning classification and permitted property uses, but additionally, it insures against loss resulting from a court order prohibiting the insured use or compelling the removal or alteration of a structure on the land because of certain specific zoning violations. This endorsement may only be issued on already improved property when a determination can be made as to the property’s zoning classification, uses permitted thereunder, and zoning limitations as to building and building site size. - ALTA Form 4 – Condominium: The ALTA Form 4 endorsement provides insurance that the condominium estate is created in accordance with local laws. In addition, it covers violations of covenants, conditions and restrictions, as well as certain encroachment matters. This endorsement may be issued after a review of the laws, the condominium declarations map and related documents indicates all of the listed assurances can be given. - ALTA Form 4.1 – Condominium : The coverage afforded by this endorsement is essentially the same as the coverage afforded by the ALTA Form 4, F.A. Form 17, and the CLTA Form 115.1; except it provides affirmative coverage that there are no charges or assessments which are due and unpaid at Date of Policy. - ALTA Form 5 – Planned Unit Development: This endorsement provides similar coverage to the ALTA Form 4, but for planned unit developments. The ALTA Form 5 insures against loss or damage due to violations of restrictive covenants, forfeiture or reversion provisions of restrictive covenants, assessments gaining priority over an insured mortgage, compelled removal of improvements due to encroachment and failure of title by reason of a right of first refusal. - ALTA Form 5.1 – Planned Unit Development: The coverage afforded by this endorsement is essentially the same as the coverage afforded by the ALTA Form 5, F.A. Form 18, and CLTA Form 115.2; except it provides affirmative coverage that there are no charges or assessments which are due and unpaid at Date of Policy. - ALTA Form 6 – Variable Rate Mortgages: This endorsement affords insured lenders with protection against loss by reason of, among other things, the invalidity, loss of priority or unenforceability of the lien of the insured mortgage resulting from the provisions therein which provide for changes in the rate of interest (variable rate, convertible, renegotiable rate, adjustable rate, or shared appreciation mortgages). - ALTA Form 6.1 – Variable Rate Mortgages, Regulations: ALTA lender’s renegotiable rate coverage. It is identical with the CLTA Form 111.6 Endorsement. - ALTA Form 6.2 – Variable Rate Mortgage with Negative Amortization: Coverage for a variable interest rate loan which contains negative amortization features may be extended with the ALTA Form 6.2 Endorsement. Disclosure of variable interest and negative amortization provisions in the recorded instrument is necessary to consider issuance of the ALTA Form 6.2. Requests to issue this endorsement will usually be accompanied with a request to issue the policy with a liability for 110 percent or 125 percent of the loan amount. - ALTA Form 7 – Manufactured Housing: To remove doubts as to whether or not a manufactured housing unit or mobile home on subject property is included within the policy coverage, the ALTA Form 7 Endorsement is available. It expands the definition of “land” as used in the policy to include the manufactured housing unit as real property. Issuance of this endorsement relies on provisions in state laws allowing the manufactured housing unit to be converted into real property. If the conversion has been proper and if such unit is now being taxed as a real property improvement, the endorsement may be issued. - ALTA Form 8.1 – Environmental Protection/Residential: This endorsement is designed for use with any ALTA loan policy. When the loan is secured by a deed of trust or mortgage on property used primarily for residential purposes to provide the insured lender with certain protection against loss or damage sustained by reason of loss of priority of the lien of the insured mortgage over any environmental protection liens recorded in the public records or created pursuant to certain state statutes. This Coverage is not available for owner’s policies - ALTA Form 9 – Restrictions, Encroachments & Minerals: This endorsement is designed as an explicit extension of coverage otherwise provided to insured lenders by the ALTA Loan Policy. ALTA Form 9 was