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A.R.S. § 14-2506

Choice of Law for Will Execution

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

Arizona recognizes wills that were validly executed under Arizona law. It also recognizes wills signed according to state laws where the testator lived, had a home, or held citizenship. A will signed in another state or country can still be valid here.

Title 14, INTESTATE SUCCESSION AND WILLS

azleg.gov

Arizona's Primary Execution Requirements

The starting point is simple. A paper will is valid in Arizona if it meets the requirements of A.R.S. 14-2502. The testator must sign and witness the document with at least two people present. An electronic will is valid if it complies with A.R.S. 14-2518. Those are Arizona's own standards.

A paper will is valid if it is executed in compliance with section 14-2502. An electronic will is valid if it is executed in compliance with section 14-2518.

A.R.S. § 14-2506(A)

But Arizona does not stop there. The statute recognizes that people move, travel, and create estate plans in different places. A will signed years ago in another state should not become invalid just because the testator later moved here.

When a Will From Another State or Country Still Counts

Arizona applies a generous choice-of-law rule. Even if a will does not meet Arizona's specific execution requirements, it is still valid under certain conditions. It must have been properly executed under the state laws of the place where the testator was physically present when signing. It also counts if executed under the law of a place where the testator was domiciled, had a home, or held citizenship at the time of execution or at death.

A paper will or an electronic will is valid if its execution complies with the law at the time of execution of the place where the testator is physically present when the testator executes the will, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national.

A.R.S. § 14-2506(B)

This is especially relevant for people who have moved here from other states or countries. A will executed in New York, California, or abroad does not need to be re-executed just because the testator now lives here. As long as it met the legal requirements of the place where it was signed or the testator lived, it holds up.

The testator must have been of sound mind and at least 18 years of age at the time of signing for most state laws to consider the will valid. Personal representatives named in the will should also be aware that their authority may need to be confirmed through Arizona probate procedures.

This statute only addresses whether the will was properly executed. It does not guarantee that every provision works as intended under Arizona law. For family members who have moved here, reviewing the will with counsel familiar with Arizona estate law is a sensible step. Without that review, intestacy laws could apply to assets that were supposed to pass to minor children or other beneficiaries.

A. A paper will is valid if it is executed in compliance with section 14-2502. An electronic will is valid if it is executed in compliance with section 14-2518. B. Notwithstanding subsection A of this section, a paper will or an electronic will is valid if its execution complies with the law at the time of execution of the place where the testator is physically present when the testator executes the will, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national.

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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