Arizona Will and Trust Laws: Witnesses, E-Wills, Holographic (2026)

Under Arizona law, a paper will must be in writing, signed by the testator (or by another person in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each within a reasonable time after witnessing the signing or the testator's acknowledgment (A.R.S. 14-2502(A)). A will that does not meet those rules is valid as a holographic will if the signature and material provisions are in the testator's handwriting (14-2503). Living trusts are governed by the Arizona trust code, A.R.S. Title 14, Chapter 10 (14-10101).

Arizona differs from many states on the wills and trusts laws by state hub in three ways: for wills signed on or after October 1, 2019, a beneficiary or a beneficiary's relative may not serve as a witness unless the will is self-proved; Arizona has a full electronic-will statute; and a written trust can be amended or revoked only by a written instrument the settlor executes.

Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Arizona statutes on making, signing, changing and revoking wills, including electronic wills (A.R.S. Title 14, Chapter 2, chiefly sections 14-2501 to 14-2523 and 14-2804), and on revocable living trusts (the Arizona trust code, Title 14, Chapter 10). It does not cover what happens when someone dies without a will or how estate administration works (see Arizona probate), small-estate procedures (see the Arizona small estate affidavit page), powers of attorney (see Arizona power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Arizona advance directive tool.

What makes a will valid in Arizona?

Capacity: "A person who is eighteen years of age or older and who is of sound mind may make a will" (A.R.S. 14-2501). For a paper will, 14-2502(A) sets the form:

"A. Except as provided in sections 14-2503, 14-2506 and 14-2513, a paper 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 of this subsection or the testator's acknowledgment of that signature or acknowledgment of the will." (A.R.S. 14-2502(A))

Each witness signs "within a reasonable time" after witnessing, so the section does not require both witnesses to sign at the same sitting, and a witness may have seen either the signing or the testator's acknowledgment. A proxy signer must sign in the testator's "conscious presence" and by the testator's direction.

Section 14-2502(B) adds a rule on intent: "Intent that a tangible medium or an electronic record constitutes the testator's will can be established by extrinsic evidence, including, for holographic wills under section 14-2503, portions of the document that are not in the testator's handwriting." That subsection addresses proof that a document was meant as a will; it does not dispense with the signature and witness requirements in subsection A.

Who can be a witness: the 2019 rule

Section 14-2505 is where Arizona departs from many states:

"A. A person who is generally competent to be a witness may act as a witness to a will. B. For any will executed on or after October 1, 2019, unless the will is made self-proved as prescribed in section 14-2504 or 14-2519, a person may not act as a witness to a will if that person is a devisee under that will or is related by blood, marriage or adoption to a devisee under that will. C. For the purposes of this section, "devisee" means a person who is designated in the will to receive a devise or who is a beneficiary of a trust that is designated in the will to receive a devise." (A.R.S. 14-2505)

Three parts of the text carry the rule. It applies to wills executed on or after October 1, 2019. It reaches relatives of a devisee by blood, marriage or adoption, not only the devisee. And "devisee" includes a beneficiary of a trust that receives a gift under the will, which matters for a pour-over will. The bar does not apply when the will is made self-proved under 14-2504 (paper) or 14-2519 (electronic).

Wills signed in another state or country

Under 14-2506(B), "a paper will or an electronic will is valid if its execution complies with the law at the time of execution of the place where the testator is physically present when the testator executes the will, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national."

Does an Arizona will need to be notarized? The self-proving affidavit

No notary appears in 14-2502. A notary, or another officer authorized to administer oaths, is used for the optional self-proving procedure in 14-2504:

• At signing. Under 14-2504(A), "A will may be simultaneously executed, attested and made self-proved by its acknowledgment by the testator and by affidavits of the witnesses if the acknowledgment and affidavits are made before an officer authorized to administer oaths under the laws of the state in which execution occurs and are evidenced by the officer's certificate, under official seal."
• Later. Under 14-2504(B), "An attested will may be made self-proved at any time after its execution."
• The affidavit signatures count. Under 14-2504(C), "A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will's due execution."

In Arizona, self-proving also determines whether a devisee or a devisee's relative may witness a will executed on or after October 1, 2019 (14-2505(B), above). The certificate and affidavit wording is set out in 14-2504 itself; this page does not reproduce it.

Holographic (handwritten) wills in Arizona

Arizona accepts handwritten wills: "A will that does not comply with section 14-2502 is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the handwriting of the testator" (14-2503).

