Gilbert Wills Lawyer

Gilbert Wills Attorney

Whether you need help with planning and drafting a will from scratch or wish to update a previous will, a skilled Gilbert wills lawyer is more than qualified to assist you with any matters regarding a living will or a last will and testament. An experienced wills attorney is also adept at handling matters of probate, including routine proceedings, or in the event you or another interested party have an issue with the will’s validity, terms, or personal representative (executor).

The competent team of legal professionals at CDM Law Firm has managed countless estate planning cases, helping clients with living wills and other advanced directives, power of attorney, last will and testaments, probate, revocable and irrevocable trusts, and trust administration. Whether you need general counsel during probate and estate administration or you require the help of an attorney with effective negotiation skills about a contested issue, we can help.

Basic Requirements and Functions of a Will in Arizona

In order to create a legally valid and enforceable will in Gilbert, Arizona, a person must be 18 or older, of sound mind when the will was drafted— meaning the individual understands the entirety of their assets and relationships, are aware of the meaning behind and consequences of creating a will, and are able to make reasonable decisions —and create it voluntarily. Any elements of being under duress, coercion, or “undue influence” (e.g., coaxed by someone with ulterior motives) can negate a will.

Additionally, wills in Arizona must be drafted in writing, physically or electronically, and must be signed in the presence of two witnesses who are of age and mentally competent. Within a will, a person can name who they wish to be the personal representative, or executor, of their estate as well as choose someone they trust to be the guardian of their minor children who may also act as conservator of the child’s inherited portion of the estate.

Wills also include a full inventory of the person’s properties, how they want their assets distributed or handled, designations of a beneficiary to bank accounts or other accounts, and an individual’s wishes for their funeral or burial arrangements. All wills must go through probate, including estates without a will, but any property that has been placed into a trust will be administered privately by a named trustee or volunteer.

What Do I Need to Prepare for Drafting a Will in AZ?

When preparing to start your will and overall estate plan, there are some essential documents and information that you should gather as you begin the process. These documents include your birth certificate, any marriage and divorce certifications, vehicle titles, bank account statements, account numbers, and information for your investment and retirement accounts, among any others you or your estate lawyer anticipate to be relevant for drafting a will.

In addition to paperwork, there are also major considerations you should explore beforehand. You should aim to have a somewhat solid idea of your personal goals and resources when creating a will. For example, give thought to who you want to be the beneficiaries of your estate (e.g., family, loved ones, and other individuals), including any entities, organizations, or charities you wish to benefit from your estate.

You will also need to decide whether you’re going to draft just a will or are open to creating a more extensive estate plan. Another consideration is who you trust and deem responsible enough to name as the executor of your will, whether you want to name a guardian to care for your minor children if you and the other parent are unable, how you wish your debts and probate fees to be paid, and when or how often to update your will.

FAQs

How Much Do Most Lawyers Charge for a Will?

How much an estate planning lawyer may charge you for their services regarding a will depends on your situation, including whether you wish to complete a comprehensive estate plan or just the will document itself. Other influential factors include how complex your will is according to your priorities and goals, the number of assets and beneficiaries included in the will, and the skill level of your attorney.

Do All Wills Need to Go Through Probate in AZ?

Yes, in Arizona, most wills have to go through probate. Exceptions to this rule and potential circumstances where a simplified probate process may be feasible include if the person designated a sole beneficiary (such as a spouse) to their estate, their estate was relatively small, or the majority of the estate was property that’s jointly owned or was gifted. Probate is a mandatory but necessary process that ensures an estate isn’t frozen or inaccessible.

Can I Have a Will and a Trust in My Estate Plan?

Yes, wills and trusts are not mutually exclusive– many people choose to utilize both. Typically, a will is the more necessary document and doesn’t precede a trust. Creating a trust can be a smart approach in one’s estate plan if you have the means and a sufficient amount of assets to maintain one. The property within a trust isn’t required to go through probate. This can save your family and other beneficiaries from the long probate process and related costs.

Does a Will Need to Be Notarized in Arizona?

Technically, no, a will doesn’t need to be notarized in order to be a legal document. Putting it into effect, or “executing” it, with your signature and the witnesses’ signatures, is adequate enough. However, a notary or an affidavit signed by all parties in front of a notary is required for your will to be self-proving. “Self-proving” means the will alone is sufficient evidence of its validity, without needing to contact the two witnesses to verify, which can prolong probate.

Adept and Committed Wills Attorney Here to Help

At CDM Law Firm, our compassionate and hard-working lawyers have a deep understanding of estate laws and planning. Our team of professionals is there for you to ensure what’s most important to you and your family is handled properly and with care. Schedule a consultation with us today.