LAST WILL AND TESTAMENT

of
[TESTATOR FULL LEGAL NAME]

[This instrument is intended to serve as a model form of a simple will for use in the State of Arizona. It has been drafted to comply with Ariz. Rev. Stat. Title 14 (Uniform Probate Code) and incorporates the metadata and structural requirements supplied by the requesting attorney. Practitioners must review, customize, and adapt before execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1.1 Title. Last Will and Testament of [TESTATOR NAME] (the “Will”).
1.2 Effective Date. [DATE OF EXECUTION] (the “Effective Date”).
1.3 Jurisdiction. This Will is governed by and construed in accordance with the laws of the State of Arizona, including the Arizona Uniform Probate Code, Ariz. Rev. Stat. § 14-1101 et seq.
1.4 Recitals.
 (a) The Testator, an individual domiciled in [COUNTY], Arizona, desires to dispose of the Testator’s probate estate at death.
 (b) Consideration. Testamentary intent and love and affection constitute full and adequate consideration.

II. DEFINITIONS

For purposes of this Will, capitalized terms have the meanings set forth below.

“Alternate Personal Representative” means [ALTERNATE EXECUTOR NAME] or such other person appointed under Section 3.2(c).

“Beneficiary” means any person or entity taking under this Will, whether by specific, general, or residuary devise.

“Estate” means all probate assets subject to administration in Arizona.

“Minor Child” or “Minor Children” means any child of the Testator under eighteen (18) years of age at the Testator’s death.

“Personal Representative” means the executor nominated in Section 3.2(a) and appointed by the probate court.

“Residue” means the remainder of the Estate after payment of debts, expenses, taxes, and satisfaction of all specific and general bequests.

“Trustee” means any individual or corporate fiduciary acting under any trust established by this Will.

[// GUIDANCE: Add further defined terms if creating testamentary trusts, special-needs provisions, or charitable bequests.]

III. OPERATIVE PROVISIONS

3.1 Revocation of Prior Wills. All prior wills and codicils executed by the Testator are hereby revoked in their entirety.

3.2 Appointment of Personal Representative.
 (a) Primary Nominee. The Testator nominates [EXECUTOR NAME] as Personal Representative.
 (b) Powers. The Personal Representative shall have all powers granted under Ariz. Rev. Stat. §§ 14-3709 and 14-3715, including broad discretionary powers to sell, lease, or distribute assets without court order, except as restricted herein.
 (c) Alternate. If the primary nominee is unable or unwilling to serve, the Alternate Personal Representative shall serve with identical powers.

3.3 Specific Bequests.
 (a) [DESCRIPTION OF ITEM OR AMOUNT] to [BENEFICIARY A FULL NAME], provided such Beneficiary survives the Testator by thirty (30) days.
 (b) [Repeat as needed].

3.4 Residuary Clause. The Residue shall be distributed outright to [RESIDUARY BENEFICIARY NAME]. If that Beneficiary fails to survive the Testator by thirty (30) days, the Residue shall pass to [CONTINGENT RESIDUARY BENEFICIARY].

3.5 Guardianship of Minor Children. If, at the Testator’s death, any Minor Child is living, the Testator nominates [GUARDIAN NAME] as guardian of the person and estate of such Minor Child, and [ALTERNATE GUARDIAN NAME] as successor guardian.

3.6 Digital Assets. The Personal Representative shall have authority to access, manage, and dispose of the Testator’s digital assets pursuant to Ariz. Rev. Stat. § 14-13102.

3.7 Survivorship Requirement. Unless otherwise stated, a Beneficiary must survive the Testator by at least thirty (30) days to receive property under this Will.

3.8 Taxes and Expenses. All estate, inheritance, and similar taxes imposed by reason of the Testator’s death shall be paid from the Residue, without apportionment, unless any Beneficiary elects otherwise under applicable law.

IV. REPRESENTATIONS & WARRANTIES

4.1 Capacity. The Testator represents that the Testator is of sound mind and under no duress or undue influence.
4.2 Age. The Testator is at least eighteen (18) years old as of the Effective Date.
4.3 Property Title. The Testator warrants that all bequeathed property is, to the Testator’s knowledge, owned free and clear of adverse claims except as disclosed in writing to the Personal Representative.

[// GUIDANCE: Consider attaching a disclosure schedule if the Testator owns closely held business interests or real property subject to liens.]

