Are Out-of-State Wills Valid in Arizona?
When you move to Arizona, updating your estate plan should be a top priority. Many new residents assume their wills remain valid, but small differences in state laws can cause major issues later during probate.
Most out-of-state wills are recognized under Arizona law, but that doesn’t mean they’re problem-free. Experienced Phoenix estate planning attorneys recommend reviewing your documents to confirm compliance with Arizona statutes. Each state has unique requirements, and even minor discrepancies may affect validity. According to FindLaw, most states recognize properly executed wills, but local validation rules still apply.
What Makes a Will Valid?
Arizona’s A.R.S. §14-2502 outlines the key requirements for a valid will. To ensure your will is legally enforceable, it must:
- Be written and signed by someone at least 18 years old.
- Be created voluntarily, without coercion or undue influence.
- Include signatures from two competent adult witnesses.
- Be dated and formatted correctly under Arizona law.
Although handwritten wills are allowed, they often face challenges in court. Having an attorney draft or review your will ensures accuracy, clarity, and full compliance with Arizona’s legal standards.
Types of Out-of-State Wills Arizona Recognizes
Non–Self-Proved Will
This type of will can be valid but requires extra steps. During probate, witnesses may need to testify to confirm the signing, which slows down the process and increases legal costs for your family.
Attorney-Prepared and Notarized Will
A will prepared and notarized by an attorney offers stronger legal protection. It reduces disputes, minimizes delays, and ensures your estate transfers according to your intentions.
Holographic Will
A handwritten (holographic) will may be valid if entirely written and signed by you. However, these wills often create confusion or disputes. Converting a handwritten will into a formal document drafted by an attorney strengthens enforceability and accuracy.
Why You Should Update an Out-of-State Will
Even if Arizona accepts your existing will, updating it prevents costly mistakes. If your will conflicts with Arizona statutes, the court could reject it, and your estate may be distributed under state intestacy laws instead of your wishes.
Update your will if you:
- Own property or financial accounts in Arizona.
- Experience a marriage, divorce, or major relationship change.
- Have or adopt children.
- Start or expand a business.
Each of these events can affect how your estate should pass to beneficiaries. Reviewing your documents with an estate planning attorney keeps them current and legally sound.
Work with Experienced Estate Planning Attorneys in Arizona
Out-of-state wills can create complications if not reviewed for Arizona compliance. A qualified attorney can evaluate your documents, make updates, and ensure smooth probate administration.
Metropolitan Law Group helps Arizona residents secure their legacies with clear, legally valid estate plans. Our team reviews existing wills, confirms compliance, and prepares new documents when needed. Contact us today or call 480-409-8200 to schedule your complimentary 15-minute Discovery Call with an experienced staff member.
