Guides
Arizona probate articles
- How Do You Make a Valid Will In Arizona?
2021-01-07
To make a valid will under Arizona law, the will must be: In writing; Signed by the testator; Signed by at least two witnesses. The requirements to make a valid will in Arizona are found at A.R.S § 14-2502 . Who Can Make a Valid Will…
- How Do You Revoke a Will In Arizona?
2022-05-30
There are two general ways to revoke a valid will under Arizona law : Perform a revocatory act with the purpose of revoking all or part of the will Create a new will that expressly states it revokes the prior will or contradicts the prior w…
- In Terrorem Clause Upheld in Arizona
2020-06-19
Many states, including Arizona, recognize in terrorem clauses in wills and trusts. An in terrorem clause will typically state that if anyone challenges a document, his or her bequest under the document is forfeited. Of course, if someone wi…
- Surviving Spouse Rights Arizona
2019-10-17
Surviving spouse rights in Arizona are set forth by Arizona's Trusts and Estates Code and include: Community Property Intestate Share Homestead allowance Exempt Property Family Allowance Arizona is a community property state. All ass…
- Trust Decanting in Arizona
2020-06-18
Trust "decanting" is a process whereby the assets of one trust are decanted into another trust. Decanting can be used to fix problems with the first trust or even to change the trust's directives. Arizona, like many states, has enacted a tr…
- Who Are Next Of Kin In Arizona?
2020-07-24
Under Arizona law, the term “next of kin” is generally used interchangeably with “heirs at law” for purposes of who inherits from a decedent’s estate when the decedent dies intestate (without a will). Next of kin heirs at law in Arizona are…
- Who Can Serve As Personal Representative Of an Arizona Estate?
2021-11-30
The basic requirements for serving as a personal representative of an Arizona estate are that the personal representative is: At least 18 years old; and, Of sound mind. AZ Rev. Stat. § 14-3203 . Who Cannot Serve as Personal Representative O…
- Who Decides Whether to Cremate Someone Under Arizona Law?
2020-06-18
A 2020 case from Arizona addresses how the decision whether to cremate someone can be made under Arizona law. The case of In Re Remains of Ghostley , 458 P.3d 116 (Ariz. Ct. App. 2020) involved a dispute between Mr. Ghostley's mother and fa…