{"id":1346,"date":"2019-04-11T19:43:46","date_gmt":"2019-04-11T19:43:46","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/?p=1346"},"modified":"2024-10-03T22:54:14","modified_gmt":"2024-10-03T22:54:14","slug":"simple-handwritten-will-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/blog\/simple-handwritten-will-arizona\/","title":{"rendered":"Simple Handwritten Will Arizona"},"content":{"rendered":"

The executor (aka the personal representative<\/a>) is the individual you nominate to manage your estate when you die. The executor will be tasked with submitting your will to the probate court, notifying interested parties of the probate proceedings, gathering your assets, settling your liabilities, distributing your assets, and closing your estate. Given the weight of this responsibility, it\u2019s important to nominate someone who is highly competent and trustworthy. It\u2019s also a good idea to nominate a backup executor, just in case your first pick is unable to do the job.<\/p>\n

The Guardian<\/h2>\n

If you have minor children, you\u2019ll want to name a guardian<\/a> to care for them in your absence. Don\u2019t always assume that your spouse or significant other has the inherent legal authority to take the kids, especially if your partner is not the biological or adoptive parent. If you name your spouse or partner as guardian, be sure to name one or two backup guardians who can care for your children if your spouse or partner passes away with you.<\/p>\n

Simple Asset Distribution Instructions<\/h2>\n

This is the part of the document that separates a simple will from a complex one. Simple wills<\/a> usually offer basic instructions for estates that aren\u2019t large enough to qualify for estate taxes<\/a>, and that don\u2019t have complicated business interests. For small estates with a single beneficiary, it may be sufficient to simply list the beneficiary and indicate that all of your assets are to transfer to them upon your death. Larger estates with multiple beneficiaries can still be handled with a simple will, as long as the instructions aren\u2019t too complicated.<\/p>\n

Regardless of the estate\u2019s size or number of beneficiaries, it\u2019s always a good idea to include contingent beneficiaries who can receive the assets if the primary beneficiary passes away at the same time. If your estate is large enough to qualify for estate taxes, or if you own business interests that you\u2019d like to pass to your children, then you\u2019ll need to construct a complex will with the assistance of a qualified estate planning attorney.<\/p>\n

Note that not all assets should be addressed in your will\u2014only assets that are subject to probate need to be included. Individual bank accounts, brokerage accounts, privately-held real estate, tenants-in-common real estate, and personal household possessions will need to transfer ownership through probate. You should address each of these in a simple will, or at the very least include language that addresses all of these types of assets and clearly indicates who is to receive them.<\/p>\n

Assets that have a contractual beneficiary listed on the account will transfer to your heirs automatically upon your death, and therefore don\u2019t need to be addressed in the will. Assets that are not subject to probate include joint tenancy real estate, accounts with a payable-on-death beneficiary, retirement accounts, life insurance policies, and trusts.<\/p>\n

Testator and Witness Signatures<\/h2>\n

While handwritten wills don\u2019t require witness<\/a> signatures, a simple typed will requires at least two witnesses. The testator will need to sign in the presence of the two witnesses, and the witnesses need to sign the will within a reasonable amount of time after witnessing the testator\u2019s signature. When the witnesses sign the will, they are attesting to 3 important things:<\/p>\n