Planning for the future? That’s one topic many people tend to avoid. It’s understandable—thinking about what happens after we’re gone can feel a bit morbid and overwhelming. But creating a will, even a simple one, is one of the most caring and responsible things you can do for yourself and your loved ones. For many people in Arizona, a simple will is all that’s needed to make sure their final wishes are respected and honored.

What is a Simple Will?

A simple will is exactly what it sounds like: a straightforward legal document that outlines who gets your property, who will manage your estate, and who will care for any minor children. It doesn’t include complex provisions, trusts, or tax planning. Instead, it’s designed for people with uncomplicated estates—those without significant debts, high-value assets, or intricate family arrangements.

For example, if you’re a single parent in Phoenix with a modest home, a car, and a bank account, a simple will ensures these assets go to your child. If you’re married and living in Tucson, your will can name your spouse as the primary beneficiary.  Just in case your spouse predeceases you, someone else is named as a backup.

Why Consider a Simple Will in Arizona?

Arizona law makes it relatively easy to create a legally valid will. Under Arizona Revised Statutes (§14-2501), any person who is at least 18 years old and of sound mind can make a will. The document must be:

• in a written form
• bears your signature
• witnessed by at least two people

Arizona also recognizes holographic wills under certain conditions. These are wills written entirely in your handwriting. Such wills are riskier though, due to potential challenges in court.

Arizona’s community property laws add another layer of simplicity for married couples. In a marriage, the acquired property is generally shared equally. Therefore, a simple will can straightforwardly address how it should be distributed. For instance, if you own a house in Scottsdale that you bought before your marriage, your will can specify whether it goes to your spouse or another beneficiary.

What Can a Simple Will Include?

1. Distribution of Assets: A simple will lets you designate who gets what. For example, you can leave your cherished vintage car to your nephew in Flagstaff; your jewelry to your niece in Tempe; and the rest of your estate to your spouse.
2. Guardianship for Minor Children: If you have kids under 18, your will can name a guardian. Imagine you’re a parent with two young children. A simple will allows you to choose a trusted family member to raise them if something happens to you.
3. Executor Appointment: The executor is the person responsible for managing your estate, paying debts, and distributing assets. Arizona law allows you to choose anyone you trust, whether it’s your sibling in Prescott or your best friend in Chandler.

What Happens Without a Will in Arizona?

If you pass away without a will, your estate goes through intestate succession, governed by Arizona’s laws (§14-2101 to §14-2114). This means the state decides who inherits your property based on a predefined order: typically, your spouse, children, parents, and siblings. While these rules aim to distribute assets fairly, they might not reflect your actual wishes.

For example, if you’re unmarried but have a partner, your partner wouldn’t inherit anything under intestate laws. Similarly, if you have stepchildren you’ve raised but never legally adopted, they won’t automatically receive a share of your estate unless you specify it in a will.

How to Create a Simple Will in Arizona

Creating a simple will in Arizona doesn’t require expensive legal services. Although, consulting an attorney can ensure accuracy and compliance with state laws. Here are the basic steps:

1. List Your Assets and Beneficiaries: Start by writing down everything you own—your home, car, bank accounts, and sentimental items. Then decide who should receive each item.
2. Choose an Executor: Pick someone you trust to carry out your wishes. This could be a family member or a close friend.
3. Name a Guardian for Your Children: If you have minors, select someone who will care for them as you would.
4. Draft Your Will: Use clear, concise language to outline your wishes. You can find templates online, but make sure they comply with Arizona laws.
5. Sign and Witness: Sign your will in the presence of two witnesses who are not beneficiaries. They must also sign the document to confirm its validity.
6. Store Your Will Safely: Keep the original in a secure location, such as a safe or with your attorney. Make sure your executor knows where to find it.

Creating a simple will in Arizona doesn’t have to be daunting. By taking this step, you provide clarity and peace of mind for yourself and your loved ones. While it’s possible to draft a will on your own, seeking legal advice can help ensure everything is in order and tailored to your specific needs.

Don’t let the fear of complexity or cost prevent you from securing your family’s future. In many cases, a no-frills, no-fuss simple will is all you need to protect what matters most. Start today, and give yourself the gift of peace of mind.