Top 5 Mistakes to Avoid When Creating a Will in Arizona & New Mexico
Walk-in Wills
A Small Mistake in Your Will Could Cost Your Family Thousands
No one likes to think about what happens after they’re gone, but creating a legally sound will is one of the most important steps you can take to protect your loved ones. Unfortunately, many people make critical mistakes when drafting their will—errors that can lead to probate disputes, financial losses, and even the invalidation of the entire document.
If you live in Arizona or New Mexico, it’s essential to follow state-specific laws to ensure your will is legally binding. Let’s go over the top five mistakes people make when creating a will and how you can avoid them.
Mistake #1: Not Following State-Specific Will Requirements
Estate planning laws vary from state to state, and what’s legal in one place may be invalid in another.
Key Differences in Arizona & New Mexico Will Laws:
- Arizona allows handwritten (holographic) wills without witnesses, but they must be entirely in the testator’s handwriting and signed.
- New Mexico requires two witnesses to sign the will for it to be legally valid, even if it’s handwritten.
Real-World Example:
John, an Arizona resident, used an online will template designed for California. Since it didn’t follow Arizona’s legal requirements, his will was contested in probate court, causing delays and legal expenses for his family.
How to Avoid This Mistake:
- Consult an estate planning attorney to ensure your will complies with Arizona or New Mexico laws.
- If you move states, update your will to reflect new legal requirements.
Mistake #2: Not Updating Your Will Regularly
A will is not a “set it and forget it” document. Life changes, and your will should reflect those changes to avoid unintended consequences.
Common Reasons You Should Update Your Will:
- Marriage or divorce – Update your will to ensure your spouse (or ex-spouse) is properly included or removed.
- Birth or adoption of a child – Make sure all children are named beneficiaries.
- Death of a beneficiary or executor – If someone named in your will has passed away, update your estate plan.
- Major financial changes – Acquiring property, inheriting money, or starting a business should trigger an update.
Real-World Example:
Sarah wrote her will 20 years ago and left everything to her spouse. However, her spouse passed away years before she did, and she never updated the document. Her children had to go through probate to claim their rightful inheritance.
How to Avoid This Mistake:
- Review your will every 3-5 years or after a major life event.
- Work with an estate planning attorney to ensure it stays current.
Mistake #3: Naming the Wrong Executor
The executor is the person responsible for managing your estate after you pass. Many people choose a family member without considering whether they are truly the best fit.
Potential Problems with Choosing the Wrong Executor:
- Some family members lack financial or legal knowledge.
- If there is family tension, choosing one child over another could lead to disputes.
- An executor who lives out of state may face legal complications and delays.
Real-World Example:
Tom named his oldest son as executor, assuming he would handle things responsibly. However, his son had no financial experience, leading to delays, errors, and costly legal disputes.
How to Avoid This Mistake:
- Choose an executor who is trustworthy, responsible, and financially competent.
- Consider naming a neutral third party, like a probate attorney, for complex estates.
Mistake #4: Forgetting to Include All Assets
Many people assume a will covers everything they own, but that’s not always the case. Certain assets require special handling to ensure they are properly transferred.
Commonly Overlooked Assets:
- Digital assets (online banking, social media, cryptocurrency)
- Out-of-state property (may require separate legal procedures)
- Life insurance & retirement accounts (these pass through beneficiary designations, not a will)
- Sentimental family heirlooms (specific distribution should be outlined in your will)
Real-World Example:
Lisa left a will stating her assets should be divided equally among her children. However, her retirement account still listed her ex-husband as the beneficiary. Since beneficiary designations override wills, her ex-husband received the account’s funds instead of her children.
How to Avoid This Mistake:
- Create a comprehensive list of assets and update it regularly.
- Check beneficiary designations on life insurance, bank accounts, and retirement plans to ensure they match your estate plan.
Mistake #5: Not Consulting an Estate Planning Attorney
Many people assume they can create a will online using a DIY template. While this may seem convenient, it often leads to major legal issues that cause probate battles and unintended asset distribution.
Why DIY Wills Can Be Risky:
- They may not comply with Arizona or New Mexico state laws.
- They don’t account for complex family situations, such as blended families or children with special needs.
- They lack legal oversight, making them more likely to be contested in court.
Real-World Example:
Jim used an online service to draft his will, assuming it was legally binding. However, he missed key formalities required in Arizona, and his heirs had to hire a probate attorney to fight for their inheritance.
How to Avoid This Mistake:
- Work with an estate planning attorney to create a legally sound will.
- Ensure your will is properly signed, witnessed, and notarized if required.
- Consider a living trust to protect your heirs from probate altogether.
Final Thoughts: Protect Your Legacy with Proper Estate Planning
our last will and testament is one of the most important legal documents you will ever create. By avoiding these common mistakes, you can:
- Protect your family from legal disputes.
- Ensure your assets go to the right people.
- Minimize probate costs and delays.
Simon Kubiak
CEO of Walk-In Wills
Take the Next Step: Secure Your Family’s Future
you’re in Arizona or New Mexico, working with an experienced estate planning attorney can help you avoid costly errors and ensure your final wishes are honored.
📞 Call us today at 480-470-7000 for a free consultation and let’s ensure your estate plan is done right!
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