Wills Attorney in Phoenix, AZ

An estate planning attorney licensed in your state. Wills follow state law, so an Arizona will should be drafted by someone who knows Arizona's signing rules, community property rules, and probate shortcuts like the beneficiary deed. A general practice lawyer can draft a will, but an estate planning attorney is more likely to coordinate it with your powers of attorney, health care documents, and how your property is titled. Francisca focuses on planning, not litigation, so the plan is built to keep your family out of court.

Many Phoenix families do well with a will and a beneficiary deed, which together pass the home outside probate at a lower cost. A revocable living trust makes more sense if you own property in more than one state, want to manage an inheritance over time for young or vulnerable beneficiaries, own a business, or want more privacy. Even with a trust, you still need a pour-over will to catch anything left outside it. Francisca explains the tradeoffs and recommends the plan that fits.

No. An Arizona will needs your signature and the signatures of two witnesses, but a notary isn't required for the will to be valid. Still, most attorneys add a self-proving affidavit, which you and your witnesses sign in front of a notary. That affidavit lets the probate court accept the will without contacting your witnesses, which saves time for your family. Your powers of attorney and health care documents have their own signing rules, which Francisca handles at the same appointment.

Yes. Arizona lets you write your own will, either typed and signed with two witnesses or fully handwritten. Free forms and online services are common. The problems show up later: unclear gifts, no guardian named, no personal representative, missing witnesses, or a house that still has to go through probate. A homemade will also can't coordinate with your powers of attorney and beneficiary designations. A flat-fee plan drafted for Arizona law usually costs far less than fixing those problems in probate.

Arizona's intestacy laws decide who inherits. If all your children are also your spouse's children, your spouse generally inherits everything. If you have a child from a prior relationship, your spouse receives half of your separate property and none of your half of the community property, which goes to your children. Unmarried partners and stepchildren receive nothing. A court also appoints the personal representative and, if needed, a guardian for your minor children, instead of the people you would have chosen.

Usually, yes. Arizona generally accepts a will that was valid where it was signed. But an out-of-state will may use terms and rules that don't fit Arizona, such as how it treats community property, who it names to serve, or whether it relies on probate shortcuts from another state. It also won't include an Arizona beneficiary deed for your home. If you've moved to the Valley, have Francisca review your will and decide whether to update it or start fresh.

Choose someone organized, trustworthy, and willing to handle paperwork, deadlines, and family conversations. Your personal representative gathers your assets, pays your debts and final bills, and distributes what's left under your will. Many people choose a spouse, an adult child, or a close relative, with a backup in case the first choice can't serve. The person doesn't have to live in Arizona, though someone nearby can be easier. Talk with them before you name them, so they know where to find your documents.

A beneficiary deed controls who gets your home, and your will controls most of your other property. When you die, the person named in the recorded beneficiary deed takes the home without probate, usually by recording a death certificate with an affidavit. If the deed and your will name different people, the deed controls the house. That's why both documents should be drafted together. If your beneficiary dies before you, the deed's backup terms and Arizona law decide what happens, so naming alternates matters.

Review your will every few years and after any major life change, such as marriage, divorce, a birth or adoption, a death in the family, a move, or buying or selling a home. Arizona automatically cancels gifts to a former spouse after divorce, but it won't add new family members or update your guardian. Your beneficiary deed, retirement accounts, and life insurance forms also need to match. Francisca offers estate plan reviews and updates to keep everything in line. Store your signed will where your personal representative can find it.