Tucson, AZ asked in Estate Planning and Probate for Arizona

Q: Is a holographic will valid if the testator is physically disabled, but is dictated and witnessed?

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2 Lawyer Answers
Douglas Price
Douglas Price
Answered
  • Estate Planning Lawyer
  • Tempe, AZ
  • Licensed in Arizona

A: What you describe does not sound like a holographic will, which is a will entirely in the handwriting of the person making it and signed by that person (even if not witnessed or notarized). So I believe that the short answer to your question is that the testator died without a will. As such, Arizona intestate laws decide who the beneficiaries of the estate will be. The Court will decide who will be in charge of the estate unless there is agreement among all heirs as to who the personal representative will be.

It sounds like you really need to see a lawyer soon regarding this case. Sooner is better than later at getting a probate filed without complications.

Anthony M. Avery agrees with this answer

Ilene L McCauley
Ilene L McCauley
Answered
  • Estate Planning Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

A: A holographic will may be valid, but they are very often prepared incorrectly. If the holographic will is prepared incorrectly, it may not be approved by the probate court. When that happens the law of default will apply. The family will have to apply for an intestate probate. Intestate means, without a valid Will. It also means that the State of Arizona, and not your loved one, will determine the beneficiaries of the estate.

I strongly recommend that you seek the advice of an estate planning attorney. That way your loved one's wishes can be carried out correctly.

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