Will Writing Service in Arizona

In Arizona, Will Writing can be done by yourself or through a Lawyer who will assist you in navigating the legal requirements of having a valid Will, which is a critical document you should have in your estate planning, as it allows you to distribute your property, appoint guardians for the minor children and overall leave your loved ones protected and provided for in the event of your death.

You can contact LegalPen today to start writing your will.

How much does it cost to write a will in Arizona

Writing a will in Arizona costs approximately $200 to $1,500. The cost will vary depending on whether you use a lawyer who might charge per hour or, as agreed by the parties, create your will yourself. It will also depend on the complexity of the estate, as it will take more time and require more documentation.

The type of will you require will also factor in the cost of writing the will. 

Can I write a will without a lawyer in Arizona

Yes, you can write a will without a Lawyer in Arizona. However, since a Will is a crucial document, you might need to consult a Lawyer on the Legal requirements of having a valid will in Arizona under (A.R.S.) § 14-2501 before embarking on creating your own will, which will be easier and save on costs.

Is it Legal to Write Your Own Will in Arizona?

Yes, it is Legal to Write your own will in Arizona as long as you meet the legal requirements for a valid will under (A.R.S.) § 14-2501, § 14-2502, § 14-2503.

The Requirements are; –

1. Must be 18 years of age or older
2. Must be of sound mind
3. The will must be in writing
4. The will must be signed in front of two witnesses
5. The two witnesses must sign the will after you have signed
6. The witnesses must not be related to you by blood, marriage, or adoption or be beneficiaries of the will.

Does a will in Arizona need to be notarized?

No, a will in Arizona does not need to be notarized. However, Arizona Law allows you to make your will self-proving, which means the probate process will be quick as the court will accept the will without contacting the witnesses who signed it.

Your witnesses will have to go to the notary and sign an affidavit that proves who you are and that they knew that you were signing the will to make the will self-proving. This is provided under  Ariz. Rev. Stat. Ann. § 14-2504.

Do I Need a Lawyer to Make a Will in Arizona?

No, you do not need a Lawyer to make a Will in Arizona. You can make your own will with the help of Legal professionals from LegalPen. Making your own will has been simplified and is a click away. With our help, we will ensure all the legal requirements of a valid Arizona will are met and that the will is tailored to your specific circumstance.   

Do I Need a Lawyer to File a Will in Arizona?

No, you do not need a Lawyer to File a Will in Arizona. You are not legally obligated to file a Will in Arizona. However, you can file your will without needing a lawyer present in person at the Superior Court, via Mail or a Depository Box.

Are Online Wills Legal in Arizona?

Yes, Online wills are legal in Arizona. In 2018, Arizona became the third U.S. State to recognize online wills. This means you can create your will online and be signed, witnessed and notarized electronically without printing on paper.

When writing the online will, all the legal requirements of having a valid will be met, which are; –

1. You must be at least 18 years old
2. You must be of sound mind
3. You must create the will voluntarily with no coercion
4. You must sign the will in the physical presence of two witnesses.

How to Include Digital Assets in an Arizona Will

When creating a will in Arizona, and you have Digital Assets that you want to include in your will, you should follow the below steps on how to include the Digital Assets in your will;-

• Inventory your digital assets—You should create an exhaustive list of all your digital assets, including your login credentials, account information, and any other information you deem necessary.
• Choose an Executor – you should appoint a trusted individual to be your digital executor, as they will handle and distribute your digital assets in the event of your death.
• Make our will—After having everything ready, you should start bewitching your digital assets to your desired beneficiaries and stating your wishes in a will. The will should be signed in front of two witnesses, who should also execute it for it to be binding.
• Review and update—You should regularly review and update your inventory and keep up with any changes that might occur.

How to Disinherit Someone in an Arizona Will

You can disinherit someone in an Arizona Will in two ways. Disinheriting someone in your will can cause a dispute amongst your beneficiaries, which may lead to your will being contested, which is something you do not want.

First,the easiest way to disinherit someone is to simply state in your will that you disinherit them. The wording must mention their name and indicate that the choice is intentional and not an oversight to avoid any ambiguity.

The second option of disinheriting someone is naming them in the will and leaving them with substantially less inheritance than the other beneficiaries. This does not entirely disinherit them, but it clearly shows that they were remembered and that what they got was very intentional.

