Who Can Make a Will in Arizona

The Two Requirements

This is one of the most concise statutes in the probate process, but its simplicity is what makes it powerful. Two conditions are all it takes to have the legal capacity to make a valid will in Arizona.

The age requirement is straightforward. You must be at least 18 years old. The "sound mind" requirement, known legally as testamentary capacity, carries more weight. It generally means you understand the nature and extent of your property, know who your natural heirs are, and understand what a will does.

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 by the testator, the person understands what they are doing.

Under state laws governing probate in Arizona, the standard for sound mind is not as high as many people assume. You do not need perfect mental health or flawless memory. You need enough understanding to make informed decisions about your personal property and who should receive it.

Why This Matters for Families

For parents with minor children, making a will is one of the most important steps in the estate planning process. A will lets you name a guardian for your children and direct how your assets are handled on their behalf. Without a valid will, those decisions fall to the probate process and the court's default rules.

Will contests sometimes focus on testamentary capacity. A family member who believes the will was signed during a period of confusion can challenge its validity. Proper 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 default intestacy rules.