Arizona Secondary & Practice Materials

Estate planning law involves more than just preparing a will. It is a process that involves arranging the management and disposal of a person's estate, during their lifetime and after. Estate planning overlaps to a degree with elder law, which addresses issues such as long-term care provisions. Probate is simply the process by which a court "proves" a will is valid in court. It is usually the first step in the administration of an estate of a deceased person. 

Community Property Law -- (Thomson Reuters, 3d ed., vol. 4) (KFA2480.A74 2004). Part of the Arizona Practice Series. Arizona is a community property state. As community property law controls the division of assets in Arizona marital estates, estate planning requires an understanding of community property law. 

The third edition of this volume provides comprehensive treatment of community property in Arizona, adding new material to chapters 2, 13, and 16, as well as new forms, illustrations, and checklists. Appendix contains the Uniform Marital Property Act; Uniform Disposition of Community Property Rights at Death Act 1971 Act; and Arizona statutes affecting community property. Table of laws and rules, table of cases, and index included. Updated annually.

• Part I covers the history and development of community property law in Arizona.
• Part II address acquisitions, specifically: separate property; jointly held property; prerequisites for community property; acquisitions of community property; retirement benefits and life insurance, and mixture. 
• In Part III, management of community property, specific topics include: management prior to 1973; post-1973 management; and transactions requiring joinder. 
• Part IV discusses liabilities and obligations including 1973 changes and community and separate liability. 
• In Part V, dissolution (transmutation), covers: methods of termination; termination by death; and dissolution of marriage.

2023 Advanced Issues in Probate, Trust Law and Estate Planning -- (State Bar of Arizona) (KFA2544.T96 2023). Advanced (and intermediate) issues in estate planning, intersection of family law and trust and estate issues, professionalism and advocacy in a virtual age, AI in estate planning, litigation questions and considerations regarding confidentiality and the privilege, and whether to content or not contest in terrorem clauses.

Advanced Issues in Probate, Trust Law and Estate Planning -- (State Bar of Arizona) (KFA2544.A75 A383 2014). Advanced (and intermediate) issues in probate, trust, billing and fees, drafting and forms, guardianship, conservatorship and estate planning discussed by experts in the fields and judges. 

• Specific topics include: review of new cases; legislative update (the McGathy effect of amendment of Rule 54 on probate matters, and H.B. 2327 and 2093; motions to disqualify; special "pain in the assets" discussions cover the family jewels, pet trusts, property outside Arizona, qualified plans and IRA's not listed by Larsons; complications in administering working mineral interests; rules for fine art in tax returns; tangible person property; classified "assets;" Enron stock and Remington's painting; assets subject to the National Firearms Act and equines; view from the bench discussion on receiverships and JA and JO do's and don'ts; vicarious trauma and the impact on trust and estate professionals; and ethics in probate and estate planning.

Arizona Estate Administration Answer Book: Practical Answers to Common Questions for Any Size Estate in Arizona -- (Lulu, Inc.) (KFA2547.B68 2010). Written by an Arizona attorney in easy-to-read question and answer format, this book addresses practical issues that commonly arise upon the death of an Arizona resident or a non-Arizona resident who owned property in Arizona. 

• Unique aspects of Arizona law are emphasized wherever possible along with substantial amount of general information. 
• Chapter topics include: initial matters; getting organized; creating fiduciary authority; identifying beneficiaries; transferring assets; closing the estate, and special topics. 
• A detail table of contents is provided at the end of the book, serving as an index to questions contained in each chapter.

Arizona Estate Planning and Probate Handbook -- (Thomson Reuters, vol. 12) (KFA2480.A74 2007).  Part of the Arizona Practice Series, this volume is meant to serve as a guide through the key areas and issues that may be faced on a day-to-day basis by estate planning and probate practitioners. 

• Major topics covered in the handbook are: fundamental matters of planning and practicing; healthcare and end-of-life decisions; intestate succession and wills; probate of wills and estate administration for domestic and foreign personal representatives; guardianships, conservatorships, and powers of attorney; non-probate transfer issues; disclaimers; abuse, neglect or exploitation of vulnerable adults; and Arizona Trust Code. 
• Analysis of relevant statutes, court rules, and case law. 
• Contains sample forms and practice points. Includes table of laws and rules, table of cases, and index.
• Updated annually.

Asset Protection in Arizona: Where Estate Planning, Bankruptcy and Creditor-Debtor Law Intersects -- (State Bar of Arizona) (KFA2622.F7 A87 2015). Seminar manual covers range of topics including: client intake; overview of the collection process; Uniform Voidable Transactions Act; amendments to the Uniform Fraudulent Transfer Act; domestic asset protection trusts; offshore or international trusts (IAPT); charging order protection; Arizona statutory exemptions, bankruptcy issues in asset protection planning; ethical issues in asset protection planning; and attorney civil liability issues.

