Every year, when the weather turns cold up north, our town changes. Thousands of people pack their bags and head south to the warm sunshine. If you are one of these people, welcome! You are what we lovingly call a “snowbird.” You get to enjoy the beautiful weather, the Colorado River, and the wonderful community we have here.
Many winter residents buy a second home here. They want a comfortable place to stay. You might have a nice house in Bullhead City, or maybe a condo in Lake Havasu. This is a dream come true for many people. But owning a home in two different states brings up a very big question. What happens to your Arizona house when you pass away?
You might think, “I am perfectly fine. I have a will back home in Washington, Illinois, or Minnesota.”
But there is a catch. A big one. Having a will in your home state is not always enough to protect your house in Arizona. In fact, relying only on your home state will can create a huge, expensive mess for your family after you are gone.
My name is Keith Knochel, and I am the owner of Knochel Law Firm. At the Knochel Law Office, we have been practicing law since 1982. We have seen this problem happen over and over again. Families come to us confused and upset because they thought their parent’s home state will covered everything.
In this article, we will talk about why this happens. We will explain the rules in simple words. We want to help you make the best choices for your family’s future.
What Are the Key Takeaways for Snowbirds in Bullhead City Who Need an Arizona Will?
Before we get deep into the details, here are the most important things you need to know from this post:
- Real Estate is Local: Your home state will might be legal, but Arizona courts have the final say over the dirt and houses located inside Arizona lines.
- The Double Court Problem: If you only have an out-of-state will, your family might have to go through probate court in your home state AND probate court in Arizona. This is called “ancillary probate.”
- Time and Money: Going to court in two states means paying two sets of fees. It can easily take over a year to fix.
- Medical Emergencies: Local hospitals want to see local forms. If you get sick, an Arizona healthcare power of attorney is much easier for local doctors to understand.
- Community Property: Arizona has different rules for married couples than many northern states. This can change who actually owns your house.
- You Can Stop It: By working with local attorneys to set up an Arizona will or trust, you can keep your family out of the double-court trap.
If you want to talk about fixing your plan right now, you can easily visit our website to get started.
What Happens If Snowbirds in Bullhead City Only Have Their Home State Will?
Let’s look at a story. Imagine a man named Bob. Bob lives in Michigan for the summer. He lives in Bullhead City for the winter. Bob is a smart guy. He went to a lawyer in Michigan and made a very good will. His will says, “I leave everything I own to my daughter, Sue.”
When Bob passes away, Sue takes the Michigan will to the Michigan court. The judge says, “Okay, Sue. You can have Bob’s bank accounts and his Michigan house.”
But then Sue tries to sell Bob’s house in Bullhead City. The real estate agent tells her she cannot sell it. Why? Because the Michigan judge has zero power in Arizona. The state of Arizona does not care what a Michigan judge says about Arizona land. Real estate is ruled by the state where the dirt sits.
Because Bob only had a Michigan will, Sue now has to hire a lawyer in Arizona. She has to open a brand new court case in Arizona. She has to pay more fees. She has to wait many months.
Is Bob’s Michigan will valid in Arizona? Yes, mostly. Arizona law says that if a will was signed correctly in another state, Arizona will usually accept it. But “accepting” it does not mean your family skips the court process. It just means the Arizona judge will read the Michigan will while dragging your family through the Arizona court system.
We want to help you avoid this. Our corporate offices are in Bullhead City, Arizona, but we also have satellite offices in Kingman, Arizona, and Lake Havasu, Arizona. We are always nearby to help. You can learn more about our team by clicking our legal team.
Why Do Snowbirds in Bullhead City Need an Arizona Will to Avoid Ancillary Probate?
Let’s talk about a big legal word. The word is “Ancillary Probate.”
“Probate” is the court process of giving away your stuff after you die.
“Ancillary” means extra or secondary.
So, ancillary probate means an “extra court process.”
If your main home is in another state, your main probate happens there. The ancillary probate happens here in Arizona. This is a very common problem. According to national legal data, having to go through a second probate can drain an extra 5% to 10% of the property’s total value in legal fees, court costs, and travel expenses.
Think about that. If your Bullhead City home is worth $300,000, your family might lose $15,000 to $30,000 just because they had to do an extra court case. That is money that should go to your kids or grandkids, not to court fees!
