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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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