Your Guide to Wills in Arizona
Set your wishes in writing, choose who is in charge, and keep the process smooth for your family.
This guide explains what a will is, how it works in Arizona, and the choices you will make along the way. Any adult of sound mind can make a will, and the statutes set the signing basics for paper and handwritten wills A.R.S. § 14-2501 § 14-2502.
In This Guide
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Wills 101
What a will does and what it does not
Types of Wills
Simple, pour-over, holographic, electronic, codicils
AZ Facts and History
Modern rules, electronic wills, quick state notes
Glossary
Plain-English definitions you can use
Free Workshops
Find an upcoming estate-planning workshop and learn about wills, trusts, and other key documents
Wills in Arizona: What They Are and Why They Matter
A will is your written playbook for who gets what, who’s in charge, and how your affairs wrap up under Arizona law.
Plain-English Definition
A will is a signed document that directs what happens to your property after death and names the personal representative who carries out those instructions. In Arizona, any adult of sound mind can make a will A.R.S. § 14-2501.
What a Will Actually Controls
- Your beneficiaries: who receives your probate property and on what terms.
- Your personal representative: the person who settles the estate and signs off on paperwork.
- Backup plans: alternates for beneficiaries and fiduciaries, plus simple instructions for special items.
What a Will Does Not Control
Some assets transfer outside the will. Think beneficiary-designated accounts, transfer-on-death deeds, and jointly owned property with right of survivorship. The will handles the rest that passes through probate. A choice-of-law rule can validate a will executed elsewhere if it complied with the law where signed or where you were domiciled A.R.S. § 14-2506.
Execution Basics in Arizona
To be valid, a paper will must be in writing, signed by you, and signed by two witnesses within a reasonable time after they see you sign or acknowledge the will A.R.S. § 14-2502. Arizona also recognizes a handwritten or “holographic” will if the signature and material provisions are in your handwriting A.R.S. § 14-2503.
You can make a will “self-proved” with a notary so the court can accept it without having to locate witnesses later A.R.S. § 14-2504. Witness eligibility has rules too, especially for wills signed on or after October 1, 2019 A.R.S. § 14-2505.
Changing or Revoking Your Will
You can revoke a will by signing a new one that conflicts with or expressly revokes the old one, or by a revocatory act like tearing or destroying it with intent to revoke A.R.S. § 14-2507.
Paper vs Electronic Wills in Arizona
Arizona permits electronic wills if they meet specific signing and custody requirements, including two qualifying witnesses and compliance with the electronic-will statute A.R.S. § 14-2518. An electronic will can also be self-proved if it satisfies added notary and custody rules A.R.S. § 14-2519.
Why Use a Will At All
- Clarity: you pick the people and the plan, not default intestacy rules.
- Speed: clean documents reduce court questions and delays.
- Control: you name the personal representative and backups so the right person is in charge.
Types of Wills and the Key Choices You’ll Make
Pick the right format, name the right people, and keep your plan consistent across every account you own.
Common Will Types in Arizona
Most Arizonans use one of these formats. Your goals drive the choice, the law supplies the rules.
- Simple Will: a witnessed will that names beneficiaries and a personal representative.
- Pour-Over Will: funnels any leftover probate assets into your living trust.
- Holographic Will: handwritten by you and valid if key parts are in your handwriting.
- Self-Proved Will: a witnessed will with a notary affidavit to streamline probate.
- Electronic Will: a digital will that meets strict signing, witness, and custody rules.
- Codicil: a formal amendment to an existing will.
Simple Will
The classic choice for clear gifts and a named personal representative.
A simple will sets beneficiaries, appoints a personal representative, and gives instructions a court can follow. It works well when you do not need trust-level management during incapacity or after death.
More about Simple Wills
Basics and execution
- Paper will needs your signature and two witnesses who sign within a reasonable time after you sign or acknowledge the will A.R.S. § 14-2502.
- You can add a self-proving affidavit so the court can accept the will without locating witnesses A.R.S. § 14-2504.
When it fits
- You want straightforward distributions and a named decision maker.
- You are fine with probate and do not need ongoing trust management.
Pour-Over Will
Safety net for assets that miss the trust during life.
A pour-over will works with your revocable living trust. Anything still in your name at death moves into the trust so your trustee can follow one set of instructions.
More about Pour-Over Wills
Why use it
- Keeps your plan unified under the trust you can amend.
- Arizona recognizes pour-overs to an existing or later amended trust A.R.S. § 14-6101.
Notes
- Assets may still pass through probate before the pour-over happens.
- Use proper will execution and consider self-proving for smoother processing.
Holographic Will
Handwritten, quick to create, and easy to get wrong.
Arizona accepts a handwritten will if your signature and the material provisions are in your handwriting. It can help in a pinch, yet clarity and completeness matter.
More about Holographic Wills
Statutory rule
Signature and material provisions must be in your handwriting to be valid A.R.S. § 14-2503.
