Arizona’s Laws and Requirements for a Valid Will

Writing a will is one of the most important steps you can take to ensure your wishes are honored after your death. In Arizona, like in every state, there are specific laws you must follow for your will to be considered valid. If you live in Arizona or are thinking about moving there, it is smart to get familiar with these rules. Whether you are just starting to think about creating a will or want to double-check that your current will is in good shape, you are in the right place.

Why Having a Valid Will Matters

If your will does not meet Arizona’s legal requirements, the court could declare it invalid. That would mean the state’s intestacy laws would decide who gets your property, not you. These laws typically prioritize close family members, but they might not reflect your actual wishes. By taking the time to create a valid will, you can make sure your belongings go to the people and causes that matter most to you. It also makes the probate process smoother and less stressful for your loved ones during a very difficult time.

Basic Legal Requirements for a Will in Arizona

Arizona law spells out the basic requirements for a will to be legally binding. It is covered under Title 14 of the Arizona Revised Statutes. Here is what you need to know to stay on the right side of the law.

Minimum Age and Mental Capacity

First, you must be at least 18 years old to make a valid will in Arizona. Minors usually cannot create a binding will unless they meet special exceptions like emancipation.

Second, you must be of sound mind when you create your will. That means you understand what you are doing, know what property you own, recognize the natural objects of your bounty (like your family and friends), and know that you are making a will. If you have dementia, intoxication, or another condition that affects your mental state, someone could challenge your will later on by arguing you lacked capacity at the time you signed it.

Written Requirement

In Arizona, a valid will must be in writing, which can be typed or handwritten. Arizona actually recognizes three main types of wills: formal wills, holographic wills, and self-proved wills, each with its own rules.

Formal Wills in Arizona

A formal will is what most people imagine when they think of a will. It is typically typed, carefully prepared, and witnessed properly.

Signature and Witnesses

For a formal will to be valid in Arizona, it must be signed by the person making the will, known legally as the testator. If the testator cannot sign their name, someone else can sign on their behalf, but it must be done in the testator’s conscious presence and by their direction.
At least two witnesses must also sign the will. These witnesses need to see the testator sign the will or acknowledge their signature on the will. The witnesses do not have to read the will or know what is inside it, but they must understand that the document they are witnessing is intended to be a will.

Holographic Wills in Arizona

Arizona is one of the states that allows for holographic wills, which are wills that the testator handwrites.

Handwritten Requirements

A holographic will does not need to be witnessed if it meets certain requirements. The material provisions of the will and the signature must be in the testator’s handwriting. “Material provisions” mean the parts that dispose of property or appoint someone to serve in an important role, like a guardian for children.

Even though no witnesses are required, the handwriting must be proven, usually by someone familiar with the testator’s handwriting or through an expert if necessary. Because holographic wills are more prone to challenges and confusion, it is usually better to have a formal, witnessed will whenever possible.

Self-Proved Wills

Arizona also recognizes something called a self-proved will. This type of will includes extra documentation that makes the probate process easier later on.

How to Make a Will Self-Proved

To make a will self-proved, the testator and the witnesses sign an affidavit in front of a notary public. This affidavit states that the will was properly executed, that the testator was of sound mind, and that they were acting voluntarily. When a will is self-proved, the probate court can accept it without requiring the witnesses to testify, saving time and money for everyone involved.

Seek Legal Guidance To Take the Next Step

Creating a valid will in Arizona does not have to be complicated, but it does take care and attention to detail. By following Arizona’s laws and making sure your will is properly signed, witnessed, and clearly written, you can have peace of mind knowing that your wishes will be honored. It is also a good idea to review your will every few years or after major life changes to make sure it still reflects your intentions.

Taking the time now can save your loved ones a lot of trouble later. If you are ready to take the next step in planning your last wishes, consider speaking with an estate planning attorney who can guide you through the process and make sure everything is handled correctly. Call AVID Esq. Group, LLC today at 480-467-5636 to schedule a free consultation with our team.