What makes a will valid in Arizona?
10 Mar What Makes a Will Valid in Arizona?
Posted at 11:22h
Wills
to work, make sure it is legally effective. Each state has different laws regarding legal wills. For example, electronic wills may only be allowed in certain states. Let’s look at what makes a valid will in Arizona.
The Legal Requirements for Wills in Arizona
Whether your will is handwritten, electronic, or printed, there are three basic rules that all wills must follow.
- The testator must be at least 18 years old and of sound mind.
- The will must be in writing and signed in the testator’s own hand.
- The will must be signed by two eligible witnesses.
This all sounds very simple, however, mistakes like choosing the wrong witnesses could render your entire will invalid. In Arizona, witnesses cannot be related to the testator or anyone else named in the will. You must choose impartial witnesses, such as your lawyer or a notary public. You must choose
impartial witnesses
, like your lawyer or a notary public.Out-of-State WillsWills that are drafted and witnessed in other states can still be valid in Arizona, as long as they meet the requirements set by Arizona law. The witnesses may be required to appear in court unless the will is self-proving with a notarized statement. This can cause difficulties and delays, so if you recently moved to Arizona from
another state
, it’s a good idea to draft a new will.Handwritten WillsOne of the possible advantages of a
handwritten will is that witnesses are not required. The only requirement is that the document be signed and written in the testator’s own hand. Although they are accepted by state law, it is much more difficult to prove a valid handwritten will. The court may have to consult a handwriting expert in order to confirm the validity of the will. Because handwritten wills in Arizona are accepted, handwritten amendments
can be made. All changes must be signed and written by the testator. The testator must be of sound mind, and make the changes on their own accord. Handwritten wills and handwritten changes to a will can be contested in court–it will be up to the judge to decide if the will is valid or not.
Electronic WillsArizona is one of ten states that permits electronic wills. Arizona is one of ten states that allow electronic wills. The witnesses can either be physically present or virtually present when the will is signed. They must, however, be in the United States. All signatures should be dated. An electronic will must also include a copy of the testator’s government-issued ID (like a drivers license or passport) according to this Arizona law
.
A note of caution: Using AI to write your will is a very risky venture. AI is known for making mistakes because its information isn’t always accurate or up-to-date. It can even “hallucinate
” and invent an answer that’s not factually based at all. Consult an estate planning attorney to ensure that your will is valid. Phelps LaClair is happy to help you if you need assistance in writing a will. When it comes to legal issues like preparing a Will, it is always best to seek out professional guidance. Phelps LaClair’s team can provide you with detailed advice on what to include and exclude in your will. They can also advise you on how to keep your assets from going through probate. Contact us today to
schedule an appointment to ensure that your will is valid and that you have accounted for your entire estate. Photo by Romain Dancre
on
Unsplash used with permission under the Creative Commons license for commercial use 2/26/25.
