Many things in our lives change when we move from state to state. It’s a good idea to remember that some laws, rules, and regulations are decided by state and local government. Things that may change when you move include the way you register your car (and the fee!), the type and amount of taxes you pay, and the terms of your estate planning documents. Yes, even your Will needs to comply with Arizona state law.
Arizona State Law
The basic nature of a Will is the same no matter where you created it. A Will is a legal document that directs the disposition of a person’s property after his or her death. The problems occur with the small details in the Will and the types of Wills recognized by the state.
For example, Arizona does not consider oral Wills to be valid. Handwritten Wills, also known as holographic Wills, are acceptable as long as certain criteria are met. And electronic Wills are not recognized at this time, but may be in the future.
Arizona law may differ from other states when it comes to who can be named as beneficiary or whether and how you can exclude certain family members. So specifically not providing for a spouse in the Will may have a different effect in Arizona that in other states.
Out Of State Wills
If you signed a Will while living in another state, then moved to Arizona, it’s possible your Will may still dispose of your estate assets as you intended. However, your Will is such an important document, it’s best to have an attorney review it to make sure it complies with Arizona law. Generally, a Will is probated and assets distributed using local laws noted in the Will unless exceptions apply.
Not Sure If Your Will Complies With Arizona State Law?
If you’ve moved to Arizona since the last time you executed a Will, it’s time for a review. A qualified Arizona estate planning attorney can let you know if changes are needed to your estate plan compliant with Arizona law.
At Keystone Law Firm, we use our 5-Step Process to help clients like you decide which documents to include in your personal estate plan. Call us at (480) 418-8448. We offer services for clients throughout Arizona, including Chandler, Gilbert, Sun Lakes, Tempe, Phoenix, Mesa, Scottsdale, and Apache Junction.
