Why Protecting Your Original Will Matters in Arizona

When it comes to estate planning, few documents are as important as your Last Will and Testament. In Arizona, and other states, the enforceability of your will often depends on one key detail: whether the original document can be located after your death. While it might seem like a simple matter, the difference between an original will and a copy can have major legal consequences for your estate and your family.

Why the Original Will Matters

Under Arizona law (A.R.S. § 14-3415), the probate court generally requires the original, signed version of your will to prove its authenticity. This original document is the best evidence that the will was properly executed and reflects your true intent. If the original will cannot be found after your death, Arizona law presumes that you intentionally revoked it—unless there’s clear evidence to the contrary. That presumption can create complications, even if a copy exists.

What Happens If the Original Will Is Missing?

If only a copy of the will is available, the person seeking to probate it (usually the named personal representative or a beneficiary) must convince the court that:

• The will wasn’t revoked, and

• The copy accurately reflects the original.

That typically requires credible testimony or documentation—for example, proof that the original was accidentally destroyed or lost. This process can be time-consuming, costly, and stressful for your family at an already difficult time.

Common Scenarios That Create Problems

• The original will is kept in a home safe that no one can access.

• An attorney’s office closes, and your will is misplaced.

• Family members disagree about whether the will was revoked.

• Only a photocopy or scanned version is found in digital files.

In each of these cases, your heirs could end up in court fighting over whether your estate should be distributed according to the copy—or under Arizona’s intestacy laws, which apply when there’s no valid will.

Why It’s Important to Plan for the Unexpected

Even if you take every precaution, unforeseen events can still threaten the availability of your original will. Natural disasters such as fires, floods, or earthquakes could destroy physical copies. Similarly, technological mishaps might corrupt digital versions or backups. That’s why relying solely on a single copy—no matter how carefully stored—is risky. Additionally, family disputes about the validity of your will often hinge on whether the original is accessible. Without it, disagreements can escalate, leading to costly probate litigation and delays in distributing your assets.

How to Protect Your Original Will

To make sure your will can be enforced as you intended, consider the following steps:

• Store it securely, but accessibly. A fireproof home safe or a safe-deposit box works well—just make sure your executor or trusted family member knows how to access it.

• Tell someone where it’s kept. Let your personal representative or attorney know where the original is stored and how to retrieve it.

• Avoid unnecessary duplicates. Keep copies for reference, but clearly label them as “COPY” to avoid confusion.

• Update your plan when needed. If you replace your will, destroy the old version or clearly mark it as revoked to prevent disputes later.

• Consider professional storage. Some law firms or financial institutions offer secure document storage services designed to keep estate planning documents safe and easily accessible when needed.

• Review your estate plan regularly. Life changes such as marriage, divorce, or the birth of a child may require updating your will—and ensuring the original document remains current and accessible.

The Bottom Line

In Arizona, the original will is what carries legal weight. Losing it—or leaving its location unclear—can jeopardize your entire estate plan. A few small steps today can spare your loved ones major complications later.

One More Pointer

Many of these problems arise in Probate Court. An estate plan that includes a Trust will likely avoid many of the issues of Probate. Read these articles here, here, and here, regarding the topics of Probate and Trust, and the importance of having a Trust in your estate plan.