Arizona law gives you a simple way to assign personal items to the people you choose. You do not need to change your will or trust. This tool is called a personal property memorandum. It can save your family a great deal of confusion and conflict.
Arizona's Personal Property Memorandum
Under A.R.S. 14-2513, you can make a written list that says who should get certain items of tangible personal property after your death. This covers physical things you can touch: furniture, artwork, jewelry, cars, books, clothing, tools, firearms, and similar items.
It does not cover money, real estate, stocks, bank accounts, or other financial assets. It is built for the personal items that carry meaning. These are often the things that cause the most fights among family.
Requirements for a Valid List
Arizona keeps the rules simple:
- Your will or trust must mention the memorandum. The document should say that you may create a separate list for giving out personal items, and that the list should be followed.
- The list must be signed by you. Once signed, it carries legal weight.
- It must describe the items and name who gets them clearly. For example, "My coin collection to my grandson David" is clear. "Some of my stuff to my kids" is not.
- It can be handwritten or typed.
- It can be made before or after your will is signed.
You can update the list as often as you want. Want to add a new item or change who gets it? Write a new list or revise the old one and sign it. The most recent signed version wins.
What to Include on Your List
Think about the items that matter most to your family. Common examples include:
- Jewelry and watches
- Artwork, paintings, or photos
- A coin collection, stamp collection, or hobby items
- Firearms
- Musical instruments
- Family heirlooms, china, or silverware
- Cars, boats, or outdoor gear
Be specific. Instead of "my rings," write "my diamond engagement ring" or "my gold wedding band." More detail makes it easier for your family to follow your wishes.
Why This Matters for Family Dynamics
Personal items often carry more heart than dollar value. A grandmother's necklace, a father's tools, or a family bible can spark a painful dispute. No one plans for it. But grief changes things fast. Siblings who get along may clash over who should get a certain item.
A clear, signed list removes the guesswork. It shields bonds by putting the choice in your hands, not theirs. That simple step can prevent lasting damage between the people you love most.
How the Memorandum Works with Your Estate Plan
The personal property memorandum works alongside your will or living trust. It does not replace them. Your will or trust handles the big picture: real estate, money accounts, and the overall structure of your estate. The memorandum handles the details. It covers the single items that would be costly and slow to address through formal changes.
Make sure your estate planning papers include the language required by A.R.S. 14-2513 to point to the memorandum. Keep your list in a safe place where your personal representative or successor trustee can find it. Let your family know the list exists. A paper no one can find does not help anyone. Simple as that.