Wills

questions & answers

Question: What makes a Will valid in the state of Arizona

Answer: A will may be valid under Arizona law if it is made by someone who is 18 years of older and of sound mind. (A.R.S. § 14-2501) It must also be in writing and witnessed according to the law. (A.R.S. § 14-2502) The will must be signed by the person making the will (called the testator). If the testator cannot sign, it can be signed in testator’s name by someone else in testator’s presence while testator is conscious, and as directed by testator to sign. The will must be signed by at least two people, each of whom must sign within a reasonable amount of time after the person witnesses the signing of the will or the acknowledgement by testator of that signature or testator’s acknowledgement of the will. There are situations where an unwitnessed handwritten will by testator (called a holographic will) is valid. If the will does not meet the requirements that are listed above, it may still be valid under Arizona law if it is a holographic will, whether it was witnessed or not, if the signature and main and important provisions are in the handwriting of testator. (A.R.S. § 14-2503)

Comments:

On 6/17/07
Linda said
Why is it that even if a will is executed and signed/witnessed correctly it is not sufficient to avoid probate?

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