Understanding the Legal Requirements for Wills in Arizona, Iowa, and Nebraska

Creating a legally valid will is one of the most important steps you can take to protect your assets and ensure your wishes are followed after your passing. However, the requirements for drafting and executing a will vary by state. If you live in Arizona, Iowa, or Nebraska, knowing these state-specific requirements is essential to avoid disputes or complications for your heirs.

This article provides an overview of the legal requirements for wills in each of these three states, including the criteria for validity, witnessing rules, and special considerations.

1. Requirements for Wills in Arizona

Arizona’s laws regarding wills are governed by Title 14 of the Arizona Revised Statutes (ARS). Arizona recognizes formal (written) wills, holographic (handwritten) wills, and, in rare cases, wills created under special circumstances.

Key Requirements for a Valid Will

1. Age and Capacity:
   • The testator (the person creating the will) must be at least 18 years old.
   • The testator must also be of sound mind, meaning they understand the nature of their assets and who their beneficiaries are.
2. Written Document:
   • A will must be in writing, either typed or handwritten.
3. Signature:
   • The testator must sign the will.
   • If the testator is physically unable to sign, someone else may sign the will on their behalf at the testator’s direction.
4. Witnesses:
   • Arizona requires two witnesses who are present when the testator signs the will.
   • The witnesses must also sign the will in the presence of the testator and each other.
5. Holographic Wills:
   • A holographic will (one entirely written and signed by the testator) is valid without witnesses as long as the material provisions are in the testator’s handwriting.
6. Self-Proving Affidavit (Optional):
   • Arizona allows a will to be “self-proved” by attaching a notarized affidavit signed by the testator and witnesses. This simplifies the probate process.

2. Requirements for Wills in Iowa

Iowa’s laws regarding wills are outlined in Chapter 633 of the Iowa Code. Unlike Arizona, Iowa does not recognize holographic wills and also does not allow oral (nuncupative) wills under most circumstances.

Key Requirements for a Valid Will

1. Age and Capacity:
   • The testator must be at least 18 years old.
   • The testator must have the mental capacity to understand the nature of making a will, the extent of their assets, and the identity of their heirs.
2. Written Document:
   • The will must be in writing.
3. Signature:
   • The testator must sign the will.
   • If the testator cannot physically sign, someone else may sign on their behalf under their direction.
4. Witnesses:
   • Iowa requires two competent witnesses who are present at the time of the signing.
   • The witnesses must sign the will in the presence of the testator and each other.
5. Self-Proving Affidavit (Optional):
   • Iowa law allows for a will to be “self-proved” by attaching a notarized affidavit signed by the testator and witnesses.
6. Revocation and Changes:
   • A will can be revoked by creating a new will, destroying the original document, or through a written revocation.

3. Requirements for Wills in Nebraska

Nebraska’s requirements for wills are found in Chapter 30 of the Nebraska Revised Statutes (Uniform Probate Code). Nebraska recognizes formal and holographic wills but generally does not recognize oral wills.

Key Requirements for a Valid Will

1. Age and Capacity:
   • The testator must be at least 18 years old.
   • The testator must be of sound mind, meaning they understand the consequences of creating a will and the nature of their property and beneficiaries.
2. Written Document:
   • A will must be in writing.
3. Signature:
   • The testator must sign the will.
   • If the testator is physically unable to sign, they can direct someone else to sign on their behalf in their presence.
4. Witnesses:
   • Nebraska requires two witnesses who are present at the time the testator signs the will.
   • The witnesses must also sign the document in the presence of the testator and each other.
5. Holographic Wills:
   • Nebraska recognizes holographic wills, provided that the material portions and the signature are in the testator’s handwriting.
6. Self-Proving Affidavit (Optional):
   • A self-proving affidavit can be attached to the will, signed by the testator and witnesses, and notarized. This simplifies the probate process by eliminating the need for witness testimony during probate.
7. Revocation:
   • Nebraska allows wills to be revoked by physical destruction (such as tearing or burning), by executing a new will, or by a written declaration of revocation.

Key Differences Between States

While Arizona, Iowa, and Nebraska have many similarities in their will requirements, there are a few notable differences to keep in mind:

1. Recognition of Holographic Wills:
   • Arizona recognizes holographic wills without requiring witnesses, while Iowa and Nebraska do not allow these types of wills.
2. State-Specific Filing and Probate Rules:
   • Probate processes and timelines can vary significantly between these states, which may impact how quickly a will is executed after death.
3. Optional Self-Proving Affidavits:
   • While all three states allow for self-proving wills, the process and forms may differ slightly, so it’s important to follow each state’s guidelines to ensure compliance.

Common Mistakes to Avoid When Creating a Will

Regardless of the state, certain mistakes can render a will invalid or lead to disputes among heirs. Here are some common errors to avoid:

• Failing to Update the Will: Major life events, such as marriage, divorce, or the birth of children, may necessitate updates to your will.
• Improper Witnessing: If the witnessing requirements are not met, the will may be challenged in probate court.
• Ambiguous Language: Vague or contradictory provisions can lead to confusion and litigation.
• Excluding a Self-Proving Affidavit: Although optional, including a self-proving affidavit can save time and reduce legal challenges during probate.

Do You Need an Attorney to Create a Will?

While it’s possible to create a will without legal assistance, working with an attorney can help ensure that your will is valid and comprehensive. An attorney can also provide guidance on complex issues, such as tax planning, trusts, and guardianship provisions.

At Checketts Law, PLC, we have extensive experience helping clients in Arizona, Iowa, and Nebraska create wills that reflect their wishes and protect their loved ones. We can guide you through every step of the process, from drafting the will to ensuring compliance with state-specific laws.

Conclusion: Protect Your Legacy with a Valid Will

Creating a legally valid will is one of the most important steps you can take to safeguard your assets and provide for your loved ones. By understanding the requirements for wills in Arizona, Iowa, and Nebraska, you can avoid costly mistakes and ensure that your wishes are honored.

If you need assistance with estate planning or drafting a will, contact Checketts Law, PLC today at 888.686.6211. Our experienced professionals are here to provide personalized guidance and peace of mind. Schedule a consultation to get started on protecting your future.

**DISCLAIMER: Accessing or reading this post does not create an attorney-client relationship nor is the information offered as legal advice. Checketts Law, PLC only provides legal advice to clients, and a party becomes a client only after signing an engagement letter which has been signed by an attorney legally authorized to act on the firm’s behalf.