Here are some stats that very few people are talking about. A recent study by Caring.com showed that almost 68% of Americans do not even have one single will. Among snowbirds who do have a will, fewer than 20% have created a specific plan that links both of their state properties together correctly. This means a massive number of winter residents are leaving a hidden trap behind for their kids.
When you go to the best restaurants in town or look for the best golf courses near me, you plan ahead. You make reservations. You should do the same thing for your family’s future. Planning ahead stops the double court process.
OUR lawyers know how to set up your papers so that your Arizona home passes to your kids smoothly. We can often use tools like an Arizona Beneficiary Deed or a Living Trust. These tools act like a fast-pass at an amusement park. They let your family skip the Arizona court line completely.
The Danger of Local Medical Emergencies
It is not just about houses and land. It is also about your health and your body.
As we get older, health emergencies happen. Sometimes, someone might fall and hit their head. Sometimes, a stroke or a heart attack happens without warning. When these scary things happen, you will likely be rushed to a local hospital.
Your family might fly down to be with you. They will tell the doctor, “We have a medical power of attorney from Ohio. It says we can make choices for our dad.”
Here is the problem. Hospitals are scared of getting sued. If a doctor sees a legal paper from Ohio, they might be confused. The Ohio paper might use different words. It might have different rules about life support. Because the hospital staff does not know Ohio law, they might send the paper to their legal team to check it.
While the hospital lawyers are checking the paper, hours or even days could pass. During that time, your family cannot make choices for your care. That is a terrible and scary wait.
If you want the best medical care near me, you need to make it easy for the local doctors to help you. Having an Arizona Health Care Power of Attorney and an Arizona Living Will solves this problem instantly. When you hand the doctor a standard Arizona form, they know exactly what it is. They can let your family step in and help right away.
Arizona is a Community Property State
Here is another fact that catches many snowbirds by surprise. The laws about marriage and property are completely different in the West than they are in the Midwest or the East.
There are two main types of property laws in America: “Common Law” and “Community Property.”
Most northern and eastern states use Common Law. Arizona uses Community Property.
What does this mean for you? In a Community Property state like Arizona, any property you buy while you are married is usually owned equally by both the husband and the wife. It is a 50/50 split.
If you buy a house in Bullhead City while you are married, Arizona law might view that house very differently than your home state would. If your out-of-state will says, “I leave my half of the house to my son from my first marriage,” but Arizona law says the house automatically belongs 100% to your current wife when you die, you have a massive conflict.
This conflict will lead to fighting. The son and the wife will end up in an Arizona courtroom arguing over who gets the house. The judge will have to figure out which state law wins. This costs a lot of money and ruins family relationships.
At the Knochel Law Office, we practice Divorce and Family Law, Personal Injury Law, Criminal Law, Business and Commercial Law, Elder Law, Real Estate Law and Wills, Estates and Probate. Because we handle so many areas, we understand how a real estate problem can turn into a family fight. We want to protect you from that. By creating a proper Arizona will or trust, we make sure your wishes are clear and follow local laws perfectly.
You can find out how to reach us to fix these issues by clicking contact our law office.
How Can Snowbirds in Bullhead City Create the Best Arizona Will Near Me?
You might be wondering if you need to throw away your home state will. The answer is usually no.
You do not always have to throw away your old will. What you need is coordination. You need your out-of-state plan and your Arizona plan to hold hands and work together.
Sometimes, this means creating a new will that covers your Arizona property. Other times, it means creating a Revocable Living Trust. A trust is like a magic box. You put your home state house and your Arizona house into the magic box. When you pass away, the person you put in charge of the box just hands the houses to your kids. No courts. No judges. No waiting.
OUR lawyers have been doing this since 1982. We know the exact steps to take. We will look at your current papers. We will look at your Arizona property deed. We will tell you exactly what needs to be fixed.
It is very important to use lawyers who actually live and work in the area. When you search for the best places to eat near me, you trust the locals who know the town. The same is true for the law. We know the Mohave County judges. We know the local hospital rules. We know how things work here.
You can read more about how to set up a meeting by going to schedule a meeting with us.
Do Not Wait Until It Is Too Late
We all want to believe we have plenty of time. We tell ourselves, “I will call the lawyer next winter when I come back down.”
But life is a surprise. We do not know what tomorrow will bring. If you wait, and something happens, the mess is left for your children to clean up.
When a parent passes away, their children are already grieving. They are sad. They are crying. The last thing they need is to get a letter from the government saying they have to hire an Arizona lawyer and go to court for a year just to sell a winter home.
