The Basic Rule for Will Witnesses
The witnesses requirements for a will are straightforward in most cases. Arizona law says any person who is generally competent may act as a witness. There is no minimum age of 18 years specified in the statute. There is no requirement that the witness be an Arizona resident. Friends and neighbors can serve in this role.
A person who is generally competent to be a witness may act as a witness to a will.
A.R.S. § 14-2505(A)The standard is simple: if a person could testify in court, they can witness a will. The testator must be of sound mind at the time of signing. This keeps the process accessible while still ensuring the people signing understand what they are observing.
When a Witness Cannot Be a Beneficiary
For wills executed on or after October 1, 2019, Arizona added a critical safeguard. A person who is named as a beneficiary may not serve as a witness. Someone related by blood, marriage, or adoption to a beneficiary is also excluded. The one exception: if the will is made self-proving with a proving affidavit under A.R.S. 14-2504 or 14-2519, this restriction does not apply.
Unless the will is made self-proved as prescribed in section 14-2504 or 14-2519, a person may not act as a witness to a will if that person is a devisee under that will or is related by blood, marriage or adoption to a devisee under that will.
A.R.S. § 14-2505(B)Having an interested witness can invite challenges. If someone who inherits under the will also signed as a witness, it raises questions about whether the testator was acting freely. Making the will self-proving through a notarized affidavit eliminates this concern. It also streamlines probate admission.
For this section, "devisee" includes not just a person named directly in the will. It also covers a beneficiary of a trust that receives assets under the will. That broader definition closes a potential gap in the protection.