DIY Estate Planning vs. Hiring an Estate Attorney: What Arizona & New Mexico Families Need to Know
Walk-in Wills
Why Estate Planning Is Too Important to Leave to Chance
Jim and Barbara, a retired couple living in Arizona, thought they could handle their estate planning on their own. They found a DIY will template online, filled it out, and felt confident their estate was protected. But when Jim passed away, Barbara discovered:
- The will wasn’t properly signed and witnessed, making it invalid under Arizona law.
- Jim’s bank accounts weren’t included, forcing her into a lengthy probate process.
- The DIY template didn’t comply with state requirements, leading to costly court delays.
Barbara ended up spending thousands on legal fees—far more than if they had consulted an estate planning attorney from the start.
The takeaway? Estate planning isn’t just filling out forms. It’s about ensuring your wishes are protected by law and that your family avoids unnecessary stress and expenses.
The Risks of DIY Estate Planning
Many websites advertise quick, easy, and cheap do-it-yourself wills. But DIY estate planning often leaves families dealing with costly problems after the fact. Here’s what can go wrong:
1. Your Will May Not Be Legally Valid
Every state has its own laws for what makes a will valid.
- In Arizona, handwritten (holographic) wills must be in your handwriting and signed, but certain conditions apply.
- In New Mexico, wills must be signed and witnessed by two people.
If your DIY document doesn’t follow these laws, the court may reject it, and your estate could fall into intestate succession, leaving the court to decide who inherits your property.
2. It Won’t Help You Avoid Probate
DIY wills rarely include the legal tools necessary to avoid probate, like revocable living trusts or Transfer on Death Deeds (TODDs). Without these, your heirs could face months—or even years—of probate court proceedings.
3. DIY Forms Ignore State-Specific Estate Laws
Online templates don’t account for Arizona’s community property rules or New Mexico’s probate exemptions. These laws are unique and complex, and ignoring them can cause significant delays and disputes.
4. Important Assets and Beneficiaries May Be Left Out
Generic forms don’t prompt you to consider:
- Digital assets like online accounts or cryptocurrency.
- Out-of-state property that may require separate probate.
- Life insurance policies or retirement accounts with outdated beneficiaries.
If these aren’t properly included in your estate plan, your loved ones may not receive them as intended.
5. No Legal Advice or Customization
Estate planning is not one-size-fits-all. DIY forms cannot:
- Protect assets from creditors or lawsuits.
- Handle complex family situations, like blended families or special needs beneficiaries.
- Account for sentimental heirlooms or unique financial scenarios.
Mistakes often aren’t discovered until after you’re gone—and by then, it’s too late.
Why Hiring an Estate Attorney Is the Smart Choice
1. Your Documents Will Be Legally Sound
An estate planning attorney ensures your documents:
- Comply with Arizona or New Mexico state laws.
- Are properly signed, witnessed, and notarized.
- Cover all your assets and beneficiaries.
Real Example: Lisa, a New Mexico resident, used a DIY template that missed legal wording for non-probate transfers. Her family spent months in court to access her accounts—something an attorney could have prevented.
2. Minimize or Avoid Probate
Estate attorneys can set up tools like:
- Revocable living trusts
- Transfer on Death Deeds (TODDs)
- Joint tenancy arrangements
These tools help your family avoid probate, saving time and money.
3. Customized Advice for Your Family’s Needs
An estate attorney helps you:
- Structure plans for minor children, stepchildren, and special needs beneficiaries.
- Designate the right executors and trustees.
- Plan for potential issues, like creditors or divorce affecting your heirs.
Example: Tom wanted to leave money to his special-needs grandson. An attorney helped him create a special needs trust that protected benefits and ensured long-term financial support.
4. Protect Your Spouse and Children’s Inheritance
Estate attorneys help secure your family’s future by:
- Protecting assets from being lost to lawsuits or creditors.
- Ensuring smooth property transfers.
- Avoiding family conflicts by making your wishes clear and legally enforceable.
5. Ongoing Support and Updates
Estate laws and family circumstances change. An attorney helps keep your plan current:
- After marriages, divorces, or new grandchildren.
- When assets change, such as buying property or selling a business.
- As state laws evolve, your attorney can adjust your documents.
Why DIY Estate Planning Costs More in the Long Run
| Option | Upfront Cost | Long-Term Cost and Risk |
|---|---|---|
| DIY Estate Plan | $50 – $200 | Probate fees, legal battles, delays: $5,000 – $15,000+ |
| Estate Attorney | $500 – $2,500 | Peace of mind, legal protection, and savings on future legal expenses |
A small investment today can save your family from costly and stressful court battles later.
Simon Kubiak
CEO of Walk-In Wills
Take Action: Protect Your Legacy the Right Way
If you want to make sure your family is taken care of and your wishes are legally honored, don’t rely on a DIY template.
What You Can Do Today:
- Schedule a free consultation with an experienced estate planning attorney in Arizona or New Mexico.
- Review your existing will to ensure it complies with state laws and includes all necessary details.
- Consider setting up a trust or using other legal tools to avoid probate and protect your loved ones.
Need Help with Estate Planning?
At Walk-in Wills, we specialize in making estate planning simple, affordable, and legally sound for families in Arizona and New Mexico.
Call us today at 480-470-7000 to schedule your free consultation and protect your family’s future.
Call Today to Schedule a Free Consultation
Walk-In Wills is poised and ready to help you safeguard the assets you’ve worked so hard for all your life. Schedule your free hour-long consultation today by calling (505) 903-7000. You can also find out more about our services by visiting us online. Our attorneys offer more than just help with estate planning. They also provide peace of mind to you and your family.