Why Every Arizona Resident Needs a Will
By Richard Keyt and Richard C. Keyt, Arizona Estate Planning Attorneys
Richard Keyt (Rick, the father at 480-664-7478) and his son, former CPA Richard C. Keyt (Ricky at 480-664-7472), are Arizona wills, trusts and estate planning attorneys. They have 294 5-star Google reviews and 407 5-star Google, Facebook & Birdeye reviews. They want to prepare a custom estate plan for Arizona residents that protects their most valuable assets – their loved ones. Call, email, or book a free office, phone or Zoom video meeting.
What Is a Last Will & Testament — Why Every Arizona Resident Needs It
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We want to help you protect your most valuable assets — your loved ones.
You are going to die. You don't know when. You don't know how. But it will happen — and when it does, one of two things will be true: either you left a plan that protects the people you love, or you left a mess that they will have to clean up while still grieving your loss.
If you are an Arizona resident without an estate plan, you are leaving a mess. This article explains what a Last Will & Testament is, why you need one, and — critically — why a will alone is not enough to truly protect your family.
What is a last will & testament?
A Last Will & Testament — commonly called a “will” — is a legal document in which you, the testator (the person making the will), declare in writing:
- Who receives your property when you die
- Who raises your minor children if both parents are gone (the guardian)
- Who manages and distributes your estate — called your personal representative (what other states call an executor)
- Any specific gifts of money, personal property, or real estate to individuals or charities
In Arizona, a valid will must be in writing, signed by you, and witnessed by at least two people who are also present and signing at the same time. That requirement comes from Arizona Revised Statutes Section 14-2502.
Arizona also allows holographic wills — entirely handwritten and signed in your own hand — under Arizona Revisded Statutes Section 14-2503. But holographic wills are frequently contested, misinterpreted, or thrown out by courts. A professionally drafted will is always the better choice.
What happens if you die without a will?
If you die without a valid will, you die intestate — and Arizona law takes over completely. The state has a rigid formula for distributing your assets under Arizona Revised Statutes Sections 14-2101 through 14-2114. The law does not care:
- That you wanted your daughter to have the house
- That you were estranged from a sibling for 30 years
- That your longtime partner — who was never legally married to you — was the love of your life
- That you wanted to leave something to your church, your favorite charity, or a scholarship fund
The law doesn't know you. It never will. It will distribute your estate to whoever the statute says should receive it — full stop. A distant relative you've never met could inherit everything you worked your entire life to build, while the people who mattered most to you receive nothing.
And if you die with no living relatives at all? Your entire estate escheats — meaning the State of Arizona inherits everything you own.
Harm Caused by Dying with No Will or Trust
1. A stranger decides who raises your children
Without a will naming a guardian to raise your minor children, a probate judge — someone who has never met your family — decides who will raise your minor children. That judge may choose someone with completely different values, beliefs, or parenting philosophies than yours. A will is the legal document that Arizona residents use to designate who will raise minor children.
2. Your estate gets stuck in probate court
Even with a will, your estate goes through probate — a public, often lengthy, court-supervised process. Probate in Arizona can take months or years. Court costs and attorney fees eat into what you leave behind. And while probate drags on, your family may have no access to funds to pay bills, cover your funeral, or keep a business running.
3. Your unmarried partner inherits nothing
Arizona does not recognize common-law marriage. If you have lived with a partner for years — even decades — but were never legally married, that person has zero automatic inheritance rights under Arizona law. Your partner could be forced out of the home you shared while your relatives receive all of your assets.
4. Estranged relatives could receive your estate
Arizonan itestacy law distributes assets based on family relationships alone — not the quality of those relationships. A parent, sibling, or cousin you haven't spoken to in years could inherit a share of your estate simply because the statute says so.
5. Your heirs' inheritance is left unprotected
Even if your assets reach the right people, without proper planning, an heir's inheritance can be seized by their creditors, lost in a divorce, or wiped out in a bankruptcy. A well-designed estate plan protects your beneficiaries' inheritance from those threats — not just during your lifetime, but after you are gone
6. Family conflict tears your loved ones apart
No plan means no clear direction. No clear direction means disagreements. Disagreements during grief become permanent rifts. Families have been destroyed by battles that erupt when a loved one dies without a will. You have the power to prevent all of that with a will.
Critical truth: a will alone is not a complete estate plan
Here is something most Arizona residents don't know: even if you have a valid will, your estate will still go through probate court. A will is a set of instructions to a probate judge — it does not avoid probate. It simply tells the court what to do after it gets involved.
Probate is public, slow, and expensive. We charge $5,000 for a simple uncontested probate. Anyone can look up your probate case — your assets, your debts, and who received what all become a matter of public record. And joint tenancy or beneficiary designations on a few accounts are not a substitute for a full plan. Those tools only cover specific assets and leave significant gaps.
The cornerstone of proper Arizona estate planning is a Revocable Living Trust. When your assets are held in a properly funded trust, they pass directly to your beneficiaries after your death — completely outside of probate court. No court. No delays. No public record. No unnecessary expense.
But there is more. The most advanced estate plans also protect your beneficiaries by placing their inheritance inside an irrevocable asset-protected trust. This means that what you leave your children or other loved ones cannot be seized by their creditors, cannot be taken by a divorcing spouse, and cannot be swept away in a bankruptcy proceeding. Your hard-earned legacy stays in the family — exactly where you intended it to go.
Common excuses — and why none of them hold up
“I'm too young to worry about this.”
Tragedies do not wait until your affairs are in order. People of every age die unexpectedly. The time to plan is when you are healthy and thinking clearly — not after a crisis forces the issue.
“I don't have enough assets.”
A plan isn't only about money. It's about who raises your children, who manages your finances if you become incapacitated, and who makes your medical decisions. Those issues affect everyone.
“My spouse gets everything automatically.”
One of the most dangerous myths in estate planning. In blended families, with children from prior relationships, or with separate property, Arizona's intestacy laws can produce results that are shocking — and completely contrary to your wishes.
“I have beneficiary designations.”
Beneficiary designations only cover specific accounts. They don't govern your home, your personal property, your business interests, or your debts. They also don't protect your beneficiaries from creditors or divorce courts.
“I'll take care of it later.”
Later never comes for some people. And when later becomes never, your family pays the price — in court, in conflict, and in grief.
The bottom line
A Last Will & Testament is not a document only for the elderly or the wealthy. It is a document for every adult in Arizona who has people they love, assets they've worked for, or wishes they want honored.
But a will alone is not enough. Without a Revocable Living Trust, your family will still face probate court. Without asset-protection provisions for your beneficiaries, the inheritance you leave behind is vulnerable. A complete estate plan addresses all of it — and gives you, and the people you love, genuine peace of mind.
You have worked too hard and loved too much to leave your legacy to chance.
See the Contents of Our Estate Plan
To protect your most valuable assets—your loved ones— read our article that describes the 36 documents and services you will get if you hire us to prepare your comprehensive estate plan with a revocable living trust or watch thie video about the documents and services. Our estate plan includes a Last Will & Testament.
Questions? Book a free meeting or call or email one of our Arizona estate planning attorneys. We don't charge to talk to people.
Call or email Richard Keyt, the father
Direct phone: 480-664-7478
Email: [email protected]
Call or email Richard C. Keyt, the son
Direct phone: 480-664-7472
Email: [email protected]