How do I make a valid will in Arizona?

Question

Accepted Answer

Arizona wills are governed by A.R.S. Title 14 (Trusts, Estates, and Protective Proceedings — Arizona's version of the UPC).

1. Testator Requirements

Age: 18 or older (A.R.S. § 14-2501).

Capacity: Sound mind.

2. Witness Requirements — Attested Will (A.R.S. § 14-2502)

In writing.

Signed by the testator (or by another in the testator's conscious presence and by the testator's direction).

Signed by at least 2 people, each of whom signed within a reasonable time after witnessing the signing or acknowledgment.

3. Notarization

Not required for validity. A self-proving affidavit under A.R.S. § 14-2504 makes the will self-proved.

4. Holographic Wills (A.R.S. § 14-2503)

Valid if signed by the testator and material provisions are in the testator's handwriting. No witnesses required. Date is not strictly required but helps establish capacity.

5. Electronic Wills

Arizona recognizes electronic wills under A.R.S. § 14-2518 — must be executed in compliance with statute and stored by a qualified custodian.

6. Community Property State

Arizona is a community property state. A will controls separate property and the testator's half of community property.

7. Interested Witnesses

Arizona abolished the interested-witness rule (A.R.S. § 14-2505) — a beneficiary may witness without forfeiting the gift.

8. Intestacy (No Will)

A.R.S. § 14-2102: Spouse + descendants all of the marriage — spouse takes all separate property and all community property. Spouse + descendants from outside the marriage — spouse takes 1/2 separate property and the testator's 1/2 community property, with descendants taking the other 1/2 separate.

9. Small Estate Threshold

Arizona's small estate affidavit (A.R.S. § 14-3971) is available for personal property up to $75,000 and real property up to $100,000 (after waiting 30 days for personal property and 6 months for real property).

10. Beneficiary Deed

A.R.S. § 33-405 allows a beneficiary deed for real estate, transferring on death without probate.

This is legal information, not legal advice.