10 Mar What Makes a Will Valid in Arizona?

Writing a will is a step that every adult needs to take. However, if you want your will to work, you need to make sure that it’s legally valid. Every state has its own laws regarding legal wills—for example, electronic wills are only allowed in some states. Let’s go over what makes a will valid in Arizona. 

The Legal Requirements for Wills in Arizona

Whether your will is handwritten, electronic, or printed, there are three basic rules that all wills must follow.

1. The testator must be at least 18 years old and of sound mind.
2. The will must be in writing and signed in the testator’s own hand.
3. The will must be signed by two eligible witnesses.

This all sounds very simple, however, mistakes like choosing the wrong witnesses could render your entire will invalid. In Arizona, the witnesses must not be related to you or to anyone named in your will. For instance, if you want to leave your assets to your children, they cannot act as witnesses—and neither can their spouses. You must choose impartial witnesses, like your lawyer or a notary public.

Out-of-State Wills

Wills that are drafted and witnessed in other states can still be valid in Arizona, as long as they meet the requirements set by Arizona law. Unless the will is a self-proving will with a notarized affidavit, the witnesses may have to appear in court to testify that the will is valid. This can cause difficulties and delays, so if you recently moved to Arizona from another state, it’s a good idea to draft a new will.

Handwritten Wills

One of the possible advantages of a handwritten will is that witnesses are not required. However, the entire document must be written and signed in the testator’s own hand. And although they are accepted under state law, it can be much more difficult to prove that a handwritten will is valid. The court may need to call upon a handwriting expert to confirm that the will is legitimate. 

Because handwritten wills are recognized in Arizona, handwritten changes are allowed as well. Any changes must be written in the testator’s own hand, and signed with their full name. They must also be of sound mind and be making the changes under their own volition. Handwritten wills and handwritten changes to a will can be contested in court—it will be up to the judge to decide if the will is valid or not.

Electronic Wills

Arizona is one of ten states that permits electronic wills. The basic requirements are the same as for standard wills, except that the document and signatures are electronic. The witnesses can be either physically or virtually present at the time the will is signed. However, they must be in the United States. All signatures must be dated. An electronic will must also include a copy of the testator’s government-issued ID (like a drivers license or passport) according to this Arizona law.

A note of caution: 

Using AI to write your will is a very risky venture. AI is notorious for making mistakes, because its information is not always accurate and up to date. It can even “hallucinate” and invent an answer that’s not factually based at all. To make certain that your will is legally valid, it’s best to consult an estate planning lawyer. If you need help writing a will in Arizona, the team at Phelps LaClair would be happy to assist you. 

Estate Planning Services in the Greater Phoenix Area

When it comes to legal matters like preparing a will, it’s always best to seek professional guidance. The team at Phelps LaClair can give you detailed advice on what you should and should not include in your will, and advise you on the best ways to keep your assets out of probate. If you want to make sure that your will is valid in Arizona and that your entire estate is accounted for, contact us to schedule a consultation today. 

Photo by Romain Dancre on Unsplash used with permission under the Creative Commons license for commercial use 2/26/25.