{"id":1349,"date":"2019-04-11T19:54:44","date_gmt":"2019-04-11T19:54:44","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/?p=1349"},"modified":"2024-02-18T20:28:35","modified_gmt":"2024-02-18T20:28:35","slug":"do-wills-need-to-be-notarized-in-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-estate-planning\/blog\/do-wills-need-to-be-notarized-in-arizona\/","title":{"rendered":"Do Wills Need To Be Notarized in Arizona?"},"content":{"rendered":"
Arizona is one of 18 states that have adopted the Uniform Probate Code (UPC), a set of uniform guidelines that are intended to simplify probate by standardizing probate proceedings across state lines. Under the UPC, the state of Arizona does not require notarized wills.<\/p>\n
In Arizona, the standards set forth in the UPC are codified in Arizona Revised Statutes Title 14 (Title 14<\/a>). Title 14 also regulates trusts, estates, and protective proceedings. According to Title 14, there are 6 primary requirements for a valid will:<\/p>\n Additionally, the will that is submitted to probate court must be the decedent\u2019s last will and testament, meaning it constitutes the decedent\u2019s final and most recent version of the will. Any versions of the will dated before the last will and testament are considered invalid, though the court may consider these documents if any portions of the current will are invalidated.<\/p>\n If a probate judge or clerk determines that a decedent\u2019s will doesn\u2019t satisfy one or more of these requirements, the will may be invalidated by the court. Depending on the situation, the court can invalidate parts of the will that are impacted by the discrepancies, or the court can invalidate the entire will.<\/p>\n ARS 14-2501 includes two provisions regarding witnesses to a will:<\/p>\n There is one notable exception to Arizona\u2019s witness requirements, and that\u2019s handwritten wills (legally referred to as holographic wills<\/a>). While many states do not accept holographic wills, Arizona accepts handwritten wills as long as the signature and material provisions of the will match the testator\u2019s handwriting. Interestingly, a holographic will doesn\u2019t need to be signed by any witnesses.<\/p>\n Although Arizona wills do not need to be notarized, the state does provide an incentive to have your will notarized. If the testator and the witnesses sign in the presence of a notary public and have the will notarized, the will becomes a self-proven will, and qualifies for expedited authentication when the document is submitted to probate court. The court will not need to summon the witnesses to court to authenticate the will, as the notary public\u2019s authentication of the signatures is legally acceptable.<\/p>\n A last will and testament is intended to set forth an individual\u2019s final wishes for his or her estate. While a will can include a variety of directions, there are four core provisions that every will should include:<\/p>\n\n
Witness Requirements<\/h2>\n
\n
Holographic Wills<\/h2>\n
Self-proved Wills<\/h2>\n
What is the Purpose of a Will?<\/h2>\n
\n
What Happens if You Die Without a Will?<\/h2>\n