Witness RequirementsĪRS 14-2501 includes two provisions regarding witnesses to a will: Depending on the situation, the court can invalidate parts of the will that are impacted by the discrepancies, or the court can invalidate the entire will. If a probate judge or clerk determines that a decedent’s will doesn’t satisfy one or more of these requirements, the will may be invalidated by the court. Any versions of the will dated before the last will and testament are considered invalid, though the court may consider these documents if any portions of the current will are invalidated. The testator cannot be under duress or undue influenceĪdditionally, the will that is submitted to probate court must be the decedent’s last will and testament, meaning it constitutes the decedent’s final and most recent version of the will. The will must be signed by two witnesses.The will must be signed by the testator, or by someone under the direction of the testator in the testator’s conscious presence.The will must be in writing ( ARS 14-2502).The testator must have testamentary intent (the intent to bequeath assets by will).The testator (the person who is writing the will) must be at least 18 years old and possess a sound mind ( ARS 14-2501).According to Title 14, there are 6 primary requirements for a valid will: Title 14 also regulates trusts, estates, and protective proceedings. In Arizona, the standards set forth in the UPC are codified in Arizona Revised Statutes Title 14 ( Title 14). Under the UPC, the state of Arizona does not require notarized wills. The cost of hiring an attorney to prepare your will generally can range from $300 to $1,200, depending on the going rate in your area, the attorney’s experience, and the complexity of your situation.Ī small but interesting study of wills in Alameda and San Francisco counties by University of California Davis law professor David Horton found that lawyer-drafted wills may be less likely to be contested in court homemade and holographic wills were more likely to be contested.Arizona is one of 18 states that have adopted the Uniform Probate Code (UPC), a set of uniform guidelines that are intended to simplify probate by standardizing probate proceedings across state lines. Their only job is to verify your identity, witness your signature, and record the transaction in their notary book. They are even mobile notaries who will come to your house.Ī notary won’t review your will or tell you if it will hold up in court. The cost generally ranges from $50 to $200.Īs for getting your will notarized, you can find notaries working out of their homes or small businesses in most communities. Some can even help you identify whether a simple will is the best document for your needs. Plenty of online services will walk you through creating a will specific to your state and your circumstances. If you’re afraid that you’ll make a mistake that would make your will unclear or invalid-or if you just feel confused or overwhelmed by the process-consider upgrading to a paid option. Nothing, if you type it up yourself using a free online template and your state doesn't require that it be notarized.
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