Incorporation by Reference

Estate Documents

A legal method that lets your will include and give effect to a separate written document by specifically referring to it.

Incorporation by reference lets a testator bring the contents of a separate document into their will. Instead of rewriting everything in the will, the testator can refer to an outside document. That document then has the same legal effect as if it were part of the will.

How It Works Under Arizona Law

A.R.S. 14-2510 allows incorporation by reference when three rules are met. First, the document must already exist when the will is signed. Second, the will must clearly show the testator's intent to incorporate it. Third, the will must describe the document well enough to identify it.

If all three conditions are met, the referenced document becomes part of the will. The probate court treats its contents as if written directly in the will.

Common Uses

The most common use is for personal property lists. A testator might keep a separate list noting who should receive specific items. Examples include jewelry, furniture, art, or family heirlooms. The will references this list, and the list controls distribution of those items.

This approach is handy because changing the property list does not require re-signing the will. However, there is one key limit. The document must exist before the will is signed. Changes made after that date would not be valid unless the will is re-signed or a codicil is added.