- 1 -
ARIZONA WILL INSTRUCTIONS
U.S. Legal Forms, Inc. http://www.uslegalforms.com
1. This Will is designed to be completed on your computer. To do so, use
your mouse and click on each field which will be highlighted in gray. This will replace
the gray with the words you type.
Example: _____________________________[1] will become JOHN DOE.
If you ordered and received this Will in hard copy, you may also use these instructions
to complete the Will, leaving the reference numbers, and placing the names, etc you
desire next to the field numbers.
2. The Will contains Articles which cover vario us matters. The information
below is designed to assist you in completing the fields contained in the articles of the
Will.
3. Article / Field Completion Instructions.
Field [1] - Your Name.
Field [2] - Your Name.
Field [3] - Your County of Residence.
ARTICLE ONE
This article allows you to specify your current marital status and to name all
children you may have and their date of birth.
Field [4] - Double click proper box to select marital status.
Fields [5 -10] - Type the names and bi rth dates of all children, if
applicable. If you have no children, leave blank.
ARTICLE THREE
This article is for you to specify specific property to go to a specific person. If you
do not leave any, type none and delete the fields.
Field [11] - Type Name.
Field [12] - Address.
Field [13] - Relationship.
Field [14] - Describe the property to go to this person.
Field [15] - Type Name.
Field [16] - Address.
Field [17] - Relationship.
Field [18] - Describe the Property.
- 2 -
Field [19] - Typ e Name.
Field [20] - Type Address.
Field [21] - Relationship.
Field [22] - Describe the Property.
Field [23] - Type Name.
Field [24] - Type Address.
Field [25] - Relationship.
Field [26] - Describe the Property.
ARTICLE FOUR
This article is for you to leave your homestead, if you have one on the date of death to
persons designated. You may choose to bequest your homestead to your spouse, your
children, or allow your primary residence to pass under Article Five.
Field [27] - Complete this field only if you want to leave your
homestead to your spouse. Remember to sign your
name under this provision if selected.
Field [28 -30] - Complete these fields only if you want to leave your
homestead to your child(ren). Remember to si gn your
name under this provision if selected.
Field [31] - Complete this field only if you want to leave your
homestead to another individual(s) other than your
spouse or children or if you have no spouse or
children. Remember to sign your name under this
Provision if selected.
Field [32] - Double click on this box to select this provision only if
you want your primary residence to pass under Article
Five of this Will. Remember to sign your name under
this provision if selected.
Note: If your home is jointly owned with another and held as joint tenants with
rights of survivorship, the home will pass to the survivor and will not be controlled by
your will.
ARTICLE FIVE
This article is for you to leave all the rest and remainder of your property and any
special items you listed in Article Three. This article gives you the following options as to
the disbursement of the remainder of your property: Bequest to child(ren), bequest to
spouse, bequest to another individual(s) or organization(s ).
Field [33 -35] - Complete these fields only if you want the remainder
- 3 -
of your property to pass to your child(ren). Remember
to sign your name under this provision if selected.
Field [36] - Complete this field only if you want the remainder of
your property to pass to your spouse. Remember to
sign your name under this provision if selected.
Field [37] - Complete this field only if you want the remainder of
your property to pass to another individual(s) other
than your spouse or children or if you have no spouse
or children. Remember to sign your name under this
provision if selected.
ARTICLE SIX
This article concerns property which is to vest in a trustee for a minor beneficiary.
This s ection should be completed only if you have minor children.
Field [38] - Enter age of minor beneficiary requiring the
assistance of a trustee.
Field [39] - Enter age at which beneficiary will receive distribution
of trust principal and income.
Field [40 ] - Enter age of beneficiary at which the named trustee is
required to distribute remaining trust property.
Field [41] - Enter name of trustee.
Field [42] - Enter name of alternative trustee.
Field [43] - Enter name of guardian for minor children.
ARTICLE SEVEN
This article requires that you name a personal representative and a successor
personal representative.
Field [44] - Enter name of your personal representative.
Field [45] - Enter name of your successor personal
rep resentative.
ARTICLE TEN
Article ten contains construction intentions and miscellaneous provisions. Be sure
to check the box appropriate box concerning whether you want to be deemed to have
died before or after your spouse in the event you die in a co mmon disaster with your
spouse.
