Why I Prefer a Self-Proved Will in Arizona
Why I Prefer a Self-Proved Will in Arizona
What Is a Self-Proved Will in Arizona?
A Self-Proved Will in Arizona is a Will that includes an acknowledgment by the person making the Will and affidavits from the witnesses before an authorized officer, typically a notary.
Arizona law specifically provides for Self-Proved Wills under Arizona Revised Statutes § 14-2504.
A Self-Proved Will provides evidence about how the Will was signed without having to depend years later on the memories or availability of the witnesses.
Not All Wills Are the Same
Arizona law allows several types of Wills.
But just because a Will may be legally valid does not mean it will be easy for your family to use after your death.
That is why I prefer a Self-Proved Will.
What Is a Self-Proved Will?
A traditional Arizona Will generally must be in writing, signed by the person making the Will, and signed by two witnesses.
A Will does not have to be notarized simply to be valid.
But Arizona law allows us to take an important additional step.
The person making the Will and the witnesses can sign the appropriate acknowledgment and affidavits before an authorized officer, typically a notary.
This makes the Will self-proved.
Does an Arizona Will Have to Be Notarized?
No.
An Arizona Will does not generally have to be notarized simply to be valid.
Arizona Revised Statutes § 14-2502 generally requires a paper Will to be in writing, signed by the person making the Will or as otherwise permitted by the statute, and signed by at least two witnesses.
The additional acknowledgment and witness affidavits described in Arizona Revised Statutes § 14-2504 are what can make an Arizona Will self-proved.
Why Is a Self-Proved Will Better?
After your death, you are no longer here to explain how you signed your Will.
Neither are your witnesses necessarily easy to find.
They may have moved.
They may not remember signing your Will.
They may have died.
A Self-Proved Will provides important evidence about how the Will was signed without having to rely on the memories and availability of your witnesses years later.
What Is the Difference Between a Valid Will and a Self-Proved Will in Arizona?
A Will may be legally valid without being self-proved.
A Self-Proved Will takes the additional step of providing the acknowledgment and witness affidavits permitted under Arizona law.
That additional evidence can become important years later when the Will needs to be used and the original witnesses may no longer be readily available.
Make It Easier for Your Family
The goal is not simply to have a valid Will.
The goal is to have a Will your family can actually use.
That is why I prefer a properly prepared Self-Proved Will.
Do the work correctly now so your fami
Frequently Asked Questions About Self-Proved Wills in Arizona
What makes a Will self-proved in Arizona?
Arizona law allows a Will to be made self-proved through an acknowledgment by the person making the Will and affidavits from the witnesses before an officer authorized to administer oaths, typically a notary.
Is a notarized Will automatically self-proved in Arizona?
Not necessarily.
A Self-Proved Will must satisfy the requirements for self proof under Arizona law. Simply having a notarized document does not by itself answer whether the Will was properly made self-proved.
Why does self proof matter after someone dies?
The people who witnessed a Will may be difficult to locate years later. They may have moved, may not remember the signing, or may have died.
A Self-Proved Will provides evidence about how the Will was signed without having to rely entirely on those witnesses later.
Your Will Is One Part of Your Arizona Estate Plan
A Will is important, but it is only one part of an estate plan.
Your Will should work together with your Trust, beneficiary designations, powers of attorney, account ownership and other estate planning documents.
If you already have an Arizona Will, reviewing how it was prepared and whether it still reflects your wishes can help identify problems before your family has to deal with them.
For more information about coordinating your Will with beneficiary designations, read:
Does a Will Override a Beneficiary Designation in Arizona?
You can also review:
Have Questions About Your Arizona Will?
If you are creating an estate plan, reviewing an existing Will or wondering whether your Will was properly prepared, the Law Office of Ilene L. McCauley, LTD. can help you review your Arizona estate planning documents and determine whether they still accomplish what you intend.
About Ilene L. McCauley
Ilene L. McCauley, Esq. is a Scottsdale, Arizona estate planning attorney and the founder of the Law Office of Ilene L. McCauley, LTD.
Ilene has been a member of the State Bar of Arizona since 1982 and a Certified Specialist in Taxation recognized by the Arizona Board of Legal Specialization since 1983. She holds a Juris Doctor and a Master of Laws in Taxation.
She helps individuals and families throughout Arizona with estate planning, Wills, Trusts, probate and related planning matters.
Legal Disclaimer
The information in this article is provided for general educational and informational purposes only and is not legal advice. Estate planning and probate matters depend upon individual facts and circumstances, and laws may change.
Reading this article or contacting the Law Office of Ilene L. McCauley, LTD. does not create an attorney client relationship. You should consult with a qualified attorney regarding your individual circumstances before making legal or estate planning decisions.