Posted by Dana Law Group on September 28, 2022
When you move to Arizona from another state, you may wonder whether you can keep your will that was made outside the state and have it be valid in Arizona. You will need to update your driver’s license and other things like your voter registration. Does that mean that you have to update your will as well? In general, no. Most wills that were made out of state are perfectly good in Arizona. However, you may still need to talk to an attorney about your estate plans to see whether they are valid in your new state. You may also want to change property that is left to heirs since you have moved. You may also need to update it with new family members. Meeting with an attorney can let you find out whether everything is definitely valid.
There are many types of wills, and there are several types that are accepted as valid in Arizona. One type called non-self-proved is a kind of will that is signed by you or by someone who signs who you consent to sign for you while in your presence. It also needs to be signed with two witnesses there. If either of these is the case, the witnesses will be called to court to verify that they saw the will being signed. In Arizona, this type of will is valid if these conditions are met.
A self-proved will is another type that is acceptable in Arizona. With this type of will, the witnesses sign a paper saying that they were present when the will was signed and that they watched you sign it. This affidavit has to be taken to a notary public and signed in front of them. With this affidavit in place, the will’s validity is proven, so the witnesses won’t have to go to court to attest to the signing of the will. This can make the process a lot faster for your heirs when it’s time to settle your estate. For this type of will, the witnesses can sign their affidavit whenever it’s convenient for them after they have witnessed the signing of your will.
Some people opt for handwritten wills, and these too can be accepted in Arizona. The stipulation for this type of will to be valid is that the will must be in your own handwriting. Also called a holographic will, this type does not require you to have witnesses there to see you sign it. This kind of will can be found valid, but it isn’t recommended that you use this type of will. They can be hard for other people to read, and they can lead to mix-ups with your estate after you’re gone.
To find out more about wills, you can call the Dana Law Group for a consultation.