It is a common story in the Tri-State area. You wake up in your home in Bullhead City, grab your coffee, and drive across the bridge to work in Laughlin, Nevada.
Maybe you bought a rental property on the Nevada side because the taxes were different. Maybe you have a bank account in Arizona but a boat stored in Nevada.
To you, it is all just “home.” The river isn’t a barrier; it’s just a view.
But to the legal system, that river is a wall.
When you pass away, your assets don’t just go to your family automatically. They have to go through a legal process called Probate. And here is the scary part: Probate laws stop at the state line.
I am Keith Knochel, and for over 30 years, I have been helping families in Bullhead City, Kingman, and Lake Havasu—as well as clients in the greater Phoenix area—navigate this exact problem. I started my own law firm in 1987, and my focus includes estate planning, probate, and related cross-border legal issues. I call it the “Border Town Estate Trap.”
If you live in Arizona but own property in Nevada (or vice versa), your family could end up fighting two separate legal battles in two separate courts just to inherit what is rightfully theirs. This is expensive, stressful, and totally preventable.
In this guide, we are going to explain how cross-border probate works, the difference between Arizona and Nevada laws, and how a Living Trust can save your family from a nightmare.
Introduction to Probate and Estate Planning
Estate planning is one of the most important steps you can take to protect your assets, your loved ones, and your legacy. At a trusted law firm, experienced estate planning attorneys guide clients through the process of organizing their affairs, ensuring that their wishes are honored and their families are cared for—no matter what the future holds. Whether you’re in Bullhead City, AZ, Lake Havasu City, or anywhere in Mohave County, having a comprehensive estate plan is essential to avoid probate complications and minimize legal disputes.
Estate planning attorneys, many of whom have graduated from respected institutions like Minnesota Law School or Cooley Law School, bring extensive experience in probate law, family law, personal injury, business law, and commercial litigation. Their broad legal background allows them to address a wide range of legal issues, from drafting wills and living trusts to handling child custody, child support, and even wrongful death claims. By working with a local attorney who understands the nuances of Arizona law and the unique challenges of multiple jurisdictions, you can be confident that your estate planning documents are tailored to your specific needs.
A reputable law firm will help you create and update essential legal documents, such as durable powers of attorney, living wills, and living trusts, to ensure your best interests are protected. These documents not only help you avoid probate but also provide clear instructions for managing your financial and healthcare decisions if you become incapacitated. With a proven track record in probate and estate planning, a skilled probate lawyer can guide you through the often emotional process of settling an estate, addressing tax considerations, and navigating the probate court system.
In areas like Bullhead City AZ and Lake Havasu City AZ, estate planning attorneys must be well-versed in local regulations, including those related to estate taxes, real property, and the probate process. Choosing an attorney who is licensed to practice law in Arizona and has deep roots in the community ensures that your legal work is handled with care and expertise. Whether you’re looking to protect your business, provide for minor children, or simply ensure your assets are distributed according to your wishes, partnering with a law firm that focuses on estate planning and probate law is the best way to safeguard your family’s future and avoid unnecessary legal issues or disputes.
What is “Ancillary Probate” and Why Should You Avoid It?
Most people know that probate is the court process of validating a will and distributing assets. It takes months (or years) and costs thousands of dollars.
But if you own property in two states, you face Double Probate.
- Primary Probate: This happens in the state where you lived (domiciled) when you died. If you lived in Bullhead City, this is Arizona.
- Ancillary Probate: This happens in every other state where you owned real estate. If you have a vacation condo in Laughlin or a cabin in Utah, your family has to open a second court case in that state.
Why is this bad?
- Double the Cost: You need an attorney in Arizona AND an attorney in Nevada. That means two sets of legal fees and two sets of court filing fees.
- Double the Time: The Nevada court won’t release the Laughlin property until the Arizona court finishes its job (or vice versa). It drags everything out.
- Confusion: Arizona laws might say your spouse gets everything, but Nevada laws might say something different if you didn’t have a Will.