The section requires the signature and the "material provisions" to be in the testator's handwriting; it does not list a date among the requirements, and witnesses are not needed. Under 14-2502(B), extrinsic evidence, including portions of the document that are not in the testator's handwriting, can show that the testator intended the document as a will.

Oral wills

A paper will must be "In writing" (14-2502(A)(1)), a holographic will needs a handwritten signature and material provisions (14-2503), and an electronic will must "Be created and maintained in an electronic record that is readable as text at the time of signing" (14-2518(A)(1)). An oral (nuncupative) will meets none of those rules, and Arizona's will sections, 14-2501 to 14-2523, contain no section on oral wills.

Electronic wills and remote witnessing

Arizona has its own electronic-will statute, A.R.S. 14-2518 to 14-2523. Under 14-2518(A), an electronic will must meet all of these requirements:

"1. Be created and maintained in an electronic record that is readable as text at the time of signing. 2. Contain the electronic signature of the testator or the testator's electronic signature made by some other individual in the testator's conscious presence and by the testator's direction. 3. Contain the electronic signatures of at least two persons, each of whom met all of the following requirements: (a) Was physically present or electronically present with the testator when the testator electronically signed the will, acknowledged the testator's signature or acknowledged the will. (b) Electronically signed the will within a reasonable time after the person witnessed the testator signing the will, acknowledging the testator's signature or acknowledging the will as described in subdivision (a) of this paragraph. (c) If electronically present with the testator when the testator electronically signed the will, acknowledged the testator's signature or acknowledged the will, was physically located within the United States at the time of serving as a witness. 4. State the date that the testator and each of the witnesses electronically signed the will. 5. Contain a copy of a government-issued identification card of the testator that was current at the time of execution of the will." (A.R.S. 14-2518(A))

Remote witnessing is therefore built into the electronic-will statute: a witness may be "electronically present," but must be physically located in the United States while serving. Electronic presence for witnesses was added by Laws 2023, chapter 32 (HB2197), signed April 11, 2023 and effective October 30, 2023. The 2019 interested-witness rule in 14-2505(B) applies to electronic wills too, unless the will is self-proved under 14-2519.

Self-proving an electronic will

Under 14-2519(A), "In addition to the requirements of section 14-2504, to be self-proved, an electronic will must meet all of the following requirements: 1. Contain the electronic signature and electronic seal of a notary public placed on the will in accordance with applicable law. 2. Designate a qualified custodian to maintain custody of the electronic will. 3. Before being offered for probate or being reduced to a certified paper original, be under the exclusive control of a qualified custodian at all times."

The qualified custodian

Section 14-2520 limits who may serve. A qualified custodian "May not be related to the testator by blood, marriage or adoption" and "May not be a devisee under the electronic will or related by blood, marriage or adoption to a devisee under the electronic will." The custodian must store in the electronic record, among other items, "An audio and video recording of the testator, attesting witnesses and notary public, as applicable, taken at the time the testator, each attesting witness and notary public, as applicable, placed the person's electronic signature on the electronic will."

Under 14-2522(B), the custodian may destroy the electronic record at the earlier of "One hundred years after the testator's death" or "Five years after the testator's last will is admitted to probate and all appellate opportunities have been exhausted." Section 14-2521 governs the custodian's agreement to serve and ceasing service, and 14-2523 covers making a certified paper original of an electronic will.

No harmless-error statute

Some states let a court admit a will with an execution defect if there is clear proof of intent. Arizona's will sections, 14-2501 to 14-2523, contain no such section. The provisions that bear on a defective will are the extrinsic-evidence-of-intent rule in 14-2502(B) and the holographic rule in 14-2503.

Changing or revoking an Arizona will

Revocation

Under 14-2507(A), "A testator may revoke a will in whole or in part: 1. By executing a subsequent will that revokes the previous will or part expressly or by inconsistency. 2. By performing a revocatory act on the will if the testator performs the act with this intent or if another person performs the act in the testator's conscious presence and by the testator's direction." A revocatory act "includes burning, tearing, canceling, obliterating, rendering unreadable or destroying the will or any part of it."