V. COVENANTS & RESTRICTIONS

5.1 Spendthrift Protection. All distributions are subject to a spendthrift restriction prohibiting voluntary or involuntary transfer by any Beneficiary prior to actual receipt.

5.2 Environmental Compliance. The Personal Representative shall not distribute any asset known to be contaminated until compliance with applicable environmental laws is confirmed.

VI. DEFAULT & REMEDIES

6.1 No-Contest Clause. If any Beneficiary contests this Will or seeks to impair or invalidate any provision, that Beneficiary shall forfeit all interests herein and be deemed to have predeceased the Testator.

6.2 Mediation Option. The Personal Representative may offer non-binding mediation before initiating formal probate litigation.

6.3 Attorney’s Fees. A Beneficiary who unsuccessfully challenges this Will shall reimburse the Estate for all attorney’s fees and costs incurred in defense.

VII. RISK ALLOCATION

7.1 Executor Indemnity. The Estate shall indemnify the Personal Representative, Trustee, and any successor fiduciary against all claims, liabilities, and expenses arising from good-faith administration, except for acts of willful misconduct or gross negligence.

7.2 Liability Cap. Any fiduciary’s liability is limited to the total value of Estate assets under that fiduciary’s control.

7.3 Insurance. The Personal Representative may purchase fiduciary liability insurance and charge the premiums to the Estate.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Will is governed by the internal laws of the State of Arizona.

8.2 Forum Selection. Exclusive jurisdiction and venue for all proceedings relating to this Will shall lie in the probate division of the Superior Court of [COUNTY], Arizona.

8.3 Arbitration. Arbitration is not available for will contests under Arizona probate practice.

8.4 Jury Waiver. All matters shall be tried to the court sitting without a jury, consistent with Arizona probate procedure.

8.5 Injunctive Relief. The probate court may issue temporary restraining orders or injunctions to preserve Estate assets pending resolution of any contest.

IX. GENERAL PROVISIONS

9.1 Severability. If any provision of this Will is held invalid, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to best effectuate the Testator’s intent.

9.2 Headings. Section headings are for convenience only and do not affect interpretation.

9.3 Integration. This Will constitutes the entire testamentary plan of the Testator as of the Effective Date.

9.4 Waiver. Failure to enforce any provision does not constitute a waiver of that or any other provision.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, I, [TESTATOR NAME], the Testator, have signed this Will on the Effective Date set forth above.

TESTATOR

[TESTATOR NAME]

ATTESTATION CLAUSE

We, the undersigned, witnessed the signing of this Will by the Testator, who declared it to be the Testator’s Last Will and Testament, and we, in the Testator’s presence and at the Testator’s request, and in the presence of each other, sign our names as witnesses. We further affirm that the Testator is eighteen (18) years of age or older, of sound mind, and not acting under duress, fraud, or undue influence.

SELF-PROVING AFFIDAVIT (Optional but Recommended)

State of Arizona )
County of ____)

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], all of whom being duly sworn, deposed and said:

1. The Testator declared to us that the foregoing instrument is the Testator’s Last Will and Testament and that the Testator willingly signed or directed another to sign for the Testator.
2. Each witness states that the witness was present and saw the Testator execute the Will, that each signed the Will as witness in the presence of the Testator and each other; that the Testator was eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence.

[TESTATOR NAME]

[WITNESS #1 NAME]

[WITNESS #2 NAME]

Subscribed, sworn to, and acknowledged before me by the Testator and witnesses on this ___ day of ____, 20__.

Notary Public in and for the State of Arizona
Commission Expires: ___

[// GUIDANCE: A self-proving affidavit, permitted under Ariz. Rev. Stat. § 14-2519, eliminates the need for witness testimony at probate. Attach this page to the Will or incorporate the affidavit language directly below the attestation clause.]

STATUTORY EXECUTION CHECKLIST (AZ)

• Writing: Required – satisfied.
• Signature by Testator or by another at Testator’s direction – Section 10.
• Witnesses: Minimum two, each signing within a reasonable time after observing the Testator’s signature. Ariz. Rev. Stat. § 14-2502.
• Self-Proving Option: Notary acknowledgment of Testator and both witnesses per Ariz. Rev. Stat. § 14-2519 (above).
• Custody: Advise Testator to store original in a secure location and inform Personal Representative of its whereabouts.

[// GUIDANCE: Practitioners should confirm county-specific probate filing procedures and any local rule variations.]

© [YEAR] [LAW FIRM OR AUTHOR]. All rights reserved. This template is provided for attorney use only and does not constitute legal advice to any individual.