developed to meet “off-record” occurrences. The Endorsement extends the lender’s coverage in three general areas: (a) covenants, conditions and restrictions, (b) encroachments, and (c) rights of others to use the surface of the land for mineral development. - CLTA Form 100 – Restrictions, Encroachments & Minerals: This endorsement is designed for use with the ALTA lenders’ policies which cover improved property. The unmodified endorsement is not to be furnished when the insured loan covers raw land or any type of construction loan. The version of this endorsement designed for an owner is the F.A. Form 31.1. - CLTA Form 100.1 – Restrictions, Encroachments & Minerals: This endorsement is designed for use with CLTA lenders’ policies and is identical with the coverage afforded by CLTA Form 100, except that its language conforms with the CLTA Standard Coverage Policy instead of the ALTA Lenders Policy. The considerations, rules and procedures set forth under the CLTA Form 100 above apply also for this endorsement. NOTE:The coverage given by some sections of this endorsement, not usually available to an insured owner, can with approval of local management be given to an owner. - CLTA Form 100.2 – Restrictions, Encroachments & Minerals: ALTA Lender’s – restrictions, encroachments and mineral coverage. This endorsement is identical with the F.A. Form 42 and may be issued in accordance with the procedures set forth herein under F.A. Form 42. - CLTA Form 100.4 – CC&Rs, Violations: This endorsement is designed for use with CLTA or ALTA lenders’ policies where there is a present violation of a particular provision of existing covenants, conditions or restrictions. It may be given with the approval of local management when the violation is minor and in other instances where it is very likely that a court would deny enforcement of restrictions with respect to the violation (e.g., uniform non-observance of a general plan of restrictions as to the violation in question by the persons entitled to enforce the restrictions). - CLTA Form 100.4 – CC&Rs, Violations: The coverage afforded by this endorsement is essentially identical with the CLTA Form 100.4, except that it is designed for use with ALTA or CLTA owners’ policies. - CLTA Form 100.6 – Violation of CC&Rs: It provides coverage to an owner against judicial enforcement of covenants, conditions and restrictions. The coverage extends to present or future violations. Issuance of a CLTA Form 100.6 endorsement is typically predicated on either a uniform noncompliance with the covenants, conditions and restrictions that clearly indicate a court would be reluctant to enforce them or previous litigation setting a precedent for nonenforcement. - CLTA Form 100.12 – Reverter: This endorsement is designed for use with CLTA and ALTA lenders’ or owners’ policies to assure a lender that existing covenants, conditions and restrictions do not contain any enforceable reverter, right of reentry or right or power of termination. To a large extent, the same coverage is provided by CLTA Form 100 which insures against loss occasioned by present and future violations of covenants, conditions and restrictions. However, certain lenders are not satisfied with insurance against loss caused by reversion, but require specific assurance that, in fact, there can be no reversion of title. This endorsement may be given with the approval of local management in the following circumstances: (1) the restrictions have been imposed in a deed or declarations of restrictions in the form of covenants only without express provisions for reversion and without the use of the word “condition” or “conditions” in relation to the imposition thereof; (2) when the holder of the reversion has expressly waived his or her power of termination; (3) when the holder of the reversion has by implication waived his or her power of reversion by permitting uniform violations throughout the neighborhood; (4) where the only effective conditions relate to liquor and it appears that the property in question is in a residential neighborhood and will be used for residential purposes throughout the life of the loan and (5) where the restrictions contain no express provisions for enforcing a reversion but there is language alluding to “conditions” or “reversions”-provided that a specific method of enforcement by injunction or abatement is affordable to other owners in the tract. - CLTA Form 100.29 – Mineral Rights: Protection