Full question:
Can wills, living wills, and pre-nuptial agreements be notarized and/or do they have to be filed in the records of the county of residence?
- Category: Wills and Estates
- Date:
- State: Arizona
Answer:
In Arizona, a will must be in writing, signed by the testator, and witnessed by at least two individuals. There is no requirement for a notary. However, a self-proving affidavit can be used at the time of execution to validate the will, which should be sworn before a notary.
For living wills, an adult can create a written statement to control their health care decisions. If not part of a health care power of attorney, the living will must be verified in the same manner as a health care power of attorney. The health care power of attorney must be signed and either notarized or witnessed by at least one adult who confirms the person was of sound mind when signing (A.R.S. § 36-3261).
Prenuptial agreements should be signed before a notary public. There is no requirement for wills, living wills, or prenuptial agreements to be filed with the court until the death of the testator or divorce in the case of prenuptial agreements.
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.