{"id":896,"date":"2017-11-20T19:02:03","date_gmt":"2017-11-20T19:02:03","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/?page_id=896"},"modified":"2022-08-24T20:23:04","modified_gmt":"2022-08-24T20:23:04","slug":"what-should-be-included-in-a-will","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/blog\/what-should-be-included-in-a-will\/","title":{"rendered":"What Should Be Included In a Will"},"content":{"rendered":"
It may be a morbid process, but writing a will is always a wise decision. It provides your family and friends with your final wishes regarding your property and assets, and it provides the probate court with irrefutable evidence to carry out those wishes. Even for small estates with minimal assets, or for situations where family discord is unlikely, a will plays an essential role in giving you a voice beyond the grave. Without one, your estate will be subject to the state\u2019s intestate succession<\/a> laws, leaving you with no say over a life\u2019s worth of possessions.<\/p>\n While the length and detail of a will hinges largely on the size and complexity of your estate, there are five essential elements that all wills should include.<\/p>\n For the will to be valid, the document must clearly state your name, address, the date, and a line indicating that this is your last will and testament (\u201clast\u201d in that it replaces any previous wills which you\u2019ve written). The will should also be typed, not handwritten, and conclude with your signature next to the date of signing. This may seem obvious, but it\u2019s nonetheless essential. Failure to include these elements could result in the probate court<\/a> throwing out your will on a technicality.<\/p>\n You\u2019ll also need to sign your will in the presence of at least two witnesses, and possibly a notary public depending on which state you live in. The witnesses should be \u201cdisinterested,\u201d meaning they are not beneficiaries in your will. Your attorney should not serve as one of the witnesses, either. Using disinterested witnesses ensures that there are no conflicts of interest that would jeopardize the authenticity of your will. Additionally, you can choose to have your witnesses sign a self-proving affidavit in front of a notary public; this can speed up probate by not requiring the witnesses to appear before probate court to authenticate the will.<\/p>\nBasic Identifying Information and Proper Signatures<\/h2>\n
Nominating an Executor<\/h2>\n