Drafting a Will: What Buckeye, AZ Residents Need to Know

A will is at the cornerstone of any estate plan. Unfortunately, many people delay writing a will, thinking they are either too young or have too few assets for it to matter. But that’s a risky misconception. Without a valid will, your property will be distributed according to Arizona law, which means it could go to people you don’t want to get it. 

Legal Requirements for Drafting a Will in Buckeye, Arizona

Arizona law sets forth the following requirements for those creating a will:

• The will’s maker (the testator) must be at least 18 and of sound mind. Sound mind means the person has testamentary capacity, or the ability to understand the nature of their assets and the consequences of creating a will. 
• The testator must not be unduly influenced. A judge can invalidate a will if they find the testator was manipulated or threatened when executing the will. 
• A will must be in writing, signed by the testator or in their name by someone in the testator’s conscious presence and at the testator’s direction. At least two witnesses to the testator’s signature must also sign acknowledgments to the will within a reasonable time after the testator’s signature. A handwritten will (also called a holographic will) is likely valid if the beneficiary designations, gifts, and the testator’s signature match their handwriting. 

A testator can create a self-proving will if they have it notarized. Witnesses sign an affidavit in the presence of a notary attesting that the will is valid. This step is optional but can simplify the process of validating a will in court without calling on the witnesses to provide testimony. 

Key Components of a Will

A will generally contains the following elements, which express the wishes and goals of its maker:

• Personal information and declaration – A will should identify itself as the last will and testament of the testator and declare an intent to distribute their probate estate under the will. 
• Appointment of personal representative (executor) – The testator can nominate one or more people to serve as executor to oversee estate administration. The testator can alternate executors if their first choice cannot or will not serve as executor. 
• Distribution of assets – The bulk of the will’s text will describe how to distribute the testator’s estate. The testator may bequeath specific items to beneficiaries or a percentage of the estate’s value. A will may also contain a residuary clause nominating beneficiaries to receive any assets not otherwise disposed of by the will. 
• Guardianship for children – If the testator is a parent, they can also nominate individuals to serve as guardians for their minor children if they and the other parent pass away. 

Common Mistakes to Avoid

Common mistakes that people make when drafting wills include:

• Failing to review and update the will regularly
• Not identifying beneficiaries clearly, such as by using group names like “my children” or not distinguishing between family members with similar names
• Failing to bequeath digital assets like cryptocurrencies or websites
• Failing to consider tax implications
• Choosing someone unwilling or unfit to serve as executor

How a Buckeye Estate Planning Attorney from Pennington Law, PLLC Can Help

A Buckeye estate planning lawyer from Pennington Law, PLLC can help you draft an effective will by:

• Inventorying your assets 
• Preparing your will in a timely way, using the proper wording to ensure it is valid 
• Offered tailored legal advice in identifying an executor and making beneficiary designations 
• Verifying your will complies with Arizona law 
• Updating the will as your life circumstances change 

Drafting a will doesn’t need to be stressful. Contact Pennington Law, PLLC today for a confidential consultation with an experienced estate planning lawyer in Buckeye, Arizona.