Estate plan

Arizona

Everything to plan your estate in Arizona: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Will

Trust

—

POA

1W + N

HC Directive

E-will

Adopted

Since 2019

RON

Since 2020

Remote online notarization

ROW

Some documents

Remote online witnessing

Community property

Yes

Minimum age

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses— = no formal requirements

Will

Ariz. Rev. Stat. §14-2501 et seq.

Witnesses: 2 required

Two witnesses must sign within reasonable time after witnessing testator's signing or acknowledgment

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Valid

Handwritten wills without witnesses are recognized in Arizona

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

Living Trust

Ariz. Rev. Stat. §25-211 et seq.

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

ViewCommunity property article

Adds an Article VI: Community Property Provisions covering classification of community vs. separate property, the surviving spouse's one-half interest, federal IRC §1014(b)(6) double-stepped-up basis, and record-keeping for traced contributions.

Durable Power of Attorney

Witnesses: 1 required

Arizona requires 1 witness for power of attorney execution

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

•Requires both one witness AND a notary. Ariz. Rev. Stat. §14-5501(D)

•Witness cannot be the agent, the agent's spouse, the agent's children, or the notary public (A.R.S. §14-5501(D)(3))

•§14-5501(D)(4) prescribes verbatim principal's affidavit and witness's affidavit forms; the durable POA is self-proving only if those affidavits are executed before a notary

ViewStatutory warning notice

NOTICE TO PRINCIPAL: THIS POWER OF ATTORNEY IS AN IMPORTANT LEGAL DOCUMENT. BY SIGNING IT, YOU ARE AUTHORIZING ANOTHER PERSON, KNOWN AS YOUR AGENT, TO ACT FOR YOU. BEFORE YOU SIGN THIS DOCUMENT YOU SHOULD KNOW THESE IMPORTANT FACTS: 1. This Power of Attorney is governed by the Arizona statutes authorizing powers of attorney, including A.R.S. §§14-5501 and 14-5506. Strict Arizona financial institutions and title companies routinely look for the cautionary language in this Notice on the face of the Power of Attorney before honoring an Agent's signature, even when the document is not the statutory short form. 2. Your Agent will be able to act for you with respect to your property and finances. The powers granted by this document are broad and sweeping and may include, depending on the powers you grant, the authority to spend, transfer, or sell your money and property, sign your name, deal with your real estate, change beneficiary designations, and create or change rights of survivorship, all without notice to you and even after you have lost capacity. 3. You should choose an Agent you trust completely. Your Agent must act in your best interest and according to your reasonable expectations to the extent actually known by the Agent, must keep your property separate from the Agent's own property, and must keep records of all transactions conducted on your behalf. Your Agent is liable for any damage or loss to you resulting from a violation of the Agent's duties under Arizona law. 4. This Power of Attorney does NOT authorize your Agent to make health care decisions for you. Health care decisions are governed by a separate health care power of attorney or advance directive. 5. You may revoke this Power of Attorney at any time while you have the capacity to do so by giving written notice to your Agent and to any third party that has been relying on the Power of Attorney. You should keep this Power of Attorney in a safe place, give a signed copy to your Agent, and tell anyone you choose where it is kept. 6. If there is anything about this Power of Attorney that you do not understand, you should consult an Arizona-licensed attorney before signing.

Health Care Power of Attorney

Ariz. Rev. Stat. §36-3221 et seq. (§36-3201 contains definitions; §36-3221 is the execution statute; §36-3224 provides the sample form)

Witnesses: 1 required, or notary

Arizona accepts either 1 witness or notarization

Notarization: Accepted as alternative

A notary public may be used in lieu of a witness

Document sections

HIPAA authorization

State-specific notes

•Witness cannot be the agent or a provider involved in the principal's care

•Under A.R.S. §36-3221(D), when the principal uses only one witness (no notary), that witness must not be related to the principal by blood, marriage, or adoption, and must not be entitled to any part of the principal's estate by will or by operation of law at the time the HCPOA is executed

Plus

6 more documents with Will.com Plus

$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.

Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. Plus

Free

Plus

All 4 state-specific documents

State-specific signing guide

Download as PDF, print forever

Covers real estate, business, digital, and funeral wishes

Disposition of remains authorization

Standalone HIPAA authorization

Nomination of conservator

Business succession declaration

Real-estate retitling checklist

Special needs trust provisions

Letter of instruction, pre-filled and editable

Edit anytime, stored in your account

Annual review reminder

See Will.com Plus →

Community property

Arizona is a community property state. Assets acquired during marriage are jointly owned by both spouses. This affects every document in your estate plan.

Married couples should consider how community property rules interact with their will, trust, power of attorney, and healthcare directive to ensure consistent coverage.

Electronic will status

Arizona has adopted electronic will legislation (2019). You may be able to create, sign, and witness a will electronically using approved methods.

Digital assets access

Arizona has adopted RUFADAA (2016). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Arizona authorized RON in 2020.

Will

Allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Arizona allows remote online witnessing for some estate planning documents. Witnesses can observe your signing over a live video call instead of being physically present. Remote witnessing in Arizona is authorized only for electronic wills under A.R.S. §§14-2518 and 14-2519. No Arizona statute authorizes remote witnessing for trusts, durable POAs, or health care powers of attorney; remote online notarization of those documents is permitted, but the in-person witness requirement remains.

Will

Allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

Last reviewed: May 11, 2026.

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Arizona for guidance specific to your situation.

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