Arizona vs. Nevada: Key Differences in Estate Laws
Even though we are neighbors, our laws are different.
Community Property Both Arizona and Nevada are “Community Property” states. This generally means assets acquired during marriage are owned 50/50.
- The Trap: If you moved from a non-community property state (like New York or Ohio) to Bullhead City, your assets might be “quasi-community property.” This gets complicated fast.
Probate Thresholds
- Arizona: You can generally avoid full probate for small estates (personal property under $75,000 or real estate equity under $100,000) using a “Small Estate Affidavit.”
- Nevada: Nevada has different tiers. For estates under $25,000, you can use an affidavit. But for estates between $25,000 and $100,000, you might need a “Set Aside” hearing. For anything over $300,000, it is full probate.
If your Laughlin condo is worth $200,000, your family is stuck in full Nevada probate, even if your main home is in Arizona.
Learn more about our Estate Planning services here.
The Solution: How a Revocable Living Trust Solves the Border Problem
You don’t need two Wills. You need one Trust.
A Revocable Living Trust is the gold standard for cross-border planning. Think of a Trust like a suitcase.
- You create the suitcase (The Trust).
- You put your Arizona house in the suitcase.
- You put your Nevada condo in the suitcase.
- You put your bank accounts in the suitcase.
The Magic Trick: When you die, you don’t own the suitcase. The Trust owns it. And the Trust doesn’t die. Because you don’t “own” the property in your personal name anymore, there is NO PROBATE in Arizona and NO PROBATE in Nevada.
Your successor trustee (usually your adult child or spouse) simply picks up the suitcase and distributes the contents according to your instructions. No courts. No judges. No state lines.
Do I Need an Arizona Lawyer or a Nevada Lawyer?
This is a common question. “I live in Bullhead, so I need an Arizona lawyer. But my property is in Laughlin… do I need a Vegas lawyer too?”
If you do proper planning now, you generally only need one lawyer in your home state to set up the Trust.
- At Knochel Law Offices, we draft Trusts under Arizona law that are valid in all 50 states.
- We help you transfer your Arizona deed into the Trust.
- We can advise you on how to record the deed for your Nevada property to ensure it is properly funded into the Arizona Trust.
However, if you wait until after a death, your family will likely need lawyers in both states to handle the probate. That is why planning ahead saves so much money.
What About “Snowbirds”? (Dual Residents)
We see this all the time. You spend winters in Lake Havasu and summers in Minnesota or Washington. Where is your “domicile”?
This matters for taxes and probate.
- The “6 Month” Rule: Generally, where you spend more than 6 months is your domicile.
- The Evidence: Where do you vote? Where is your car registered? Where is your driver’s license?
Taxation can significantly impact estate planning for snowbirds, especially when your assets or heirs are spread across multiple states or jurisdictions. If it isn’t clear, both states might try to claim you for estate taxes (though Arizona and Nevada currently don’t have a state death tax, other states do). We help Snowbirds clarify their residency to avoid a tax fight between states.
Can I Just Use a “Beneficiary Deed”?
Arizona has a great tool called a Beneficiary Deed (Transfer on Death Deed). It lets your house skip probate. Nevada also allows a “Deed Upon Death.”
The Problem: You have to file one in each state.
- If you file an Arizona Beneficiary Deed, it only fixes the Bullhead house.
- You would need to file a separate Nevada Deed Upon Death for the Laughlin property.
Also, if your beneficiary dies before you, or if you become incapacitated (dementia/stroke), these deeds don’t help. A Trust handles all of those “what if” scenarios much better.
How Can Knochel Law Offices Help Me?
We have been serving the Tri-State area for over 30 years. As a law practice with a proven track record in estate planning and cross-border matters, we understand the unique life of living on the river.
When you hire us, we:
- Analyze Your Assets: We look at everything—Arizona, Nevada, California, and beyond.
- Draft a Custom Plan: We create a Trust, Will, and Powers of Attorney that work across state lines.
