How to Make a Will in Arizona

There are things that someone is always sure about, and that is death. Even though we hope for the best, it is always good to plan for the worst. You can make your own will in Arizona without needing a lawyer. It is important to have a will as you will have your estate in order when you die, and all your loved ones and family will be cared for by the will. When dealing with your estate, they will have peace of mind when a will is present to guide them with your wishes.

What are the Steps to Create a Will in Arizona

Before you embark on creating a will, there are different steps that you should take to create a will in Arizona as well guided and elaborated below; –

1. Inventory your assets
2. List your beneficiaries
3. Appoint an executor
4. Appoint a guardian
5. Make your will
6. Sign your will 
7. Store your will
8. Review and update your will

What Happens if I Don’t Have a Will?

In the event you die without having a Will in Arizona, you will be considered to have died intestate, and all your property will be distributed according to the intestacy state laws. 

Your property will be distributed to your closest relatives, beginning with your spouse and children. The next on the list if you do not have a spouse or children are your grandchildren, parents, siblings, and grandparents, and the list of relatives will continue.

In the event that the court finds out that you do not have any living relatives, the state will take your property.

What Are the Requirements for Writing a Last Will and Testament in Arizona?

When writing a will in Arizona, several requirements are to be met in writing the Last Will and Testament in order for it to be valid. The requirements are; –

1. 18 years of age 
2. Sound mind
3. Undue influence
4. Signature
5. Witnesses
6. Will must be in writing

How Often Should You Review and Update Your Arizona Will?

You should review and update your will every three to five years or when you experience a significant life-changing event.

Below are some critical important life events of when you should consider updating your will; –

• Marriage or divorce
• Adding a family member
• Changes in your assets

How to revise and update your will in Arizona

You can revise and update your will in Arizona anytime by making a codicil. A codicil is a document that amends or supplements your existing will. The codicil is attached to the will as it merely makes some changes to provisions in the will. It retains the other contents of the will that are not amended and are, hence, still valid and enforceable.

The codicil should be duly executed and witnessed by two competent witnesses to be valid.

What Makes a Will Valid in Arizona?

Consulting a lawyer is the best way to guarantee your will is valid. However, in the event you cannot afford a lawyer, here is what makes a will valid in Arizona; –

1. Age and capacity
2. Written
3. Executor
4. Beneficiaries
5. Assets
6. Guardianship
7. Witnesses
8. Signature 
9. Review and update

Can a Handwritten Will Be Valid in Arizona?

Yes, a handwritten will is valid in Arizona. The handwritten wills are also known as Holographic wills, which are not valid in most states; however, in Arizona, they are allowed, and for it to be valid, it requires; –

• To be in the handwriting of the testator
• To be signed in the handwriting of the testator
• To be clear and legible

How Do I Sign My Arizona Will?

To finalize your Arizona will and ensure its validity, you must sign it in front of two witnesses, and your witnesses must sign it within a reasonable period of time after you sign it. The witnesses should be independent, not related to you by blood or marriage, and they should not be beneficiaries in your will or have an interest in your will.

What Can I Include in an Online Will in Arizona?

An online will, like a traditional will, is a crucial legal document that describes to your beneficiaries how you want your assets to be distributed and to whom you bequeath your property.

The following are what you can include in an online will in Arizona; –

1. Inventory of your assets
2. An executor
3. Designated beneficiaries
4. Guardian
5. You can start creating your online will in Arizona with us at LegalPen.

Types of assets covered in an Arizona will

Several assets are covered in an Arizona will, which are; –

1. Financial assets
2. Real estate properties
3. Personal belongings like clothes, valuables, jewelry or art
4. Digital assets
5. Debts and liabilities

Can I Revoke or Change My Will in Arizona?

Yes, you can revoke or change your will in Arizona. A will contains your wishes regarding what should happen to your property and how your family should distribute your assets, and it is your legal document with which you have the right to revoke or change its contents at any time you wish. However, many times, you desire to do it either by yourself or with the assistance of our legal professionals.

