A Self-Proved Will Can Make Arizona Probate Easier
A Self-Proved Will Can Make Arizona Probate Easier
Does a Self-Proved Will Make Arizona Probate Easier?
Yes. A Self-Proved Will can make Arizona probate easier because it provides statutory evidence concerning the proper execution of the Will. It does not guarantee that an estate will qualify for informal probate, but it can remove an unnecessary question about whether the Will was properly signed.
For Arizona families, that can mean fewer complications at a time when making the probate process easier matters.
What Is a Self-Proved Will in Arizona?
A Self-Proved Will is a Will that includes statutory evidence concerning its proper execution.
The practical benefit is simple.
Instead of leaving your family to prove years later that your Will was properly signed, that evidence is established when the Will is executed.
That can be especially helpful when the Will is presented during Arizona probate.
Your Will Has to Work After You Die
A Will is not very useful if your family has trouble proving it after your death.
That is one reason I recommend a Self-Proved Will.
Informal Probate
Arizona has an informal probate process.
Informal probate is designed to allow certain probate matters to proceed through the probate registrar without first requiring a formal court determination that the Will is valid.
When the Will and the estate qualify for informal probate, the process can be much simpler.
Formal Probate Is Different
Formal probate involves the court.
Arizona law describes a formal testacy proceeding as litigation to determine whether the deceased left a valid Will.
That can involve petitions, notices, hearings, evidence and attorneys.
If there is a dispute, it can become even more complicated.
All of that takes time.
And time with lawyers and courts costs money.
Why I Prefer a Self-Proved Will
A Self-Proved Will provides statutory evidence concerning the proper execution of the Will.
That does not guarantee that your family will never need formal probate. There can be other reasons a formal proceeding is necessary.
But it can eliminate an unnecessary question:
Was this Will properly signed?
That is a question I would rather answer while my client and the witnesses are sitting in my office—not years later in a courtroom.
Plan Now
The goal of good estate planning is to make things easier for your family.
A properly prepared Self-Proved Will is one way to do that.
A little extra care today may save your family considerable work and expense tomorrow.
Frequently Asked Questions About Self-Proved Wills and Arizona Probate
Does a Self-Proved Will Avoid Probate in Arizona?
No. A Self-Proved Will does not automatically avoid probate.
Its purpose is different. It provides statutory evidence concerning the proper execution of the Will, which can make one part of the probate process easier.
Does a Self-Proved Will Guarantee Informal Probate in Arizona?
No.
A Self-Proved Will does not guarantee that an estate will qualify for informal probate. Other circumstances may require a formal proceeding.
It can, however, help eliminate an unnecessary question about whether the Will was properly signed.
Why Does a Self-Proved Will Matter During Arizona Probate?
A Will has to do more than express your wishes.
After your death, it may need to be presented and accepted during probate.
A Self-Proved Will provides evidence concerning its proper execution before questions arise years later.
Should My Arizona Estate Plan Include a Self-Proved Will?
Every estate plan is different.
Whether a particular Will and estate plan are appropriate depends on your circumstances, your assets, your family and your goals.
Reviewing your estate planning documents with an Arizona estate planning attorney can help you determine whether your Will is properly prepared for the people who may eventually need to use it.
About Ilene L. McCauley
Ilene L. McCauley is an Arizona attorney who helps individuals and families plan for the future through thoughtful estate planning.
Through the Law Office of Ilene L. McCauley, LTD., Ilene focuses on helping clients understand their options, prepare appropriate estate planning documents and make decisions designed to reduce unnecessary complications for the people they leave behind.
Estate planning is not only about preparing documents.
It is about making sure those documents are prepared to work when your family eventually needs them.
If you would like to review your Will or discuss your Arizona estate plan, contact the Law Office of Ilene L. McCauley, LTD.
Legal Disclaimer
This article is provided for general informational and educational purposes only and is not intended to provide legal advice.
Reading this article does not create an attorney client relationship with Ilene L. McCauley or the Law Office of Ilene L. McCauley, LTD.
Estate planning and probate matters depend on individual circumstances, and laws and procedures may change. You should consult a qualified attorney regarding your specific legal situation.