Valid Will in Arizona
A will can be the most crucial legal document you can create during your lifetime. Your will elaborates on how your property and money must be distributed after your death. The document also nominates a personal representative who will be entrusted to administer your estate and also names a guardian (if applicable) to care for your property in case you have minor children. The will can also name a particular conservator to manage assets of minor children (if any).
In Arizona, the law of the state has set few requirements, which must be met to make a valid will.
Needed age to prepare last will and testament
You must be in a sound mind and must be aged a minimum of 18 years. At the least, as a signor, you must know individuals who will naturally benefit from your death. It usually refers to closest living family members. You also must understand that when you make a will, you are giving a particular set of instructions to your beneficiaries along with the details of the property they will inherit.
You must write the will
The law in Arizona requires you to create your will in writing. It must be signed by you (or any person who makes the will, called the “testator”). If you are not able to physically sign the will, you can ask any person you trust to do it for you in your presence. The witnesses should either observe you sign your will or must be told by the testator that the signature inscribed on the will is yours. All the witnesses should sign the will in your presence.
A will in considered holographic if the content is handwritten by the testator. If you want your holographic will to have legal weight in Arizona, you must sign it and your handwriting should explain the material provisions. There is no need for witnesses to validate such a will.
Wills and witnesses
If there are witnesses to your will, they must be competent. It is an unofficial norm that witnesses to your will should be classified as “disinterested”. It means they will not gain anything as per your last wishes. In Arizona, however, a will cannot be classified as invalid due to it being witnessed solely by the interested party.
Proving the authenticity of the will
You can “self-prove” your will and testament. In case the will is self-proven and if Will’s authenticity remains unchallenged, the document can be probated by a simple informal probate. In such a case, witnesses may not be required to prove its authenticity.
If you are needing a bit of guidance on how to develop or the use of a will in Arizona. Contact the advisors at Wealthnest Planners conveniently located in Chandler, Arizona. www.wealthnest.com or 480-699-5275
Content in this material is for general information only and not intended to provide specific advice or recommendations for any individual. This information is not intended to be a substitute for specific individualized legal advice. We suggest that you discuss your specific situation with a qualified legal advisor
Michael McGinley, CFP ®
Comprehensive Wealth Manager | Tax Advisor
Chandler, AZ 85226