Is Arizona a community-property state?

Yes. Property acquired during marriage is generally community property, so a surviving spouse already owns half. This affects how an intestate estate is divided.

Does Arizona allow handwritten wills?

Yes. Arizona recognizes holographic wills when the signature and the material provisions are in your own handwriting, even without witnesses.

Is the executor called a Personal Representative in Arizona?

Yes. Arizona follows the Uniform Probate Code, which uses Personal Representative for the executor named in a will or an administrator appointed by the court.

Can Arizona real estate avoid probate?

Yes. A beneficiary deed lets you transfer real estate to a named beneficiary at death without probate.

Making a Will in Arizona: Rules You Need to Know

Arizona has adopted the Uniform Probate Code and is a community-property state, which standardizes terminology while treating marital property differently than common-law states. Arizona also recognizes handwritten wills. This is general information, not legal advice — consult an attorney in your state.

Who can make a will in Arizona?

In Arizona you must be at least 18 and of sound mind. Sound mind means you understand you are making a will, know generally what you own, and recognize the people who would ordinarily inherit.

Capacity and signing without undue influence are what keep the will from being contested.

What are the witness and notary rules?

A typed Arizona will must be signed by you and witnessed by two people who sign within a reasonable time after seeing you sign or hearing you acknowledge the will. Arizona also recognizes holographic wills if the signature and material provisions are in your own handwriting.

Notarization is not required, but Arizona allows a self-proving affidavit before a notary, which lets the court admit the will without the witnesses appearing.

Two witnesses for a typed will.
Holographic wills allowed if signature and material provisions are handwritten.
A self-proving affidavit before a notary streamlines probate.

Is the executor called a Personal Representative?

Yes. Following the Uniform Probate Code, Arizona uses Personal Representative for the person who administers an estate, whether named in the will (an executor) or appointed by the court (an administrator).

Arizona offers informal probate, in which the Personal Representative can act with limited court supervision when the estate is uncontested.

What happens if you die without a will in Arizona?

If you die intestate, Arizona's statute gives your half of the community property and a share of separate property to your surviving spouse. If you have children who are not also the spouse's, the community-property share is divided.

Because Arizona is a community-property state, the surviving spouse already owns half of the community property; intestacy directs only the deceased's half. Intestacy also removes your say over your Personal Representative and any guardian for your children.

Is probate required in Arizona?

Probate is common but streamlined under Arizona's informal procedures. Small estates can use affidavits to transfer personal property and real estate below statutory thresholds without formal probate.

Assets with beneficiary designations or joint ownership pass outside probate, and Arizona allows a beneficiary deed for real estate that avoids probate.

Can you make an Arizona will online?

Yes. A properly signed and witnessed online will is valid in Arizona when you follow the two-witness process. iFinallyWill produces an Arizona-specific will and powers of attorney in about 20 minutes, with lifetime updates and a 60-day guarantee.

iFinallyWill supports all 50 states and every Canadian province. Because Arizona is a community-property state, couples with complex assets may benefit from local legal advice.

Frequently asked questions

Is Arizona a community-property state?: Yes. Property acquired during marriage is generally community property, so a surviving spouse already owns half. This affects how an intestate estate is divided.
Does Arizona allow handwritten wills?: Yes. Arizona recognizes holographic wills when the signature and the material provisions are in your own handwriting, even without witnesses.
Is the executor called a Personal Representative in Arizona?: Yes. Arizona follows the Uniform Probate Code, which uses Personal Representative for the executor named in a will or an administrator appointed by the court.
Can Arizona real estate avoid probate?: Yes. A beneficiary deed lets you transfer real estate to a named beneficiary at death without probate.