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Living vs Testamentary Trusts
Trusts are powerful estate planning tools — but not all trusts work the same way. Here's a clear, plain-English comparison of the two main types you'll encounter in Arizona.
The Two Trust Types
Living trusts begin now. Testamentary trusts begin later.
The simplest way to remember the difference is to think about when the trust can start working.
Living Trust (Revocable Living Trust)
Created by the grantor during their lifetime. Anyone looking to start a trust while they're alive can make one. Living trusts have the major advantage of avoiding the legal challenges that can arise during probate.
Testamentary Trust
Created by the grantor's will and doesn't activate until the will becomes effective — which happens upon their passing. These trusts must go through the entire probate process before they take effect.
Key Considerations
Why the timing of your trust matters.
Probate Avoidance
Living trusts can sidestep probate entirely, keeping your affairs private and reducing court involvement for your loved ones.
Probate Required
Testamentary trusts must go through the full probate process before assets can be distributed — which can mean delays and added cost.
Flexibility
A revocable living trust can be updated as your life and family change — you remain in full control during your lifetime.
Right Fit For You
Both options have a place in estate planning. We'll help you choose the structure that fits your goals, family, and assets.
Client Reviews
What Our Clients Say
Google
"Nicole and her team have been extremely helpful, knowledgeable, professional, and kind. We have such peace of mind going with Nicole."
SS
Shauna S.
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Google
"From initial communication through final signatures and continued support — just fantastic. Recommend her 100% for your Phoenix, AZ estate planning attorney."
AP
Anthony Polletta
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Google
"Nicole and her team are wonderful to work with because of their timeliness, expansive knowledge, and attention to detail."
DJ
Dylan Jones
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Google
"Nicole and her staff did an excellent job of making a seemingly complex process simple. I would highly recommend her."
MA
Marc A. Morales De Castillo
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Google
"Nicole's expertise and attention to detail in preparing our estate documents were commendable. They made the complex task of estate planning easy to navigate."
JC
Jim Cantwell
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Google
"Nicole and her team supported very well in writing a will, it was pretty smooth and they were very transparent in explaining all the details."
DS
Durga Sirigirisetti
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Google
"Every step of the process was a well-oiled machine. The process was easy to follow and seamless. Happy to recommend them to anyone."
MP
Melissa Panks
Verified Google Review
Google
"Found Nicole online... thanks to her stellar reviews. Easy to work with, thorough, and pretty straightforward process. Would recommend."
VK
Vikas Khanna
Verified Google Review
Google
"Nicole and her team have been extremely helpful, knowledgeable, professional, and kind. We have such peace of mind going with Nicole."
SS
Shauna S.
Verified Google Review
Google
"From initial communication through final signatures and continued support — just fantastic. Recommend her 100% for your Phoenix, AZ estate planning attorney."
AP
Anthony Polletta
Verified Google Review
Google
"Nicole and her team are wonderful to work with because of their timeliness, expansive knowledge, and attention to detail."
DJ
Dylan Jones
Verified Google Review
Google
"Nicole and her staff did an excellent job of making a seemingly complex process simple. I would highly recommend her."
MA
Marc A. Morales De Castillo
Verified Google Review
Google
"Nicole's expertise and attention to detail in preparing our estate documents were commendable. They made the complex task of estate planning easy to navigate."
JC
Jim Cantwell
Verified Google Review
Google
"Nicole and her team supported very well in writing a will, it was pretty smooth and they were very transparent in explaining all the details."
DS
Durga Sirigirisetti
Verified Google Review
Google
"Every step of the process was a well-oiled machine. The process was easy to follow and seamless. Happy to recommend them to anyone."
MP
Melissa Panks
Verified Google Review
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