The importance of writing the last will and testament form is often underestimated. But what if we tell you that if you pass away before drawing up a will, your earthly possessions become intestate? It implies that, in the absence of a will, the property you worked relentlessly for goes to those whom you may or may not have chosen as your desired inheritors. It happens due to the state assuming the role of the property “distributor.” Hence, making Arizona last will and testament is vital for Arizona residents who are ready or feel the need to express their last wishes in writing.
In case you (deceased person or decedent) leave behind a spouse and children, or if you only have a surviving marital partner who has descendants, doubling up as their heirs, then your husband or wife will inherit all of your assets. Then again, in case you, the decedent, are survived by kids and no significant other, your children will become your only successors.
The surviving marital partner may inherit a part of your legacy if you are survived by offspring not related to the spouse.
Taking this information into account, you probably see that creating a will is the right choice. If you do, we will gladly help you. At the end of this article, you will get a free sample of the last will and testament in Arizona.
Yet, firstly, we should clarify what a last will and testament (or simply last will) represents.
The above mentioned terms are used interchangeably to indicate an essential legal document confirmed by an ordinary person. In this legal paper, the individual who signed it (the testator) specifies that after their demise, their estate passes to a particular person or group of people. A free Arizona last will and testament will also indicate an individual who will receive the controlling interest for the property.
Nonetheless, it is crucial to note that it is relevant only when it comes to the distribution of legacy assets but not joint property or estate with any form of appointment of the beneficiary. By law, the individual who inherits your assets is an inheritor or a beneficiary.
Before finding out how to draw up a will, let’s take a look at the purposes of such a legal instrument:
- It determines who will inherit your probate estate when you pass away. Besides a proprietary right, you need the will to protect your assets.
- It comes in handy when you need to protect your minor children by allocating the guardian legally.
- It prevents your property from becoming an intestate estate.
- It protects your last wishes.
- It allows you to establish various trusts.
How to Create Arizona Last Will and Testament
Now, it is time to figure out the plan of making Arizona last will and testament. To create such a legal instrument, follow the next steps:
- Fill out the document or double-check it.
- Fill out the final form of the last will following legislative requirements.
- Specify your personal identification data such as your date of birth and social security number.
- Include a statement detailing your age and mental state. You must be in your right mind (and not being compelled or forced to) and over the age of 18. After that, be sure to mention that this document represents your last will. It is also allowed to indicate the conditions for revoking the will.
- Designate the executor. Please note that the executor is the individual you expect to fulfill the instructions specified in your last will. It can be your marital partner or close friend. However, before you assign them, discuss your will and responsibilities coming along with it with your potential executor. It is highly advised to confirm their readiness. In case your first choice cannot or will not perform the duties appointed to them, choose another person.
- The next step in creating your Arizona last will and testament is identifying your successors or legatees. In most cases, it includes your significant other or life partner and kids as the primary beneficiaries. When you wish to add other people, write down their names to avoid any ambiguity.
- Select a guardian for your underage kids or other dependents. If you have minor children, ensure to assign a highly responsible person, but don’t forget to express the responsibilities entrusted to them before you make them the legal guardian. In case you don’t name a guardian, the court will do it for you.
- Analyze your resources and liabilities. Your assets usually include real estate, bank accounts, securities, or material assets. Once you list all your belongings, assign your successors their percentage of ownership of your wealth. You can appoint beneficiaries for particular assets.
- Sign your Arizona last will and testament, since it won’t be valid without the testator’s signature. Luckily for you, the free form of the last will and testament for Arizona residents contains a specific field for the date and signature. Bear in mind that you must sign this legal paper in the presence of one or more adult witnesses or a public notary. In case you choose witnesses, get two, and ensure they sign your will in reasonable terms.
It’s crucial to note that your last will should be presented in written form only. Nonetheless, a holographic will is permissible, but only if the textual content of the last will and signature are provided solely by the one who bequeaths their legacy.
Finally, an Arizona last will and testament must be drawn up under the requirements of Section 14-2501 of the Statutory Code and what follows.
Remember that a last will be executed only upon your demise while a living will can be executed when you are alive but cannot make difficult decisions.
If you would like to create a will today, our free sample of the last will and testament for Arizona residents will make it easier for you.