Wills

The Will, or the Last Will and Testament, is the most basic Estate Planning tool in which an individual Testator (the person making the Will) leaves specific instructions with respect to the distribution of his/her estate (the inheritance). In the Will, the Testator designates a Personal Representative, also referred to as the “Executor,” who will be in charge of submitting the Will to the Court for probate, and further carry out the Testator’s wishes, as expressed in the Will.

In addition to leaving instructions for the Personal Representative with respect to the distribution of the estate’s assets, the Will may also designate an individual(s) to act as Guardian and/or Conservator for minor children, if any.

When a person dies intestate – without an existing Will – the Arizona Revised Statutes will determine the proper distribution of the decedent’s estate by default. By making a simple Will, an individual can instead exercise control over the manner by which his/her estate will be distributed to the heirs in the form of inheritance.

In case where a valid Will exists, the Personal Representative will commence probate proceedings upon the Testator’s death, and will carry out the Testator’s wishes, as expressed in the Will.  Probate proceedings may be formal or informal, depending on circumstances, which in turn determines the level of oversight which the Probate Court may exercise.

Our Scottsdale Estate Planning attorneys can help you better understand the functions of a Will in the context of Probate proceedings, and assist with the preparation of these legal documents to fit your unique individual needs.”

Estate Planning Related Topics

• Wills
• Living Trusts
• Irrevocable Trusts
• Health Care Power of Attorney
• Financial Power of Attorney
• Living Wills