Skip to main content

Testator

Estate Documents

The person who makes a will; the female form 'testatrix' is no longer commonly used.

A testator is the person who creates and signs a will. The role triggers all the formalities of will execution and ultimately determines whether the will is valid.

Arizona Requirements to Be a Testator

Under Arizona law, a person must be at least 18 years old and of sound mind to make a valid will. Sound mind means the testator understands the nature of making a will, knows what property they own, knows who their close family members are, and understands how the will distributes the property.

Will Execution Formalities

A valid Arizona will under A.R.S. 14-2502 requires the testator's signature plus two competent witnesses, or it must be a holographic will (handwritten and signed by the testator). Adding a self-proving affidavit at the time of signing makes probate faster and cheaper.

Capacity Disputes

Will contests often allege the testator lacked capacity at the moment of signing. Documenting the signing carefully, using independent witnesses, and obtaining a contemporaneous physician note when capacity could be questioned all help defend the will later.

Related Services

Get Started Today

Need Help With Your Estate Plan?

RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

(480) 346-3570