- Fund the Trust: We don’t just give you a stack of papers. We explain how to actually move your deeds and accounts into the Trust so it works.
Our comprehensive legal services cover estate planning, probate, and related legal needs, ensuring you receive personalized support for your situation.
Contact us today for a consultation.
Key Takeaways
- Probate Stops at the Border: A Will does not automatically fix property in another state. You face “Ancillary Probate.”
- Trusts are Borderless: A Living Trust avoids probate in every state at once.
- Domicile Matters: You need to legally establish which state is your primary home to avoid tax and legal confusion.
- DIY is Dangerous: Using an online form for multi-state property is a recipe for disaster. Laws in AZ and NV differ.
- Act Now: Fixing this after a death costs 10x more than fixing it now.
Frequently Asked Questions (FAQs) About Cross-Border Estate Planning
These FAQs address common concerns clients have about cross-border estate planning.
1. Is my Arizona Will valid in Nevada? Generally, yes. Under the “Full Faith and Credit” clause, Nevada accepts a valid Arizona Will. HOWEVER, a Will guarantees probate. It doesn’t avoid it. It just tells the Nevada judge who gets the property after the court process.
2. What if I own a timeshare in Las Vegas? Timeshares are real estate! If it is deeded, it has to go through Nevada probate. Many people spend $5,000 on probate to transfer a timeshare worth $2,000. A Trust solves this instantly.
3. Do I need separate Powers of Attorney for Arizona and Nevada? Ideally, yes. While an Arizona financial Power of Attorney should be accepted in Nevada, some Nevada banks are picky. If you spend a lot of time in Laughlin (or go to the hospital there), having documents that reference Nevada statutes can save time in an emergency.
4. How much does a Living Trust cost? It is more than a simple Will, but far less than the cost of two probates. We offer flat-fee pricing so you know exactly what to expect.
5. What about my car or boat registered in Nevada? Vehicles are handled by the DMV (Arizona MVD or Nevada DMV). They usually have simple forms to transfer on death without probate. We can guide you on how to title them.
6. Does a Trust protect my assets from lawsuits? A Revocable Living Trust does not protect you from your own creditors (like a car accident lawsuit). It is for probate avoidance. For asset protection, you might need an LLC or an Irrevocable Trust.
7. I moved to Bullhead from California. Is my old Trust still good? Probably, but it needs a review. California laws are different. Also, if you sold your CA house and bought an AZ house, we need to make sure the new house is actually in the Trust.
8. What is the “Estate Tax” situation? Good news: Neither Arizona nor Nevada has a state inheritance tax. The federal exemption is currently very high (over $13 million for 2024). Most families won’t pay death taxes, but probate fees are the real cost.
9. Can I make changes to my Trust later? Yes. A “Revocable” Trust can be changed, amended, or revoked at any time while you are alive and competent.
10. Why do I need a lawyer? Can’t I use LegalZoom? Online forms don’t ask, “Do you have a condo in Laughlin?” They spit out a generic document. If you miss one signature or one deed recording, the whole plan fails. We provide peace of mind.
11. What is a living will, and do I need one? A living will is a legal document that specifies your preferences for life-sustaining medical interventions if you become unable to communicate your wishes. It is an important part of advance healthcare planning and can help ensure your medical care aligns with your values.
12. Can your firm help with other legal matters like divorce, bankruptcy, or criminal defense? Yes, our firm has experience in areas such as divorce, bankruptcy, and criminal defense. We can provide legal representation or referrals to trusted professionals as needed to address your broader legal needs.
Don’t Leave Your Family a Legal Mess
You worked hard for your property on both sides of the river. Don’t let the courts take a chunk of it.
At Knochel Law Offices, we make estate planning simple for Bullhead City, Kingman, and Lake Havasu residents.
Visit our website to learn more.
Call us today. Let’s build a plan that crosses state lines as easily as you do.
Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. For recent legal developments and case summaries, please visit our news page. Information on this website may not constitute the most up-to-date legal or other information.
