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The Arizona will: necessary, simple, and not the whole answer

A will says who receives what, names the person in charge of making it happen, and - for parents - nominates guardians for minor children. Every Arizona adult should have one. And almost everyone misunderstands what it does: a will does not avoid probate. It is the script the probate court follows.

What makes a will valid in Arizona

  • Under A.R.S. § 14-2502, a will must be in writing, signed by the testator (or at their direction in their conscious presence), and signed by at least two witnesses.
  • Arizona also honors the holographic will: valid without witnesses if the signature and the material provisions are in the testator's own handwriting.
  • Smart addition: make it self-proved under A.R.S. § 14-2504 - the testator and witnesses sign notarized affidavits at execution, so the will can be admitted to probate without hunting down the witnesses later.

What a will controls, and what it does not

A will only reaches assets that pass through probate. It does not override beneficiary designations on retirement accounts and life insurance, it does not override a recorded beneficiary deed, and it does not reach survivorship property. Families are regularly surprised by this: the will said one thing, the designations said another, and the designations won.

Will or trust?

The will is the floor, not the ceiling. If your estate is a paid-off Arizona home plus real accounts, a will alone routes it all through probate: months on a court calendar, fees scaling with the estate, everything public. See what probate involves and the routes around it, then decide with open eyes. For many Arizona homeowners the honest answer is a trust for the assets, with a short will as backstop.

Sources

Educational information only, not legal advice. Wills are legal documents - have yours prepared or reviewed by a licensed professional.

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