- 4 -
All other blanks in the Will are typically completed by hand, such as the names of
the witnesses, day, month and year executed, etc.
Once you have completed the Will, double -check all entries and then print. The
Will should be signed by you in front of two witnesses, not related to you. Please sign
all pages of the Will in the places designated.
The self -proving affidavit is used to prove the Will and make the Will subject to
probate. If the affidavit is not comple ted now, someone will have to locate the witnesses
after your death and obtain an affidavit. Therefore, it is best to sign the Will in the
present of two witnesses AND a notary public so that the affidavit can be completed by
the Notary.
You should keep your Will in a safe place once executed. It is also
recommended that you give a copy to your executor or other person as additional proof
of execution.
- 5 -
ADDITIONAL INFORMATION ABOUT YOUR WILL FORM
This section will briefly explain some of the articles of your will and provide other
information. Articles of the Will which are basically self -explanatory are not discussed
here. In addition, information which is already provided in the instructions above is not
repeated.
First Paragraph: The first paragraph of the Will, provides your name,
residence information and provides that all prior Wills, if any, are revoked since you
have now made a new Will.
Article Three: Some people have specific property that they desire to leave
to a specifi c person, such as a ring or antique. This Article is for you to leave such
property. You do not have to name specific property and may simply state none if no
property is to be left under this Article.
Article Six: This Article is for you to name a Trustee for a minor
beneficiary. The person named should be an adult. Complete this section only if you
have minor children.
Article Seven: This Article is for you to name a Personal Representative.
The person named sh ould be an adult.
Article Eight: If not waived, some Courts will require your Personal
Representative post a bond, and file an inventory, accounting and/or appraisal. All this
can be costly and time consuming. This Article states your intention that you r Personal
Representative not be required to post a bond or file an inventory or accounting.
Article Nine: This Article sets forth powers of your Personal Representative
and is designed to give broad powers without the requirement that Court appro val be
sought for action by the Representative to the extent permitted by the laws of your
State.
Article Ten: This article sets forth some legal construction intentions to
clarify some of the issues which may arise.
- 6 -
BASIC INFORMATION
What is a Will? A Will is a document which
provides who is to receive your property at death,
who will administer your estate, t he appointment of
trustees and guardians, if applicable, and other
provisions.
Who may make a Will? Generally, any person 18
years or older of sound mind may make a Will.
(Some states allow persons under 18 to make a
Will)
What happens if I die without a Will? If you die
without a will you are an intestate. In such a case,
state laws govern who receives your property.
These laws are called "intestate succession laws".
If you die without a Will, the Court decides who will
administer your estate. Gene rally, it is more
expensive to administer an estate of a person who
died without a Will, than a person who dies with a
Will.
General
When making a Will you need to consider who will
be named as your personal representative or
executor to administer your estate, who you will
name as guardian and trustee of minor children if
your spouse does not survive you and who will
receive your property. You should also consider tax
issues. The person appointed as executor or
administrator is often your spouse, but yo u should
also name an alternate, in case your spouse
predeceases you. The person you name should be
a person you can trust and who will get along with
the beneficiaries named in the Will.
In the event your spouse predeceases you, the
guardian you name wi ll have actual custody of your
minor children unless a court appoints someone
else. The trustee you appoint to administer a trust
you established would be in charge of the assets of
the trust for the benefit of the minor beneficiaries.
Generally, a Will must be signed in the presence of
at least two witnesses (three for Vermont) who also
sign the Will. A notary public will also need to sign if
the Will contains a self -proving affidavit. Generally,
a self -proving affidavit allows the Will to be admitted
to probate without other evidence of execution.
Joint Property: Many people do not understand
that joint property may pass outside your Will and
also sometimes assume that it will pass through
their Will. They do not understand the significance
of joint o wnership. The issue is common in the
following areas, provided as examples:
(a) Real Estate: Often, a husband and wife
will own real estate as joint tenants with rights of
survivorship. If one party dies, the surviving party
receives the property regard less of what the Will
provides. This is common and generally
acceptable. However, if this is not your desire you
should change the ownership of the property to
tenants in common or other form of ownership. If
you own real estate as tenants in common, th en you
may designate who will receive your share of the
property at your death. This issue can be a problem
when uninformed persons take title to real estate as
joint tenants with rights of survivorship but really
intended to leave their share to, for exa mple,
children of a prior marriage.
