What are the requirements for a holographic will in Arizona?

Estate plans in Arizona can be complex collections of multiple documents. Testators can draft documents discussing their estates and arranging for their care as they age. Other times, the only document a testator creates prior to their death is a will.

Wills give testators an opportunity to choose their beneficiaries and bequeath them specific assets. They can also potentially name a trusted individual to serve as a guardian for their children if they still have dependents living at home. The most common form of will created in Arizona is a professionally drafted will printed by the lawyer who helped draft the documents. However, the Arizona probate courts also recognize the validity of holographic wills, provided that they meet certain standards.

What is a holographic will?

People may misunderstand the phrase holographic will. A simpler way of describing a holographic will is to call it a handwritten will. A holographic will is a testamentary instrument produced by the testator in their own handwriting.

What are the requirements for a holographic will?

A testator needs to personally write the will themselves for it to be valid under Arizona state statutes. In fact, other people may need to be able to recognize their handwriting for the will to be valid.

The testator generally has to handwrite the details regarding who they want to name as their beneficiaries and what assets they should receive from the estate. They also have to sign the will. The testator isn’t the only person whose signature is necessary.

Holographic wills require the same witness signatures necessary for other valid wills. Two other adults must sign the will to attest to its validity and the testamentary capacity of the testator. Although holographic wills are convenient, they can lead to range of challenges.

Issues ranging from changes in handwriting due to age or a misplaced document could lead to a holographic will ultimately proving unenforceable. People may also attempt to include illegal or unenforceable terms in holographic wills.

Partnering with an attorney to draft a will is often preferable to attempting to handwrite a document at home. Testators who have the right support can feel confident that their documents should hold up under scrutiny after they die. Contact us online or call today for a free consultation with Pennington Law, PLLC.