Practical cautions
- Ambiguity can trigger disputes.
- Harder to self-prove, which can slow probate.
Self-Proved Will
A witnessed will with an affidavit that speeds court acceptance.
Self-proving attaches a notary affidavit signed by you and both witnesses. The probate court can accept the will without calling the witnesses later.
More about Self-Proved Wills
How to self-prove
- Use the statutory affidavit language and sign before a notary with both witnesses A.R.S. § 14-2504.
- Keep the will and affidavit together, with clear originals.
Why it helps
- Cuts evidentiary steps in court, which can reduce delays.
Electronic Will
Digital execution that follows strict witness and custody rules.
Arizona permits electronic wills if you meet the statute for witnesses, signatures, and secure electronic custody. Some platforms also support electronic self-proving.
More about Electronic Wills
Key requirements
- Two qualified witnesses and compliant electronic custody.
- Optional electronic self-proving when additional criteria are met A.R.S. § 14-2518 § 14-2519.
When to use
- You prefer a digital workflow and can satisfy custody requirements.
- In-person signing is impractical and the platform is Arizona compliant.
Codicil
A formal amendment for targeted updates to an existing will.
A codicil can change a name, add a gift, or update a personal representative without rewriting the entire will. It must follow the same execution rules as a will.
More about Codicils
Rules and tips
- Meet the standard will execution requirements, including witnesses A.R.S. § 14-2502.
- If you have several changes, a full restatement is often cleaner than stacking multiple codicils.
About joint or mirror wills and will contracts
Spouses often sign similar wills that mirror each other. A joint will or mutual promises do not create a binding contract to keep a will unless you meet the statute on contracts concerning succession A.R.S. § 14-2514.
Your Key Planning Choices
Decide who is in charge, who receives what, and how to backstop the plan if someone cannot serve or inherit.
- Personal Representative: pick someone organized and responsive, then name backups.
- Guardians for minor children: nominate the people you trust for care and values.
- Specific gifts vs residue: list special items or amounts, then say who receives the rest.
- Backup beneficiaries: add alternates and specify per stirpes or per capita treatment.
- Coordinate with non-probate transfers: align beneficiary forms and account titling so nothing conflicts with your will.
Signing Rules That Shape Your Choices
Arizona expects a clear writing, your signature, and qualified witnesses. A self-proving affidavit can speed acceptance, and Arizona often honors a will valid where it was signed. Keep originals safe and legible.
More on execution and proof
- Paper will basics, your signature plus two witnesses who sign within a reasonable time after you sign or acknowledge the will A.R.S. § 14-2502.
- Self-proving option with a notary affidavit A.R.S. § 14-2504.
- Choice of law for wills signed elsewhere can validate the document here A.R.S. § 14-2506.
Wills: A Short History and Arizona Facts You Might Not Know
Wills have evolved from rigid feudal rules to practical tools for expressing personal wishes, and Arizona adds modern options many people overlook.
From feudal land to personal choice
In medieval England, wills and testaments were separate documents. Customs limited land transfers; only purchased land could be devised, while movable goods were handled under church courts. England’s Statute of Wills (1540) let landowners freely devise much of their land. By 1660, most land could be transferred by will, and the line between wills and testaments blurred. Colonies adopted English inheritance law, enacted statutes to probate wills, and rejected primogeniture so daughters and younger sons could inherit. After independence, states codified and modified common law. Western territories like Arizona entered the Union as community property states, and wives automatically received half of community property.
Statewide simplification
Each state sets its own probate and execution rules. Legislatures have simplified probate and clarified formalities over time. Arizona’s statutes spell out how to execute wills on paper or electronically, requiring clear signatures, witnesses, and dates. The aim is a process courts can apply consistently while still honoring personal intent.
Why this matters today
Intent versus formalities
Modern law strives to honor your wishes while applying consistent rules. Arizona usually requires the testator and two witnesses to sign the will. Flexibility exists: self‑proving affidavits can remove the need to locate witnesses, handwritten wills are accepted if the signature and material provisions are handwritten, and separate property lists allow small gift updates without revising the entire will.
Two common pitfalls
- Partial compliance. Missing a signature or witness can invalidate a will. Electronic wills must include the testator’s signature and signatures of two witnesses who are physically or electronically present. Holographic wills must have the signature and material provisions in the testator’s handwriting.
- Outdated terms. Life events such as marriage, divorce, or beneficiary changes can render a valid will out of date. Community property and beneficiary designations may override outdated provisions, so periodic reviews are essential.
How Arizona turns policy into practice
- Electronic options. Arizona recognizes electronic wills that are stored as an electronic record, signed electronically, and witnessed by two people who are physically or electronically present within the United States. The will must also include the execution date and a copy of the testator’s current government ID. See A.R.S. § 14‑2518.