(b) Bank Accounts/Certificates of Deposit,
Stock, Retirement Plans, IRA’s and other type
Property: The same ownership as real estate
can be made of these investments. In fact, many
Banks routinely place Bank accounts and
Certificates of Deposit in the joint tenant with right of
survivorship form of ownership if more than one
person is on the account or CD, without advising
you of the consequence of same. In situations
where the persons are husband and wife and there
is no issue or concern over divorce or children from
previous marriages, this may be the best course of
action. However, with divorce on the rise,
premarital agreements and multiple marriages being
common, the parties may be doing something that
was not t heir intent. Another common problematic
situation is if a parent has more than one child but
only one child resides in the hometown of the
parent. The parent may place the name of the child
who resides there on all accounts, CD’s and other
investments fo r convenience reasons and establish
a joint tenant with right of survivorship situation
without realizing that only that child will be entitled to
those assets at the parent’s death. Simply put, you
should be aware when you acquire an asset or
investment exactly how it is titled.
- 7 -
For additional information, see the Law Summary and Information and Preview links in
the search results for this form. A Definitions section is also linked on the Information
and Preview page.
DISCLAIMER/LICENSE/LIABILITY LIMITATION
All forms in this package are provided without any warranty, express or implied, as
to their legal effect and completeness. Please use at your own risk. If you have a
serious legal problem we suggest that you consult an attorney. U.S. Legal Forms,
Inc. does not provide leg al advice. The products offered by U.S. Legal Forms
(USLF) are not a substitute for the advice of an attorney.
Signed by Testator/Testatrix: __________________________________ - 1 -
LAST WILL AND TESTAMENT OF
________________________[1]
BE IT KNOWN THIS DAY THAT,
I, _____________________________[2] , of _________________________[3] County,
Arizona, being of legal age and of sound and disposing mind and memory, and not acting under
duress, menace, fraud, or undue influence of any person, do make, declare and publish this to
be my Will and hereby revoke any Will or Codicil I may have made.
ARTICLE ONE
Marriage and Children
(Double clic k box to select and mark as checked)
[Field 4]
I am:
(a) Single (not married) with no children
(b) Single (not married) with minor children.
(c) Married with no children.
(d) Married with minor children.
(e) Married with adult children.
(f) Other: __________________
If I have children, their names and date of birth are:
Name: _______________________________[5] Date of Birth: __________________[6]
Name: _______________________________[7] Date of Birth: __________________[8]
Name: _______________________________[9] Date of Birth: __________________[10]
ARTICLE TWO
Debts and Expenses
I direct my Personal Representative to pay all costs and expenses of my last illness and
funeral ex penses. I further direct my Personal Representative to pay all of my just debts that
may be probated, registered and allowed against my estate. However, this provision shall not
extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation or
any statutory duty of my Personal Representative to pay debts.
ARTICLE THREE
Specific Bequests of Real and/or Personal Property
I will, give and bequeath unto the persons named below, if he or she survives me, the
Property describe d below:
Name/Address/Relationship Property Description
[11]
[12]
[13]
[14]
Signed by Testator/Testatrix: __________________________________ - 2 -
[15]
[16]
[17]
[18]
[19]
[20]
[21]
[22]
[23]
[24]
[25]
[26]
[LIST OR STATE NO PROPERTY LEFT UNDER THIS ARTICLE]
In the event I name a person in this Article and said person predeceases me, the
bequest to such person shall lapse and the property shall pass under the other provisions of this
Will. In the event that I do not possess or own any property listed above on the date of my
death, the bequest of that property shall lapse.
ARTICLE FOUR
Homestead or Primary Residence
I will, devise and bequeath all my interest in my homestead or primary residence, if I
own a homestead or primary residence on the date of my death that passes through this Will, to
my s pouse, _____________________________[27] , if he or she surv ives me. If he or she does
not survive me, then my homestead or primary residence shall pass under the residuary clause
of this Will. Sign ed if Selected: _______________________________
OR
I Will, devise and bequeath all my interest in my homestead or primary residence, if
I own a homestead or primary residence on the date of my death that passes through this Will,
to my children, _____________________________[28] and
_____________________________[29] and _____________________________[30] , equally,
per stirpes.
Sign ed if Selected: _______________________________.
