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.
Estate planning laws vary from state to state, and what’s legal in one place may be invalid in another.
✅ 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.
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.
A will is not a “set it and forget it” document. Life changes, and your will should reflect those changes to avoid unintended consequences.
✅ 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.
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.
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.
🚫 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.
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.
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.
🔹 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)
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.
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.
🚫 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.
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.
Your 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.
If 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!
