Simple Will - Arizona

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.

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, except as restricted herein. In supervised administration, real-property sales require court confirmation and distributions require a prior court order under § 14-3504.
 (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 Guardian and Conservator Nominations for Minor Children. If, at the Testator’s death, any child is an unmarried minor, the Testator appoints [GUARDIAN NAME] as guardian of that child's person under A.R.S. § 14-5202, and [ALTERNATE GUARDIAN NAME] as alternate. The appointment becomes effective only when the statute's conditions are met, including the guardian's filed acceptance and the required status of the other parent.

If a Minor Child owns or receives property requiring management or protection outside this Will's probate administration, the Testator nominates [CONSERVATOR NAME] as conservator of that child's estate, and [ALTERNATE CONSERVATOR NAME] as alternate. A.R.S. § 14-5401(A)(1) requires a petition, notice, hearing, and court determination before a conservator is appointed or another protective order is made. This nomination does not itself appoint a conservator.

3.6 Digital Assets. Subject to applicable law, I consent to disclosure of the content of my electronic communications to my Personal Representative and authorize the Personal Representative to request my other digital assets as permitted by the Arizona Revised Uniform Fiduciary Access to Digital Assets Act, Ariz. Rev. Stat. §§ 14-13101 through 14-13116. Under § 14-13107, a request for communication content requires a written request, a certified death certificate, a certified copy of letters testamentary, a small-estate affidavit or a court order, and (unless I directed disclosure using an online tool) a copy of this Will or another record evidencing my consent. The custodian may request additional account information or court findings specified in that section.

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, to the extent this direction may be given effect 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, consistent with the testamentary-capacity requirement of Ariz. Rev. Stat. § 14-2501.
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.

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; provided that, consistent with Ariz. Rev. Stat. § 14-2517, this penalty clause is unenforceable against a Beneficiary who had probable cause for bringing the contest or other proceeding.

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 contests this Will without probable cause shall reimburse the Estate for reasonable attorney’s fees and costs incurred in defense, only to the extent this penalty is enforceable under A.R.S. § 14-2517 and determined by the court.

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. Probate proceedings concerning this Will belong in the Arizona Superior Court in the county of proper venue under A.R.S. § 14-3201. The Testator requests [COUNTY] County only if that county is proper under the statute.

8.3 Dispute Resolution. This Will does not require arbitration. Under A.R.S. § 14-1108, the court may require arbitration or order alternative dispute resolution in a Title 14 proceeding.

8.4 Jury Trial. This Will does not waive another party's jury-trial rights. Under A.R.S. § 14-1306(A), a party who duly demands a jury is entitled to one for a controverted fact issue carrying a constitutional jury-trial right. Otherwise, the court may call an advisory jury under § 14-1306(B).

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: _______________

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. § 14-2504 (above); § 14-2519 applies only to self-proved electronic wills.

• Interested Witnesses: For wills executed on or after October 1, 2019, a witness who is a devisee (or related to one) may not serve as a witness unless the Will is made self-proved under Ariz. Rev. Stat. § 14-2504 or § 14-2519. Ariz. Rev. Stat. § 14-2505.

• Holographic Wills: This template is a witnessed will under Ariz. Rev. Stat. § 14-2502. Arizona separately recognizes handwritten (holographic) wills, valid whether or not witnessed if the signature and material provisions are in the Testator’s handwriting, under Ariz. Rev. Stat. § 14-2503; that alternative does not apply to this form.
• Custody: Advise Testator to store original in a secure location and inform Personal Representative of its whereabouts.

© [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.