Wills
Arizona Last Will and Testament
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Arizona Last Will and Testament

By 

Jennifer Mcgee

Head of Legal at TrulyWill

Following your state's specific rules for making your Arizona last will and testament is crucial. You cannot just write down your wishes without following the protocol and considering it as a legal will. It could be challenged, and the court may not recognize it as valid. Therefore, your loved ones would still have to go through a probate process to get your estate, even if you've mentioned who inherits what. This process may even lead to your estate ending up in someone else's hands. The court cannot understand your private family relations and dynamics and would only act according to the law. That's why estate management is crucial for your family's future. 

If you want to make an Arizona last will and testament, here's what you should follow.

Table of contents

1. Requirements for an Arizona Last Will and Testament  

2. Who can be your witnesses?

3. Arizona rules for a personal representative

4. Arizona Last Will and Testament Notarization

5. Last Will Revocation rules

6. Last Will Amendment rules

7. Arizona rules for divorce after making your last will

8. What happens if you don't have a will in Arizona?

9. Last Will and Testament Arizona free template

10. How can TrulyWill help with your online will?

Requirements for an Arizona Last Will and Testament 

  • Written will: An Arizona last will and testament must be on paper to be legal. It can also be a digital file or electronic will. Arizona allows self-written or holographic wills.
  • Must be of at least 18 age 
  • Sound mind and memory: The testator for an Arizona last will must understand the will procedure, nature of their estate, and beneficiaries. For their last will to be valid, they must have a sound mind and memory.
  • Signed by the testator: To make it legal, you must sign your Arizona last will and testament before your two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will within a reasonable time.

Who can be your witnesses for an Arizona Last Will and Testament? 

Your witnesses for an Arizona last will must follow these conditions:

  • An Arizona witness must be at least 18 age.
  • They should be able to testify about what they saw and the will-making process.
  • You cannot select a witness who is related to you by marriage, blood, or adoption. Unless your will is self-proving, you cannot select these interested witnesses or beneficiaries. 

Arizona rules for a personal representative or an executor 

Choosing an executor for your Arizona last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. You need to select an adult as your Arizona last will executor. 
  2. Arizona doesn't restrict you from choosing a convicted felon as your executor.
  3. Capable of performing the job, i.e., of a sound mind and memory. 
  4. Arizona allows you to choose someone out of state as your executor.

Last will and Testament Notarization in Arizona 

There's no need to notarize your Arizona last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.

Arizona Last Will Revocation 

You could follow any of the following methods to revoke your Arizona last will and testament:

  • Destroy your last will by tearing, burning, obliterating, and shredding. 
  • Making a new legal will that revokes any part or the entire previous will.
  • Making a new will that contradicts the previous one

Arizona Last Will Amendment Rules 

If you wish to make some minor and simple changes to your Arizona last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Arizona rules for divorce after making your last will

  • Arizona law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • However, the provisions will stand if you state otherwise in your Arizona will.

What happens if you don't have a will in Arizona? 

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children 

Spouse inherits everything 

Has a spouse, has children 

(Children you share with that spouse)

Spouse gets everything 

Has a spouse, has children 

(At least one child is with someone other than that spouse)

Spouse gets one-half of your seperate estate 


Children inherit the balance of your separate property and your share of the community property 

Has parents, no children, no spouse 

Parents get everything 

Has siblings, no parents, no children, no spouse 

Siblings get everything 

Last Will and Testament Arizona Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Arizona free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Arizona last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Arizona last will and testament. 

How can TrulyWill help with an online Will and Testament?

TrulyWill is the perfect option to create a hassle-free online last will. You could go to the platform from your home's comfort and make your online will and testament. Online wills are a straightforward process; you should opt for them rather than spend hours in a lawyer's office. Furthermore, the process is pretty simple; you just add details, review for mistakes, read the guidelines, and download. That's it!

What else can TrulyWill do?

TrulyWill helps fulfill your varying needs for a will. You can opt for a simple last will and testament online or seek professional help. We offer everything from one-on-one legal support to solve your will issues.

Furthermore, you could opt for a trust-based plan depending on what suits you better. TrulyWill can help you figure out the process and help avoid substantial legal fees. So, you should go to the platform and get your online will in just a few minutes.

Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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What would happen to my estate if I had no immediate family?
If you create a will before you pass away, your estate will go to the beneficiaries you've mentioned. However, if you die without a will, it could go to your extended family or even the state if there are no relatives.
Do I need a lawyer to make my last will and testament?
There's generally no need to get a lawyer to make your will. You could use an online platform and easily make it within minutes. Only some special cases, like complex family relations, may require you to consult an attorney.
What would happen if someone passes away without a will?
The state's intestacy laws will be followed if someone dies without a will. The interested parties, like the spouse or children, would have to go through a probate process to get their share in the estate.
Can I decide who would look after my minor children in my will?
Yes, you should name a person as the guardian of your children in your will. It would help avoid any hassles, and they could look after your kids after you pass away.
Can I leave or donate my estate to an organization or charity?
You can leave all your assets to a charity organization. The court would follow your wishes and provide the organization with everything. However, consult an attorney to avoid any problems.
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