How to Make a Valid Will in Arizona

Who Can Make a Will in Arizona?

You must be at least 18 years old to make a will in Arizona. Emancipated minors may make a will (ARS 14-2501). The testator must be of sound mind: able to understand the extent of their property, know the individuals who would naturally benefit from their death, and understand that executing a will gives specific instructions on beneficiaries and property distribution

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. Electronic wills are also permitted under ARS 14-2518. If you are physically unable to sign, Another person may sign in the testator's conscious presence and by the testator's direction.

Witness Requirements in Arizona

Arizona requires 2 witnesses. Must be at least 18 years old and of sound mind. Arizona allows interested witnesses (beneficiaries under the will). Each witness must sign within a reasonable time after witnessing either the signing of the will or the testator's acknowledgment of the signature or the will.

Interested witnesses: Arizona allows interested witnesses. A will is not invalid because it is signed by an interested witness

Notarization in Arizona

Notarization is not required for a will to be valid in Arizona. Not required for validity. Required for self-proving affidavit

Self-Proving Affidavit

Arizona allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. The testator and witnesses must sign an affidavit before an officer authorized to administer oaths (notary public), who stamps the affidavit with their official seal. The affidavit should be part of or attached to the will (ARS 14-2504)

Handwritten (Holographic) Wills

Arizona does recognize holographic wills. Valid whether or not witnessed if the signature and material provisions are in the testator's handwriting. Testamentary intent can be established by extrinsic evidence including non-handwritten portions (ARS 14-2503)

Electronic Wills

Arizona recognizes electronic wills. Arizona recognizes electronic wills under ARS 14-2518. Requirements: readable as text at time of signing; electronic signature of testator; electronic signatures of at least two witnesses (physically or electronically present); must state date of each signature; must contain copy of testator's government-issued ID; must designate a qualified custodian (ARS 14-2520) who is not related to testator or a devisee

How to Revoke a Will in Arizona

In Arizona, a will can be revoked by:

• •Executing a subsequent will or electronic will that revokes the previous will expressly or by inconsistency
• •Performing a revocatory act on the will (burning, tearing, canceling, obliterating, or destroying)
• •Another person may perform the act in the testator's conscious presence and by the testator's direction

ARS 14-2507. An electronic will may also be revoked by deleting, canceling, or destroying the electronic record

Special Provisions in Arizona

Arizona is a community property state. Surviving spouse is entitled to their half of community property. Separate property may be disposed of freely by will. Arizona has no elective share statute because community property protections serve that function

Relevant Arizona Statutes

• ARS 14-2501 (Who may make a will)
• ARS 14-2502 (Execution; paper wills; witnessed wills)
• ARS 14-2503 (Holographic will)
• ARS 14-2504 (Self-proved wills)
• ARS 14-2507 (Revocation by writing or by act)
• ARS 14-2518 (Electronic will; requirements)
• ARS 14-2519 (Self-proved electronic will)
• ARS 14-2520 (Qualified custodian)