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A will is a legal document that forms the foundation for any comprehensive estate plan. A will explains how you want your assets distributed after you die, ensuring your wealth goes to the people you intend and preventing legal challenges later. Without a valid will, decisions about where your property goes after you pass away will be dictated by Arizona law — and that could mean people you don’t want to inherit your assets get a share by default.
If you haven’t drafted a will yet, you’re not alone. One recent survey shows that more than half of Americans don’t have a will. Many delay due to procrastination or because they don’t think they have enough assets for it to matter. Others worry about the cost or that the process is too complex. Understanding the steps in preparing a will can relieve unnecessary stress and ensure your property goes to the right heirs.
The experienced estate planning attorneys at Pennington Law, PLLC can answer your questions about executing a will in Arizona. With decades of legal experience in estate planning and wealth management, our law firm can help you develop a customized plan and discuss various strategies for protecting you and your family.
Our firm holds Martindale-Hubbell’s AV-Preeminent rating for its professionalism and top-quality service. Call or contact us today for a free consultation with an Arizona estate planning lawyer.
Who Can Legally Prepare a Will in Arizona?
Under Arizona law, anyone 18 or older who is of sound mind can prepare their will. Individuals must be legally competent to prevent others from taking advantage of or urging them to create or modify a will under coercion.
What Should a Valid Will Include in Arizona?
The key components of a will in Arizona are dictated by law. A valid will must:
- Be a written document
- Appoint a personal representative (executor) of your estate to oversee probate
- Name a guardian for your minor children or dependents, if applicable
- Name any beneficiaries and what you plan to leave them
- Be signed by you
- Have the signatures of two witnesses who do not benefit from the will
7 Steps to Preparing Your Will
When preparing a will in Arizona, follow these steps to ensure it is valid and available for the executor when needed.
1. Make a List of Your Assets
Inventory your assets so you know what is available for distribution. A list of assets can also make things easier for your personal representative when they have to account for everything before your estate enters probate.
2. Nominate a Personal Representative/Executor
Next, you should nominate a trusted individual or financial institution as the executor of your estate. This could be a family member or close friend who has the knowledge necessary to perform this role, a lawyer, or an institution of professional fiduciary.
3. Name Beneficiaries
The will should name every person or organization to which you wish to receive a portion of your assets. Usually, beneficiaries are family members or friends. However, you might also want to set aside money for charitable organizations that support causes you care about. Any assets not listed will be distributed according to Arizona’s intestate succession laws.
4. Draft Your Will
Enlisting an estate planning attorney to assist with drafting your will can prevent you from making mistakes that could be contested in probate court after your death. An estate lawyer can ensure that all your assets are accounted for, advise you on your choice of a personal representative, and guide you on the tax and other legal implications of your estate plan.
5. Sign the Will and Have It Witnessed
For your will to be valid, you must sign it or direct someone else to sign it on your behalf, with at least two witnesses present who do not stand to benefit from your will. The witnesses must also sign the will, acknowledging their roles as witnesses.
6. Validate Your Will’s Legal Compliance
To ensure your will complies with Arizona laws, having an estate planning attorney review it is always a good idea. When you work with a lawyer to draft your will, they can confirm that it complies with Arizona probate laws.
7. Store Safely and Update Periodically
Put your will and estate planning documents somewhere safe to prevent damage or destruction. You should also tell your personal representative and family where to find out. The attorney you work with to draft your will may be able to store it for you. Updating a will as life circumstances change (e.g., divorce, marriage, birth of a child) is essential to ensure assets go to the proper heirs.
How Arizona Probate Works
The first step of the Arizona probate process is for the court to appoint the personal representative named in the will. If there is no will, or it doesn’t name an executor, the court will choose one, usually the spouse.
Next, the court begins the process of validating the will. The executor will notify all beneficiaries and creditors within 30 days if it is valid. Creditors must make their claims against the estate within four months.
Once the beneficiaries and creditors have received notice, the personal representative takes inventory of the estate’s assets within 90 days and pays the creditors. After the creditors have been paid, the remaining assets are distributed among the deceased’s beneficiaries based on their will or among their heirs based on intestate succession if there is no will.
Common Mistakes to Avoid When Preparing Your Will
There are a few common mistakes that can be made in a will in Arizona, including:
- Not updating your will – Check your will every few years to make sure it still aligns with your goals and state laws. You should also update it after significant life events, such as marriage, the purchase of a home, the birth or adoption of a child, or the death of a beneficiary or executor.
- Not including passwords for accounts – Everything is password-protected these days. Make sure you give your passwords to a trusted individual to make the probate process more manageable. While presenting a death certificate can work to get heirs access to financial accounts, it’s always easier if they have the password.
- Not working with an estate planning attorney – Proper estate planning can make the legal process of settling your affairs easier for your loved ones. The best way to ensure you draft a legally binding will is to work with an estate planning attorney or at least have them review your current one.
Our Arizona Estate Planning Attorneys Can Help
Are you ready to begin preparing your will or make updates to your existing will? Contact Pennington Law, PLLC for a free consultation with an experienced Arizona estate planning attorney. We can assist with your will, review your goals, and explain the other estate planning tools that can help you reach them.