- Simple updates for keepsakes. You may refer in your will to a written list for tangible personal property. The list can be handwritten or signed by you and updated at any time. See A.R.S. § 14‑2513.
- Self‑proving affidavits. A notarized affidavit signed by the testator and witnesses can make a will self‑proved. This typically means the probate court does not need to call witnesses. See A.R.S. § 14‑2504.
- Handwritten wills in emergencies. A holographic will is valid if your signature and the material provisions are in your handwriting. Use this option only when necessary, since clarity and storage can be issues. See A.R.S. § 14‑2503.
Practical takeaway
Write your will with Arizona’s formalities in mind, use a self‑proving affidavit to streamline probate, keep a separate list for small gifts, update beneficiary designations, and revisit your documents when life changes.
Arizona facts you might not know
- Electronic wills are recognized. Two witnesses and proper electronic recordkeeping are required. See A.R.S. § 14‑2518.
- A separate written list for tangible items. You can gift specific items like jewelry or tools without amending your will. See A.R.S. § 14‑2513.
- Out‑of‑state wills can still be valid. A paper or electronic will executed elsewhere is valid in Arizona if it meets the law where it was executed or where you were domiciled when you signed it or at death. See A.R.S. § 14‑2506.
Good to know
Self‑proving your will
A short notarized affidavit can make a will self‑proved. Ask your notary to use the form that matches Arizona’s language.
Why it helps
- Speeds up routine probate because the court usually does not need to track down witnesses.
- Reduces delays if a witness moved or cannot be located.
Handwritten wills in a pinch
Arizona accepts a holographic (handwritten) will if your signature and material provisions are in your handwriting. Use this option only when necessary, since clarity and storage can be problematic.
Coordinating with non‑probate assets
- Beneficiary designations. Bank accounts with “pay on death” beneficiaries, joint checking or investment accounts, vehicles with a second person on the title, and life insurance with a named beneficiary all pass outside probate. Update those beneficiary forms regularly.
- Titled property. If you hold real estate with your spouse as community property with right of survivorship, the property automatically goes to the surviving spouse. See A.R.S. § 33‑431.
When to revisit your will
- Marriage, divorce, birth, or adoption.
- Buying or selling a home or business.
- Significant changes in savings, debts, or beneficiaries’ needs.
Wills Glossary (Arizona)
Plain-English definitions of will terms you will see in Arizona, with light citations to official sources where helpful.
Will
A signed document that directs what happens to your property after death and names who is in charge. Any adult of sound mind can make one in Arizona A.R.S. § 14-2501.
Testator
The person who makes and signs the will.
Personal Representative
The person the court authorizes to administer the estate, sometimes called an executor in other states. Arizona uses “personal representative.”
Beneficiary
A person or charity who receives property under the will or other transfer document.
Devise
A gift in a will. A person who receives a gift under a will is a devisee.
Residuary Estate
Everything left after paying debts, expenses, and specific gifts. Often divided by percentages among primary beneficiaries.
Holographic Will
A handwritten will that is valid if the signature and the material provisions are in the testator’s handwriting A.R.S. § 14-2503.
Self-Proved Will
A will with an attached notary affidavit signed by the testator and both witnesses, which lets the court accept the will without locating the witnesses later A.R.S. § 14-2504.
Electronic Will
A will that exists in electronic form, signed with required witnesses and kept under compliant electronic custody rules. It may also be self-proved electronically § 14-2518 § 14-2519.
Witnesses
Two people who sign within a reasonable time after seeing the testator sign or acknowledge the will. Eligibility rules apply § 14-2502 § 14-2505.
Codicil
A formal amendment to a will. It must be executed with the same formalities as a will A.R.S. § 14-2502.
Pour-Over Will
A will that transfers remaining probate assets into a living trust at death so the trustee can follow one plan. Arizona recognizes pour-overs to a trust you can amend A.R.S. § 14-6101.
Separate Written List
A signed or handwritten list you can reference in your will to dispose of specific tangible items, such as jewelry or tools, without changing the will itself A.R.S. § 14-2513.
Per Stirpes
A distribution method where a deceased beneficiary’s share passes down to that person’s descendants by family branch.
Per Capita
A distribution method where a deceased beneficiary’s share is redivided among the remaining living beneficiaries at the same level.
Intestate
When someone dies without a valid will. Property passes by Arizona’s default succession rules A.R.S. § 14-2101.
Revocation
Canceling a will by signing a new one that revokes the prior will, or by a revocatory act done with intent to revoke, such as tearing or destroying it A.R.S. § 14-2507.
Community Property
Most property acquired during marriage belongs to both spouses. Your will controls your half and your separate property. See general community property rules in Title 25 A.R.S. § 25-211.
Foreign Will
A will signed outside Arizona. It is valid for execution here if it complied with the law of the place where it was signed or where you were domiciled A.R.S. § 14-2506.
Learn About Estate Planning at One of Our Upcoming Local Workshops
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