Legal Question in Wills and Trusts in Arizona
Public Record? Will and Trusts
Do Wills and Trusts have to be filed with the State, to become a matter of public record after a person has died? If so, how long do they have to file this paperwork with the state?
2 Answers from Attorneys
Re: Public Record? Will and Trusts
A Will becomes part of the public record when it is filed for probate. If there are no assets in the estate of the deceased, then there is no need for a probate. If the assets in an estate amount to less than $50,000, then an affidavit may be filed with a copy of the Will, to show who is entitled to receive a share of the estate.
If the deceased placed all of his/her property in a trust, there would be no probate as the Will would be of no force or effect. The trust agreement controls the distribution of income and assets in the trust. You can file an action to have the court review the action of the trustee and the administration of the trust.
Re: Public Record? Will and Trusts
If a probate case is opened, then the will becomes public record. Whether a probate is opened depends on the value of the deceased person's property at the time of death.
A trust does not become public record.
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