Arizona charges no state estate tax and no inheritance tax, so only very large estates face any tax exposure, and only at the federal level. A valid Arizona will must be in writing, signed by the testator, and signed by two witnesses who are not beneficiaries of that document.
Arizona repealed its state estate tax in 2006, which makes the state relatively simple from a tax standpoint, but the underlying documents you need are the same as anywhere else: a will, a durable power of attorney, a health care directive, and often a revocable living trust to avoid probate. FastWill's online will builder is built to walk you through Arizona's specific witness and signature rules so the document holds up in probate court.
Does Arizona Have an Estate Tax or Inheritance Tax
No. Arizona does not impose an inheritance tax, estate tax, or gift tax on anyone who died after 2004, and the state estate tax was permanently repealed in 2006. The only tax that can reach an Arizona estate is the federal estate tax, which applies only to estates above $15 million per person for deaths in 2026. For most Arizona families, that means state and federal estate tax planning is a non-issue, though it is still worth confirming with a tax professional if you own a business or out-of-state property.
How to Make a Valid Will in Arizona
Under Arizona Revised Statutes 14-2502, a will must be in writing, signed by the testator or by someone else in the testator's conscious presence and at their direction, and signed by at least two witnesses. Each witness must either see the testator sign or be told by the testator that the signature is theirs, and each witness must sign in the presence of the testator and the other witness. Arizona also disqualifies witnesses who are related by blood, marriage, or adoption to a beneficiary named in the will, so choose witnesses who have no financial stake in your estate.
- Be at least 18 years old and of sound mind
- Put your wishes in writing rather than relying on an oral statement
- Sign in front of two disinterested witnesses
- Name an executor (called a personal representative in Arizona) and a guardian for minor children
What Happens if You Die Without a Will in Arizona
Arizona is a community property state, which changes how intestacy works compared to most of the country. If you die without a will, your share of community property (generally, assets acquired during the marriage) goes entirely to your surviving spouse. Separate property, meaning what you owned before the marriage or received individually as a gift or inheritance, may be split between your spouse and children depending on whether those children are also the spouse's children. Unmarried partners and friends receive nothing under Arizona intestacy law, regardless of how long you were together.
Trusts and Probate in Arizona
Arizona probate can be handled through informal, formal, or supervised proceedings depending on how straightforward the estate is, and informal probate for an uncontested estate can move relatively quickly compared to court systems in other states. A revocable living trust lets real estate and other titled property bypass probate entirely, which matters most for Arizona residents who own property in more than one state, since out-of-state real estate can otherwise trigger a second, ancillary probate proceeding.
A will alone is enough for many single-property households, especially when paired with beneficiary designations on retirement accounts and life insurance. If you are weighing the two tools, our guide to the difference between a will and a trust breaks down when each one makes sense.
Powers of Attorney and Health Care Directives
A durable financial power of attorney lets a trusted agent manage your bank accounts, pay bills, and handle real estate transactions if you become unable to do so yourself. A health care power of attorney and a living will (Arizona calls the combined document a health care directive) record your treatment preferences and name someone to make medical decisions if you cannot speak for yourself. Arizona also allows a mental health care power of attorney as a separate document, which is worth discussing with an attorney if that applies to your situation.
If you or a family member recently relocated, our guide on updating your will, trust, and power of attorney after moving to a new state covers what needs a fresh look.
Frequently Asked Questions
Do I need a notary for my Arizona will
No, Arizona does not require notarization for a will to be valid, only two qualified witnesses. Many people do add a self-proving affidavit, which is notarized and can speed up probate by letting the court skip calling the witnesses to testify.
Can my spouse be a witness to my will in Arizona
Arizona disqualifies witnesses who are related to a beneficiary by blood, marriage, or adoption, so a spouse who is also named in the will should not serve as a witness. Choose two disinterested adults instead.
Does Arizona have an inheritance tax
No. Arizona has not taxed inheritances since 2004 and has no current plans to reinstate one.
What is community property in Arizona
Community property is generally any asset either spouse acquires during the marriage, which both spouses own equally regardless of whose name is on the title. It affects both how you distribute property in a will and how intestacy law divides an estate.
How long does Arizona probate take
An uncontested informal probate in Arizona commonly resolves in a few months, while a contested or supervised estate can take a year or more. A properly funded trust can avoid the process for assets it holds.
Between the community property rules, the witness requirements, and the option of a trust for out-of-state property, Arizona estate planning has a few state-specific wrinkles worth getting right. See FastWill's plans and pricing to find the option built for your situation.
