San Tan Valley Estate Planning Lawyer

San Tan Valley Estate Planning Attorney

No one wants to think about their passing, with plenty of seemingly more pressing concerns to attend to. However, taking steps now can ensure your wishes are met and can save your family trouble in the future. A San Tan Valley estate planning lawyer can help you make arrangements that take care of your loved ones after you are gone.

About Us

At CDM Law Firm, our team has spent decades representing the people of San Tan Valley, Queen Creek, and throughout Southern Arizona. Our founder, C. David Martinez is an Arizona native with over 25 years of legal experience. Our practice has an A+ Rating from the Better Business Bureau.

Overview of Estate Planning in Arizona

Estate planning is an important process that most Americans put off or never get around to. A 2025 survey found that under half of people had any after-death arrangements, with 24% having a will, 13% holding a living trust, and 4% using other estate planning documents. Most understand how crucial these plans can be, but 43% said they hadn’t gotten to them yet.

Estate planning is the legal process of establishing how your assets are handled when you are either incapacitated or gone. The two major types of arranging documents are wills and trusts.

Wills

A Last Will and Testament is the most common type of estate planning document and is often included in other arrangements. A will involves the testator detailing in writing who the guardian for any minor children is, naming beneficiaries and designating what they receive, and proclaiming the personal representative responsible for carrying out the will’s terms. The document may be handwritten and must be signed by at least two witnesses.

One factor to keep in mind when designing a will is who may be disqualified from serving as your personal representative. The courts may deny a designation as a personal representative if the person named is deemed unsuitable due to criminal history, is a minor, is a foreign corporation, or for any other relevant reason.

Wills go through the probate process. Probate in San Tan Valley is handled through the clerk’s office of the Superior Court of Pinal County, located at 971 North Jason Lopez Circle Building A, Florence, AZ 85132.

Trusts

Trusts are a more complex and flexible legal document. Trusts involve a grantor who creates the arrangement, a trustee who is responsible for managing it, and beneficiaries who receive the assets. Unlike wills, trusts can take effect while still alive and are handled privately outside the court system.

The two main categories are revocable living trusts and irrevocable trusts. A living trust allows modifications to be made at any time after its creation, providing greater flexibility. An irrevocable trust cannot be changed after it is established. They are often used to protect assets from creditors and as an element of tax planning.

Hire an Estate Planning Lawyer

Estate planning is often a complex and frustrating realm of law to handle on your own. Even a simple will can be confusing for those without years of legal experience. Hire an estate planning lawyer to assist you in securing a future for when you are incapacitated or gone. Your San Tan Valley estate planning attorney can guide you through every stage of the process. A few services they can provide include:

• Advice on estate plan type. Your attorney can go over wills, trusts, and other estate arrangements with you to determine which plan matches your needs.
• Draft documents. Estate documents require specific language. Ambiguity or errors can lead to many problems for your loved ones later on. Experienced legal counsel can draft your estate plans. They can avoid easy mistakes and can make your wishes clear.
• Update and manage your estate plans. Many things can change in the time following your initial estate arrangements. An estate lawyer can address concerns that may arise and update your plans to match current realities.

FAQs

What Is the Difference Between an Estate Planning and Probate Lawyer in Arizona?

The main difference between an Arizona estate planning and probate lawyer is the time period that they focus on. An estate planning attorney prioritizes preparing documents while a person is still around to prevent any future issues. A probate lawyer is hired after someone has passed to assist with the often confusing probate process. Both tend to overlap significantly in legal knowledge.

How Much Does an Estate Planning Attorneys Cost in Arizona?

How much your Arizona estate planning attorney costs depends on the estate structure you need help with, the complexities of your case, and the work hours it requires. A simple will with minimal provisions tends to be cheaper than a case involving a detailed trust with multiple interlocking aspects. Another contributing factor to the cost is the billing model, with different firms utilizing hourly rates, retainer expenses, or a flat fee structure.

What Is the Difference Between a Will and a Trust in Arizona?

In Arizona, a will and a trust have many differences between them that can address different needs. Wills are the simpler of the two documents, often cheaper and easier to set up, with minimal maintenance required. A living revocable trust, the most common type, is a more advanced legal arrangement that offers more flexibility and specificity in how your assets are handled. An estate planning attorney can help you decide which one matches your situation.

What Are the Benefits of a Trust vs. a Will in Arizona?

There are many benefits that a trust brings compared to a will to consider when estate planning. The first is that a trust can take effect when the trustor is alive but incapacitated. Another advantage is that trusts avoid the lengthy, public probate process. This grants your family privacy in the event of any potential disputes that may arise during their grieving period.

Speak With an Estate Planning Attorney Today

CDM Law Firm has the knowledge, skills, and experience to help with your estate planning. Contact us today for a free consultation to learn your story and discuss estate planning options. You may also visit our Queen Creek office, located on East Ocotillo Road near San Tan Animal Hospital and the Shoppes at Indigo Trails.