A Last Will and Testament is the legal document that lets you decide what should happen to your estate instead of leaving those decisions to Arizona law. It can state who receives your property, identify who should administer your estate, and work alongside other planning tools as part of a more complete estate plan.
For Arizona families, a will is often the starting point for protecting property, clarifying final wishes, and reducing future disputes. HagEstad Law Group’s estate & probate lawyers assist clients with wills, probate matters, and broader estate planning throughout Arizona.
*Disclaimer: This blog post provides general information and is not intended to serve as legal advice. Legal matters are often complex and vary by jurisdiction. For advice on your specific situation, we recommend consulting one of our experienced attorneys.
If You Do Not Write a Will, Arizona Has One Ready for You
When someone dies without a will, Arizona's intestacy law decides who inherits their assets. Under A.R.S. § 14-2102, a surviving spouse generally receives the entire intestate estate if all surviving descendants are also the spouse’s descendants. If one or more surviving descendants are not the surviving spouse’s descendants, the spouse receives one-half of the intestate separate property and no interest in the decedent’s one-half of community property.
If there is no surviving spouse, the law follows a set order. Under A.R.S. § 14-2103, the estate passes first to descendants, then to parents, then to siblings or their descendants, and then to grandparents or their descendants.
That may sound straightforward on paper, but real life rarely is. Blended families, long-term partners, stepchildren, close friends, and favored charities do not fit neatly into Arizona’s default formula.
A Will Gives You the Power to Decide Who Gets What
A will lets you leave clear instructions instead of relying on a one-size-fits-all statute. You can direct who receives specific property, name the person who will manage your estate, and spell out gifts that would never appear in intestacy law.
You may want to leave:
- A family home to one beneficiary
- Jewelry or keepsakes for specific relatives
- Firearms, tools, or collections to the right person
- A gift to a church, charity, or nonprofit
- Personal items with sentimental value to the people who will care about them most
Arizona law (14-2513) also allows a will to refer to a separate written list for tangible personal property, other than money, as long as the writing meets statutory requirements. You can direct who receives specific property, name the person who will act as personal representative of the estate, and designate alternate beneficiaries.
Arizona Has Clear Rules for a Valid Will
A will should not be treated as valid merely because it reflects a person’s wishes. Arizona law imposes execution requirements, and the document must satisfy the applicable statutory standard.
Paper Wills
Under A.R.S. § 14-2502, a will in Arizona must be in writing, signed by the testator or by another individual in the testator’s conscious presence and at the testator’s direction, and signed by at least two witnesses within a reasonable time after witnessing the signing or the acknowledgment.
Handwritten Wills
Under A.R.S. § 14-2503, a will that does not comply with the normal witness requirements may still be valid as a holographic will if the signature and the material provisions are in the testator’s handwriting.
Self-Proved Wills
Under A.R.S. § 14-2504, a will may be made self-proved by the testator’s acknowledgment and the witnesses’ affidavits before an officer authorized to administer oaths. That step can make the probate process easier because the will carries its own proof of formalities.
Interested Witnesses
Under A.R.S. § 14-2505, a person generally competent to be a witness may act as a witness to a will, but for wills executed on or after October 1, 2019, a devisee or certain relatives of a devisee may not act as a witness unless the will is self-proved as prescribed by statute.
Electronic Wills
Arizona also recognizes electronic wills under A.R.S. § 14-2518 if the statutory requirements are satisfied.
A will is most effective when it clearly states the decedent’s wishes and complies with the formal requirements that apply to the type of will being used. Generic forms and DIY estate planning can create avoidable execution problems.
Parents Can Use a Will to Name the Right Guardian
For parents of minor children, a will addresses more than financial distribution. It can also be used to nominate the person you want to care for your child if both parents die or if the surviving parent cannot serve.
Under A.R.S. § 14-5202, the parent of a minor may appoint by will a guardian of an unmarried minor. The statute further provides that the testamentary appointment becomes effective upon filing the guardian’s acceptance in the court in which the will is probated, if the statutory conditions are met.
A written nomination does not eliminate every possible dispute, but it provides the court and the family with a direct statement of parental intent. That is substantially more useful than relying on informal conversations or conflicting family assumptions.
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A Will Helps Your Family, but It Does Not Skip Probate
A will gives instructions for property that must pass through probate. It tells the court and the personal representative what you want done. It does not automatically remove the estate from probate.
Arizona’s courts describe probate as a court process that oversees decedents’ estates and protects individuals’ property.
Arizona law also provides simplified small-estate procedures in some situations under A.R.S. § 14-3971. That can help some families, but it does not replace the value of a will. Families still need clear written instructions about who inherits, who is in charge, and how personal property should be handled.
A Will and a Trust Are Not the Same Thing
A will and a trust are both estate-planning tools, but they serve different legal functions.
A will is often the starting point. A trust may be added to hold property in a different structure, reduce probate exposure for certain assets, or create more detailed distribution terms.
A will is often the foundational document in an estate plan. A trust may be added when the client’s objectives include trust-based management, more detailed control over distribution, or planning that extends beyond a basic probate framework. A revocable living trust can hold assets during life and continue to govern distribution after death.
Major Life Changes Should Trigger a Will Review
A will should be reviewed periodically and after material life events. Even a properly executed will can become outdated if it no longer reflects the person’s family structure, asset profile, or intended beneficiaries.
A review is commonly warranted after:
- Marriage
- Divorce
- The birth or adoption of a child
- The death of a beneficiary
- The death of a nominated personal representative
- The purchase or sale of significant property
- The creation, acquisition, or sale of a business
- A substantial change in family relationships or finances
An outdated will may remain legally valid while still failing to reflect the person’s current wishes. The objective is not only to have a will, but to have one that continues to correspond to present circumstances.
A will should be revisited when a major family, financial, or property change affects the way the estate should be administered or distributed.
Put Your Wishes in Writing While You Still Can
A will gives you the opportunity to state how you want your estate handled under Arizona law. It allows you to identify beneficiaries, nominate the person who should administer your estate, and, for parents, name the person you want to care for your minor children.
HagEstad Law Group assists Arizona clients with estate planning matters, including wills and related planning documents. If you are ready to put your wishes into writing, contact us to schedule a consultation.
