Does an Arizona will have to be witnessed?
Full Question:
Answer:
In Arizona, a legally enforcable will must meet the following requirements:
A will shall be:
1. In writing.
2. Signed by the testator (person making the will) or in the testator’s name by some other individual in the testator’s conscious presence and by the testator’s direction.
3. Signed by at least two witnesses, each of whom signed within a reasonable time after that person witnessed either the signing of the will or the testator’s acknowledgment of that signature or acknowledgment of the will. 14-2502.
However, requirement in this section, that a witness to a will sign the document within a reasonable time, permits a witness to sign the will after the testator’s death, provided the signing occurs within a reasonable time after witnessing the testator’s signature or acknowledgment of the will. Jung v. Jung (In re Jung), 210 Ariz. 202, 448 Ariz. Adv. Rep. 20, 109 P.3d 97, 2005 Ariz. App. LEXIS 48 (Ct. App. 2005).
