{"id":1028,"date":"2018-02-01T18:18:17","date_gmt":"2018-02-01T18:18:17","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/?page_id=1028"},"modified":"2022-09-01T17:46:09","modified_gmt":"2022-09-01T17:46:09","slug":"last-will-and-testament","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/blog\/last-will-and-testament\/","title":{"rendered":"Last Will and Testament in Arizona"},"content":{"rendered":"

Introduction<\/h2>\n

In the state of Arizona, wills and intestate succession are governed by ARS Title 14 Chapter 2<\/a>.<\/p>\n

Requirements of the Testator<\/h2>\n

An adult who is 18 or older and who possesses a sound mind can write a will (ARS 14-2501<\/a>). To be of sound mind, the person who is writing the will (the testator<\/a>) cannot be mentally incapacitated (disabled, comatose, senile, dementia, Alzheimer\u2019s, etc.). To protect against fraud, manipulation, and elder abuse, the testator cannot be subject to duress or undue influence. If any of these parameters are violated, a probate judge can invalidate the testator\u2019s will.<\/p>\n

Requirements of the Witnesses<\/h2>\n

The testator will need to sign their will in the presence of two witnesses. If the testator can\u2019t physically sign their will, they can direct a proxy to do so on their behalf. Some states don\u2019t allow beneficiaries of the will to serve as witnesses, but the state of Arizona allows the practice. That said, it\u2019s still a good idea to choose uninterested witnesses to sign the will if possible.<\/p>\n

When the will is submitted to probate court after the testator\u2019s death, a judge may call on the witnesses to appear in court and testify to the will\u2019s validity. If the will is signed by the testator and witnesses in the presence of a notary public, the need to testify is waived. Notarized wills are referred to as self-proved wills (see the form here<\/a>).<\/p>\n

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

Handwritten wills (known as holographic wills<\/a>) are acceptable in the state of Arizona. To validate the will, the court will need to verify that the signature and the material provisions in the will match the testator\u2019s handwriting. Interestingly, a holographic will is acceptable with or without witnesses.<\/p>\n

Last Will and Testament Format<\/h2>\n

While every will should be adapted to the testator\u2019s unique situation, most wills have the same core parts:<\/p>\n