Does an Arizona will have to be witnessed?

Q: Is a handwritten will valid without witness?

A handwritten will, also known as a holographic will, can be valid in Arizona even if it is not witnessed, provided it is signed by the testator and the material provisions are in their handwriting. However, having witnesses is generally recommended to avoid disputes.

Q: What type of will does not require witnessing in Arizona?

In Arizona, a holographic will does not require witnesses if it is written and signed entirely in the testator's handwriting. However, it is advisable to have witnesses to ensure its validity and to prevent potential challenges.

Q: What is a handwritten will signed but not witnessed called?

A handwritten will that is signed but not witnessed is referred to as a holographic will. In Arizona, this type of will can be valid as long as it meets the requirements of being in the testator's handwriting and signed by them.

Q: Which type of will requires no witnesses?

In Arizona, a holographic will requires no witnesses if it is written and signed by the testator in their own handwriting. However, for greater legal security, it is often recommended to have witnesses sign the will.

Full question:

Is a self-drawn will, without witnesses, legal in AZ? Thanks.

Category: Wills and Estates
Subcategory: Witnesses
Date: 04/07/2025
State: Arizona

Answer:

In Arizona, a legally enforcable will must meet the following requirements:

A will shall be:

1. In writing.

2. Signed by the testator (person making the will) or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction.

3. Signed by at least two witnesses, each of whom signed within a reasonable time after that person witnessed either the signing of the will or the testator’s acknowledgment of that signature or acknowledgment of the will. 14-2502.

However, requirement in this section, that a witness to a will sign the document within a reasonable time, permits a witness to sign the will after the testator’s death, provided the signing occurs within a reasonable time after witnessing the testator’s signature or acknowledgment of the will. Jung v. Jung (In re Jung), 210 Ariz. 202, 448 Ariz. Adv. Rep. 20, 109 P.3d 97, 2005 Ariz. App. LEXIS 48 (Ct. App. 2005).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does a will in Arizona need to be witnessed?

Yes, in Arizona, a will generally needs to be witnessed. It must be signed by at least two witnesses who observe the testator sign the will or acknowledge their signature. These witnesses must sign within a reasonable time after witnessing the act (A.R.S. § 14-2502).