Divorce: wills, trusts and beneficiary designations

Arizona's divorce rule, 14-2804, covers probate and nonprobate transfers together:

"A. Except as provided by the express terms of a governing instrument, a court order or a contract relating to the division of the marital estate made between a divorced couple before or after the marriage, divorce or annulment, the divorce or annulment of a marriage: 1. Revokes any revocable: (a) Disposition or appointment of property made by a divorced person to that person's former spouse in a governing instrument" (A.R.S. 14-2804(A))

Because the section works through any "governing instrument," it reaches a will, a revocable trust and a beneficiary designation, not just the will. Under 14-2804(D), "Provisions revoked solely by this section are revived by the divorced person's remarriage to the former spouse or by a nullification of the divorce or annulment." For 14-2804, "divorce or annulment" "does not include a decree of separation that does not terminate the status of husband and wife" (14-2804(I)(2)).

For employer plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute that revokes a spouse's beneficiary designation on divorce, as applied to those plans (see the wills and trusts hub for the federal layer).

Homicide and financial exploitation

Arizona's slayer section, 14-2803, applies to a "felonious and intentional" killing, which 14-2803(L)(2) defines as "a conviction or a finding of guilty except insane for a homicide pursuant to section 13-1103, 13-1104 or 13-1105."

A separate statute reaches financial exploitation. Under 46-456(C)(1), a court may order a person who violates 46-456(A) or 13-1802(B) to forfeit all or a portion of the person's "(a) Interest in any governing instrument. (b) Benefits under title 14, chapter 2 with respect to the estate of the vulnerable adult, including an intestate share, an elective share, an omitted spouse's share, an omitted child's share, a homestead allowance, any exempt property and a family allowance."

Limits on what an Arizona will can do

Community property. Arizona is a community property state. Under 25-211(A), "All property acquired by either husband or wife during the marriage is the community property of the husband and wife except for property that is: 1. Acquired by gift, devise or descent. 2. Acquired after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment." Arizona's intestacy section, 14-2102, speaks of "the one-half of community property that belongs to the decedent." How community property passes at death is covered on the Arizona probate page.

No elective share; statutory allowances. Arizona's probate code has no elective-share section: Article 2 of Chapter 2, "Waiver of Rights of Spouse," contains only 14-2207. Article 4 of Chapter 2 gives a surviving spouse a homestead allowance of $18,000 (14-2402(A)); exempt property worth "not more than seven thousand dollars in excess of any security interests" in household furniture, automobiles, furnishings, appliances and personal effects (14-2403(A)); and, with minor and dependent children, "a reasonable allowance in money out of the estate for their maintenance during the period of administration" (14-2404(A)). Each is chargeable against what the spouse receives under the will unless the will provides otherwise (14-2402(C), 14-2403(D), 14-2404(C)).

Spouse married after the will. Section 14-2301 gives a surviving spouse who married the testator after the will a share of the estate, "unless: 1. It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse. 2. The will expresses the intention that it is to be effective notwithstanding any subsequent marriage. 3. The testator provided for the spouse by transfer outside the will and the intent that the transfer is in lieu of a testamentary provision is shown by the testator's statements or can be reasonably inferred from the amount of the transfer or other evidence."

Children born or adopted after the will. Section 14-2302(A) sets out shares for a child born or adopted after the will. Under 14-2302(D), subsection A does not apply if "1. It appears from the will that the omission was intentional. 2. The testator provided for the omitted child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision is shown by the testator's statements or can be reasonably inferred from the amount of the transfer or other evidence."

A relative who dies first. Under 14-2603(A), if a devisee "fails to survive the testator and is a grandparent, a descendant of a grandparent or a stepchild of either the testator or the donor of a power of appointment exercised by the testator's will," a substitute gift is generally created in the devisee's surviving descendants, who "take, by representation, the property to which the devisee would have been entitled if the devisee had survived the testator." Separately, under 14-2702(A), a person "who is not established by clear and convincing evidence to have survived an event, including the death of another person, by one hundred twenty hours is deemed to have predeceased the event."

No-contest clauses. Under 14-2517, "A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings or actions relating to the estate is unenforceable if probable cause exists for the contest, proceedings or actions." The trust code has a parallel rule (14-10113), covered below.

Contracts not to revoke. Under 14-2514(A), "After December 31, 1994, a person may enter into a contract to make a will or devise or not to revoke a will or devise or to die intestate only by: 1. Provisions of a will that state the material provisions of the contract. 2. An express reference in a will to a contract and extrinsic evidence proving the terms of the contract. 3. A writing signed by the decedent evidencing the contract."

A separate list for personal items. Section 14-2513 lets a will refer to a separate list disposing of tangible personal property. Under 14-2513(B), "To be admissible under this section as evidence of the intended disposition, the writing shall either be in the testator's handwriting or be signed by the testator and shall describe the items and the devisees with reasonable certainty."

