Arizona Will Validity Considerations

Summary

In Arizona, a typed will must be signed by the testator and witnessed by two people to be valid. If a will lacks witness signatures, it may be considered invalid. However, the court might consider extrinsic evidence, such as emails or mirrored wills, to uphold the testators intent. If the will is not validated, the estate could default to intestacy laws. Consulting a probate attorney is advisable to explore options for admitting the will into probate as extrinsic evidence.

Full Conversation

If a person dies in arizona and leaves a typed will but the will is not witnessed and is hand signed. Will the court admit it as extrinsic evidence to the intent of the testor.
In Arizona, a typed will must be signed by the testator and witnessed by at least two people to be valid. Without witnesses, the will may be considered invalid. However, the court might consider it as extrinsic evidence for the testator's intent in some cases.
Do you have any other details about the will or the circumstances surrounding its creation?
The will leaves all of her estate to be split among * step children. The father of the children died a few years prior. Both the father and mothers wills mirror one another. One of the children has an email from the father stating that he and the testor decided to get their affairs in order, he attached blank copies of the mirrored wills, he state they ordered their tombstone, and made arrangements with the funeral home. The will stated that if either party out lives the other party by * their estate would go to the other spouse and if they died at the same time the estate would go to the kids. He also stated in the email where the will were going to be which is where they were found. After the father died the testor reprinted the will and signed it again but neglected to change the year in the document so she crossed it out wrote the correct year and initialed it.
In Arizona, a typed will typically needs to be signed by the testator and witnessed by two people to be valid. However, the information you provided, including the mirrored wills, the email, and journal entries, may help demonstrate the testator's intent. You might want to consult a probate attorney to evaluate the potential for admitting the will into probate as extrinsic evidence.
Is there any other aspect of this situation you need help with?
If a court found the will technically invalid due to lack of witness signatures could they uphold the testors intent based on extrinsic evidence or would the case automatically go to intestacy law in arizona
In Arizona, if a will is found invalid due to lack of witness signatures, the court may still consider extrinsic evidence to uphold the testator's intent. However, without clear validation, the estate could default to intestacy laws. Consulting a probate attorney would be crucial.
Do you need guidance on how to proceed with a probate attorney?