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ARIZONA LEGAL INFORMATION

Last Will and Testament Statutes

Link to the Arizona Statutes online, See Title 14, Section 14-2501, et al. which contains the Probate Code.

Pamphlet from the Arizona State Bar Association regarding Last Wills

American Bar Association Guide to Wills and Estates

American Bar Association, Estate Planning
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Selected Arizona Statutes

  • Who may make a will. Any person 18 or more years of age who is of sound mind may make a will. Arizona Code Section 14-2501.
  • Execution and signature of will; witnesses. A will shall be:
    1. In writing.
    2. Signed by the testator 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 people, each of whom signed within a reasonable time after that person witnessed either the signing of the will as described in paragraph 2 or the testator's acknowledgment of that signature or acknowledgment of the will.
    Arizona Code Section 14-2502.
  • Self-proved will — Form and execution; how attested will made self-proved:

    (a) Any will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where execution occurs and evidenced by the officer's certificate, under official seal, in substantially the following form:

    "I, _____, the testator, sign my name to this instrument this ______ day of _____, 19__, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence."

    _________________________________
    Testator

    "We, _____, the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as his last will and that he sings it willingly (or willingly directs another to sign for him), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence."

    __________________________   __________________________
    Witness                                       Witness

    State of Arizona

    County of _______________

    Subscribed, sworn to and acknowledged before me by _____, the testator and subscribed and sworn to before me by _____, and _____, witnesses, this _____ day of _____, 19__.



    __________________________
    Notary

    Arizona Code Section 14-2504.

  • Who may witness will. (a) Any person generally competent [i.e., mentally competent] to be a witness may act as a witness to a will. (b) A will or any provision thereof is not invalid because the will is signed by an interested witness. Arizona Code Section 14-2505.
  • Revocation by writing or by act; when witnesses required. (a) A will or any part thereof is revoked by a subsequent will which revokes the prior will or part expressly or by inconsistency. (b) A will is revoked by being burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in his presence by his consent and direction. If the physical act is by someone other than the testator, consent and direction of the testator must be proved by at least two witnesses. Arizona Code Section 14-2507.
  • Testamentary additions to trusts. A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established by the testator and some other person or by some other person (including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testator's will and its terms are set forth in a written instrument (other than a will) executed before or concurrently with the execution of the testator's will or in the valid last will of a person who has predeceased the testator. Arizona Code Section 14-2511.

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