{"id":1016,"date":"2018-02-01T17:27:51","date_gmt":"2018-02-01T17:27:51","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/?page_id=1016"},"modified":"2022-08-30T14:22:02","modified_gmt":"2022-08-30T14:22:02","slug":"arizona-last-will-testament-requirements","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/blog\/arizona-last-will-testament-requirements\/","title":{"rendered":"Arizona Last Will and Testament Requirements"},"content":{"rendered":"

Introduction<\/h2>\n

When you die without a will, you die \u201cintestate<\/a>,\u201d leaving your estate to the direction of the state\u2019s intestate succession laws. Intestacy proceedings leave your family with little to no say over how your assets are distributed, and it can significantly lengthen the time it takes to ultimately distribute your assets to your heirs. To avoid the hassle and save your family the additional time and cost, it\u2019s essential to have a last will and testament.<\/p>\n

In the state of Arizona, there are 6 requirements<\/a> for a valid last will and testament:<\/p>\n

    \n
  1. The testator<\/a> needs to be 18 or older<\/li>\n
  2. The testator needs testamentary intent<\/li>\n
  3. The testator needs to possess testamentary capacity<\/li>\n
  4. The testator cannot be unduly influenced<\/li>\n
  5. The testator needs to sign and date the will, or direct someone to do it for him<\/li>\n
  6. The will needs to be signed by two witnesses<\/li>\n<\/ol>\n

    The Testator Needs to Be 18 or Older<\/h2>\n

    Minors cannot own property, so it makes sense that they don\u2019t have the capacity to gift assets, either. If a minor drafts a will, a probate judge will invalidate the will.<\/p>\n

    The Testator Needs Testamentary Intent<\/h2>\n

    Testamentary intent is the intent to give instructions for what will happen to the testator\u2019s property when they die. Testamentary intent can be difficult to prove or disprove if someone contests the will, though it tends to go hand-in-hand with undue influence.<\/p>\n

    The Testator Needs to Possess Testamentary Capacity<\/h2>\n

    The testator must be of sound mind when the will is drafted and signed. Testators who are incapacitated\u2014perhaps due to a coma, chronic illness, senility, dementia, or Alzheimer\u2019s\u2014do not have the testamentary capacity to write a will. If someone contests a will due to a lack of testamentary capacity, the court will usually turn to the testator\u2019s physicians or psychologist to determine their mental state. Note that it doesn\u2019t matter if the testator is currently incapacitated, as long as they possessed testamentary capacity previously when the will was signed.<\/p>\n

    The Testator Cannot Be Unduly Influenced<\/h2>\n

    For obvious reasons, a will cannot be signed under undue influence. If the testator is under duress or subject to manipulation, a probate judge will invalidate the will. Unfortunately, cases of elder abuse where family members pressure an elderly parent to gift them assets in their will are not uncommon.<\/p>\n

    The Grantor Needs to Sign and Date the Will, or Direct Someone to Do It for Them<\/h2>\n

    While some states require the grantor sign their own will, the state of Arizona will allow someone to sign on behalf of the testator if they are unable to do it themselves. In such cases, the witnesses will need to attest that the will was signed by a proxy under the testator\u2019s direction. That said, wills signed by a proxy are certainly subject to contest in probate court. If the testator physically cannot sign the will, it may be wise to have the proxy sign for them in the presence of a notary public who can officially attest to the signature\u2019s validity.<\/p>\n

    The Will Needs to be Signed by Two Witnesses<\/h2>\n

    When the two witnesses<\/a> sign the will, they are attesting that the will has been drafted and signed by the testator under all of the previously discussed requirements. If anyone contests the will in probate court, the judge will call on the witnesses to testify to the will\u2019s validity.<\/p>\n

    The state of Arizona is one of the few states that allow interested witnesses\u2014that is, witnesses who are also listed as beneficiaries in the will. However, it\u2019s still generally a good idea to avoid the practice and choose two witnesses who have no beneficial interest in your estate.<\/p>\n

    What is a Self-proven Will?<\/h2>\n

    On the subject of witnesses, it\u2019s important to understand the difference witnessed wills and self-proved<\/a> wills. Witnessed wills are the standard practice, where the two witnesses sign in the presence of the testator. When the will is submitted to the county court for probate, a judge may ask the witnesses to appear in court and testify to the will\u2019s validity.<\/p>\n

    Self-proved wills avoid the hassle of a potential court appearance by having the witnesses and the testator sign the will in the presence of a notary public. A notarized will is far more likely to overcome contests in probate court and is the better route when possible. If you\u2019re drafting your will with the help of an attorney, there should be a secretary or other employee at the firm who is notarized to make this step easy.<\/p>\n

    Can a Will be Handwritten?<\/h2>\n

    Handwritten wills are referred to as \u201cholographic<\/a>\u201d wills. While some states do not allow handwritten wills, the state of Arizona accepts holographic wills as long as the signature and material provisions are in the testator\u2019s handwriting. Interestingly, holographic wills can be valid with or without witnesses.<\/p>\n

    Key Provisions in a Last Will and Testament<\/h2>\n

    Wills can be as specific or broad as necessary, but they generally have 3 core purposes:<\/p>\n