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A.R.S. § 14-2504

Self-Proved Wills in Arizona: What They Are and Why They Matter

Verified April 4, 202657th Legislature, 1st Regular Session

A self-proved will includes sworn affidavits from the testator and the witnesses, made before an authorized officer. This removes the need to track down witnesses during probate, making the process faster and smoother for the family.

Title 14, INTESTATE SUCCESSION AND WILLS

azleg.gov

How a Will Becomes Self-Proved

A standard witnessed will meets the basic validity requirements, but a self-proved will goes one step further. By adding sworn statements from the testator and both witnesses before an authorized officer, typically a notary public, the will essentially vouches for itself. This is one of the most valuable steps in the estate planning process.

A will may be simultaneously executed, attested and made self-proved by its acknowledgment by the testator and by affidavits of the witnesses if the acknowledgment and affidavits are made before an officer authorized to administer oaths under the laws of the state in which execution occurs and are evidenced by the officer's certificate, under official seal.

A.R.S. § 14-2504(A)

This can happen at the time the will is signed, or it can be done afterward. Either way, the affidavits confirm under oath that the testator signed willingly, was of sound mind, and was not under undue influence. The testator and the witnesses each provide their statements as part of the legal documents that accompany the will.

Why Self-Proving Matters During Probate

Without a self-proving affidavit, the court may need testimony from the witnesses to validate the will during the probate process. If years have passed, witnesses may be difficult to locate, may have moved out of state, or may have passed away themselves. A self-proving affidavit removes that obstacle entirely.

A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will's due execution.

A.R.S. § 14-2504(C)

This provision also serves as a safety net. If there is any question about whether a signature on the will itself is valid, a signature on the attached affidavit counts as a signature on the will. It is a small detail that can prevent significant headaches during estate settlement.

Under Arizona law, having the testator sign the will and the affidavit at the same time, in front of a notary public, is the most efficient approach. It turns what could be a multi-step process into a single appointment. For families going through probate, a self-proved will means fewer delays, lower costs, and less stress.

14-2504. Self-proved wills; sample form; signature requirements A. A will may be simultaneously executed, attested and made self-proved by its acknowledgment by the testator and by affidavits of the witnesses if the acknowledgment and affidavits are made before an officer authorized to administer oaths under the laws of the state in which execution occurs and are evidenced by the officer's certificate, under official seal, in substantially the following form: I, _______________, the testator, sign my name to this instrument this _____ day of _______________, and being first duly sworn, do declare to the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly, or willingly direct another to sign for me, that I execute it as my free and voluntary act for the purposes expressed in that document and that I am eighteen years of age or older, of sound mind and under no constraint or undue influence. Testator We, _______________, _______________, the witnesses, sign our names to this instrument being first duly sworn and do declare to the undersigned authority that the testator signs and executes this instrument as his/her will and that he/she signs it willingly, or willingly directs another to sign for him/her, and that each of us, in the presence and hearing of the testator, signs this will as witness to the testator's signing and that to the best of our knowledge the testator is eighteen years of age or older, of sound mind and under no constraint or undue influence. Witness Witness Subscribed, sworn to and acknowledged before me by the testator, and subscribed and sworn to before me by the witnesses. B. An attested will may be made self-proved at any time after its execution by its acknowledgment by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which the acknowledgment occurs and evidence...

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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