Last Will And Testament requirements in Arizona
- You must be at least 18 years old or an emancipated minor.
- You must be of sound mind, understanding what you own and who your beneficiaries are.
- The will must be in writing (typed or printed).
- You must sign the will in the presence of two witnesses.
- Both witnesses must be at least 18 years old and should not be beneficiaries or heirs.
- Witnesses must sign the will in your presence and in each other's presence.
How to create a Last Will And Testament in Arizona
- List your assets and decide who you want to inherit them.
- Choose an executor (personal representative) to handle your estate.
- If you have minor children, name a guardian for them.
- Write your will using a reliable template or consult an attorney.
- Sign your will in front of two witnesses who are not beneficiaries.
- Store your will safely and tell your executor where it is. You may file it with the court in your county for safekeeping (optional).
What a Last Will And Testament typically costs
The cost of making a last will and testament in Arizona varies. Using an online template can cost between $20 and $100, while hiring an attorney typically ranges from $300 to $1,000 or more, depending on complexity. Remember, a small investment now can save your family significant time and money later.
Ready to create your Arizona last will and testament? Start using our easy-to-follow template today!
Create your last will and testamentBefore You Start: AZ Will Checklist
Gather these essentials and understand Arizona's rules before you draft your will. This makes the process faster and helps you avoid common estate planning mistakes.
- Decide who will be your Personal Representative (executor) and a backup; Arizona requires they be at least 18 and of sound mind.
- Identify beneficiaries for your assets and consider contingencies if they pass before you.
- List your major assets and debts to understand your estate's scope (real estate, bank accounts, retirement, etc.).
- Know that Arizona does not require notarization for a valid will, but witness signatures are mandatory (usually two witnesses must sign in your presence).
- Avoid common pitfalls: don't leave handwritten changes; keep the original signed will in a safe place and tell someone where it is.
- If you have a living trust, remember to fund it—a will only covers assets in your name alone.
Frequently asked questions
Do I need to notarize my will in Arizona?
No, Arizona does not require notarization for a will, but you can add a self-proving affidavit, which is notarized. This helps the will be accepted by the probate court more quickly.
Can I write my will by hand in Arizona?
Arizona recognizes holographic (handwritten) wills if they are entirely in your handwriting and signed. They do not need witnesses, but they can be more easily challenged, so it’s best to have a typed will with witnesses.
What happens if I die without a will in Arizona?
If you die intestate (without a will), Arizona's laws of succession determine who inherits your property, usually your spouse and children. The process can be more complicated and may not reflect your wishes.
Can I include a living will in my last will and testament?
No, a living will (advance directive for healthcare) is separate from a last will and testament, which addresses property distribution. You should have both to cover all your wishes.