Validity of Handwritten Wills in Arizona

by Ben Bhandhusavee

A recent poll I read said that only 37% of those younger than age 50 have a will. This may seem perfectly understandable for those individuals who own just a car and maybe a nice flat screen TV, but think about how many of these individuals probably have young children.  These persons have made no plan for what will happen to their children if mom and dad should die in an accident.

The good news for those of you who fall into this astounding statistic is that, if you reside in Arizona,  can write and sign your name, have a pen and piece of paper, you can provide for your children without ever having to step foot inside an attorney’s office or stationary store. 

Unlike many states, Arizona law recognizes something called a “holographic will”--a will written in your own handwriting and bearing your signature.  Normally, to be enforceable, a will requires three things. It needs your signature. It needs language that says you're disposing of property. It also needs the signatures of two witnesses. However, Arizona’s holographic will statute, A.R.S. §14-2503, bypasses the need for witnesses.

Speaking of stationary stores, many people think they have a will, but they do not. They typed up something on the computer and signed it. Maybe they even got a notary to stamp it. It's not legal at all, and if they've written that they want their sister to take care of their kids when they’re gone, it might not happen.

Even if you don’t have a will, our state statutes establish a plan for what will happen with your property.  Unfortunately, there is no statutory plan for your kids.  Your relatives would have to hire an attorney and go to court to petition to have a guardian (and possibly conservator, if significant property of the kids is involved) appointed.  If your relatives start arguing about who should care for the kids (Anna Nicole Smith case), it could become a very expensive and heartbreaking nightmare.

Which is not to say that everyone should use a holograph for their estate planning needs.  It is always advisable to seek legal counsel to assess your specific circumstances and develop an estate plan which will truly take care of your family, specific property, business, etc.  However, until then, a holographic will is your best alternative to nothing at all.  It may not be the best will ever conceived, and it probably won't answer all the questions that the people you leave behind need to have answered. But it will be legal in Arizona.

Need a plan to protect your children?  Our law firm can help you assess your needs and prepare or update your estate, health care, and asset protection plan.  For more information, please e-mail or call our office at (602) 678-2970.

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