Give your family a gift. The gift of peace of mind. Make sure your papers are in order. Make sure they work in the state where your house is located.
For more information on legal facts in our state, you can visit the Arizona Judicial Branch website to see how the courts work, but the best way to understand it is to just let us handle it for you.
We practice many types of law. We handle Divorce and Family Law, Personal Injury Law, Criminal Law, Business and Commercial Law, Elder Law, Real Estate Law and Wills, Estates and Probate. This means we look at your life as a whole picture.
If you are ready to make sure your winter home is safe, please visit our website today. We are friendly, we listen, and we explain things in simple words.
8 Most Common Questions About Arizona Wills and Probate for Snowbirds
We get a lot of phone calls from winter visitors. Many people have the exact same worries. To help you right now, here are the 8 most common questions we hear at our offices in Bullhead City, Kingman, and Lake Havasu, along with the answers.
1. Does my out-of-state will still count in Arizona?
Yes, it usually counts. If you made your will legally in your home state, Arizona will recognize it as a real legal document. However, “counting” does not mean avoiding court. If you own a house or land in Arizona in your own name, that will must still go through the Arizona probate court system so the judge can officially transfer the property.
2. What exactly is an Arizona Beneficiary Deed?
This is a fantastic tool that we use all the time! An Arizona Beneficiary Deed is a special piece of paper you record with the county while you are alive. It says, “When I die, my house automatically goes to this specific person.” The best part? It bypasses the probate court completely. When you pass away, your kids just file your death certificate, and the house is theirs. This is often much cheaper and faster than a will.
3. I already have a Living Trust from my home state. Am I safe?
You might be safe, but only if you did your “homework.” A trust only protects the things you put inside it. Many people pay for a fancy trust in another state, but they forget to change the deed of their Arizona house to match the name of the trust. If your Arizona house is not legally titled to your trust, your trust cannot protect it, and your family will still end up in court. OUR lawyers can check your deed to make sure it is correct.
4. Do I need to pay Arizona estate taxes when I die?
Good news! Arizona does not have a state estate tax or an inheritance tax. This means the state of Arizona will not take a chunk of the money you leave to your children. However, there are federal estate taxes if you are very wealthy. We can help you look at your overall plan to make sure your family keeps as much money as possible.
5. If my husband gets sick, can I just sign his name to sell our Arizona house?
No. This is a very common mistake. Even if you are married, you cannot legally sign your spouse’s name to a real estate document if they lose their mental ability (like getting severe dementia or having a stroke). Unless you have a specific, powerful Financial Power of Attorney that allows real estate changes, you would have to go to court and ask a judge to give you power over your own husband. We can help you set up the right power of attorney to prevent this nightmare.
6. What happens if I die without any will at all?
If you die without a will, it is called dying “intestate.” When this happens, the state of Arizona has a list of rules that decides who gets your Arizona property. It usually goes to your spouse, then your children. But if you have a blended family (children from a past marriage), the rules get very complicated and can cause massive family fights. You should never let the state decide who gets your home.
7. Can an out-of-state child be the executor of my Arizona estate?
Yes. If your daughter lives in Ohio, she can still be the executor (the person in charge) of your Arizona will. However, it can be very stressful for her to manage an Arizona court case from thousands of miles away. She will have to mail papers back and forth, or hire a local attorney to stand in court for her. Having your plan set up to avoid court entirely is a much kinder thing to do for your out-of-state children.
8. How long does an Arizona probate actually take?
If everything goes perfectly, nobody fights, and there are no hidden debts, a normal probate in Arizona takes a minimum of five to six months. But for snowbirds who have to deal with a main probate in their home state first, and then an ancillary probate in Arizona second, the process can easily drag on for a year or two. During this time, the house still needs the taxes paid, the air conditioning fixed, and the weeds pulled, which drains money from the estate.
We hope this article helped you understand why your home state plan might not be enough. Do not let the double court process steal your family’s time and money.
At the Knochel Law Office, we have been guiding families through these exact issues since 1982. Remember, our corporate offices are in Bullhead City, Arizona, but we also have satellite offices in Kingman, Arizona, and Lake Havasu, Arizona. We are ready to look at your papers and give you honest, easy-to-understand advice. Call us or visit our website today to make sure your winter paradise does not turn into a legal headache for the people you love most.
