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Legislative Changes in Arizona

By Gerry W. Beyer

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The Arizona Legislature has made several changes affectingestate planning, effective September 12. 

Simplified probate proceedings will now be possible for moresmall estates.  Persons entitled topersonal property valued at less than $50,000 were entitled to collect it witha simple affidavit.  The real propertylimit was $75,000.  Now, the personalproperty limit will go up to $75,000 and the real property limit will go up to$100,000.

Further, the Arizona legislature has explicitly protected Section529 plan accounts, which set aside money for children’s education, frombankruptcy.

The Arizona legislature has also made it more difficult forsurviving spouses to legitimately withdraw money from trusts that becomeirrevocable after the death of their spouse. 

See RobertFleming, Arizona Legislative ChangesEffective September 12, Fleming & Curti PLC, Aug. 26, 2013.

Special thanks to Naomi Cahn (JohnTheodore Fey Research Professor of Law, George Washington University School ofLaw) for bringing this article to my attention.

Posted in:
Estate Administration, Estate Planning - Generally, New Legislation and Trusts