After death: delivering the will and the probate time limit

Under 14-2516(A), "After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate or, if none is known, to an appropriate court." A person who willfully fails to deliver it is liable for damages caused, and refusing after a court order is subject to contempt (14-2516(B), (C)).

Timing also matters. Under 14-3108, an informal or formal probate or appointment proceeding, with listed exceptions, "shall not be commenced more than two years after the decedent's death."

Revocable living trusts in Arizona

The trust code

"This chapter may be cited as the Arizona trust code" (A.R.S. 14-10101). It defines "revocable," as applied to a trust or a portion of a trust, as "revocable by a settlor without the consent of any person, including the trustee or a person who holds an interest that is either adverse or not adverse" (14-10103(15)).

Creating a trust

Under 14-10402(A), "Except as provided in section 14-5409, a trust is created only if all of the following are true: 1. The settlor has capacity to create a trust. 2. The settlor indicates an intention to create the trust. 3. The trust has a definite beneficiary or is" one of the listed charitable, animal or noncharitable-purpose trusts; "4. The trustee has duties to perform. 5. The same person is not the sole trustee and sole beneficiary."

The trust code does not impose will-style signing formalities, such as witnesses or a notary, on a lifetime trust. Section 14-10407 provides:

"Except as required by a statute other than this chapter, a trust need not be evidenced by a trust instrument, but the creation of an oral trust shall be established only by clear and convincing evidence and the terms of the oral trust shall be established by a preponderance of the evidence. If a trust is created by written instrument, it may be amended or revoked only by written instrument executed by the settlor." (A.R.S. 14-10407)

Revocable by default

Under 14-10602(A), "Unless the terms of a trust expressly provide that the trust is irrevocable, a settlor may revoke or amend the trust subject to any limitations prescribed in the terms of the trust."

How to revoke or amend

Section 14-10602(C) lists the methods:

"C. The settlor may revoke or amend a revocable trust either: 1. By substantial compliance with a method provided in the terms of the trust. 2. If the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by either: (a) A later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust. (b) Any other writing signed by the settlor manifesting clear and convincing evidence of the settlor's intent." (A.R.S. 14-10602(C))

For a trust created by written instrument, 14-10602(C) is read alongside the last sentence of 14-10407: such a trust "may be amended or revoked only by written instrument executed by the settlor."

For a trust created or funded by more than one settlor, 14-10602(B)(1) provides that, to the extent the trust consists of community property, "the trust may be revoked by either spouse acting alone as to that spouse's share of the community property but may be amended only by joint action of both spouses."

Under 14-10602(E), an agent under a power of attorney may exercise the settlor's powers to revoke or amend "only to the extent expressly authorized by the terms of the trust or, if the terms of the trust do not prohibit an agent from exercising powers on behalf of the settlor, to the extent expressly authorized under the power of attorney." If no agent is so authorized and the terms of the trust do not prohibit a conservator from acting for the settlor, the section allows the settlor's conservator to act with the approval of the court supervising the conservatorship or, if no conservator has been appointed, the settlor's guardian with the approval of the court supervising the guardianship.

Creditors

Under 14-10505(A)(1), "During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors." After death, under 14-10505(A)(3), subject to the settlor's right to direct the source of payment, property of a trust that was revocable at death "is subject to claims of the settlor's creditors, costs of administration of the settlor's estate, the expenses of the settlor's funeral and disposal of remains and statutory allowances to a surviving spouse and children to the extent the settlor's probate estate is inadequate to satisfy those claims, costs, expenses and allowances, except to the extent that state or federal law exempts any property of the trust from these claims, costs, expenses or allowances."

Trust no-contest clauses

Under 14-10113, "A provision in a trust instrument that purports to penalize an interested person for contesting the trust instrument or instituting other proceedings or actions relating to the trust property is unenforceable if probable cause exists for the contest, proceedings or actions."

Certification of trust

A trustee can give a third party a certification of trust instead of the full instrument. Under 14-11013(F), "A person who acts in reliance on a certification of trust without actual knowledge that the representations contained in the certification of trust are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification of trust."

After the settlor dies: notice and the contest deadline

Under 14-10813(B)(3), within 60 days after the trustee acquires knowledge "that a formerly revocable trust has become irrevocable, whether by the death of the settlor or otherwise," the trustee "shall notify the qualified beneficiaries of the trust's existence" and of the other matters the section lists. Under 14-10813(E), that duty applies "only to a trustee who accepts a trusteeship on or after January 1, 2009, to an irrevocable trust created on or after January 1, 2009 and to a revocable trust that becomes irrevocable on or after January 1, 2009."