against damage to existing improvements resulting from exercise or use of a surface right for extraction or development of reserved mineral rights is available with a CLTA Form 100.29. If the surface rights were either expressly waived at the time the minerals were reserved or subsequently released, CLTA Form 100.29 may be issued. If rights of surface entry have not been waived, issuance of the endorsement may be considered depending on the particular case with specific facts, including the nature and value of the mineral interest, local geology, local zoning restrictions of mining activity and existing improvements on the property. - CLTA Form 101 – Mechanics Liens: This endorsement is used with CLTA Loan Policies insuring construction loans in instances where lenders seek protection against loss if mechanics’ liens gain priority over the insured deed of trust, such priority based on the claim that construction began prior to the recording of the insured loan. This endorsement is not designed for use with ALTA policies. - CLTA Form 102.4 – Foundations: This endorsement is used with ALTA or CLTA loan policies where a construction loan previously has been insured and the lender, prior to making an advance, requires assurance that the foundations do not encroach upon adjoining lands or violate existing covenants, conditions and restrictions. Usually following a physical inspection of the property in question, the endorsement may be issued which will assure the insured lender that, at the date of the endorsement: (1) the foundations of the structure under construction on the subject land are within the boundary lines of said land, and (2) the location of the foundations do not violate the covenants, conditions and restrictions referred to in Schedule B. - CLTA Form 102.5 – Foundations: CLTA Form 102.5 is identical to CLTA Form 102.4 except that the insured lender also is assured that the foundations do not encroach onto any easements referred to in the policy. The endorsement may be issued provided: (1) a physical inspection and/or ALTA survey discloses there are no encroachments onto any easements disclosed in Schedule B of the policy; and (2) the location of the foundations does not violate the covenants, conditions and restrictions referred to in Schedule B. - CLTA Form 103.1 – Easement: This endorsement is designed for use with ALTA or CLTA lenders’ policies. Its coverage is broader than that afforded by paragraph 3(a) of CLTA Form 100 endorsement, which is limited to loss resulting from damage to existing improvements located or encroaching upon the easement. It is usually requested by lenders when an item or items appearing in the preliminary title report are unlocatable “blanket” easements. While this endorsement as written is designed to afford protection to lenders, it may be used in appropriate situations to extend coverage to owners. - CLTA Form 103.7 – Public Street Access: This endorsement provides affirmative assurances that the named street is in fact a physically open public street, that the land in question abuts the street and that there is nothing to prohibit access from the land to the street. - CLTA Form 104.1 – Assignment: This endorsement is used with ALTA or CLTA Loan Policies when the beneficial interest in the insured deed of trust has been assigned and the assignee requests the limited assurances that the public records disclose no reconveyance, modification or subordination of the insured deed of trust. - CLTA Form 108.8 – Optional Advances: Frequently, deed of trust forms are drawn to provide security not only for a specified, current obligation, but also to secure future advances (i.e., the form contains an “open-end provision”). In general, the priority of an advance, so secured, against liens and interest arising between the date of trust deed recording and the date the advance is made depends on whether or not the advance is obligatory or optional upon the lender. Where the advance is optional, that priority is contingent upon the lender’s knowledge of intervening rights at the date the advance is made. - CLTA Form 110.5 – Modification of Deed of Trust: This endorsement is designed for use with ALTA lenders’ policies for the purpose of giving assurances to the lender that the insured mortgage or the obligation secured thereby has been modified and as modified retains its priority. - CLTA Form 116 – Address: This endorsement is used with ALTA Loan Policies