Arizona Last Will Requirements
In Arizona, those wishing to fill out the last will and testament must be 18 years of age or older. They must also be healthy enough to make decisions for themselves and able to decide where their property goes and how it is distributed. Holographic wills are recognized in Arizona but are only accepted in some circumstances. Oral wills are not valid and will not hold up in a court of law. Handwritten wills must be witnessed and signed by both the witnesses and testator. It is simple to write wills, but for them to have legal force, the documents should be completed correctly and in compliance with Title 14 of 2014 Arizona Revised Statutes. Notarization of the last will is required for it to be self-proving.
How Do I Prepare For Completing the Last Will?
The best way to ensure that distributions and business is handled as desired is to complete the last will early while you’re still young and reasonable. Things to consider before writing a will include:
- Review of your property. It’s a good way to keep track of your property and assets, recording the estate, and knowing how much you own.
- Appointment of an executor. An executor will act as the representative for the testator at the time of their death. When selecting an executor, testators should select someone that is patient and can deal with all of the legal documents.
- Selection of beneficiaries. Beneficiaries are those who will receive the property of the testator. While this is usually close family, it can also include friends and acquaintances. The testator has the power to choose anyone specifically noting the items and property that each one receives. While the Arizona intestate legislation assigns your property to your immediate family, you may distribute your belongings in a different way by stipulating this in the last will document.
Create Your Last Will and Testament Online
You can download a free Arizona last will and testament template in the PDF form on our website. It is a printable document that you can fill and submit for witnessing ana notarization. There is also a step-by-step online builder on our website available for those who want to create custom fillable last will forms. Secure your family’s future fast and easy, using our user-friendly last will and testament templates to express your last will and end-of-life instructions for property succession.
What Happens If I Die Without a Last Will?
We don’t always know when our last day will come and sometimes an unexpected death happens. When it does and no last will is involved, families are often left to pick up the pieces. This includes making funeral plans and splitting up property. In the event of the sudden death of a loved one, the last thing families want to do is handle business. It can be tough and they can be in a state of grieving for some time. When you fill out a last will testament, you are taking care of business in case that day comes. You are securing the future of your belongings and doing with them what you wish.
If you pass without a will, the state of Arizona will take over and oversee the distributions of your property. Before distributing, however, they will take a look at debts owed, subtracting them from the value of your property. Whatever is left over will go to immediate family first including your spouse, children, grandchildren, or great-grandchildren. If none of the aforementioned are alive or can accept property, the state will search for parents, grandparents, and so forth. If no beneficiary is found, extended family is sought, including cousins, aunts and uncles, and nieces and nephews.
Filling Out a Last Will Statement
When all information is gathered, testators will need to fill out the last will form. This includes their personal information (name and city and county). The same information should be provided for the executor and beneficiaries including a list of all of the properties that the testator wants to distribute to each of them. Included in the document are sections of information and laws that testators will need to read and fully understand before signing.
When the time comes to sign the document, two witnesses of legal age must be present, providing both their signatures and printed names. All parties will fill out the affidavit part of the last will form, signing and dating it. The last step of the process is its notarization, which is carried out by a notary public in the presence of all parties as they make their signatures. Once the document is notarized, it is considered legal and binding. In the event of the testator’s sudden death, executors will look to the document for guidance, distributing property in the way the deceased wanted it to be.