Detailed Answer

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Arizona for guidance on your specific situation.

1. Arizona’s Will-Execution Rules

Under Arizona law, a valid will generally must be:

Signed by the testator (the person making the will) in the presence of two witnesses, and
Attested by those witnesses who sign in the testator’s presence and each other’s presence. (ARS §14-2503).

If a document is entirely in the decedent’s handwriting and signed by them, it may qualify as a holographic will. Arizona recognizes holographic wills without witnesses if the material provisions and signature are in the testator’s own handwriting. (ARS §14-2504).

2. Determining Eligibility of Your Unwitnessed Will

Handwritten vs. Typed: If your will is entirely in the testator’s handwriting and signed, it may be a valid holographic will. Typed or printed wills without two witnesses usually do not qualify.
Content Review: Ensure the document names beneficiaries, describes assets, and includes a testamentary intent (e.g., “This is my last will and testament”).
Signature Verification: Identify two disinterested persons who can attest that the handwriting and signature belong to the decedent.

3. Steps to Probate Your Holographic Will

File a Petition for Probate: Submit an Arizona Superior Court probate petition in the county where the decedent lived. Use Form P-100 (Notice of Probate).
Submit the Will: Attach the original handwritten will to your petition.
Set Hearing: The court clerk will schedule an informal probate hearing. Informal probate is common when there is no dispute and assets are below certain thresholds.
Present Witnesses: At the hearing, produce two Arizona residents familiar with the decedent’s handwriting. They must testify under oath that the signature and material provisions are in the decedent’s handwriting. See ARS §14-2504.
Court Order: If the judge is satisfied, the court will issue Letters Testamentary appointing you as personal representative. You then have authority to gather assets, pay debts, and distribute property under the will.

4. What if Your Will Is Unwitnessed and Not Handwritten?

If a will is typed or printed and lacks both notarization and two witnesses, Arizona courts cannot admit it. In that case:

The estate will pass intestate (as if there were no will) under ARS §14-2101.
Heirs receive property according to Arizona’s intestacy laws, which may differ from the decedent’s wishes.

Helpful Hints

Gather multiple copies of the handwritten will in case the court requires duplicates.
Locate two credible witnesses with longstanding personal knowledge of the decedent’s handwriting.
File early—Arizona imposes time limits on probate filings after a person’s death.
Keep detailed records of all estate transactions and filings.
Consider informal probate if there is no contest; it is faster and less costly than formal probate.