Episode Details

Episode Summary:
In this episode, Carly breaks down what really happens when a will cannot be found after someone passes away in Arizona. She explains how common missing wills are, what counts as a valid will, and how courts handle copies, digital versions, or even situations where a newer will is suspected but missing. She also shares practical guidance on what families should do, what mistakes to avoid, and why proper documentation matters more than most people think.

Key Timestamps:
00:00 – Introduction & welcome to the episode with Leigh Ann Lyon and Carly Whiteside
00:20 – How common are missing wills in Arizona and typical circumstances
01:45 – Digital scans or Word/PDF documents are not valid wills in Arizona
02:40 – Using a photocopy of a notarized/witnessed will in court
03:50 – What constitutes a “diligent search” for a missing will
05:00 – Searching safe deposit boxes, attorney contacts, and real-world examples of late-found wills
06:30 – No public will registry in Arizona; suggestion for improvement
07:40 – Proving lost will contents through attorney or witness testimony
09:10 – Old will found when a newer one is known to exist but missing
10:00 – Court prioritizes the found original will; newer missing will is ignored without proof
11:20 – What happens if a will is discovered after assets have already been distributed
13:10 – Should you stop searching and proceed under intestacy laws?
14:20 – Attorney’s fiduciary duty and not concealing documents
15:40 – First steps if you realize a parent’s will is currently missing
17:00 – Closing remarks, contact info for Copper Wren Law, and call to action

About the Show:
Probate Problems and Practical Solutions*  focuses on helping families understand and navigate probate, guardianship, and estate administration. Each episode provides straightforward, practical insights into real legal situations faced by families in Arizona.