Is An Online Will Legally Valid in Arizona?

Online wills are legal in Arizona, but ensuring it’s "legal" comes with conditions. Creating the document online is only step one. Here's what else has to happen.

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You shouldn’t feel overwhelmed, FeedingBird will walk you through every step.  

What Makes an Online Will Legally Valid in Arizona?

Arizona is one of the more flexible states when it comes to wills. It accepts traditional printed wills signed by two witnesses, and it's also one of a handful of states that recognizes electronic wills, meaning a will created, signed, and witnessed entirely online, provided it's stored with a qualified custodian and signed electronically by the testator and two witnesses.

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Arizona also recognizes holographic, or handwritten, wills without any witnesses at all, as long as the signature and the sections listing your beneficiaries are in your own handwriting. You do not need to have it notarized to be legally valid, though it's needed for a self-proving affidavit.

What You Need to Know about Online Wills in Arizona

Arizona Property Laws

Arizona is a community property state. Property acquired during the marriage generally belongs equally to both spouses, so your spouse already owns half of it. Only your separate property, meaning what you owned before marriage or received as a gift or inheritance, plus your half of the community property, is affected by your will.

Arizona Probate

All wills go through probate in Arizona unless the estate qualifies for the state's expanded small estate affidavits. This includes any estate with personal property of $200,000 or less, or real property with $300,000 or less in equity. In other cases, you would need a revocable living trust to stay out of probate. Arizona dow not impose state estate or inheritance tax.

Avoiding Probate in Arizona

• A living trust lets stay out of probate, while guaranteeing full control over your estate as the trustee. Within the trust, you outline who will distribute your assets at the time of your death.  

• Put beneficiary designations on financial and retirement accounts to ensure ownership passes according to your wishes upon your death.  

• Title real estate with your spouse as community property with right of survivorship, so it passes directly without probate.

• Make sure to establish joint ownership with right of survivorship for property owned with someone other than a spouse.

Want to learn more about trusts in Arizona? Review what you get with a trust.