Estate Planning and Probate Track - CLE by the Sea -- (State Bar of Arizona, vols. 1 & 2) (KFA 2544.A75). Materials from three-day seminar series on probate and estate planning. Consists of 2 separate volumes.

• 2016 - (KFA2544.A75 E88 2016). Addresses practice of estate planning and administration, estate planning with corporations, LLCs, and partnerships; elder and special needs planning for the modest and the affluent. Includes case law and statutory updates.
• 2017 -- (KFA2544.A75 E883 2017). Discussion of tax planning in an era of portability and complex assets; thoughtful planning for elderly and disabled clients, and complex estates administration and practice management
• 2018 -- (KFA2544.A75 E885 2018). Covers advanced estate planning, intersection of family law and probate, and ethics for probate, guardianship/conservatorship and estate planning attorneys

Estate Planning in Arizona: What You Need to Know -- (Wheatmark) (KFA2540.L66 2008). Written for Arizonans with little or no legal experience and intended to make a complex subject a little bit simpler. The book is divided into five parts: wills and trusts; probate; powers of attorney and medical directives; property and gifts; and an appendix of forms.

Fundamentals Still Matter: A Booster on Estate Planning Concepts Learned Long Ago (and Maybe Forgotten?) and Their Relevance Today -- (State Bar of Arizona) (KFA2540.A75 F86 2014). Intermediate level materials covering essential concepts of estate planning that impact all levels of planning.

• Manual first discusses bypass trusts for spouses including current state of the estate tax; typical mechanics for an "A-B" trust; what a trust says; community property finding; disclaimer option; finding formulas and the marital/QTIP. 
• Discussion of property in probate land follows, including quasi-community property and probate; aggregate theory of community property; management of community property when one spouse is incapacitated; inadvertent conversion to community property; treating property as community after death of one spouse; and community property for same-sex couples. 
• Lastly, the rule against perpetuities in Arizona is addressed, including background on the rule; significant provisions of the current AZRAP; Arizona's constitution; Delaware tax trap, step-up in basis of trust assets and AZRAP; and decanting, GST and AZRAP. 

See also combined estate planning and probate materials above.

Advanced Issues in Probate, Trust Law and Estate Planning -- (State Bar of Arizona) (KFA2544.A75 A383). Advanced (and intermediate) issues from seminar series on probate and estate planning. 

• 2014 -- (KFA2544.A75 A383 2014). Includes new cases and legislative update on the McGathy effect of amendment of Rule 54 on probate matters. Addresses motions to disqualify; vicarious trauma and the impact on trust and estate professionals; and ethics in probate and estate planning.
• 2016 -- (KFA2544.T96 2016). Discussion of 2015-2016 cases; succession planning; estate planning and drafting; same-sex married couples and their estate planning; new rule 15-0023; what probate attorneys need to know about family law; and HIPPA/digital security/malpractice avoidance.
• 2018 -- (KFA2544.A75 A384 2018). In addition to update on new cases, practical suggestions and updates on malpractice avoidance; view from the bench, legislative update; and a call to reform and the Task Force on Arizona Rules of Probate Procedure.

Arizona Probate Code Practice Manual -- (State Bar of Arizona, 5th ed., vols. 1 & 2) (KFA2544.A97 2022). Two-volume edition reflects changes in probate since the fourth edition, including addition of a chapter on the Uniform Adult Guardianship Protective Proceedings Jurisdiction Act (UAGPPJA), a chapter on special ethical and evidentiary (privileges) issues, expanded chapter on fiduciary fees and attorney fees, and a completely rewritten chapter on trusts to reflect the adoption of the Arizona Trust Code.

• Volume 1 consists of 14 chapters that cover: general information; special ethical issues relating to fiduciary's lawyer and decedent's lawyer; fiduciary fees and attorney fees; intestate succession; wills; protection of family against disinheritance, allowances and exempt property; estate and administration; ancillary administration, problems in handling multi-state estates; non-probate transfers; trusts; guardianships; protection of property of minors and person under disability, conservatorships; UAGPPJA; and alternatives to guardianship and conservatorships. Volume 1 also contains a list of commonly used acronyms. 
• Volume 2 consists of probate forms divided into probate/estate administration forms; conservator/guardianship forms; and mental health forms. Comments and instructions to forms included. Index to forms is located at the front of the volume. 

Arizona Probate Law and Rules -- (Thomson Reuters) (KFA2544.A293 1995). Collection of relevant probate laws from Arizona Revised Statutes and rules of probate procedure, plus local rules of practice of Arizona Superior Courts, and the Code of Judicial Administration. Includes a combined index. Updated annually.

Probate & Estate Planning: A Practical Approach -- (State Bar of Arizona) (KFA2544.A75 P764 2014). Discusses the effects of U.S. v. Windsor on DOMA in estate planning and updates T&E litigation and legislation at federal and Arizona level. Addresses advanced estate planning and trust/probate administration, resolving probate and trust disputes without protracted litigation, and the continuing evolution of Arizona probate rules and procedures.