What are the basic types of wills? There are really only maybe two or three different types. There’s the standard typed-out will that says, “Last Will and Testament of so-and-so. I revoke all prior wills that I’ve made.” Typed out, and then you sign it to witnesses, and you should add a self-proving affidavit. That’s the whole typical will prepared by a law firm.
What’s another type? Another type is a handwritten will. Hundred percent handwritten. Arizona does say those are valid. It’s called a holographic will. It has to be in your own handwriting, it has to be signed by you. That’s it.
Your handwriting must say something about this being your will. “I want to leave things on my death to blah blah blah.” It kind of sounds like a will, right? It’s not a contract. You’re drafting a will. In your handwriting, and you have to sign it. That’s a holographic will.
Now, Arizona has this thing that’s kind of a hybrid of the two, which I never recommend. I recommend you avoid them at all costs. They’re expensive to deal with. They’re frustrating. It may or may not work. Occasionally we get them to be approved by the judge, but no guarantees.
It’s these ones that are pre-printed forms from some store, and you fill in some blanks. So, some of it is typed, and some of it you’ve handwritten. I don’t recommend these at all. Avoid those at all costs, these pre-printed ones with some blanks. Just don’t do it. Please avoid those.
Either do a real one with a law firm or do a handwritten one. If you want to just be cheap and do it on your own, it’s totally fine. Just know, no matter what kind of will you draft, whether it’s one, two, or three, it’s going to probate court. It must be filed in probate. Any probate lawyer is going to be happy to go through the process because that’s where probate lawyers make a bunch of money.
So far, our clients that we do wills and trusts for, none of them pay us for probate. They all go through to their family. That’s the ideal way, but if you don’t care, fine. Do a will, do one or the other, and then your family will file it in probate court. Those are the three main types.
Summary
There are three basic types of wills. The first is a standard typed-out will typically with witnesses and a self-proving affidavit. The second is a handwritten will called a holographic will, entirely in the individual’s handwriting, signed and stating their intentions. The third type is a hybrid pre-printed form, a discouraged option due to potential complications and expenses. Regardless of the type, all wills eventually go through probate court.
