Fountain Hills Wills and Codicils
Fountain Hills Wills and Codicils
A Last Will and Testament, also referred to simply as a Will, is a legal document by which a person, called the Testator, names one or more persons, called an Executor, to manage his or her estate, and also provides for the distribution of his or her property at death. A will can also serve to name guardians for children and their property, provide for pets, and decide how debts and taxes will be paid.
A Codicil is an amendment or supplement to a will. In part, it may explain, modify, add to, delete from, alter, or revoke one or more of the provisions of an existing will. A codicil is typically used when a testator wishes to make minor changes in his or her own will.
At Fountain Hills Law Firm, our experienced legal team will assist you in preparing a will conforming to your desires and goals regarding your estate so that you can provide for your loved ones.
To schedule a free consultation with an estate planning attorney at Fountain Hills Law Firm, please call us at 480.345.2993 or fill out our online contact form.
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Fountain Hills Wills and Codicils FAQs
What is required for a will to be valid in Arizona? What makes a will invalid?
For a will to be valid in Arizona, it must meet the following legal requirements under Arizona Revised Statutes § 14-2502:
- Age and Mental Capacity
- The testator (person making the will) must be:
- At least 18 years old.
- Of sound mind (mentally competent).
- Voluntary Intent
- The will must be made voluntarily—free from duress, coercion, or undue influence.
- Written Will
- The will must be in writing. This can include:
- Typewritten or printed wills (most common).
- Holographic wills (entirely handwritten and signed by the testator).
- Signature
- The will must be signed:
- By the testator or
- By another person in the testator’s presence and at the testator’s direction.
- Witnesses (for non-holographic wills)
- A typewritten or formal will must be:
- Signed by at least two witnesses.
- Witnesses must sign within a reasonable time after witnessing the testator sign the will or acknowledge it.
- Witnesses should not be beneficiaries (although not required, it’s best practice to avoid potential conflicts of interest).
- Holographic Wills
- Do not require witnesses, if:
- The material provisions and the signature are in the testator’s handwriting.
- The testator’s intent to create a will is clear.
Optional: Self-Proving Affidavit
- Arizona allows a will to be “self-proved” at the time it’s executed, which speeds up the probate process.
- This involves the testator and witnesses signing the will in front of a notary public and including a self-proving affidavit.
Read more about Arizona Will Requirements.
Does a handwritten will need to be notarized in Arizona?
In Arizona, a handwritten will—known as a holographic will—does not need to be notarized to be valid. According to Arizona Revised Statutes § 14-2503, a holographic will is considered valid if:
- Handwriting: The material provisions (i.e., the key elements detailing the distribution of assets and beneficiaries) are entirely in the testator’s handwriting.
- Signature: The will is signed by the testator (the person making the will).
Unlike formal, typewritten wills, holographic wills in Arizona do not require witnesses or notarization. However, including a self-proving affidavit, which involves notarization, can simplify the probate process by affirming the will’s authenticity upfront. This affidavit is optional and not a requirement for the validity of a holographic will.
While holographic wills are legally recognized in Arizona, they can be more susceptible to challenges due to potential issues like unclear handwriting or ambiguous language. To ensure your estate planning documents accurately reflect your intentions and comply with legal standards, consulting with an estate planning attorney is advisable.
How much does it cost to have a will drawn up in Arizona?
The cost of drafting a will in Arizona varies based on factors such as the complexity of your estate, the professional you engage, and the specific services included. Here’s an overview of potential options and their associated costs:
- Do-It-Yourself (DIY) Wills:
Online Services: Utilizing online platforms to create a basic will can cost approximately $100-150. While cost-effective, these services may not account for Arizona-specific legal nuances, potentially leading to issues during probate.
- Legal Document Preparers:
Flat Fees: Engaging certified legal document preparers offers a middle ground between DIY approaches and hiring an attorney. For instance, one Arizona-based service charges:
$250 for a standalone last will and testament.
$500 for a comprehensive package, including a last will and testament, living will, healthcare power of attorney, and durable power of attorney.
- Attorney-Drafted Wills:
Flat Fees: Many attorneys offer flat rates for drafting wills, typically ranging from $300 to $1,000, depending on the complexity of the estate and the attorney’s experience.
