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Arizona Last Will and Testament

Arizona requires 2 witnesses for a valid will and also recognizes handwritten (holographic) wills. Make a free will template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property and names the person, called the personal representative (sometimes called an executor), who will administer your estate after you die. It can also name a guardian for your minor children. In Arizona, a written will is valid under A.R.S. Section 14-2502 if the testator signs it (or directs someone else to sign in the testator's conscious presence) and at least two witnesses sign within a reasonable time after witnessing the signing or the testator's acknowledgment of it. Since October 1, 2019, A.R.S. Section 14-2505 bars a devisee, or anyone related to a devisee by blood, marriage, or adoption, from acting as a witness unless the will is made self-proved. Arizona also lets you attach a self-proving affidavit under A.R.S. Section 14-2504, a sworn statement signed before a notary that lets the will skip live witness testimony in probate; the affidavit is the only part of the process that needs a notary, since the will itself is proved by witnesses. Arizona additionally recognizes a holographic (handwritten, unwitnessed) will under A.R.S. Section 14-2503 if the signature and the material provisions are in the testator's own handwriting. You must be at least 18 years old and of sound mind under A.R.S. Section 14-2501. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and names the personal representative who will administer your estate after you die. It can also name a guardian for minor children.

  2. 2

    Arizona requires two witnesses. Under A.R.S. Section 14-2502 the testator signs (or directs someone else to sign in the testator's conscious presence) and at least two witnesses sign within a reasonable time after witnessing that signing or the testator's acknowledgment of it.

  3. 3

    A devisee generally cannot be a witness. A.R.S. Section 14-2505 bars a devisee under the will, or a person related to a devisee by blood, marriage, or adoption, from acting as a witness on any will executed on or after October 1, 2019, unless the will is made self-proved. Do not use a beneficiary or their close relative as a witness.

  4. 4

    A self-proving affidavit is available and needs a notary. Under A.R.S. Section 14-2504, the testator and witnesses can sign a sworn affidavit before an officer authorized to administer oaths, such as a notary public, so the will can be admitted to probate without locating the witnesses later.

  5. 5

    The will itself does not need a notary. Arizona's execution formality is two witnesses, not notarization (A.R.S. Section 14-2502). A notary is used only for the optional self-proving affidavit, never to make the will itself valid.

  6. 6

    Handwritten (holographic) wills are recognized. A.R.S. Section 14-2503 makes a will valid, whether or not witnessed, if the signature and the material provisions are in the testator's own handwriting.

  7. 7

    You must be 18 and of sound mind, and you can revoke a will later. A.R.S. Section 14-2501 sets the minimum age at 18 with sound-mind capacity. A.R.S. Section 14-2507 lets you revoke by a later will or by a revocatory act (burning, tearing, canceling, or destroying it with intent to revoke), and A.R.S. Section 14-2804 revokes gifts to a former spouse on divorce.

Key decisions before you file

Before you file a Last Will and Testament in Arizona, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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ARIZONA LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Arizona, being at least eighteen years of age and of sound mind, declare this to be my Last Will and Testament (my will), and I revoke all prior wills and codicils that I have made.

  2. APPOINTMENT OF PERSONAL REPRESENTATIVE I appoint [NAME] as personal representative (also called an executor) of my estate. If that person is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative. My personal representative shall have all powers allowed under Arizona law to gather my assets, pay my debts and taxes, and distribute my estate under this will.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests here, describing each item or amount and the beneficiary who receives it.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, not otherwise disposed of by this will, to [RESIDUARY BENEFICIARY NAME], or if that person does not survive me, to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION This will was signed by me, the testator, on the date below. Under A.R.S. Section 14-2502, at least two witnesses must sign within a reasonable time after witnessing my signing of this will or my acknowledgment of my signature or of the will. A devisee under this will, or a person related to a devisee by blood, marriage, or adoption, should not act as a witness unless this will is made self-proved (A.R.S. Section 14-2505).

Signed: _____________________________ Date: [DATE] [TESTATOR NAME], Testator

We, the undersigned witnesses, each sign below within a reasonable time after witnessing the testator's signing of this will or the testator's acknowledgment of the signature or the will, as required by A.R.S. Section 14-2502.

Witness 1: _____________________________ Date: [DATE] Print Name: [WITNESS 1 NAME] Address: [ADDRESS]

Witness 2: _____________________________ Date: [DATE] Print Name: [WITNESS 2 NAME] Address: [ADDRESS]

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Arizona lets you make this will self-proved under A.R.S. Section 14-2504 by signing this affidavit before a notary public along with your witnesses, so the will can be admitted to probate without locating the witnesses later. This is the only part of executing an Arizona will that requires a notary.

State of Arizona, County of [COUNTY] We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being sworn, state that the testator signed this will and declared it to be the testator's will in the presence of the witnesses, that each witness signed at the testator's request and in the testator's presence, and that the testator was eighteen years of age or older and of sound mind, all as required by A.R.S. Section 14-2502.

_____________________________ (Testator) _____________________________ (Witness 1) _____________________________ (Witness 2)

Subscribed and sworn before me on [DATE].

