A will is one of the most important legal documents you can have, yet many people put off creating one because they believe they have plenty of time or think estate planning is only for the wealthy. The truth is that every adult can benefit from having a legally valid will. Whether you want to provide for your family, name a guardian for your children, or ensure your assets are distributed according to your wishes, a properly prepared will gives you control over what happens after you’re gone.
If you live in Scottsdale, understanding how Arizona law affects your will is essential. From choosing the right personal representative to understanding what happens if you die without a will, having accurate information can help you make informed decisions about your future.
Below, we’ve answered 25 of the most common questions our Scottsdale estate planning attorneys hear about wills. While these answers provide a helpful overview, every family and estate is unique. The best way to ensure your wishes are protected is to work with an experienced estate planning attorney who can create a will tailored to your specific goals.
If you’re ready to create your first will, update an existing one, or discuss whether a trust should also be part of your estate plan, contact Kierman Law. Our experienced Scottsdale estate planning attorneys are here to answer your questions, explain your options, and help you create a comprehensive plan that protects your loved ones and your legacy for years to come.
1. What is a will?
A will is a legal document that explains how you want your property and assets distributed after your death. It also allows you to name a personal representative (executor) to administer your estate and, if you have minor children, nominate a guardian to care for them.
2. Why do I need a will?
A will gives you control over who inherits your property and who manages your estate. Without one, Arizona law determines how your assets are distributed, which may not reflect your wishes.
3. Who should have a will?
Every adult should consider having a will. Whether you’re single, married, own a home, have children, or own a business, a will helps protect your interests and your loved ones.
4. What happens if I die without a will in Arizona?
If you die without a valid will, Arizona’s intestate succession laws determine who receives your assets. The court will also appoint someone to administer your estate, and you lose the opportunity to choose who receives your property.
5. What can I include in my will?
You can include instructions regarding your property, personal belongings, financial assets, family heirlooms, charitable gifts, guardians for minor children, and the person you want to serve as your personal representative.
6. Can I leave my home to a specific person?
Yes. A will allows you to specify who should inherit your home or other real estate. However, depending on your goals, a trust may provide additional benefits.
7. Can I name a guardian for my children?
Yes. One of the most important purposes of a will is allowing parents to nominate a guardian for their minor children. While the court makes the final appointment, your wishes are given significant consideration.
8. What is a personal representative?
A personal representative, sometimes called an executor, is the person responsible for administering your estate, paying debts, filing required paperwork, and distributing assets according to your will.
9. How do I choose the right personal representative?
Choose someone who is trustworthy, organized, responsible, and capable of handling financial and legal matters. Many people choose a spouse, adult child, sibling, close friend, or professional fiduciary.
10. Does my personal representative have to live in Arizona?
Not necessarily. Arizona law allows many out-of-state individuals to serve as personal representatives, although there may be practical considerations depending on the circumstances.
11. Can I disinherit someone?
In many situations, yes. However, Arizona law provides certain protections for surviving spouses and may affect your ability to completely disinherit certain individuals. An estate planning attorney can advise you on your options.
12. Can I leave money to a charity in my will?
Yes. Many people include charitable gifts in their wills as part of their legacy. You can leave a specific amount, a percentage of your estate, or particular assets to charitable organizations.
13. What happens if one of my beneficiaries dies before I do?
It depends on how your will is written and Arizona law. Your attorney can include provisions addressing this situation to ensure your assets are distributed according to your wishes.
14. Can I change my will after it’s signed?
Yes. As long as you remain legally competent, you can update your will through a codicil or by creating a new will whenever your circumstances change.
15. How often should I update my will?
Review your will every three to five years or after major life events such as marriage, divorce, the birth of a child, the death of a beneficiary, purchasing significant assets, or changes in Arizona law.
16. Does getting married affect my will?
Marriage can significantly affect your estate plan. It’s important to review and update your will after getting married to ensure it reflects your current wishes.
17. Does divorce affect my will?
Divorce may affect portions of your will under Arizona law, but it is still important to revise your estate planning documents after a divorce to avoid unintended consequences.
18. What if I have children after creating my will?
You should update your will after the birth or adoption of a child to ensure your estate plan reflects your growing family and includes appropriate guardianship provisions.
19. Can I write my own will?
While Arizona recognizes certain self-prepared wills, mistakes can lead to costly probate disputes or unintended outcomes. Working with an attorney helps ensure your will complies with Arizona law and reflects your goals.
20. Does a will avoid probate?
Generally, no. Most wills must go through probate before assets can be distributed. If avoiding probate is one of your goals, your attorney may recommend incorporating a revocable living trust into your estate plan.
21. Do I need a trust if I already have a will?
It depends on your estate, assets, and objectives. Many Scottsdale families benefit from having both a will and a trust as part of a comprehensive estate plan.
22. Where should I keep my original will?
Store your original will in a safe but accessible location where your personal representative knows how to find it. Avoid places that may become inaccessible after your death, such as certain safe deposit boxes.
23. Who should know I have a will?
Your personal representative, trusted family members, and your estate planning attorney should know that your will exists and where the original document is stored.
24. How much does it cost to create a will?
The cost depends on the complexity of your estate and whether additional estate planning documents are included. An attorney can explain your options and recommend a plan that fits your needs.
25. Why should I work with a Scottsdale estate planning attorney to prepare my will?
An experienced Scottsdale estate planning attorney can help ensure your will complies with Arizona law, addresses your family’s unique circumstances, minimizes the risk of disputes, and works together with the rest of your estate plan. Rather than relying on generic online forms, you’ll receive personalized legal guidance designed to protect your wishes and your loved ones.
Ready to Create or Update Your Will?
A properly drafted will provides peace of mind, knowing your loved ones will have clear guidance when they need it most. Whether you’re creating your first will, updating an existing document, or determining whether a trust should also be part of your estate plan, experienced legal guidance can help you avoid costly mistakes and ensure your wishes are honored.
At Kierman Law, we help individuals and families throughout Scottsdale create customized wills and comprehensive estate plans tailored to their unique needs and goals. We’ll answer your questions, explain your options, and develop a plan that protects your family today and for years to come.
Contact Kierman Law to schedule a consultation with an experienced Scottsdale estate planning attorney and take the next step toward protecting your legacy.