Detailed Answer

This section explains how to replace an existing will with a new one in Arizona so the new document revokes the prior will without filing either document with any court now. This is general information only and not legal advice.

Under Arizona law, you generally replace an older will by creating a new will that either (1) contains an express revocation clause stating your intent to revoke earlier wills, or (2) by physically destroying the older will with the intent to revoke it. You do not need to file either the old or the new will with a court while you are alive. A will is typically presented to the court only after death for probate.

What makes the new will revoke the old one?

• Express revocation clause: The clearest method is to include in the new will a clause such as, “I hereby revoke all prior wills and codicils executed by me.” An express revocation removes ambiguity and is recognized by Arizona probate courts.
• Inconsistent provisions: If the new will does not expressly revoke prior wills but contains provisions that are inconsistent with an earlier will, the later will will generally prevail to the extent of the inconsistency.
• Physical destruction: Physically destroying the earlier will (burning, tearing, or otherwise destroying it) with the intent to revoke also revokes the prior will. Keep a record or witnesses to the destruction when practical.

Formalities to beware of

For the new will to be effective, it must meet Arizona’s execution requirements (writing, signature, and any witness/attestation requirements the statute requires). If your new will fails to satisfy those formalities, it may be invalid and the old will could remain operative. For Arizona statutory text and details about execution and validity, see Arizona Revised Statutes, Title 14 (Trusts, Estates, and Protective Proceedings): https://www.azleg.gov/arsDetail/?title=14.

Practical steps to replace your will

1. Draft the new will and include a clear revocation clause: “I revoke all prior wills and codicils.” You can use a lawyer or a reputable will-preparation service, but the document must meet Arizona execution rules.
2. Sign the new will following Arizona formalities (see statute link above). If available in Arizona, consider having a self-proving affidavit executed with the will to streamline later probate.
3. Physically secure the original new will (give it to your chosen personal representative/executor, store it in a safe place, or keep it with your attorney). Tell your executor where the original is kept.
4. If you can locate the earlier will, physically destroy it or mark it “revoked” and note who witnessed the destruction. If an older will is held by an attorney or in a safe deposit box, notify the holder of your intent and provide the new original or a copy where appropriate.
5. Keep copies for your records and inform the person you name as personal representative of the location of the original new will and any destroyed older wills.

When must a will be filed with the court?

You do not file the will with court while you are alive. Arizona courts typically receive and open wills when the testator dies and someone petitions for probate. Filing both documents now is unnecessary and uncommon. If a dispute arises after your death, the existence of clearly executed documents and an express revocation clause will help the probate court determine your intent.

What if there are multiple originals or copies?

If more than one original will exists or a prior original cannot be produced, probate may require evidence about which document represents your last valid will. To minimize problems, have only one original executed and keep other copies marked as copies (or destroyed) and tell your executor where the original is kept.

When to talk to an attorney

Consider consulting an Arizona attorney if your estate or family situation is complex (blended families, significant assets, incapacity planning, minor beneficiaries, or potential challenges). An attorney can draft language tailored to your circumstances and confirm you satisfy all statutory requirements. For general statutory text, see A.R.S. Title 14 here: https://www.azleg.gov/arsDetail/?title=14. For general probate information from the Arizona courts, see https://www.azcourts.gov/.

Disclaimer: This content is educational only and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Arizona attorney.

Helpful Hints

• Include a clear revocation clause in the new will: the simpler and clearer, the better.
• Follow Arizona execution rules exactly—an improperly executed new will can cause the old will to remain effective.
• If you destroy an earlier will, do so in a way that leaves evidence (witnesses or a notation) of your intention to revoke.
• Tell the person you name as personal representative where the original new will is stored and give them contact information for anyone holding an older will.
• Avoid keeping multiple unmarked originals—keep one clearly labeled original and destroy prior originals or mark them “revoked.”
• Consider executing a self-proving affidavit with the new will (if possible in Arizona) to make probate faster and reduce witness testimony after death.
• If an older will is with an attorney or in a safe deposit box, notify the holder in writing to prevent accidental use of the old document after your death.
• Review your will after major life events (marriage, divorce, birth, adoption, large changes in assets) to ensure the new will still expresses your intent.
• When in doubt, consult a licensed Arizona attorney to avoid costly disputes and ensure the new will will be effective when needed.