Writing a will in Arizona is more straightforward than most people expect. You do not need a lawyer, and under one route you do not even need witnesses. Arizona law recognizes a fully handwritten will, called a holographic will, as long as it meets a short list of requirements. This guide walks through both legal paths, gives you a numbered set of steps for the handwritten route, and flags the Arizona-specific rules that catch people out, from community property to where you store the finished document.
Whether you live in Phoenix, Tucson, Scottsdale, or Mesa, the same state statutes apply. Here is exactly how to do it correctly.
Two legal ways to make a valid will in Arizona
Arizona gives you two recognized options, and both produce a will that a probate court will accept.
The holographic (handwritten) will
Under A.R.S. Section 14-2503, a will is valid as a holographic will, whether or not it is witnessed, if the signature and the material provisions are in the handwriting of the person making it.1 That is the whole test. No witnesses, no notary. "Material provisions" means the substantive parts that say who gets what: the gifts and the people who receive them must be in your own handwriting.2
The witnessed (typed) will
The alternative is a formal will under A.R.S. Section 14-2502. This one can be typed, but it must be in writing, signed by you, and signed by at least two witnesses, each of whom witnessed either your signing or your acknowledgment of the will.3 It is the traditional route, and it is a good fit if you cannot handwrite the document or want the extra formality. The rest of this guide focuses on the handwritten path because it is the simplest for most people.
The key difference: a typed will in Arizona needs two witnesses to be valid. A fully handwritten will needs none. If you go the handwritten route, do not type any of the material provisions, because typed gifts can undermine the holographic status.
Step-by-step: writing a holographic will in Arizona
- Confirm you can make a will. You must be at least 18 and of sound mind. You should understand that you are creating a will, roughly what you own, and who your natural heirs are.
- Write the entire document by hand. Use pen on plain paper. Do not print a template and fill in blanks for the gifts. The parts that name your beneficiaries and describe what each receives must be in your own handwriting to satisfy A.R.S. Section 14-2503.1
- State that this is your will. Open with a clear line such as "This is the last will and testament of [your full name]," and note that you revoke any earlier wills.
- Name a personal representative. This is the person (called an executor in some places) who will carry out your wishes. Name a backup in case your first choice cannot serve.
- List your gifts clearly. Identify each beneficiary by full name and describe each gift specifically. Then name who receives everything else (your residuary estate).
- Name a guardian if you have minor children. If you have children under 18, state who you want to raise them.
- Date and sign it. Write the full date and sign at the end in your own hand. A date is not strictly required for validity, but it is strongly recommended: if you ever leave more than one will, the date is what tells the court which is the most recent and controlling version.
- Store it safely and tell someone. A perfect will helps no one if it cannot be found. See the storage section below.
Template: handwritten holographic will
Last Will and Testament of Jane A. Smith
I, Jane A. Smith, a resident of Maricopa County, Arizona, being of sound mind, declare this to be my last will and revoke all prior wills.
I appoint my sister, Mary Smith, as my personal representative.
I give my home at 123 Main Street, Mesa, Arizona to my son, David Smith.
I give the rest of my estate to my children in equal shares.
Signed: __________________ Date: __________
Arizona-specific rules you must know
Arizona is a community property state
Arizona is one of the community property states, which means your spouse already owns one half of the property the two of you acquired during the marriage. Your will can only give away your half of the community property plus your own separate property. Keep this in mind when you list gifts, because you cannot give away a share your spouse already legally owns.
There is no spousal elective share here
This is where Arizona differs from many states that follow the Uniform Probate Code. Most of those states let a surviving spouse claim an "elective share" against the will. Arizona does not have an elective share, because the community property system is deemed to protect the spouse instead.4 Your spouse's protection comes from already owning half of the community property, not from a right to override your will after death.
What happens if you have no will
If you die without a valid will, A.R.S. Section 14-2102 controls. If all of your children are also your surviving spouse's children, or you have no children, your spouse inherits everything. But if you have children from another relationship, your spouse takes one half of your separate property and no share of your half of the community property, with the rest passing to your children.5 For blended families especially, writing a will is the only way to make sure your wishes, not this default formula, decide the outcome.
Do not name a witness as a beneficiary in a witnessed will, and do not have anyone else write parts of a handwritten will. Mixing typed and handwritten gifts, or letting another person fill in the substantive terms, is the most common reason a homemade Arizona will runs into trouble in probate.
Where to store your Arizona will
Keep the original in a safe, dry place such as a home safe or a fireproof box, and tell your personal representative exactly where it is. Copies are helpful for reference, but the court wants the signed original. Arizona also lets you deposit your will with the superior court for safekeeping during your lifetime under A.R.S. Section 14-2515, which can be a good option if you are worried the original could be lost or destroyed.6
Quick Arizona will checklist
- You are 18 or older and of sound mind.
- The will is entirely in your own handwriting (holographic route), or typed with two witnesses (formal route).
- Your signature and all the gift provisions are handwritten.
- You named a personal representative and a backup.
- Each beneficiary and gift is clearly identified.
- You named a guardian for any minor children.
- You signed and dated the document.
- The original is stored safely and someone you trust knows where to find it.
Once you have these boxes checked, you have a will that meets Arizona law. If you would rather be walked through each part and end up with clean, court-ready wording, our Arizona will builder guides you step by step. You can also see full example wording in our Arizona will template guide, or read more about the handwritten route in our Arizona holographic will guide.
Sources
- 1A.R.S. Section 14-2503, Holographic will (Arizona State Legislature) (azleg.gov)
- 2How to Write a Holographic Will in Arizona (JacksonWhite Law) (jacksonwhitelaw.com)
- 3A.R.S. Section 14-2502, Execution; witnessed wills (Arizona State Legislature) (azleg.gov)
- 4Intestate Succession in Arizona (Nolo) (nolo.com)
- 5A.R.S. Section 14-2102, Intestate share of surviving spouse (Arizona State Legislature) (azleg.gov)
- 6Arizona Last Will and Testament requirements and storage (eForms) (eforms.com)
About the author
Max Kuch
Max Kuch writes about estate planning, wills and inheritance for Arizona Last Will. He gathers the rules from the Arizona statutes and the leading public data, then explains them in plain, accessible language so anyone can put their wishes in writing.