OR
I devise and bequeath all my interest in my homestead to:
____ __________________[31]
Sign ed if Selected: _______________________________.
OR
My Primary residence shall pass under Article Five. [Field 32]
Sign ed if Selected: _______________________________.
Signed by Testator/Testatrix: __________________________________ - 3 -
ARTICL E FIVE
All Other Property of Every Kind
I will, devise, bequeath and give all of my property and estate of every kind and
character, including, but not limited to, real and personal property in which I may have an
interest at the date of my death and whic h is not otherwise effectively disposed of as follows:
(a) To my children _____________________________[33] and
_____________________________[34] and
_____________________________[35] , equally, per stirpes. If one of my
children shall predecease me, then the equal share set apart for that
deceased child shall instead be distributed to his or her descendants, per
stirpes. If one of my children shall predecease me leaving no d escendants
surviving, then the equal share set apart for that deceased child shall instead
be distributed to my other child, or if that child has also predeceased me, then
to his or her descendants, per stirpes.
Sign ed if Selected: _______________________________.
(b) To my spouse, _____________________________[36] .
Sig ned if Selected: _______________________________.
(c ) To _____________________________[37]
Sign ed if Selected: _______________________________.
ARTICLE SIX
Property To Vest In Trustee for Child Beneficiary
(Complete only if you have minor children)
If I have children and any of my children are unde r the age of ______[38] years of age on
the date of my death, then I direct that my Personal Representative shall transfer, assign and
deliver over to my Trustee, named below, such beneficiary’s share of my estate and the objects
of property described herein. I direct my Trustee to hold said Beneficiaries share of my estate
and administer the assets of the Trust for the use and benefit of the Beneficiaries for the
purpose of providing for their health, e ducation and general welfare in accordance with their
accustomed standard of living as much as is possible, considering the value of the Trust
property and their other sources of income. The Trustee, may in his or her discretion, distribute
to or for the benefit of the named Beneficiaries, such portions of the income and principal of the
Trust as he or she in his or her sole discretion shall determine to be necessary to accomplish
the purposes of this Trust. The Trustee may make such distributions as ofte n or as seldom as
he or she may determine in his or her sole discretion without the necessity of any court authority
or approval, this being a private trust. As each Beneficiary herein reaches the age of
______[39] years, the Trustee shall distribute to said beneficiary his or her share of the trust
principal and income as of the distribution date. When the youngest B eneficiary reaches the age
of ______[40] years, the Trustee shall distribute all of the remaining Trust property inc luding
principal and accumulated income to the Beneficiary and this Trust shall terminate. In making
said distributions, the Trustee may make distributions in kind and shall have the sole discretion
as to valuation of the Trust property in determining and apportioning distributions among the
Signed by Testator/Testatrix: __________________________________ - 4 -
Beneficiaries.
I appoint ______________________[41] , or if the appointee fails to qualify or cease to
act, I appoint _____________ _________[42] , as Trustee of the Trust provisions of this Will to
serve i n said capacity with all the powers during the administration of the Trust as are granted to
Trustees under Arizona law including the power to sell any of the real or personal property of the
Trust for cash or on credit or to mortgage it or to lease it, al l to be exercised without Court order.
The Trustee named herein shall also have all powers as are granted to my Personal
Representative under the provisions of this Will during the administration of this private Trust.
In the event that there is need for a guardian for my minor children, if any, I appoint
______________________[43] , as Guardian of said minor children.
Neither the principal nor the income of any Trust provision contained in this Will nor any
part of same shall be liable for the debts of any Beneficiary hereunder, nor shall the same be
subject to seizure by any Creditor of any Beneficiary, and no Beneficiary therein shall have any
power to sell, assign, transfer, encumber, or in any manner to anticipate or dispose of his or her
interest in the Trust fund, nor any part of same nor the income produced from said fun d nor any
part of same.
ARTICLE SEVEN
Appointment of Personal Representative, Executor or Executrix
I hereby appoint ______________________[44] , as Personal Representative of my
estate and this Will. In the event my Personal Representative shall predecease me, or, for any
reason, shall fail to qualify or cease to act as my Personal Representative, then I hereby appoint
______________________[45] to serve as successor Personal Representative of my estate
and Will.
