Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When an Arizona resident dies, determining whether they left a valid will or other estate planning documents helps heirs and personal representatives settle the estate according to the decedent’s wishes. Under Arizona law, you can follow these steps:
1. Search Personal Records and Safe Deposit Boxes
Check the decedent’s home office, filing cabinets, and safe deposit boxes for originals or copies of wills, trusts, powers of attorney, or advance health care directives.
2. Contact the Decedent’s Attorney or Financial Advisor
Review the decedent’s financial statements, phone logs, or contact lists. Attorneys and advisors often retain original estate planning documents or notes on where they store them.
3. Talk to Family Members or Named Executors
Reach out to relatives, close friends, or anyone named as a personal representative. They may know if and where the decedent kept estate planning documents.
4. Check with the Superior Court Clerk
Under Arizona Revised Statutes, someone must file the original will with the Superior Court in the decedent’s county of residence to start probate. Contact the Clerk of the Superior Court and request a search under the decedent’s full name and date of death. See A.R.S. § 14-3201 for probate commencement procedures.
5. Explore Private Will Registries and Banks
Some financial institutions offer will safe-deposit services or maintain registries. You can inquire with the decedent’s bank or search national will registries for stored documents.
Understanding Valid Wills under Arizona Law
Arizona Revised Statutes set formal requirements for a valid will. A will must be:
- In writing and signed by the testator at the end (A.R.S. § 14-2501);
- Witnessed by at least two qualified individuals;
- Optionally self-proved by affidavit before a notary public (A.R.S. § 14-2504), which expedites probate.
Helpful Hints
- Gather the decedent’s personal papers promptly to prevent loss or misplacement.
- Maintain a log of all contacts and searches you conduct.
- Obtain certified copies of probate filings once you locate an original will.
- Keep personal and digital estate planning documents in a secure, centralized location.
- Consider consulting a probate attorney if disputes arise or if documents remain missing.