What are the steps of creating a will? What’s the process? We almost never recommend you prepare just a will. I’m always recommending you prepare a living trust on top of it because it’s no more complicated. In Arizona, it helps you avoid the probate system. But if you just have a will and you’re okay with your estate going through probate, these are generally the steps.
First, you’re going to decide to do it. That’s why you’re watching this video, right? You haven’t decided to do it. By “decided to do it,” I mean it’s like you’ve got a deadline, like this month, not “Okay, in the future.” That’s procrastination. That’s why we still have 15,000 probates every year in Arizona, where people are fighting.
If you haven’t done it and it’s not in process, first thing is make a decision. Say, “I don’t care. Come hell or high water, it’s going to be done within the next six weeks.” Make a decision.
Second, you have to fill out all your information. I don’t mean all your information like an audit by the IRS. I mean the information that’s on your driver’s license, as long as it’s current, your Social Security card, and maybe your last tax return. Those are the key ingredients that are needed to fill out your will. You might also need to fill out who your family members are if that’s not on your tax return, your children’s names, and any beneficiaries’ names.
Maybe you’re naming an executor who’s not on that list. We need their information too. You’ve got to get that information into the system.
Then there’s going to be some drafting. Whoever’s drafting it has got to put the documents together. Once the documents are put together, you’re going to review them; you’re going to approve them or make changes.
Then the all-final moment: the signing ceremony. You, two witnesses, a notary, and a lawyer are going to sit down and do the ceremony where you’re going to sign.
Those are the steps. You get through those steps, and the moment you sign, it’s valid. It doesn’t have to be filed anywhere; it doesn’t have to be approved by the court. You sign. Poof, valid.
Summary
Creating a will involves several key steps. First, make a decisive commitment to complete the task. Second, submit essential information such as your identification, family details, and executor information. Then work with an attorney to draft the will. Review and approve the document and execute it in a signing ceremony with two witnesses and a notary present. Although a will can serve as a valid legal document independently, it’s often advisable to consider methods to avoid probate in Arizona.