The term “Personal Representative”, as used in this Will, shall be deemed to mean and
include “Personal Representative”, “Executor” or “Executrix”.
ARTICLE EIGHT
Waiver of Bond, Inventory, Accounting, Reporting and Approval
My Personal Representative a nd successor Personal Representative shall serve without any
bond, and I hereby waive the necessity of preparing or filing any inventory, accounting,
appraisal, reporting, approvals or final appraisement of my estate.
ARTICLE NINE
Powers of Personal Repre sentative, Executor and Executrix
I direct that my Personal Representative shall have broad discretion in the administration
of my Estate, without the necessity of Court approval. I grant unto my Personal Representative,
all powers that are allowed to be exercised by Personal Representatives by the laws of the State
of Arizona, including, but not limited to, any "Uniform Trustees' Powers Law," and/or “Probate
Code” adopted by the State of Arizona.
Signed by Testator/Testatrix: __________________________________ - 5 -
All authorities and powers granted unto my Personal Repr esentative shall be exercised
from time to time in her or his sole and absolute discretion and without prior authority or
approval of any Court, and I intend that such powers be construed in the broadest possible
extent.
ARTICLE TEN
Construction Intentions and Misc. Provisions
It is my intent that this Will be interpreted according to the following provisions:
1. The masculine gender shall be deemed to include the feminine as well as the
neuter, and vice versa, as to each of them; the singular shall be d eemed to include the plural,
and vice versa.
2. The term “testator” as used herein is deemed to include me as Testator or
Testatrix.
3. This Will is not a result of a contract between myself and any beneficiary,
fiduciary o r third party and I may revoke this Will at any time.
4. If I am married, then, in the event I die in a common disaster with my spouse, I
direct that I be deemed to have died before died after, my spouse.
5. If any part of this Will shall be declared invalid, illegal, or inoperative for any
reason, it is my expressed intent that the remaining parts shall be effectiv e and fully operative
and it is my intent that any Court so interpreting same construct this Will and any provision in
favor of survival.
I direct that this Will and the construction thereof shall be governed by the Laws of the
State of Arizona.
I, ______________________ , having signed this Will in the presence of
______________________ and ______________________ who attested it at my request on
this the ______ day of ______ , 20 ______ at _____________________________ (address),
declare this to be my Last Will and Testament.
________________________________
Testator/Testatrix
Signed by Testator/Testatrix: __________________________________ - 6 -
The above and foregoing Will of _____________________________ was declared by
_______________________ ______ in our view and presence to be his/her Will and was signed
and subscribed by the said _____________________________ in our view and presence and
at his/her request and in the view and presence of _____________________________ and in
the view and presence of each other, we, the undersigned, witnessed and attested the due
execution of t he Will of _____________________________ on this the ______ day of ______ ,
20 ____ .
Witness Signature Witness Signature
Print Name: Print Name:
Address: Address:
City, State, Zip: City, State, Zip:
Phone: Phone:
Arizona Self Proving Affidavit: Arizona Revised Statutes § 14 -2504
Arizona Self Proving Affidavit
State of Arizona
County of ________________
I, _________________________________ , the testator/testatrix, sign my name to this
instrument this _______ day of ________________ , 20 ___ , and being first duly sworn, do
hereby declare to the undersigned authority that I sign and execute this instrument as my last
will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes
expressed in that document and that I am eighteen years of age or older, of sound mind, and
under no constraint or undue influence.
_____________________________
Testator/testatrix
Typed Name: _____________________________
We, ___________________________ and ________________ _______ , the witnesses,
sign our names to this instrument being first duly sworn and do declare to the undersigned
authority that the testator/testatrix signs and executes this instrument as his or her will and that
he or she signs it willingly, and that each of us, in the presence and hearing of the
testator/testatrix, hereby signs this will as witness to the testator's/testatrix‘s signing, and that to
the best of our knowledge the testator/testatrix is eighteen years o f age or older, of sound mind,
and under no constraint or undue influence.
______________________________
Witness
______________________________
Witness
The State of Arizona
County of ____________
Subscribed, sworn to and acknowledged before me by __________________________ ,
the testator/testatrix, and subscribed and sworn to before me by
_________________________ , and _________________________ , witnesses, this _______
day of ____________ , 20 ___ .
(SEAL)
(Signed)_________________________
________________________________
(Official capacity as o fficer)
