Will & Testament
Even for people with few assets and simple estates, Arizona wills are an important document to have. This document makes it easier for your loved ones to honor your last wishes, simplifying the settlement of your estate with as little conflict as possible.
On this page, you’ll find answers to common questions about wills and testaments. For answers about your specific situation, contact our legal team for advice. We can also prepare documents for you, simplifying the process and giving you the peace of mind that your final wishes are properly documented.
What is a Last Will & Testament?
When people talk about Arizona wills, they’re generally referring to a last will and testament. Simply, a last will and testament specifies how you would like your estate to be settled after your death.
In addition, you can make a few additional provisions communicating your wishes if you are no longer able to make decisions for yourself or communicate your wishes due to illness or injury.
A last will and testament is often referred to simply as a will. The testament portion of this legal name makes it clear that this is a statement you have made in a state of good and clear judgement.
In Arizona, last will and testament provisions may include:
Naming an personal representative (in some states called executor): Your personal representative is responsible for carrying out the instructions in the will
Providing for minor children: Including naming a desired guardian for your minor children as well as making financial provisions for their care
Distribution of assets: This may include real property, personal property, bank accounts, retirement accounts, and more
Payment of liens or debts
Wills vs. Trusts: What’s the Difference?
Some people confuse a last will and testament with a trust. The major difference between a will and a trust is that a last will and testament comes into play after death and generally makes provisions to distribute assets and pay debts immediately following death.
A trust, on the other hand, can be active during a person’s lifetime and continue for a long time following a person’s death. A trust often provides more legal protections, and can also help you avoid probate.
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Some people are confused between a last will and testament and a living will. Although they sound similar, they are actually quite different.
A last will and testament is the one most people know about; it lays out your wishes about the distribution of your assets and your dependents’ care.
A living will is different from a last will and testament, but it’s an equally important document. It outlines your decisions about how you want to handle your end-of-life healthcare. This can include your choices about life support, organ donation, and autopsy. You can find out more about creating a living will in Arizona here.
Living wills and last wills and testaments provide important legal protections. Since they can be relatively simple documents to create, it behooves you to create both of them so you can effectively communicate all of your wishes about end-of-life care and distribution of your property upon death.
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As many as 64% of people in the U.S. don’t have a last will and testament. Most of these people believe it’s not an urgent need. Up to 15% of people don’t think they need one at all.
Unfortunately, it’s never too early to start thinking about how you want to provide for your dependents after you pass away. A last will and testament’s greatest benefit is its ability to name beneficiaries of your property, and guardians for your minor children or incapacitated adults who are dependent upon you. If you don’t define this ahead of time, the state may do it for you.
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Some people are confused between a last will and testament and a living will. Although they sound similar, they are actually quite different.
A last will and testament is the one most people know about; it lays out your wishes about the distribution of your assets and your dependents’ care.
A living will is different from a last will and testament, but it’s an equally important document. It outlines your decisions about how you want to handle your end-of-life healthcare. This can include your choices about life support, organ donation, and autopsy. You can find out more about creating a living will in Arizona here.
Living wills and last wills and testaments provide important legal protections. Since they can be relatively simple documents to create, it behooves you to create both of them so you can effectively communicate all of your wishes about end-of-life care and distribution of your property upon death.
Considering a Living Trusts? Click here to learn more.
What are Living Wills and Advanced Directives?
Each of us has a constitutional right to make our own medical treatment decisions within the bounds of the law and understanding that the government also has an interest in some decisions which effect preserving life, safeguarding the integrity of the medical profession, preventing suicide, and protecting innocent third parties.
Within these limitations, individuals have choices about their medical care through the process of informed consent. Here are some options our firm can assist you with:
Living wills
Living wills are documents that give instructions on the kind of treatment you would like to receive if you were to become terminally ill or in a persistent vegetative state and are unable to communicate your own instructions.
Medical directives
Medical directives are documents that provide guidance to your loved ones as to what types of treatment you would want in the event you are unable to communicate your own decision.
Both of these types of documents must be put into place while you are able to understand, reason and make judgments; thereafter, if you become unable to make such decisions due to physical or mental incapacity, a health care representative appointed by you in writing (or, if no one has been appointed, a representative appointed according to the law), will be asked to make treatment decisions on your behalf.
These decisions will be made following your expressed wishes, if you have made them known in your living will and/or medical directive, or by using your representative’s best judgment in relation to what he or she believes your wishes to be if you have not completed such documents. If your representative does not know what your wishes are, your representative must decide in good faith what would be in your best interests under the circumstances, considering:
Relief from suffering
Whether functioning will be preserved or restored, and
The quality and extent of sustained life
How do I create an Arizona Last Will and Testament?
A last will and testament is easy to create and can be readily changed.
If you’re over 18 and of sound mind, you can draft a will yourself and finalize it by signing it in front of two witnesses. The state of Arizona also recognizes handwritten — or holographic — wills as long as they are signed by you and in your handwriting.
Of course, consulting an attorney familiar with this area of law before you prepare your last will and testament is important. Distributing your assets and making provisions for your loved ones can be impacted by the manner and method of drafting these final documents.