State requirements
Making a will in Arizona
Arizona requires 2 adult witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
Arizona adopted the Uniform Probate Code (UPC), making its will execution requirements relatively flexible. Arizona recognizes holographic wills and is one of the pioneering states for electronic wills. Arizona is a community property state.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | A.R.S. § 14-2501 | 18+ and of sound mind |
| Execution Requirements | A.R.S. § 14-2502 | Written, signed, 2 witnesses |
| Holographic Wills | A.R.S. § 14-2502(B) | Material portions in testator's handwriting |
| Electronic Wills | A.R.S. § 14-2518 | E-wills valid with specific requirements |
| Self-Proving | A.R.S. § 14-2504 | Available with affidavit |
| Community Property | A.R.S. § 25-211 | Marital property rules |
Execution Requirements
Arizona Will Formalities
ARIZONA WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator (or by another at testator's direction in testator's presence)
✓ Signed by 2 or more witnesses within reasonable time
✓ Witnesses need NOT sign in testator's presence (UPC rule)
HOLOGRAPHIC WILLS:
✓ Material portions in testator's handwriting
✓ Signed by testator
✓ NO witnesses required
ELECTRONIC WILLS:
✓ Created and maintained in electronic form
✓ Contains electronic signature of testator
✓ Witnessed by 2 persons (may be remote)
Community Property State
Arizona Community Property Rules
ARIZONA COMMUNITY PROPERTY:
- Property acquired during marriage is community property
- Each spouse owns 50% of community property
- Testator can only dispose of their 50% share
- Separate property (before marriage, gifts, inheritance) freely disposable
PLANNING IMPLICATIONS:
✓ Identify community vs. separate property
✓ Only dispose of your share of community property
✓ Spouse retains their 50% regardless of will
Self-Proving Affidavit
Arizona allows self-proving affidavits under A.R.S. § 14-2504, eliminating need for witness testimony at probate.
Spousal Rights
ARIZONA SPOUSAL PROTECTIONS:
- Spouse's 50% of community property is protected
- Allowance in lieu of homestead
- Exempt property allowance
- Family allowance during administration
- NO traditional elective share (community property provides protection)
Checklist for Arizona Wills
Execution
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written (or electronic per statute)
- •[ ] Testator signed
- •[ ] 2 witnesses signed within reasonable time
- •[ ] Self-proving affidavit completed (recommended)
- •[ ] OR: Holographic will in testator's handwriting and signed
Content
- •[ ] Community property properly identified
- •[ ] Only disposing of testator's share of community property
- •[ ] Separate property identified
- •[ ] Executor named with bond waiver
Arizona will questions, answered
Can I make a will online in Arizona?
Yes. Arizona does not require a lawyer to draft a will. A will created online is valid in Arizona when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Arizona?
Arizona requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Arizona require a will to be notarized?
No. Witnesses make a will valid in Arizona, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Arizona?
Yes, Arizona recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in Arizona?
A valid Arizona will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses. Note: Arizona is a community property state.
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Start my will — $29This page is general information about Arizona law, not legal advice. Statutes change — verify current requirements or consult a licensed Arizona attorney for complex situations.