Wills and estate planning in Arizona

Researched 2026-10-20 · confidence: high · 2026 figures

In plain words: in Arizona a will is valid when it's signed in front of 2 adult witnesses. There is no state estate tax. The federal estate tax exemption is $15,000,000 a person in 2026.

Witnesses to a will	2
Handwritten (holographic) will	Recognised
Self-proving affidavit	Available
Electronic wills	Allowed
Power of attorney	Notary + 1 witness
Health care directive	1 witnesses or a notary
State estate tax	No
State inheritance tax	No
Community property	Yes
Age of majority / UTMA age	18 / 21

Signing a will

Statute: A.R.S. § 14-2502.

For wills signed on or after Oct 1, 2019, a devisee, or anyone related by blood, marriage or adoption to a devisee (including a trust beneficiary under the will), may not act as a witness unless the will is made self-proved (A.R.S. § 14-2505(B)-(C)).

Holographic wills are valid if the signature and material provisions are in the testator's handwriting (§ 14-2503). Electronic wills are authorized by § 14-2518: two witnesses who are physically or electronically present and located in the US, plus a copy of the testator's ID. ALWAYS add the self-proving affidavit and use witnesses who are not beneficiaries or their relatives, because of § 14-2505(B). Community property state.

Power of attorney

Statute: A.R.S. § 14-5501 et seq..

§ 14-5501(D) requires: language clearly creating a POA and naming the agent; the principal's signature; ONE witness who is not the agent, the agent's spouse, the agent's child or the notary; and the principal's acknowledgment plus the witness's affidavit before a notary 'in substantially the following form' (that certificate wording is effectively mandatory). For durability, include language from § 14-5501(B). There is no statutory POA form.

Health care directive

Called: Health Care Power of Attorney and Living Will.

Statute: A.R.S. § 36-3221 et seq. (health care POA); § 36-3261 et seq. (living will).

The notary or witness cannot be the named agent or anyone directly involved in the principal's health care, and a sole witness also cannot be a relative or someone entitled to part of the estate (A.R.S. § 36-3221(C)-(D)).

A notary OR one qualifying adult witness is enough (§ 36-3221(A)(3)). Sample living will at § 36-3262. The AG's Life Care Planning packet is the state-published form. Directives can be filed in the Arizona Advance Directive Registry.

If there's no will: what a spouse gets

The entire intestate estate, covering both separate property and the decedent's half of community property (A.R.S. § 14-2102(1)).

A spouse's right to a share

No elective share; Arizona is a community property state, so the surviving spouse already owns half of the community property (A.R.S. § 25-211).

Estate and inheritance tax

No state estate tax.

No inheritance tax.

Probate

Light (UPC informal probate). For affidavits filed on or after Sept 26, 2025, the affidavit can collect up to $200,000 of personal property after 30 days, and an affidavit of succession can transfer up to $300,000 net of Arizona real property after 6 months (A.R.S. § 14-3971, as amended by HB 2116, 2025).

Official form: azag.gov.

Money God drafts a Arizona will, power of attorney and health care directive from a short interview, then you send it to your attorney for review before signing.

Try Money God free

Sources

Researched from state statutes and official forms. Laws change; this page is information, not legal advice. Every Money God draft is reviewed by a licensed attorney in your state before you sign it.