when a lender is requiring specific coverage determining the address of the insured land and the type of improvement located therein. It also assures the lender that the map attached to the policy shows the current location and dimensions of the land as disclosed by records imparting constructive notice. - CLTA Form 116.1 – Survey: This endorsement is designed for use with CLTA and ALTA owners’ policies and affords assurance that the land described in the policy is the same as that delineated on the plat of survey attached to, and made a part of, the policy. - CLTA Form 116.4 – Contiguous Land: This endorsement may be used with CLTA or ALTA owners’ or lenders’ policies for contiguous land concerns. The need for this endorsement arises under differing circumstances. An example of this would be when a purchaser acquired land adjacent to land already owned by the purchaser, and it is intended that the two parcels shall be used together. In this situation, ownership of a strip between the two parcels, by a stranger, would frustrate the proposed issue. It may be issued when it is determined that the two parcels in question are actually contiguous. Sometimes this requires a survey. - CLTA Form 122 – Mandatory Advance: This endorsement is designed for use with ALTA lenders’ policies when several advances, all secured by the same insured mortgage, are contemplated and a separate endorsement is to be issued as each advance is made. - F.A. Form 23 & 28.2: Both the F.A. Form 23 and the F.A. Form 28.2 are designed to provide coverage to the insured lender against loss sustained by reason of a loss of priority as to future advances (with certain exceptions) made pursuant to a note or revolving credit loan agreement secured by the insured mortgage. Additionally, the F.A. Form 28.2 provides coverage against loss, caused by invalidity, unenforceability or loss of priority due to provisions in the loan providing for variable interest rates. Typically, these revolving credit endorsements may be issued if the loan agreement clearly creates a revolving line of credit which is disclosed in and secured by the recorded mortgage and further creates an obligation on the lender to honor requests for advances so long as the borrower is not in default. Additionally, issuance of the F.A. Form 28.2 necessitates disclosure of the variable interest rate provisions. --- ### [Pay KEYTLaw by Credit Card](https://www.keytlaw.com/pay/) **Published:** December 6, 2013 **Author:** Richard Keyt **Content:** To pay KEYTLaw or one of its attorneys click on the link below and enter your major credit card information in our secure payment web page. - [KEYTLaw’s Online Payment Page](http://tinyurl.com/b6wpmlu) --- ## Content Blocks ### [reviews-birdeye](https://www.keytlaw.com/lscontentblock/reviews/) **Published:** May 23, 2017 **Author:** Richard Keyt **Content:** 424 --- ### [reviews-Google](https://www.keytlaw.com/lscontentblock/google-reviews/) **Published:** October 30, 2021 **Author:** Richard Keyt **Content:** 309 --- ### [author for LLCs](https://www.keytlaw.com/lscontentblock/author-for-llcs/) **Published:** June 13, 2026 **Author:** Richard Keyt **Content:** **About the Authors:** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick 480-664-7478 & rk@keytlaw.com) and his son and law partner former CPA [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky 480-664-7472 & rck@keytlaw.com) are Arizona LLC, business and real estate law attorneys at [KEYTLaw, LLC](https://www.keytlaw.com/) in Scottsdale, Arizona. Rick and Ricky have formed 10,000+ Arizona LLCs. Together they form Arizona LLCs and PLLCs for clients from all over the U.S. and foreign countries. To learn more about forming and operating Arizona LLCs go to the Keyt’s [LLC article library](https://www.keytlaw.com/how-to-form-an-llc-in-arizona/). ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* --- ### [Authors](https://www.keytlaw.com/lscontentblock/authors/) **Published:** May 24, 2026 **Author:** Richard Keyt **Content:** ## **About the Authors** [Richard Keyt](https://www.keytlaw.com/richard-keyt) (Rick) is an Arizona estate planning and LLC attorney at [KEYTLaw, LLC](https://www.keytlaw.com) in Scottsdale, Arizona. He has practiced Arizona law since 1979 and has completed more than 1,000 Arizona estate plans. His son and law partner, [Richard C. Keyt](https://www.keytlaw.com/richard-c-keyt) (Ricky), is an attorney and a former CPA. Together they serve clients throughout Scottsdale, Paradise Valley, Phoenix, Mesa, Tempe, Gilbert, Glendale, Peoria, Surprise, Chandler, and Queen Creek. See their website at and the fee and the [36 documents & services](https://www.keytlaw.com/ep-contents) in their estate plan. --- ### [years practicing ep](https://www.keytlaw.com/lscontentblock/years-practicing-ep/) **Published:** June 7, 2026 **Author:** Richard Keyt **Content:** 25 --- ### [ep-clients](https://www.keytlaw.com/lscontentblock/ep-clients/) **Published:** August 28, 2023 **Author:** Richard Keyt **Content:** 1,000+ --- ### [ep-library-articles](https://www.keytlaw.com/lscontentblock/ep-library-articles/) **Published:** April 26, 2026 **Author:** Richard Keyt **Content:** 36 --- ### [llcsformed](https://www.keytlaw.com/lscontentblock/llcsformed/) **Published:** September 2, 2017 **Author:** Richard Keyt **Content:** 10,000+ --- ### [disclaimer](https://www.keytlaw.com/lscontentblock/disclaimer/) **Published:** May 24, 2026 **Author:** Richard Keyt **Content:** ***Disclaimer**: We are Arizona attorneys, but not your attorney. This information is for educational purposes only and does not create an attorney-client relationship. Arizona laws are unique; always consult a local professional regarding your specific situation.* --- ### [Here to Help](https://www.keytlaw.com/lscontentblock/here-to-help/) **Published:** May 24, 2026 **Author:** Richard Keyt **Content:** ## We Are Here to Help If you have questions about your estate plan, want to review your existing documents, or are ready to create a comprehensive estate plan for the first time, my son Ricky Keyt (attorney and CPA) and I are here to help. At KEYTLaw, we create flat-fee estate plans that include everything you need: a revocable living trust, pour-over will, healthcare and financial powers of attorney, living will, HIPAA authorization, and guardian nomination if you have minor children. --- ### [gift tax exemption](https://www.keytlaw.com/lscontentblock/gift-tax-exemption/) **Published:** May 24, 2026 **Author:** Richard Keyt **Content:** $19,000 --- ### [byline](https://www.keytlaw.com/lscontentblock/byline/) **Published:** September 9, 2023 **Author:** Richard Keyt **Content:** by Arizona estate planning attorneys [Richard Keyt](https://www.keytlaw.com/richard-keyt/) (Rick, the father) and [Richard C. 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To learn who will inherit your assets if you die without a will or a trust see my article called “[Who Inherits Your Property If You Die without a Will or a Trust](https://www.arizona-wills.com/intestate-succession/)” and take my short online quiz called “[Who Inherits Your Property](https://www.arizona-wills.com/inherits/).” If the wrong person or people would inherit your assets, you need to hire us to prepare a will or a trust that leaves your assets to the person or people you want to inherit the assets, not to the people Arizona gives your property to. ## **Why You Need an Estate Plan with a Trust** See our article, “[15 Benefits of Having an Estate Plan with a Revocable Living Trust](https://www.keytlaw.com/benefits/).” Learn the [36 documents and services](https://www.keytlaw.com/ep-contents/) you will get if you hire us to prepare your estate plan with a revocable living trust. ## **Book a Free Consultation** The first step to protect your assets and ensure they go to your desired heir(s) is to book a free office, phone or Zoom video consultation with one of our estate planning attorneys. During this no-obligation meeting, they will answer your questions and design your estate plan. Make a free appointment with: - [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/) (Rick, the father) text or call 24/7 at 480-664-7478 or go to his [online calendar](https://www.keytlaw.com/rk). See Rick’s [virtual business card](https://poplme.co/hash/QB9KVu0Z/1/es). - [Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) (Ricky, the son) text or call at 480-664-7472 or go to his [online calendar](https://www.keytlaw.com/rck). ## **Steps to Hire Us** 1\. Have your free consultation with one of Keyts. 2\. Complete our online [estate plan questionnaire](https://www.keytlaw.com/epq). When you submit the questionnaire our system will send an email message to you and to us that contains all the information you entered into the questionnaire. 3\. Attend your free estate plan consultation. 