27 Jan Is a Handwritten Will Valid in Arizona?

Yes, a handwritten will—sometimes referred to as a holographic will—can be legally valid as long as it meets the conditions required by Arizona law. We will explain these rules in detail, and lay out how to best handle writing a will if you haven’t drafted one yet. 

We’ll also touch on what to do if you’ve discovered a handwritten will. For example, if one of your elderly parents has asked you to be the executor of their estate, you may be starting to get things in order while they’re still living. If they have a handwritten will, you have good reason to make sure that it is legally valid.

Five Legal Requirements for a Handwritten Will in Arizona

1: The will must be signed by the testator.

The will must include the signature of the testator (the person making the will). If the physical piece of paper is not signed by the testator, the will is invalid.

2: The will must be written in the testator’s own hand. 

A handwritten will must be entirely written by the testator to be legally valid. For example, if part of the will is typed, printed, or written in someone else’s handwriting, it will be invalid. A signed photocopy is also invalid—only the original document will hold up in court. 

3: The testator must be at least 18 years old and of sound mind.

Any adult can make a will, but they must be able to understand exactly what they are doing. Being “of sound mind” means that the person must understand what property they own, the relationships between them and others, the nature and consequences of their decisions, and have an understanding of their surroundings. 

4: There must be a statement of testamentary intent.

The will must demonstrate clear intent. This means that it should state the testator’s intention to create a valid will, before it begins naming beneficiaries or identifying assets.

5: It must meet the witness requirements.

In Arizona, a handwritten will needs to be witnessed. Two witnesses must watch the testator sign the will, and then the witnesses must sign it as well. However, certain exemptions exist that allow a holographic will to be valid without witnesses. If you handwrite the entire section and sign it yourself, it will be valid.   

Can a Handwritten Will Avoid Probate?

No—all wills are subject to probate. Even when a handwritten will is legally valid, this is enough to avoid the probate process. All wills must be verified by the court before their testator’s assets can be distributed to their beneficiaries. However, by taking careful measures, avoiding probate is entirely possible. Having a valid will, setting up a trust, and naming beneficiaries for your bank accounts and titled properties will make things easier on your beneficiaries and protect their privacy as well. 

What Is the Best Way to Write a Will?

First, gather the information you need. Make a list of your assets, both physical and digital. Think about your final wishes, and decide who you plan to name as beneficiaries. Collect important documents like deeds, licenses, certificates, financial account numbers, etc. all in one place. 

Next, write a draft of your will and store it in a safe place. Then, contact an estate planning attorney who can check to see if your will is fully valid. When it comes to legal matters like writing a will, appointing a power of attorney, or funding a trust, it’s always best to consult an expert. 

What Type of Will Do I Need?

Choosing the best type of will depends on a variety of factors. How large is your estate? Do you own businesses? Do you have digital assets like cryptocurrency? What’s your family situation? How much control over the distributions would you like to retain after death? Will you be interested in charitable giving? As you can see, there are many things to consider for each individual situation.   

Did you know there are multiple types of wills recognized in Arizona? There is no one-size-fits-all answer for estate planning. From simple wills to pour-over wills, there are many options available for customizing your estate plan. A legal professional can advise you on what to put in your will, what to leave out, and educate you on the best ways to avoid probate. 

Consult an Estate Planning Attorney at Phelps LaClair

If you want to avoid probate, our legal experts can help you create a bullet-proof estate plan. We will help you find exactly the right tools to protect your assets and ensure that your wishes are carried out. We’d be glad to help demystify the estate planning process and get you on solid ground. We’re here to answer all of your questions, so set up a free consultation today!

Images used under creative commons license – commercial use. Image by Pexels from Pixabay.