To learn more about holographic wills and get a preliminary review of your situation and your right to your own situation, call the probate lawyers and trustees at William D. Black Law Firm at (602) 265-2600 or contact us online to schedule a free initial consultation. Is a holograph will valid in Arizona? Yes. Is this a good idea? No. Arizona law, which sets out the requirements for a valid holograph will, states that provisions relating to signature and material must be written in the hand of the testator. This means that you have to write the whole thing by hand. Either way, it won`t take that long. And yes, it has to be ink on paper. Electronic versions cannot be submitted to the court, at least not yet. The reality, based on experience, is that a holograph will can be approved by the probate court; The big problem is that they can be challenged much more easily by other beneficiaries. If your goal is to simplify things, you need to decide if it will be easy for you now when writing your will, or if it will be easy for the family members you left behind. Arizona recognizes a handwritten will, known as a “holographic will,” provided it is signed by the testator and the physical evidence is included in the testator`s handwriting.
The essential provisions are the provisions that determine the beneficiaries and their share of the estate or gifts. The written form must demonstrate that the testator wants and wants to dispose of his property in writing. A holograph will can be attested, but it does not have to be. While this may seem like an easy way to plan your estate, it can be very problematic because most people ignore all aspects of a properly drafted will and omit important material dispositions or use unclear language that creates opportunities for conflict and results in unreasonable costs and delays in the administration of the estate. While it is certainly recommended to have your holograph will signed by two witnesses, it is not required for handwritten wills. On the other hand, a typed will requires the signature of two witnesses (ARS 14-2502). In both cases, the court may ask witnesses to appear in court and testify to the authenticity of the will. If the testator has been pressured, manipulated or blackmailed to file part or all of the will in writing, the court will invalidate the will. Fraudulent wills containing false substantive dispositions and/or signatures are also invalid. Unfortunately, most cases are when the pressure or unreasonable influence on the elderly goes through a family member or close friend.
ARS 14-2503 states that holographic wills are valid “if the signature and substantive provisions are written by the testator.” Essential provisions include all clauses in the will that identify beneficiaries and their gifts. The testator is also required to provide language indicating that he intends and desires to dispose of his property in writing. The court usually compares the holograph will with other documents written by the testator to verify its writing and authenticate the will. A will that does not comply with Articles 14 to 2502 is considered a holograph will, whether or not it has been attested, if the signature and substantive provisions are contained in the testator`s handwriting. If you want to know whether or not you should do something more than a holographic will, please contact our office. Our process is not complicated and we guide you step by step to ensure that your wishes are known and that they are easy to implement for your family. Call our office at 480-418-8448 and find out how we can help you eliminate assumptions. A holograph will is another term for a handwritten will and a will. While some states do not recognize holographic wills, the state of Arizona accepts handwritten wills as long as they comply with the state`s probate laws. Laws regarding holographic wills are somewhat more flexible than laws regarding a traditional will and contain the following requirements: To be considered a self-proven will, the document must be signed and notarized by two witnesses (ARS 14-2504). Again, witnesses are not required for holographic wills, but the advantage of a self-proven will is that the court does not have to summon your witnesses to court to authenticate the will.
This can really speed up the probate process, which is always a good thing for your beneficiaries. According to the A. R.S.14-2504, Arizona allows wills to be “self-proven,” meaning that if the will itself is proven and filed in court and a party does not challenge it, it can be reviewed through an informal probate process. The will itself can be proved if the testator and witness confirm the authenticity of the will in an affidavit before a notary and the notary stamps the affidavit. Despite this law, it is still much wiser for a person to have a properly executed will. It is common for people who are trying to design and execute their own do not understand everything that is needed, and therefore only do a part and incomplete work.