Disclaimer: This article provides educational information only and does not constitute legal advice.
Detailed Answer
In Arizona, locating original wills and codicils before initiating probate requires a methodical search and understanding of state rules on custody and proof. Under Arizona law, a “will” includes any codicil or other testamentary writing. See ARS §14-2501.
1. Search Common Custody Locations
- Personal files: Check the decedent’s home safe, desk, or filing cabinets.
- Safety deposit boxes: Obtain court authorization if the bank refuses access. See ARS §14-2503.
- Attorney or bank trust department: Many clients leave original wills with their estate-planning attorney or financial institution’s trust department.
- County Recorder or Probate Clerk: A testator may deposit a will for safekeeping. See ARS §14-2505.
2. Verify Authenticity Before Probate
Arizona requires the original document for formal probate. If you find only a copy, you must petition the court to admit a copy under ARS §14-3404. To verify an original will or codicil:
- Confirm signatures: The testator’s signature must appear at the end of the document along with the date.
- Witness testimony or affidavits: If the will is not self-proving, obtain affidavits from the attesting witnesses. See ARS §14-2508.
- Self-proving affidavit: Many wills include a notarized affidavit that verifies the signing ceremony. This can expedite probate and removes need for live witness testimony.
- Document condition: Ensure no subsequent alterations, interlineations, or tears that could raise questions about validity.
3. Next Steps to Open Probate
Once the original will or an approved copy is ready, file a petition with the appropriate superior court’s probate division in the county where the decedent resided. The clerk will review the will, witness affidavits, and any codicils before issuing Letters Testamentary or Letters of Administration. See ARS §14-3401.
Helpful Hints
- Start your search early to avoid delays in probate.
- Maintain a log of who you contact and documents you review.
- If you suspect the will was deposited elsewhere, check surrounding county recorders.
- Keep multiple certified copies of the will and codicils once located.
- Consult a probate attorney if you face disputes or missing documents.