Hot to Handle Debts and Liabilities in an Arizona Will

In Arizona, all the deceased’s debts and liabilities must be paid to the extent that the estate has funds to pay them. However, the law provides up to $37,000 in statutory allowances for a surviving spouse and dependent children, which help protect some assets from debtors and creditors of the deceased, save for estate administration costs.

How to Provide for Minor Children in an Arizona Will

You can provide for Minor Children in an Arizona Will by appointing a guardian in the will who shall take care of the minor children in the event of your death, and there is no surviving parent. The guardian will be responsible for the upkeep and health being of the minor children. You can also leave their inheritance in a trust for them with a trustee in place to take care of and manage the assets on behalf of your minor children until they reach a certain age when they can take over the management and control of the trust.

How to Store Your Arizona Will Safely

When you create a will in Arizona, one of the choices you have to make is how to store your will safely. This is an essential choice as it will determine what your family and beneficiaries will go through in the event you die.

You should store your will where it is secure and easily accessible. Some options are; –

• Safe deposit box—This method means your will is in the possession of a third party. To make it easy to access, you should designate the executor as the person designated to access the safety deposit box.

• At home, you can keep a copy of your will in a fireproof and waterproof safe. However, make sure that your executor knows the combination to open the safe for easy access.
• With a Lawyer – you can leave your will with a lawyer who shall provide the will once you are deceased. You should ensure that your family or executor is aware of the lawyer’s name with the will.
• With the Court: You can store your will with the probate court, and it will only be released to you or someone you authorize in writing.
• Electronic storage – you should store your online will safely.

How to Contest a Will in Arizona

You can contest a Will in Arizona by filing an objection with the court after receiving a notice of probate. A named beneficiary or someone interested in an estate can challenge specific provisions in a will or the validity of the will. You must state the grounds for your objection, such as lack of testamentary capacity or coercion. Once you submit your objection, the court will schedule a hearing to consider it when you can present evidence and testimony to prove your case.

What Are No-Contest Clauses in Arizona Wills?

No-contest clauses in Arizona Wills state that any beneficiary who challenges the provisions or validity of the will shall be disinherited. This clause is designed to discourage beneficiaries from contesting the will and ensure that the deceased’s wishes are adhered to.

What is the difference between probate in Washington and Arizona?

The difference between probate in Washington and Arizona is that in Washington, any person who has the deceased’s will must turn to the probate court within 30 days of finding out about the death, while in Arizona, probate is only required if the deceased’s assets did not transfer automatically upon their death.

How to Handle Foreign Property in an Arizona Will

Foreign property in Arizona must be titled in a will that clearly states who inherits it. The executor must then go to the location of the foreign property and file an ancillary will to distribute it to the allocated beneficiary. 

How to Make a Will for Some-Sex Couples in Arizona

Making a will for same-sex couples in Arizona is similar and important to that of a straight couple in Arizona. The will should be made by someone 18 years or older and signed by the testator in front of two witnesses, who should also sign the will.

After the U.S. Supreme Court legalized Same-sex marriages, couples are subject to unlimited marital deductions for federal estate and gift taxes, and they can take advantage of this as they can leave an unlimited amount of assets to their partners without triggering federal estate tax. 

How to Plan for Pet Care in Your Arizona Will

You can plan for pet care in your Arizona will by setting up a pet trust. You can give your pet to someone and establish a trust with money to be used for the pet’s care, or you can set up a trust and assign ownership and care of your pet to that trust.

How to Handle Business Succession in an Arizona Will

Business succession is essential as it ensures the smooth continuity of the business in the event of your death. It involves planning a strategy for what will happen when you die, and it can be handled in an Arizona will by assigning your shares to your heir and appointing your new business successor. 

How to Handle Out-of-State Property in an Arizona Will

When handling out-of-state property in your Arizona will, it is essential to consider and understand the legal jurisdiction of where the property is located, coordinate state laws by ensuring your documentation is recognized where your property is located, and consider your tax implications, regularly update and review your will to keep up with the changes in state laws.

What is the difference between Holographic wills and Statutory wills in Arizona?

There are different types of wills in Arizona. However, the significant difference between a Holographic will and a statutory will in Arizona is that; –

The testator handwrites holographic wills in their handwriting; for it to be valid, it must be signed by the testator and in the testator’s handwriting. The will might be witnessed. While 

Statutory wills are not provided in Arizona and, therefore, illegal.