4\. Come to our office to sign your documents before two witnesses and a notary. The total time from start to signed documents is one to two weeks. --- ### [How to Buy EP](https://www.keytlaw.com/lscontentblock/how-to-buy-ep/) **Published:** September 9, 2023 **Author:** Richard Keyt **Content:** ## **How to Buy Our Estate Plan** 1\. Book a free no-obligation office, phone or Zoom video consultation with one of our estate planning attorneys to get answers to your questions and to plan and design your estate plan. - [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/) (Rick, the father) text or call 24/7 at 480-664-7478 or go to his [online calendar](https://www.keytlaw.com/rk). See his [virtual business card](https://poplme.co/hash/QB9KVu0Z/1/es). - [Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) (Ricky, the son) text or call at 480-664-7472 or go to his [online calendar](https://www.keytlaw.com/rck). 2\. Complete and submit our [online estate plan questionnaire](https://www.keytlaw.com/epq). --- ### [EP call or consult](https://www.keytlaw.com/lscontentblock/ep-call-or-consult/) **Published:** September 9, 2023 **Author:** Richard Keyt **Content:** ## **Book a Free No Obligation Estate Plan Consultation** Adopt an estate plan with a trust now and get peace of mind that your loved ones are protected. The first step to protect your assets and ensure they go to your desired heir(s) is to book a free office, phone, or Zoom video consultation with one of our estate planning attorneys. During this no-obligation meeting, they will answer your questions and design your estate plan. Make a free appointment with: - [Richard Keyt](https://www.keytlaw.com/attorneys-staff/richard-keyt/) (Rick, the father) text or call 24/7 at 480-664-7478 or go to his [online calendar](https://www.keytlaw.com/rk). See Rick’s [virtual business card](https://poplme.co/hash/QB9KVu0Z/1/es). - [Richard C. Keyt](https://www.keytlaw.com/attorneys-staff/richard-c-keyt/) (Ricky, the son) text or call at 480-664-7472 or go to his [online calendar](https://www.keytlaw.com/rck). --- ### [legal assistant appointments](https://www.keytlaw.com/lscontentblock/legal-assistant-appointments/) **Published:** September 1, 2024 **Author:** Richard Keyt **Content:** Michelle Watkins --- ### [beneficiary deed fee](https://www.keytlaw.com/lscontentblock/beneficiary-deed-fee/) **Published:** August 31, 2024 **Author:** Richard Keyt **Content:** $495 --- ### [llc-silver-fee](https://www.keytlaw.com/lscontentblock/llc-silver-fee/) **Published:** March 11, 2023 **Author:** Richard Keyt **Content:** $897 --- ### [llc-gold-fee](https://www.keytlaw.com/lscontentblock/llc-gold-fee/) **Published:** March 11, 2023 **Author:** Richard Keyt **Content:** $1,397 --- ### [ep-single-goldllc](https://www.keytlaw.com/lscontentblock/ep-single-goldllc/) **Published:** August 27, 2023 **Author:** Richard Keyt **Content:** $2,497 --- ### [ep-single](https://www.keytlaw.com/lscontentblock/ep-single/) **Published:** August 27, 2023 **Author:** Richard Keyt **Content:** $3,497 --- ### [ep-married-goldllc](https://www.keytlaw.com/lscontentblock/ep-married-goldllc/) **Published:** August 27, 2023 **Author:** Richard Keyt **Content:** $3,497 --- ### [ep-married](https://www.keytlaw.com/lscontentblock/ep-married/) **Published:** August 27, 2023 **Author:** Richard Keyt **Content:** $4,497 --- ### [llc-bronze-fee](https://www.keytlaw.com/lscontentblock/llc-bronze-fee/) **Published:** March 11, 2023 **Author:** Richard Keyt **Content:** $497 --- ### [legal-assistant-phone](https://www.keytlaw.com/lscontentblock/legal-assistant-phone/) **Published:** October 6, 2018 **Author:** Richard Keyt **Content:** Michelle Watkins at 480-664-7413 --- ### [emails](https://www.keytlaw.com/lscontentblock/emails/) **Published:** January 20, 2019 **Author:** Richard Keyt **Content:** 49 --- ## Categories ### [Uncategorized](https://www.keytlaw.com/category/uncategorized/) --- ### [AZ Law](https://www.keytlaw.com/category/az-law/) --- ### [Good to Know](https://www.keytlaw.com/category/good-to-know/) --- ### [Estate Planning](https://www.keytlaw.com/category/estate-planning/) --- ### [Business](https://www.keytlaw.com/category/business/) --- ### [Video Transcripts](https://www.keytlaw.com/category/video-transcripts/) --- ### [Failure to Plan](https://www.keytlaw.com/category/failure-to-plan/) --- ### [Probate](https://www.keytlaw.com/category/probate/) --- ### [Bank Problems](https://www.keytlaw.com/category/bank-problems/) ---