Which Is Better in Arizona, a Holographic Will or a Self Proved Will?
Short Answer
A holographic Will may qualify as a valid Will under Arizona law when the legal requirements are satisfied.
But legal validity is only part of the issue.
A Self Proved Will provides evidence concerning its execution within the document itself. That can make it easier for the family to establish the Will after death and may reduce the need for additional evidence concerning how the Will was signed.
That is why I prefer a properly prepared Self Proved Will.
Holographic Will vs Self Proved Will in Arizona
| Holographic Will | Self Proved Will |
|---|---|
| A holographic Will is handwritten. | A Self Proved Will provides evidence concerning its execution within the document. |
| Arizona law may allow it to qualify without the normal witness requirements when its legal requirements are satisfied. | It can reduce the need to rely on witnesses remembering years later what happened when the Will was signed. |
| Questions concerning handwriting, signature, intent or later Wills may still arise after death. | It gives the family a stronger document to work with after death. |
| Additional evidence may be needed if those issues have to be resolved. |
Holographic Will
- A holographic Will is handwritten.
- Arizona law may allow it to qualify without the normal witness requirements when its legal requirements are satisfied.
- Questions concerning handwriting, signature, intent or later Wills may still arise after death.
- Additional evidence may be needed if those issues have to be resolved.
Self Proved Will
- A Self Proved Will provides evidence concerning its execution within the document.
- It can reduce the need to rely on witnesses remembering years later what happened when the Will was signed.
- It gives the family a stronger document to work with after death.
Does a Handwritten Will Avoid Probate in Arizona?
No.
The fact that a Will is handwritten does not, by itself, determine whether an estate will require probate.
A Will generally provides instructions concerning what should happen after death. Whether probate is necessary depends on the assets, how they are owned, beneficiary designations and other circumstances.
Can a Holographic Will Be Challenged in Arizona?
Questions can arise concerning any Will.
With a holographic Will, those questions may include whether the handwriting belongs to the person who made the Will, whether the signature is genuine, whether the document was intended to operate as a Will and whether another Will was created later.
Those questions can become particularly important when the person who wrote the document is no longer available to explain it.
Why Does Self Proving a Will Matter?
A Will has to do more than express your wishes.
Your family may eventually have to establish that the Will was properly executed.
A Self Proved Will provides evidence concerning that execution within the document itself.
That can make an important difference when the Will has to be used after death.
Arizona Estate Planning Should Work After You Are Gone
Creating a Will is not only about deciding who receives your property.
It is also about leaving behind documents your family can actually use.
Careful Arizona estate planning can help reduce uncertainty, questions and unnecessary complications for the people you leave behind.
If you have questions about preparing or updating your Will, the Law Office of Ilene L. McCauley, Ltd. can help you understand your Arizona estate planning options.
Related Arizona Estate Planning Information
For additional information about Arizona Wills and probate, you may also want to read:
About Ilene L. McCauley
Ilene L. McCauley, Esq. is a Scottsdale, Arizona estate planning, probate, and tax attorney who has practiced law in Arizona since 1982. She helps individuals and families throughout Arizona address estate planning, incapacity, probate, trust administration, and related family planning concerns. Ilene has been a Certified Specialist in Taxation recognized by the Arizona Board of Legal Specialization since 1983.
Disclaimer
Ilene L. McCauley is licensed to practice law in the State of Arizona. Ilene L. McCauley, Ltd. provides legal services for clients in the State of Arizona. The information provided in this article is general and educational in nature and should not be construed as legal, tax or medical advice. Reading this article or using this website does not create an attorney and client relationship. Federal and state laws and regulations are complex and subject to change. Consult qualified Arizona legal and medical professionals regarding your individual circumstances.