A will is a document containing the final will of its creator (testator) and ascertaining how and by whom his or her property and assets will be used in the event of death.
As a precaution, it’s highly recommended to write a last will. Even when you don’t have too many assets, the last will might help your family situation and end up being critical to the ones you love upon your death.
If you are in need of a printable and fillable Arizona last will and testament form, you’ll find it on this site, in addition to recommendations on will writing and answers to commonly asked questions.
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| Requirements | State laws | |
| Statutes | Title 14 – Trusts, Estates and Protective Proceedings | |
| Signing requirement | Two witnesses | 14-2502. Execution of paper wills; witnessed wills; holographic wills; testamentary intent |
| Age of testator | 18 and older | 14-2501. Who may make a will |
| Age of witnesses | 14-2505. Witnesses; requirements; definition | |
| Self-proving wills | Allowed | 14-2504. Self-proved wills; sample form; signature requirements |
| Handwritten wills | Recognized if meeting certain conditions | 14-2502. Execution of paper wills; witnessed wills; holographic wills; testamentary intent |
| Oral wills | Not recognized | |
| Holographic wills | Recognized if meeting certain conditions | 14-2503. Holographic will |
1. Think about your alternatives. One thing to decide upon first is whether you want to write the entire thing by hand (holographic will) or use a fillable last will and testament form that can be found online.
2. Indicate your details. Step one is establishing the testator by providing their full name, along with the residential info (city, county, and state). Go over the details you entered together with the rest of the passage, including “Expenses and Taxes.”
3. Choose the executor. In this particular passage, you choose who’s going to execute your will by filling in their full name, along with their city, county, and state of residence. The majority of states have specific legislation regarding the out-of-state executors and agents, which in most cases translates to significantly more hassle and red tape. Therefore, it is advised to appoint someone who resides in the same state as you. Although not required, it’s wise to choose one more person to be your executor in case the first one is unwilling or incapable of carrying out your will.
4. Appoint the guardian (optional). Should you have underage or dependent children and do not want the court to decide on a guardian for them when you are no longer here, you can appoint somebody you know as a guardian for your children.
5. Specify your beneficiaries. Now specify all those to whom you leave your property and assets, that is, your beneficiaries. For each beneficiary, enter the next details: full legal name, address, and how they are related to you.
6. Allocate assets. Write down your assets and describe the way in which you wish to distribute them amongst your inheritors if you have something in mind apart from dividing the property commensurately. Property might include money for arrearage, real estate, shares, business ownership, cash, as well as any tangible things of financial value that count among your possessions. Please be aware that there are things that cannot be distributed in the last will, such as life insurance and shared and living will property.
7. Proceed with the witnesses putting the signatures at the end of the document. As per Arizona Revised Statutes, for any last will and testament to be considered valid, it must be signed by two witnesses. Only somebody who is not your beneficiary and is of 18 years or older can be selected as a witness. As a possible extra preventative measure against the cases when the will is contested or other problems, it seems sensible to appoint a witness who is younger than you to make sure they will be there after you depart this world. Now, you (and your two witnesses) must sign the paper after filling out your full legal addresses and names. Do not forget to check each sentence thoroughly prior to concluding the matter.
Various other fillable Arizona templates available for download on our site and that can be customized in our simple document constructor.
A power of attorney (PoA) is a legal document that designates a person, referred to as your agent or proxy (does not have to be a legal professional), to deal with important things for you while you’re alive. There are two major ones on the list of power of attorney types:
An executor is someone you trust and assign to make sure the last will’s instructions are performed. However, the two roles can be served by the same individual.
Arizona statute affirms that a will can be valid without having a notary public authorize it. But, you’ll need a notary if you’d like to make your last will self-proving by attaching an affidavit to the document. A self-proving last will can make probate faster because the court can recognize it without getting in touch with the witnesses who signed it.
For a holographic will to be considered legally binding, you need to handwrite the whole document, put the date of writing, and put your signature on it. Understand that this kind of a last will is often created when there’s no other solution and is normally substituted with a much more thorough document made with the assistance of a fillable will form or legal professional. The latter is better for the future probate process since holographic last wills might include unclear conditions that can impede probate and make it more pricey and/or more challenging to enforce.
An attested will is a typewritten document that is often based upon a fillable form available online or prepared through a lawyer. You will need to have two witnesses (18 years or older) sign the last will and testament in your presence so that it is considered valid. In some states, you would need to notarize the document as well, but in Arizona, it isn’t mandatory.
Testamentary capacity is used to describe the testator’s (the individual writing the will) legal and mental capability (sound mind) to write and change their last will.
In most states, to write a will, you have to be of sound mind and at least 18 years old. “Sound mind” signifies that you don’t have any kind of mental illnesses (dementia, senility, insanity, etc.) that don’t allow you to have an understanding of the aftermaths of your actions.
Based on Arizona law, you don’t have to include a self-proving affidavit to your last will. But, it will serve you well to attach this document. In the course of probate, it will function as an alternative for the witness testimony in court and ease the process.
Should you want to disinherit your spouse, it’ll almost certainly be impossible. Arizona is a community property state (also known as marital property). This is a type of interest documentation provided by the laws. It claims that half of all assets (including arrears) of one spouse belongs to the other and continues to be such on divorce.
Arizona law permits you to exclude your marriage partner of your last will completely, but only in regards to the belongings you manage, which in Arizona are considered “separate property.” Well before getting married, you also can conclude a prenuptial agreement with that individual. It would help you to redefine the way in which the community property must be distributed on divorce or your demise. It is probably the sole way to disinherit your marriage partner or restrict their part. Aside from your spouse, Arizona law makes it possible to disinherit any other members of your family. With the addition of particular disinheritance sections to your last will, you’ll be able to cut off your children or any other members of the family from getting any of the assets.
No, the will can be changed only by you. Another person is only able to sign the last will and testament in case you’re physically unable to do so.
Yes, it is possible. Based on Arizona law, you are allowed to change or annul your will if you are not obligated by a lawful agreement that mentions otherwise. It can be a good idea to update your last will and testament if a significant event happens in your life. Those include but aren’t limited to:
Arizona law indicates that a will can be admitted if it has been lost or destroyed. However, the probate court will be unlikely to recognize anything other than the initial version of the last will and testament to probate. In line with Arizona law, the absence of the will is regarded as its repeal. This suggests that the executor should prove the last will’s credibility, which in turn can become rather complicated. Things may get much more problematic when considering a holographic last will. To provide proof of its legality, the court requires testimony and sword witnesses. The cause for not producing the last will and its contents must be confirmed too.
In accordance with Arizona Estate Code, it’ll be possible for an individual to sign his or her last will and testament, considering that it’s your (as a testator) directive and in your presence. The person who wrote the will can state their wishes in words, by way of giving a positive answer to an inquiry, or with a gesture. You may get a notary to sign the name of a testator who is physically incapable of doing it if the testator directs the notary with a witness present. Such a witness is decided on much the same way one could select an executor – they must have no legal or equitable interest in any property and assets that are the focus of or impacted by the last will.Can my last will be modified without my agreement?
In Arizona, is it possible to change a typewritten may after signing it?
What will happen in case I lose my last will?
How can a disadvantaged individual sign their last will and testament?
| Related documents | Times when you might want to create one |
| Codicil | You need to slightly modify your last will without writing a new one. |
| Self-proving affidavit | You want to save time and legal fees for your will’s witnesses. |
| Living will | You would like to be sure your end-of-life treatment is done as outlined by your wishes. |
| Living trust | You want to avoid probate by having your assets in the possession of a trust. |
