A living will, and last will and testament are different, although both are used to interpret a person’s wishes when they are unable to communicate. Each state, including Arizona, has its own unique requirements for a Phoenix living will, or a last Phoenix will and testament. If you decide that you want to set up a living Phoenix will and a Phoenix last will and testament, you should be familiar with the state laws of Arizona regarding these documents.

A living will is used to explain the medical treatments you want if you are in an incapacitated state such as a coma or a persistent vegetative state and cannot communicate. A living will is also called a directive to physicians and has information about what life saving treatments you want to be used on you. A Phoenix living will can have information on what a person would like to have done with their remains, (if they wish to be buried or cremated), and also have information on consent to organ donation or an autopsy request.

A last will and testament, which the term “will” usually refers to, becomes effective as soon as a person dies. The Phoenix last will and testament is used to determine how a person’s estate will be distributed. This document is used by probate courts to distribute assets to beneficiaries. Probate court is used to interpret how the assets should be distributed if the Phoenix will has ambiguous parts or parts that can be disputed. Property is distributed after the testator’s (the person who passed away leaving assets behind) debts and taxes have been paid. A last Phoenix will can also name a guardian for minor children and include other details regarding a person’s estate.

The last will and testament is only intended to be used upon a person’s death and the terms of the Phoenix will cannot be enforced until a person’s death. A Phoenix will should name a trustworthy and competent person to be an executor of the will, and the executor distributes the property of the estate and takes care of paying debts. The executor also keeps track of estate payments with accounting records, and is the testator’s representative in probate court during the process of distributing assets to beneficiaries. A person can and should have both a last Phoenix will and testament and a living will arranged for their estate so that their wishes are interpreted properly.

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