Arizona Last Will and Testament: Requirements, Process, and Common Questions

Quick answer

Arizona wills are governed primarily by A.R.S. §§ 14-2501 through 14-2517. A typed will is usually valid when it is signed by the testator and witnessed by two qualified witnesses, although Arizona also recognizes some handwritten holographic wills.

Key facts about Arizona wills

• You must generally be at least 18 and of sound mind to create a valid will in Arizona.
• A will can direct property transfers after death, but it does not control every asset because beneficiary designations and joint ownership may pass outside probate.
• A power of attorney ends at death, so it cannot replace a will for estate distribution purposes.
• Arizona recognizes holographic wills if the signature and material provisions are in the testator’s handwriting.

How to make an Arizona will

• List your property and intended beneficiaries — Make a clear list of the property you want covered by the will and the people or organizations who should receive it.
• Choose a personal representative — Name the adult you want the probate court to appoint to gather property, pay debts, and distribute the estate.
• Sign with the right witnesses — Typed wills should be signed in front of two witnesses who are old enough and can later confirm that you appeared to sign voluntarily.
• Store the original safely — Keep the original will in a place your personal representative can access after your death and tell that person where it is kept.

Frequently asked questions

• Do I need a lawyer to make a will in Arizona? — No. You can create a valid will yourself if you follow the statutory requirements. However, for complex estates (business interests, blended families, real property in multiple states), consulting a lawyer helps avoid costly mistakes.
• Can I disinherit my spouse in Arizona? — Not entirely. Under Arizona's community property laws, your spouse owns half of all community property regardless of what your will says. You can only dispose of your half. You can disinherit your spouse from your separate property.
• Can I disinherit my children? — Yes, but you should do so explicitly in the will. If a child is not mentioned at all, Arizona law presumes the omission was unintentional and the child may claim a share under the omitted child statute (A.R.S. section 14-2302).
• Where should I keep my will? — Store the original in a fireproof safe or with your attorney. Tell your personal representative (executor) where the original is located. Arizona does not have a will registry.

Helpful next links

• Arizona power of attorney — Review the document that gives another person authority while you are alive, not after death.
• Arizona living will — Compare end-of-life instructions with the document that controls property distribution after death.
• Arizona medical power of attorney — See how healthcare decision-making documents fit into estate planning.
• Free legal help — Find Arizona legal-help or lawyer-referral resources if you need help drafting a will.

Sources

• A.R.S. sections 14-2501 through 14-2503 (will requirements).
• A.R.S. sections 14-2101 through 14-2114 (intestacy).
• A.R.S. section 14-2804 (revocation by divorce).
• A.R.S. section 14-3971 (small estate affidavit).