How do you Revoke or change your will in Arizona?

You can revoke or change your existing will in Arizona through the following options; –

• Codicil—This is a legal document that allows you to amend your existing will without completely writing it. A codicil is attached to the existing will and forms part of it.
• Revocation – you can revoke a will by destroying the existing will to revoke it either by fire or tearing it up.
• New will—Creating a new will automatically revokes all the previous wills, as the new will usually contains a clause that revokes all the prior wills and codicils.

Can I Make a Digital or Electronic Will in Arizona?

Yes, you can make a digital or electronic will in Arizona. However, the witnesses and notaries must be physically present during the execution of the e-will. The state of Arizona, as much as it recognizes digital or electronic wills, does not allow for virtual witnessing and electronic notarization.

Who Can Witness a Will in Arizona?

Your will in Arizona can be witnessed by any individual who has the testamentary capacity to understand the significance of what they are doing.

The witnesses should not be related to the testator by blood, marriage, or adoption, and they should not be beneficiaries or have an interest in the estate or will.

Should My Will Name an Executor?

Yes, your will should name an executor as they are your appointed or chosen individual capable and willing to discharge their duties dutifully and professionally by the will’s provisions. The executor is important as they will be the ones to assist your family and beneficiaries by making sure that the estate is distributed smoothly with no complications.

What are the Arizona will executor requirements?

Every state has some rules regarding who may serve as an executor. In Arizona, here are the will executor requirements; –

1. Age – the executor must be at least 18 years old.
2. Sound mind – the executor must be of sound mind and not judged incapacitated by a court.
3. Convict – no law bars naming an executor convicted of a felony. However, someone who feloniously and intentionally kills another person can not be the deceased person’s executor as provided for under Ariz. Rev. Stat. § 14-2803
4. Foreign corporation – a foreign corporation based outside Arizona cannot serve as an executor.

What Happens to a Will After Death in Arizona?

In Arizona, after your death, the executor must file your will in the probate court within two years of your death.

After that, the court will validate your will and appoint an executor to oversee your estate. Your executor will then identify your assets and debts, contact your beneficiaries and creditors, and inform them of your death.

The executor will pay any debts through the estate and distribute the assets to your beneficiaries according to your wishes as stated in your will.

What is the Impact of Marriage and Divorce on Your Arizona Will

The impact of marriage and divorce on your Arizona will is that in the event of divorce, a divorced person’s will remains valid. Still, the ex-spouse is removed as an eligible beneficiary to the state. In contrast, since Arizona is a community property state, your spouse will inherit your estate in the event of your death.

Do all wills in Arizona have to go through probate?

No, not all wills in Arizona have to go through probate. A small estate may be able to skip the probate process when the value of all personal property is less than $75,000 and the value of the real estate is less than $100,000.

Is Arizona a community property state?

Yes, Arizona is a community property state. This means that most assets acquired during the marriage belong to both spouses equally, regardless of who acquired them. The surviving spouse is, therefore, usually entitled to inherit some portion of their spouse’s estate even if the deceased spouse provided something different in the will.

How is Arizona’s intestate succession done?

Arizona intestate succession can be complicated. When you die without a will, the decision of your property is left in the hands of the probate court and the state laws, which provide that if you are married without children, parents, or siblings, your spouse will inherit your estate. In the event you are not married and have children, your children will inherit your estate. In the event you are not married and have no children or immediate family, your estate will be divided amongst your living extended family, and in the event, the court does not find any living relatives either by blood or marriage, the state of Arizona will inherit your property. 

How are estate and inheritance taxes in Arizona done?

Estate and inheritance tax is not collected in Arizona.

What Are the Differences Between a Simple Will and a Conditional or Contingent Will in Arizona?

There are several types of wills in Arizona that will apply in different situations and circumstances.

The difference between a Simple Will and a Conditional or Contingent will in Arizona are; –