Gilbert, AZ asked in Estate Planning and Probate for Arizona

Q: Can a will be in the form of a text message from the deceased?

My cousin passed and intended.tonpass along everything to me he stated this in a text. He was not able to complete a formal will prior to his passing.

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1 Lawyer Answer

A: A text message is not a will in Arizona. In most cases in Arizona, a valid will must be signed by the decedent and witnessed. Or it must be wholly in the decedent's handwriting and signed by the decedent. Your text message appears to be an indication of the decedent's intent at the end of life. If the decedent was mentally competent at the time of sending, family members sometimes will honor such expressions of intent. But they are not obligated to.

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