Estate & Trust Law Board Certification by the State Bar of Arizona

The Arizona Board of Legal Specialization (BLS) sets the standards for certification of lawyers specializing in estate and trust law, as approved by the State Bar of Arizona's Board of Governors. Certification as a specialist does not restrict a lawyer from practicing in other legal fields.

Commitment to Diversity: The BLS is dedicated to promoting diversity and ensuring the rights of the disabled within all its programs and activities. Regular monitoring is conducted to ensure compliance with these goals.

I. General Requirements

A. Active Membership: Applicants must be active members in good standing of the State Bar of Arizona.

B. Application Submission: Applicants must complete a prescribed application form, provide additional required information, and comply with all applicable rules and regulations.

C. Advisory Commission Recommendation: Applicants must be recommended for certification by at least five of the ten members of the Estate and Trust Law Advisory Commission.

D. Certification Duration: Certification expires five years from the date of issuance. Renewal applications must be submitted timely to maintain certification.

E. Revocation or Suspension: Certification can be revoked or suspended based on specified criteria, including advice from the Estate and Trust Law Advisory Commission that the lawyer no longer meets the required standards.

F. Fees: Applicants must pay the prescribed application and testing fees.

II. Standards for Certification

A. Practice Experience:

• Duration: Applicants must have been admitted to practice law for at least five years, with at least two years immediately preceding the application spent practicing in Arizona.
• Practice Involvement: Applicants must have engaged in legal services equivalent to at least 50% of a full-time practice.

B. Substantial Involvement:

• Definition: Estate and trust law includes tax planning, wills and trusts, estate and trust administration, and litigation.
• Requirements: Applicants must show substantial involvement in estate and trust law for at least four of the preceding six years. This can be demonstrated through documented experience in at least five of the following areas:
  1. Estate, gift, and generation-skipping transfer tax planning and implementation.
  2. Preparation of state and federal tax returns.
  3. Asset valuation and advice.
  4. Planning, drafting, and implementing wills and trusts.
  5. Drafting and implementing amendments and auxiliary documents.
  6. Drafting and implementing business succession documents.
  7. Advice on public benefits applications.
  8. Probate administration and asset transfers.
  9. Trust terminations and asset transfers.
  10. Advising fiduciaries or serving as a fiduciary.
  11. Acting as trial counsel in contested estate and trust matters.
  12. Representing parties in mental health, guardianship, or conservatorship proceedings.
  13. Other activities demonstrating substantial involvement in estate and trust law.

C. Competence and Integrity:

• Knowledge and Skill: Applicants must demonstrate comprehensive knowledge of estate and trust law and exhibit high skill, professionalism, and judgment.
• Examination: Applicants must pass a written examination on substantive law, practice procedures, evidence, and ethics related to estate and trust law.
• Alternative Dispute Resolution: Applicants must demonstrate knowledge and skill in alternative dispute resolution as it applies to estate and trust law.
• Legal Competence: Legal competence is measured by knowledge, skill, practice management, and preparation.

D. References: Applicants must submit at least five references from Arizona attorneys or judges familiar with their practice. The Advisory Commission will also select additional references to provide written comments on the applicant's knowledge, skill, and professionalism.

E. Continuing Legal Education (CLE): Certified specialists must complete 12 hours of CLE annually, focusing on advanced estate and trust law and professional responsibility.

For recertification, applicants must demonstrate continued substantial involvement in estate and trust law. This involves detailing their legal services over the past five years and identifying the types of issues they have handled. No formal written examination is required for recertification if there has been no break in certification.

In order to obtain or renew a board certification in estate and trust law in Arizona, there are certain steps you must follow:

1. Application Form:

• Complete the BLS application form, which requires detailed information about your legal practice, including your experience and involvement in estate and trust law.

2. Substantial Involvement:

• Provide documentation showing substantial involvement in estate and trust law over at least four of the past six years. This includes work in areas such as tax planning, wills and trusts, estate and trust administration, and estate and trust litigation.

3. Professional References:

• Submit the names of at least five Arizona attorneys or judges who are familiar with your practice in estate and trust law. These references should not include current partners or associates. The Estate and Trust Law Advisory Commission will also select additional references to evaluate your application.

4. Examination:

• Pass a written examination that tests your knowledge of substantive law, practice procedures, evidence, and ethics related to estate and trust law. The examination is developed by the Estate and Trust Law Advisory Commission and approved by the BLS.

Certification Approval

1. Advisory Commission Review:

• Your application will be reviewed by the Estate and Trust Law Advisory Commission. At least five of the ten commission members must recommend you for certification.

2. Public Comment:

• Your name will be published in a State Bar of Arizona publication, providing an opportunity for public comment before the commission considers your application.

3. Certification Decision:

• If approved, you will receive certification as a specialist in estate and trust law, valid for five years.

Renewal of Certification

1. Renewal Application:

• To maintain your certification, you must apply for renewal before it expires. Renewal requires demonstrating continued substantial involvement in estate and trust law and completing 12 hours of continuing legal education (CLE) annually.

2. Continued Involvement:

• Show ongoing substantial involvement in estate and trust law, defined as engaging in legal services equivalent to at least 50% of a full-time practice.

3. Continuing Legal Education (CLE):

• Complete 12 hours of CLE each year, focusing on advanced estate and trust law issues and professional responsibility.

By adhering to these guidelines and meeting the rigorous standards set by the BLS, you can achieve and maintain certification as a specialist in estate and trust law, highlighting your expertise and commitment to the legal profession.