Living trust requirements
Arizona
What you need to create a valid revocable living trust in Arizona.
Notarization
Recommended
Not legally required
Witnesses required
None
No witnesses needed
Community property
Yes
Online notary
Authorized
Since 2020
Execution requirements
Notarization — Recommended only
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Witnesses — None required
Unlike wills, living trusts in Arizona do not require witnesses.
Written and signed by settlor
The trust document must be in writing and signed by you (the settlor) while of sound mind and at least 18 years old.
Arizona-specific notes
Community property
Arizona is a community property state. Assets acquired during marriage are jointly owned by both spouses.
Married couples should consider a joint revocable living trust, which allows both spouses to transfer community and separate property into one trust and name each other as co-trustees.
Funding the trust
Creating the trust document is only the first step. The trust only controls assets that have been formally transferred into it.
- •Real estate: Execute a new deed in Arizona naming the trust as owner, then record it with the county
- •Bank & brokerage accounts: Contact the institution to retitle the account to the trust
- •Vehicles: Contact the Arizona DMV to transfer the title
- •Life insurance & retirement accounts: Update beneficiary designations (these pass outside the trust)
This information is general in nature and not legal advice. Laws change — consult a licensed estate planning attorney in Arizona for guidance specific to your situation.