In short, yes. Having a valid and properly executed Last Will and Testament in the state of Arizona is a good idea if you want to ensure that your property and assets are distributed according to your wishes after your death. While Arizona has laws in place to determine the distribution of property in the absence of a Will (called intestate succession), these laws may not align with your personal preferences. Further, these default distribution laws do not offer protective arrangements for any inheritance for a minor child or an individual with special needs or creditor concerns.

By creating a Will, you can direct exactly how you want your property and assets to be distributed after your death. For example, you can set a minimum age at which a young adult could control his or her inheritance. You can establish a protective arrangement or special needs trust for a vulnerable or disabled beneficiary. 

In your Will, you can designate your first choice and alternate choices for a Personal Representative to administer your Estate and make sure your wishes are carried out. Without a Will, the court may appoint an individual as Personal Representative that would not be your specific choice to fill that role. Or, several individuals may have equal priority to serve and there may be conflict as to who will actually be appointed. In your Will, you can waive the requirement for a trusted individual serving as Personal Representative to have to post a surety bond to serve.

A valid and properly executed Will can also help to simplify the probate process and reduce the likelihood of disputes among family members over an inheritance. Any conflict or dispute in the probate process can create significant time delays and assets of your estate can be consumed by legal fees and costs that could have otherwise been avoided. 

Overall, having a Will in Arizona can provide peace of mind and help ensure that your assets are efficiently distributed in accordance with your wishes.

Contact our office today at 480-922-1010 or email info@bivenslaw.com to schedule a complimentary estate planning consultation to ensure you have the right estate plan for you and those you care about. 

— Megan Selvey, Esq.