Write an Arizona Last Will and Testament to protect your loved ones.

A Last Will and Testament is one important legal document that helps in distributing the real and personal property of the testator or the person making the Will, as per his wishes.

It ensures that after death, the testator's property will be distributed as per his instructions written in the Last Will.

Why should you write an Arizona Last Will and Testament?

Writing a Last Will and Testament in Arizona is essential to ensure the testator's property is distributed as per his wishes. An Arizona Last Will and Testament can allow testators to distribute their personal property to family members and loved ones.

Besides, an Arizona Last Will and Testament also allow testators to make charitable gifts and donations to organizations, leave the property for minor children, name a legal guardian for minor children, ensure pet care, and name a personal representative or executor for the Will.

Why happens if you die without a Last Will and Testament in Arizona?

A person who dies without a valid Will is said to die intestate. In other words, the state's inheritance or intestacy laws will be revoked. Under Arizona intestate succession, the surviving spouse or children will inherit the deceased person's property.

Without a spouse or children, the parents or grandchildren will inherit the property. Further, in the absence of parents and grandchildren, the list will go on to siblings, cousins, uncles, aunts, etc.

When there is no living relative by birth or marriage, the property may be passed on to the state.

What are the requirements to write a Will in Arizona?

A person writing a Last Will and Testament in Arizona is required to be a minimum of 18 years of age and of sound mind.

Furthermore, a Will must be signed by the testator or another person in the testator's conscious presence. A Will must also be witnessed and signed by two persons at least 18 years of age.

An Arizona Last Will and Testament is also required to be in writing.

What can be included in a Last Will and Testament in Arizona?

A Last Will and Testament can include the following instructions.

• Property distribution to loved ones
• Pet care
• Legal guardian for minor children
• Legal representative to manage property for minor children
• Charitable trusts and donations
• Name of the executor of the Will

However, it should be noted that certain clauses or instructions must not be included in a Last Will and Testament.

Testators must not include in a Last Will and Testament instructions like after-life care, medical treatment, and funeral-related instructions. Such instructions can be mentioned in a Living Will since a Last Will and Testament are referred to after the testator's demise.

Do you need to name an executor or personal representative in a Will?

Although not mandatory, including an executor is crucial to writing a Will. A personal representative or an executor is responsible for carrying out the provisions mentioned in the Will after the testator's demise.

Ideally, an executor must be at least 18 years of age and of sound mind. An executor of the Will must pay off debts to creditors and ensure the distribution of assets as per the Will.

If a testator does not name an executor in the Will, the probate court may appoint someone to oversee the estate.

Steps to Write a Will

• Choose the assets to be included in the Will.
• Determine beneficiaries of the property.
• Decide legal guardian for minor children (if any) and a person to handle property for them.
• Name an executor or a personal representative.
• Write a Will and sign it in front of two witnesses.
• Keep the Will in a safe place.

Types of Will Accepted in Arizona

Holographic Wills

Arizona law accepts handwritten or holographic Wills if the key provisions are written by the testator and signed by him.

Electronic Wills

Arizona accepts electronic Wills, given that the testator and the witnesses are physically present in the place. In addition, electronic wills must also contain a copy of the government-issued ID of the Will maker.

Does a Will need to be notarized under Arizona law?

Arizona law does not require a Will to be notarized to be legal.

However, in order to make a Will self-proving, testators may need to go to a notary public along with the witnesses to sign an affidavit. The affidavit must prove each person's identity and awareness of signing the Will.

Self-proved Wills do not require the probate court to contact witnesses to prove the authenticity of the Will. This, in turn, can help speed up the probate process.

Do you need a lawyer to make a Will?

Testators do not need a lawyer to make a Will. However, you may consult an experienced attorney for advice in challenging circumstances.

Furthermore, testators can consult an estate planning attorney for advice in circumstances like divorce, moving to another state, acquiring new property or assets, etc.

How to change or revoke a Will in Arizona

How to Change Arizona Wills

A testator can change a Last Will and Testament in Arizona by adding another Will or codicil.

However, the procedure required to be followed must be the same as writing a Will.

How to revoke Arizona Wills

A testator can revoke a Last Will and Testament in Arizona by burning, tearing, or destroying it somehow.

An Arizona Last Will can also be revoked by writing another Will which directly or by contradiction terminates the previous Will or a part of it.

Closing Thoughts

A Last Will and Testament is one significant legal document a person can make. By writing a valid Last Will, testators can protect the financial future of their family members and loved ones. It ensures the testator's property is being distributed as per his wishes.

Besides giving property to loved ones, with a Last Will and Testament, testators can also make donations, open trusts, or appoint someone trustworthy as a legal guardian to care for minor children and handle property on their behalf until they come of age.