How to Protect Your Self Proved Will in Arizona
You Signed Your Will. Now Protect It.
You went to the trouble of preparing a proper Self Proved Will.
Don’t create a problem by damaging, changing or losing the original.
Don’t Write on Your Will
Can You Write on a Signed Will in Arizona?
Your signed Will is not a rough draft.
- Don’t cross out a beneficiary.
- Don’t write in a new name.
- Don’t change a dollar amount.
- Don’t add instructions in the margin.
How Should You Change a Signed Will in Arizona?
If you want to change your Will, make the change correctly.
That may mean a properly executed codicil or a new Will.
In my practice, I generally prefer preparing a new Will.
Protect the Original
Why Is the Original Will Important in Arizona?
The original Will is important, particularly when seeking original informal probate in Arizona.
- Keep it safe.
- Don’t remove pages.
- Don’t un-staple it unnecessarily.
- Don’t write on it.
- Make sure the appropriate people know where the original is located.
What Happens If the Original Will Is Lost in Arizona?
A lost original does not automatically mean there is no Will.
Arizona law provides a formal probate procedure when an original Will is lost, destroyed or otherwise unavailable.
But think about what that means.
Instead of simply having the original Will available for probate, your family may have to ask the court to determine whether the Will should be admitted.
That can require additional evidence, attorney time and court involvement.
In other words, what should have been simple may become complicated and expensive.
Protect What You Created
A good estate plan is designed to make things easier for your family.
Prepare a proper Self Proved Will.
Protect the original.
And make sure the people who will need it know where to find it.
Your estate plan should solve problems—not create them.
Questions About Your Will or Estate Plan?
If you have questions about your Will or estate plan, contact The Law Office of Ilene L. McCauley, LTD. to discuss your Arizona estate planning needs.
About Ilene L. McCauley
Ilene L. McCauley is an Arizona estate planning attorney and founder of The Law Office of Ilene L. McCauley, LTD. in Scottsdale, Arizona. Her practice focuses on helping individuals and families understand their estate planning options and create plans designed to protect the people and property that matter to them.
Disclaimer
This article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney client relationship. Estate planning and probate issues depend on individual circumstances and applicable law. If you have questions about your Will or estate plan, consult with a qualified Arizona attorney regarding your specific situation.