What Is a Last Will and Testament?
Arizona defines a will as “a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.” (§ 14-1201(71))
Requirements
To execute a valid will, individuals must:
- Be mentally sound and at least eighteen (18) years of age. (§ 14-2501)
- The document must be in writing. (§ 14-2502(1))
- Sign in the presence of two (2) witnesses. (§ 14-2502(3))
- A witness cannot be a beneficiary (devisee) or related by blood, marriage, or adoption to a devisee under the will. (§ 14-2505(B))
Filing
The state of Arizona does not require residents to file wills during their lifetime. After the testator’s death, the will’s custodian must deliver it to the probate court or a responsible party. (§ 14-2516)
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