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Why Having a Last Will and Testament Is Important

Although no individual is obliged to write a last will and testament beforehand, its presence is critical for excluding intestacy laws being invoked. Such laws allow the state to play the role of property distributor – that is, to decide for you to whom and what part of your wealth will go to. The government’s decision may go against the last wish of the deceased, and for this reason, it is of paramount importance to have a last will and testament drawn up in advance.

The primary advantage of such a legal document is that it endows the testator – the one who makes a last will – to allocate the executor of their will. This individual assumes the responsibility of ensuring that the last will of the decedent is fully fulfilled. That is why it is highly advised to choose the candidates beforehand and discuss whether they are ready for such a role. By selecting a close friend, you will bring yourself inner peace knowing that your assets will be under the control of the person you could trust with your life. Similarly, if there is no last will, the executor will be chosen by the Probate Court.

A last will and testament is designed to indicate the exact distribution of property (bank accounts and stock included) that must occur after the estate-leaver’s demise. Moreover, such a legal instrument can save your underage kids’ future, especially when you are their only caregiver.

Besides presenting an individual with the possibility of establishing a testamentary trust to provide for their loved ones, the Arizona last will and testament has the power to found a trust for the testator’s pets to be taken care of upon the passing of their owner. Such a trust under a will is called the pet trust, and it ceases to exist when the last domestic animal mentioned in your last will dies.

Before the last will and testament comes into force, its authenticity and legality must be confirmed in the Probate Court, which deals with all matters relating to wills and the division of the deceased’s valuable belongings. When the court validates the last will, the chosen executor takes care of the payment of taxes and inherited wealth management.

Basic Requirements for Making a Will in Arizona

Whenever a resident of Arizona State needs to write a last will and testament, they should ensure that the following fundamental conditions are taken into account during its creation:

  1. The estate-leaver must be of legal age or older.
  2. The one who devises the estate should be in their right mind, memory, and understanding.
  3. The last will and testament in Arizona has to be signed by either the testator or their legal representative (in the presence of the person drawing up a will).
  4. A couple of witnesses must also sign the document within a certain period after attesting to the signing of this legal paper or the estate-leaver being of sound mind during its composition.
  5. The testator’s last wish can be considered a valid last will only if it is written down.
  6. Such a juridical document has to contain the list of beneficiaries, which is not limited to one person.
  7. The State of Arizona also permits the so-called holographic testament, handwritten and signed by the estate-leaver and not their lawyer. The same validity requirements apply for this type of last will.

Changing or Revoking a Last Will and Testament

By analogy with legislative documents of this kind available in other states, an Arizona last will and testament can be altered with codicil – a written addendum to the initial copy of the will.

Likewise, suppose the testator, for any reason, wishes to annul the already existing last will and testament. In that case, they should draw up a new will or destroy the present document partially or wholly.

If you would like to write a last will today, use our high-quality sample of a last will and testament in Arizona to simplify this procedure for yourself.

Consequences of Passing Without a Last Will

As it was already mentioned, dying without a last will and testament can result in a person leaving their family without a means of being self-sustaining. The laws of Arizona, in the absence of the last will, regulate asset distribution of the deceased as follows:

  • When an individual doesn’t leave behind any kids, but only a wife or a husband (with or without offspring), their marital partner inherits all of their earthly possessions.
  • In case the estate-leaver is survived by children and no life companion, their kids become their primary successors.

Remember that jointly owned property is excluded from the list of the bequeathed belongings.

Other Arizona Forms By Type

Other Last Will and Testament Forms By State