The contest deadline is in 14-10604(A):

"A. A person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of: 1. One year after the settlor's death. 2. Four months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address and of the time allowed for commencing a proceeding." (A.R.S. 14-10604(A))

Pour-over wills

A pour-over will leaves property to the trustee of a trust. Under 14-2511, a devise to the trustee is valid "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, concurrently with or after the execution of the testator's will or in another individual's will if that other individual has predeceased the testator," whether or not the trust holds property. "The devise is not invalid because the trust is amendable or revocable or because the trust was amended after the execution of the will or after the testator's death." Under 14-2511(C), "Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse."

Because a "devisee" under 14-2505(C) includes "a beneficiary of a trust that is designated in the will to receive a devise," the trust's beneficiaries and their relatives fall within the 2019 witness rule for a pour-over will that is not self-proved.

Arizona wills and trusts at a glance

Recent changes

• Laws 2023, chapter 32 (HB2197). Effective October 30, 2023, it added electronic presence for witnesses to an electronic will (14-2518) and defined "electronically present" (14-1201).
• Laws 2025, chapter 88 (HB2657). Effective September 26, 2025, it amended sections including 14-1201 and 14-2302. The definition of "will" in 14-1201 now covers an instrument that nominates "a guardian or conservator, or both," and uses "personal representative" in place of "executor."

Making a will in practice

The site's free Arizona will-maker tool can help draft a basic will. Whatever produces the document, signing must follow 14-2502 (or 14-2518 for an electronic will), and because of the 2019 witness rule in 14-2505(B), whether the will is self-proved under 14-2504 affects who may serve as a witness. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Arizona. The tool is not legal advice.

Related pages

• Wills and trusts laws by state
• Arizona probate
• Arizona small estate affidavit
• Arizona power of attorney laws

This article provides general legal information about Arizona law on wills and revocable trusts as of 2026-10-19. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Arizona or the superior court in your county.

Last updated: 2026-10-19.

Frequently Asked Questions

How many witnesses does a will need in Arizona?

A paper will needs at least two witnesses, each of whom signs within a reasonable time after witnessing the signing or the testator's acknowledgment (A.R.S. 14-2502(A)). A holographic will under 14-2503 needs no witnesses.

Can a beneficiary witness a will in Arizona?

For a will executed on or after October 1, 2019, a devisee, or a person related by blood, marriage or adoption to a devisee, may not act as a witness unless the will is self-proved under 14-2504 or 14-2519 (14-2505(B)). A devisee includes a beneficiary of a trust that receives a gift under the will.

Is a handwritten will valid in Arizona?

Yes. Under A.R.S. 14-2503, a will is valid as a holographic will, whether or not witnessed, if the signature and the material provisions are in the testator's handwriting.

Does a will have to be notarized in Arizona?

No notary is required for a valid paper will under 14-2502. A notary or other officer authorized to administer oaths is used to make the will self-proved under 14-2504, which in Arizona also lifts the 2019 bar on beneficiaries and their relatives serving as witnesses.

Are electronic wills legal in Arizona?

Yes. A.R.S. 14-2518 allows an electronic will with the testator's electronic signature, two witnesses physically or electronically present (an electronically present witness must be in the United States), the signing dates and a copy of the testator's current government ID. See the electronic-wills section for self-proving and custodian rules.

Does divorce revoke a will in Arizona?

Divorce or annulment revokes revocable gifts and appointments to the former spouse in a will or other governing instrument, unless the instrument, a court order or a property-division contract provides otherwise (A.R.S. 14-2804); the rest of the will stands. Remarriage to the former spouse or nullification of the divorce revives the revoked provisions. A decree of separation that does not end the marriage is not a divorce for this rule, and federal law limits it for ERISA employer plans; see the divorce section.

How do I amend or revoke a living trust in Arizona?

Under 14-10602(C), by substantial compliance with the trust's own method or, if that method is not exclusive, by a later will or codicil or another signed writing as the section describes. A trust created by written instrument may be amended or revoked only by written instrument executed by the settlor (14-10407).

How long do you have to contest a living trust in Arizona?

Under A.R.S. 14-10604(A), a contest of a trust that was revocable at the settlor's death must be brought within the earlier of one year after death or four months after the trustee sent the person a copy of the trust instrument and the notice the section describes.