The Two Requirements
This is one of the most concise statutes in Arizona's probate code, but its simplicity is what makes it powerful. Two conditions. That is all it takes to have the legal capacity to make a will in Arizona.
A person who is eighteen years of age or older and who is of sound mind may make a will.
A.R.S. § 14-2501The age requirement is straightforward. The "sound mind" requirement, known legally as testamentary capacity, carries more weight. It generally means the person creating the will understands the nature and extent of their property, knows who their natural heirs are, and understands what a will does. It does not require perfect mental health or flawless memory.
What "Sound Mind" Does Not Mean
A common misconception is that any cognitive decline disqualifies someone from making a will. That is not the case. A person diagnosed with early-stage dementia, for example, may still have testamentary capacity during lucid intervals. The question is whether, at the moment the will is signed, the person understands what they are doing.
This is one of the reasons will contests sometimes focus on testamentary capacity. A family member who believes the will was signed during a period of confusion or under undue influence can challenge its validity. Proper estate planning, including having witnesses, using a self-proving affidavit, and working with experienced professionals, helps protect against those challenges.
For anyone who meets these two requirements, the right to make a will is fundamental. It is how you ensure your wishes are honored rather than leaving the decision to Arizona's default intestacy rules.
