Here’s a fact that surprises a lot of people: in Arizona, a basic will doesn’t legally need to be notarized at all — it just needs two witnesses. So why do so many estate planning attorneys still recommend a trip to the notary? The answer is a document called a self-proving affidavit.
A basic Arizona will: witnesses, not a notary
To be valid in Arizona, a will generally needs to be in writing, signed by the person making it (the testator), and signed by two witnesses who watched the testator sign (or acknowledge the will). No notary is required for the will itself to be legally valid.
So what’s a self-proving affidavit?
A self-proving affidavit is a separate, optional statement attached to the will, in which the testator and witnesses swear — in front of a notary — that the will was properly signed and witnessed. Arizona law (A.R.S. § 14-2504) authorizes this affidavit specifically because of the advantage it provides later.
Unlike the will itself, the self-proving affidavit does require a notary — Arizona law calls for two witnesses and a notary public to sign it.
Witnessing vs. notarizing: what’s the actual difference?
It’s easy to conflate the two, but they’re different roles. A witness simply watches you sign the will and later signs it themselves to confirm they saw it happen — no ID check, no official seal. A notary, by contrast, verifies identity, confirms the signer is acting willingly, and applies an official seal that carries legal weight on its own. That’s why the self-proving affidavit — which relies on a notary’s verification — carries more evidentiary weight in court than witness signatures alone.
Why bother, if it’s optional?
Without a self-proving affidavit, if your will ever goes through probate, the court may need to track down your original witnesses to testify that they actually watched you sign — which can be difficult or impossible years later if a witness has moved, become unreachable, or passed away.
A self-proving affidavit heads this off. Because it’s a sworn, notarized statement made at the time of signing, probate courts can typically accept it as proof the will was properly executed, without needing to locate witnesses at all. That means a smoother, faster, and less expensive probate process for your family.
What happens if you skip it
Skipping the self-proving affidavit doesn’t invalidate your will — it just means your family may face extra steps during probate if a witness can’t be located or the will’s validity is ever questioned. For a simple, uncontested estate, this may never become an issue in practice. But for larger estates, blended families, or any situation where a dispute is even somewhat plausible, the extra 15 minutes with a notary is cheap insurance against a much costlier probate delay later.
What the appointment looks like
For a self-proving affidavit, the testator and both witnesses need to be present at the same time, along with valid photo ID for everyone signing. A mobile notary can come to your home or your attorney’s office so everyone can sign together in one sitting — convenient if witnesses have different schedules or if the testator has mobility limitations.
Do you need a new affidavit every time you update your will?
Generally, yes. If you execute a new will, or a codicil (an amendment to an existing will), it needs its own signing and witnessing — and if you want the self-proving benefit, its own notarized affidavit. An old self-proving affidavit attached to a superseded will doesn’t carry over automatically to a new one.
A note on holographic (handwritten) wills in Arizona
Arizona is one of the states that recognizes a holographic will — a will that’s entirely handwritten and signed by the testator, with no witnesses at all — as valid under A.R.S. § 14-2503, as long as the signature and the material provisions (who gets what) are in the testator’s own handwriting. Because there are no witnesses, a holographic will can’t have a self-proving affidavit in the usual sense, and its handwriting may face closer scrutiny in probate if it’s ever challenged. Most estate planning attorneys still recommend a formally witnessed and notarized will over a holographic one for exactly this reason.
Frequently asked questions
- Can my witnesses also be beneficiaries in my will? Arizona allows it, but it can create complications and possible legal challenges — many attorneys recommend using disinterested witnesses (people who don’t inherit anything) when possible.
- Does a self-proving affidavit need to be redone if I move to another state? Generally no — a validly executed Arizona self-proving affidavit is typically still recognized if you move, but state-specific will requirements can vary, so it’s worth a quick review with an attorney in your new state.
- Can I add a self-proving affidavit to an old will years later? Only if you can gather the original witnesses again to sign it with you in front of a notary — if that’s not possible, some states allow an alternative affidavit process, which is worth discussing with an attorney.
This article is for general information only and is not legal advice. Notary publics, including ours, are not attorneys and cannot advise you on which documents you need or how to complete them. For legal guidance specific to your situation, please consult a licensed Arizona attorney.
Need a notary who comes to you in Chandler, Gilbert, Mesa, Tempe, or Queen Creek? Call Executive Notary Services at (480) 582-5013 to schedule an appointment.