Comprehensive Estate Planning Packages: For more intricate estates, attorneys may recommend comprehensive estate planning, which can include trusts, powers of attorney, and other documents. These packages generally range from $2,500 to $5,500+.
- Factors Influencing Cost:
Complexity of the Estate: Estates with multiple assets, business interests, or special provisions (e.g., special needs trusts) may incur higher fees due to the additional customization required.
Attorney’s Experience and Location: Highly experienced attorneys or those practicing in metropolitan areas may charge higher fees.
Additional Services: Incorporating other estate planning documents, such as living trusts or powers of attorney, can increase the overall cost.
Considerations:
DIY Risks: While drafting your own will or using online services is cost-effective, errors or omissions can lead to significant legal complications and expenses during probate.
Professional Guidance: Engaging a qualified professional ensures that your will complies with Arizona laws, accurately reflects your wishes, and addresses potential complexities, providing peace of mind and potentially saving money in the long run.
It’s advisable to consult with an estate planning professional to determine the most appropriate and cost-effective approach tailored to your specific circumstances.
Can I write my own Arizona will?
Yes, in Arizona, you can write your own will, which is referred to as a holographic will. A holographic will is one that is entirely handwritten and signed by you, the testator. According to Arizona Revised Statutes § 14-2503, such a will is considered valid if:
- Handwriting: The material provisions (i.e., the key elements detailing the distribution of your assets and beneficiaries) are entirely in your handwriting.
- Signature: The will is signed by you.
Unlike formal, typewritten wills, a holographic will in Arizona does not require witnesses or notarization to be valid. However, it’s essential to ensure that the document clearly expresses your testamentary intentions to avoid potential disputes during probate.
While creating a holographic will is legally permissible, it can be more susceptible to challenges due to issues like unclear handwriting or ambiguous language. To ensure your estate planning documents accurately reflect your intentions and comply with legal standards, consulting with an estate planning attorney is advisable.
How do I find a copy of a will in Arizona?
In Arizona, locating a copy of a will depends on whether the will has been filed with the court (probated) or remains in private possession. Here’s how you can proceed:
- If the Will Has Been Probated:
Once a will is submitted to probate, it becomes a public record. To obtain a copy:
- Identify the Appropriate Court:
- Wills are probated in the Superior Court of the county where the deceased resided.
- For instance, in Maricopa County, probate filings are managed by the Clerk of the Superior Court.
- Access Court Records:
- Many Arizona counties offer online access to court records.
- If online access isn’t available, visit the courthouse in person.
- Provide the deceased’s full name and date of death to assist in locating the file.
- Request Copies:
- Once the will is located, you can request to view or obtain copies.
- There may be a nominal fee for copying documents.
- If the Will Has Not Been Probated:
If the will hasn’t been filed with the court:
- Contact the Executor or Attorney:
- The executor named in the will is responsible for its administration.
- Reach out to the executor or the attorney who drafted the will to request a copy.
- Search Personal Records:
- Check the deceased’s residence for the will, especially in secure places like safes or filing cabinets.
- Inquire with close family members or friends who might be aware of its location.
- Safe Deposit Boxes:
- Determine if the deceased had a safe deposit box, which may contain the will.
- Accessing a safe deposit box may require legal authorization or a court order.
- If the Will Cannot Be Located:
If you’re unable to find the original will:
- Presumption of Revocation:
- In Arizona, if a will was last known to be in the possession of the testator (the person who made the will) and cannot be found after their death, there’s a presumption that it was destroyed with the intent to revoke it. This presumption can be rebutted with sufficient evidence.
- Proceeding Without a Will:
- If no will is found, the estate may be administered according to Arizona’s intestacy laws, which dictate how assets are distributed in the absence of a will.
Additional Resources:
- Arizona State Archives:
- For older probate records, particularly from the Territorial era through the 1960s, the Arizona State Archives may have relevant documents.
- Public Records Access:
- The Arizona State Library provides guidance on accessing various public records, including court documents.
Important Considerations:
- Legal Assistance:
- If you’re having difficulty locating a will or navigating the probate process, consulting with an attorney experienced in Arizona probate law can be beneficial.
- Privacy and Restrictions:
- Some records may be restricted due to privacy laws, especially if they involve minors or sensitive information.
By following these steps and utilizing available resources, you can increase your chances of locating a copy of a will in Arizona.