A will is a legal paper that tells everyone what a person wants to happen to their property after they die. The person who makes the will is called the testator. The will explains who should get the house, the car, the bank accounts, and other belongings.
In Arizona, a valid last will and testament needs to be written down. The testator must sign it, or someone else can sign it if the testator asks them to and watches them do it. Two people need to witness the signing. These witnesses must either see the testator sign the will or hear the testator say that the signature is theirs.
Arizona also accepts holographic wills. These are wills that the testator writes by hand. A holographic will does not need witnesses. However, the signature and the key terms of the will must be in the testator’s own handwriting. This gives people more options for making their wishes known.
A will only works if the testator has testamentary capacity when they make it. This means the person must understand what they own, who their family members are, and what the will does. They need to be of sound mind and not under pressure from anyone else.
Where Can Lost Wills Be Found in Arizona?
When someone dies and their will cannot be found, the search begins. A lost will might be in several places. Knowing where to look can save time and stress.
Many people keep their wills in safe deposit boxes at banks. Arizona law lets bank employees open these boxes when someone dies. Two bank workers can open the box if an interested person is there with them. If they find a will, they can give it to the person named as executor or to the court clerk.
Some people keep their wills at home. Check filing cabinets, desk drawers, home safes, and other places where important papers are stored. Look through personal files carefully. The will might be with other documents like birth certificates, property deeds, or insurance policies.
The attorney who wrote the will might have a copy. Many Arizona lawyers keep copies of wills they prepare for clients. Some lawyers also store the original will for safekeeping. Contact any attorney the deceased person worked with. Even if that attorney did not write the will, they might know where it is.
Sometimes family members or close friends have copies. The testator might have given a copy to the executor they named in the will. They might have given copies to children or other people who will inherit property. Ask family members if they know anything about the will.
The courthouse might have records, too. While Arizona does not require people to file their wills before death, some people choose to deposit their wills with the court for safekeeping. Check with the clerk of the superior court in the county where the person lived.
Will a Copy of the Will Be Accepted in Arizona?
If the original will is truly lost and cannot be found anywhere, a copy might work. However, at least one credible witness must testify that the copy is a true copy of the original will. This witness does not need to be one of the people who witnessed the original signing. They just need to confirm that the copy matches what the original said.
The court will examine the situation carefully. They need to be sure the will was valid when it was made. They also need to be sure it was never revoked. If the court accepts these facts, they can admit the copy to probate.
What if no copy exists at all? Then things get harder. The contents of the will must be proved by clear and convincing evidence. This is a high standard. Witnesses might testify about what they remember the will saying. The attorney who drafted it might have notes or memory of the terms. The court must write out what the will said in reasonable detail before accepting it.
Using a copy is not automatic. The process requires filing a petition for formal probate that states the contents of the will and indicates that it is lost, destroyed, or otherwise unavailable. An Arizona lawyer consultation can help you understand what evidence you need and how to present it to the court.
Is There Anything I Can Do To Prove the Will Wasn’t Destroyed?
Arizona law creates a legal presumption about missing wills. If a will was last seen with the testator and cannot be found after death, the law assumes the testator destroyed it on purpose. This presumption means they wanted to revoke the will.
However, this assumption can be challenged. You can present evidence to show the will was not destroyed on purpose. This is called rebutting the presumption. You need to show by a preponderance of the evidence that the testator did not intend to revoke the will.
What kind of evidence works? Testimony from people who knew the testator well can help. They might explain that the testator never wanted to change the will. They might describe the testator’s careful habits with important documents.
Evidence of accidental loss is powerful. If the will was destroyed in a house fire, flood, or natural disaster, this shows the loss was not intentional. If someone stole the will or it was lost during a move, these facts matter too.
The attorney who drafted the will can provide important testimony. They can explain what the testator wanted. They can describe conversations about keeping the will safe. Their professional records might show the testator’s intentions.
Copies of the will, even if not perfect, can help show it existed and was not revoked. Letters or emails where the testator mentioned the will can be useful. Any evidence that the testator still wanted the will to control what happened after death can help overcome the presumption.
Courts understand that people sometimes lose important papers without meaning to. They are willing to listen to evidence. However, you need to gather that evidence and present it properly. This is where legal help becomes very important.
Without proper evidence to rebut the presumption, the estate may be treated as dying without a will. This means intestate laws will control the distribution of property. Arizona’s inheritance succession laws determine who inherits based on family relationships rather than the testator’s wishes. This is why working with an Arizona will lawyer is so important when dealing with a lost will situation.
Do I Need To Contact an Attorney About a Lost Will in Arizona?
Dealing with a lost will in Arizona does not have to be overwhelming. The right legal help makes all the difference. Whether you found a copy, have witnesses who remember the will, or are still searching, an experienced attorney can guide you.
LegalMatch connects you with qualified Arizona lawyers who handle estate and probate matters. Our service is free and easy to use. You describe your situation, and we match you with attorneys who have the skills and experience you need.
Getting an Arizona lawyer consultation through LegalMatch is simple. You get to review attorney profiles, see their qualifications, and read reviews from other clients. You choose the lawyer who seems right for your situation. You are not obligated to hire anyone until you are comfortable with your choice.
Time matters in probate cases. Arizona law sets deadlines for opening estates and presenting wills to the court. The sooner you get legal help, the better. Do not let a missing will keep you from honoring your loved one’s wishes.
Contact LegalMatch today to find an Arizona will lawyer who can help you navigate this challenging situation. Whether you need help searching for a will, proving a copy, or challenging the presumption of revocation, the right attorney will stand by your side. Let us connect you with the legal help you need to move forward with confidence.
