After you die, your will determines who receives your property and who will provide care for your dependent family members. You want to ensure that you have the right documents in your estate plan, especially if you have valuable property or children who rely on you for their basic needs,
A will is the simplest estate planning document, and it is often the cornerstone of an Arizona estate plan. Your will can name a guardian for your children and explain how to divide your property among your loved ones. What are the requirements for your will to hold up in probate court?
It must be a written document
Some people create a video in which they state their last wishes. Although these can be helpful, they will not have the same authority as a written will. Typically, a will must be written or printed and must include the signature of the testator.
The testator must be an adult of sound mind
An individual who wants to craft an estate plan or will must be at least 18 years of age and should not have any conditions that prevent them from making rational decisions. Some people with conditions like Alzheimer’s disease or developmental disabilities may not have the testamentary capacity required to create an enforceable estate plan.
There must be two adult witnesses
Two other adults will need to sign the will as a means of preventing fraud and ensuring someone had the capacity to create documents at the time of the signing. Ideally, those witnesses will not be beneficiaries of the estate, but having a beneficiary serve as witnesses does not automatically invalidate the documents either.
Learning about the requirements of a valid Arizona will can help you create a more effective estate plan.