Notary Public, Arizona

Note: This will is governed by A.R.S. Section 14-2501 et seq. Do not use a beneficiary or a beneficiary's close relative as a witness, since A.R.S. Section 14-2505 bars an interested witness on a will executed on or after October 1, 2019 unless the will is self-proved. This is an Arizona will skeleton. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Arizona in about a minute, and notarize it online through DocDraft if it does.

Arizona Requirements for Last Will and Testament

Sign With Two Witnesses

Arizona requires the testator to sign the will (or direct someone else to sign in the testator's conscious presence) and at least two witnesses to sign within a reasonable time after witnessing the signing or the testator's acknowledgment of the signature or the will, per A.R.S. Section 14-2502.

Devisees May Not Serve as Witnesses

For any will executed on or after October 1, 2019, A.R.S. Section 14-2505 bars a devisee under the will, or a person related to a devisee by blood, marriage, or adoption, from acting as a witness unless the will is made self-proved under A.R.S. Section 14-2504 or 14-2519.

Add a Self-Proving Affidavit (Optional, Needs a Notary)

Under A.R.S. Section 14-2504, the testator and witnesses can sign a sworn affidavit before a notary or other officer authorized to administer oaths, letting the will be admitted to probate without live witness testimony. This affidavit is optional and is the only step that requires a notary.

Handwritten (Holographic) Wills Are Valid

A.R.S. Section 14-2503 recognizes a holographic will, valid whether or not witnessed, if the signature and the material provisions are in the testator's own handwriting.

No Notary Required for the Will Itself

Arizona proves a standard written will through two witnesses under A.R.S. Section 14-2502, not a notary. A notary is used only for the optional self-proving affidavit under A.R.S. Section 14-2504, never to validate the will itself.

Minimum Age and Sound Mind

A.R.S. Section 14-2501 requires the testator to be at least eighteen years of age and of sound mind to make a valid will.

Revoke by a New Will or a Revocatory Act

A.R.S. Section 14-2507 lets a testator revoke a will by executing a later will that revokes it expressly or by inconsistency, or by performing a revocatory act, such as burning, tearing, canceling, obliterating, or destroying the will, with intent to revoke, done by the testator or by another in the testator's conscious presence and at the testator's direction.

Divorce Revokes Gifts to a Former Spouse

A.R.S. Section 14-2804 automatically revokes probate and nonprobate provisions in favor of a former spouse after divorce or annulment, unless the will or governing instrument provides otherwise.

Does your Last Will and Testament need to be notarized in Arizona?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Arizona requires two witnesses. Under A.R.S. Section 14-2502, the testator signs the will (or directs someone else to sign in the testator's conscious presence), and at least two witnesses must sign within a reasonable time after witnessing that signing or the testator's acknowledgment of the signature or the will. A devisee, or anyone related to a devisee by blood, marriage, or adoption, generally cannot serve as one of those witnesses unless the will is made self-proved (A.R.S. Section 14-2505).

No, not to be valid. An Arizona will is proved by two witnesses under A.R.S. Section 14-2502, not by a notary. A notary comes into play only if you choose to attach a self-proving affidavit under A.R.S. Section 14-2504, a sworn statement signed by the testator and witnesses before a notary that lets the will skip live witness testimony in probate. The affidavit is optional; the will can be valid without it.

Yes. Arizona recognizes holographic wills. Under A.R.S. Section 14-2503, a will that does not comply with the standard two-witness formality is still valid, whether or not witnessed, if the signature and the material provisions are in the testator's own handwriting.

Put your wishes in writing, sign the document (or direct someone else to sign it in your conscious presence), and have at least two witnesses sign within a reasonable time after watching you sign or acknowledge the will, per A.R.S. Section 14-2502. Avoid using a devisee or their close relative as a witness (A.R.S. Section 14-2505). You can also add a notarized self-proving affidavit under A.R.S. Section 14-2504. Attorney review is available as an option.

A valid Arizona will is a writing signed by a testator who is at least 18 and of sound mind (A.R.S. Section 14-2501), signed or acknowledged by the testator, and signed by at least two qualifying witnesses within a reasonable time (A.R.S. Section 14-2502). A holographic will is also valid without witnesses if the signature and material provisions are in the testator's handwriting (A.R.S. Section 14-2503).

A self-proving affidavit is a sworn statement, signed by the testator and witnesses before a notary or other officer authorized to administer oaths, that is attached to the will under A.R.S. Section 14-2504. It lets a probate court accept the will as validly executed without tracking down the witnesses to testify. It is optional and is the only part of an Arizona will's execution that involves a notary.

You must be at least 18 years old and of sound mind to make a will in Arizona, under A.R.S. Section 14-2501. Sound mind generally means you understand that you are making a will, understand the nature and extent of your property, and know the natural objects of your bounty, such as close family.

Under A.R.S. Section 14-2507, you can revoke an Arizona will by executing a later will that revokes it expressly or by inconsistency, or by performing a revocatory act, such as burning, tearing, canceling, obliterating, or destroying it, with intent to revoke, done by you or by someone else in your conscious presence and at your direction. A.R.S. Section 14-2804 also automatically revokes provisions in favor of a former spouse after divorce or annulment.