Resources for Seniors

questions & answers

Question: Where can I see someones will?

Answer:

Generally, the person who created a will would keep a copy of it. This person is referred to in law as the testator. If that person had an attorney draft a will, the attorney may also have a copy of the will. However, due to the rules of professional conduct, the attorney may not be able to discuss with you matters that are in the will without the consent of the testator.

You may want to review the Arizona Revised Statutes (A.R.S.) in Title 14, which deal with wills. If the testator has passed away, you may want to review A.R.S. 14-2516, which states:

A. After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate or, if none is known, to an appropriate court.

B. A person who wilfully fails to deliver a will as required by this section is liable to any person aggrieved for any damages caused by this failure.

C. A person who wilfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.

Additionally, you may want to review the laws in Title 14 which deal with intestacy, which is when a person passes away without a will.