How to Confirm a Will Is the Original under Arizona Law
This FAQ-style article explains, in plain language, how to tell whether a paper will is the original document and what to do if you only have a copy. This is educational information only and not legal advice.
Detailed answer — what to check and the Arizona legal context
Under Arizona probate law, courts normally expect to see the original signed will when someone seeks to open probate. Arizona’s probate statutes are located in Title 14 of the Arizona Revised Statutes (Probate). For general background on how Arizona handles wills and probate, see the Arizona Revised Statutes, Title 14: https://www.azleg.gov/arsDetail/?title=14, and the Arizona Courts’ probate self-help overview: https://www.azcourts.gov/selfhelp/Probate.
Below are the practical steps you can take right away to determine whether the document you have is the original will or merely a copy, and what Arizona law typically requires if the original is missing.
1. Look for the testator’s original (wet) signature
An original will usually has the testator’s signature physically signed in ink (a “wet” signature) on the bottom or end of the will. Copies often reproduce the signature as an image; an original shows pen strokes, pressure marks, and may have ink bleeds or indentations. Hold the page up to light and look for indentations or ink texture.
2. Check for witness signatures and a self‑proving affidavit
Arizona requires that a will be witnessed to be properly executed. An original will normally contains the signatures of the subscribing witnesses (and sometimes their addresses). Many wills also include a notarized self‑proving affidavit attached to the will. A self‑proving affidavit is a sworn, notarized statement signed by the testator and witnesses that allows the will to be admitted to probate without calling the witnesses to testify. If the document has original notarization stamps and witness signatures, that favors authenticity.
3. Inspect the paper and printing
Look for signs that the paper is the original: consistent paper thickness, no two‑sided smudging from photocopying, and original staples, envelopes, or seals. Originals often have plain paper and original folds consistent with long‑term storage. Copies may show uniform toner patterns, pixelation, or machine color differences.
4. Ask about chain of custody — how you received it
Who gave you the will? Where was it kept? If the document changed hands (from the testator to an attorney, bank safe deposit box, or to a family member), ask for details and any receipts or records. A clear chain of custody strengthens the likelihood the document is original and unaltered.
5. Contact the witnesses or the person who drafted the will
If names of witnesses or the drafting attorney appear on the will, contact them and ask whether they remember signing the original and whether they have any notes or copies. A subscribing witness who testifies that they saw the testator sign the will can help prove authenticity if the original is later challenged.
6. Check whether someone already filed the original with the court
Sometimes the original will has already been filed with the superior court in the decedent’s county or with an attorney. Contact the Clerk of the Superior Court in the county where the decedent lived to ask whether an original will has been lodged or probated. The Arizona Courts self‑help site can help you find probate court contact info: https://www.azcourts.gov/selfhelp/Probate.
7. If the original is missing: how Arizona treats copies
If you only have a copy, Arizona law allows a copy to be admitted in certain situations, but proof is required. Typical paths include:
- Admission by a subscribing witness. A witness who signed the original will can testify that the will was properly executed and that the copy accurately reflects the original.
- Proving the original was lost or destroyed but not revoked. If the original cannot be produced because it was lost or destroyed, the court may admit a copy if the proponent presents evidence showing the original was validly executed and was not revoked.
Because courts expect clear proof when an original is missing, people in this situation commonly hire a probate attorney to prepare the necessary filings and witness affidavits.
8. When to involve a probate attorney
If you doubt the document’s authenticity, if the original is missing, or if there is family disagreement, contact an Arizona probate attorney. An attorney can advise how to collect evidence, how to contact witnesses, and whether to file a petition to admit a copy or to open a probate estate. The attorney can also explain local court practice in the county where probate is likely to be filed.
Bottom line: An original will usually has the testator’s handwritten signature, witness signatures, and (often) a notarized self‑proving affidavit. If you have only a copy, contact witnesses, check court records, document the chain of custody, and consult an Arizona probate attorney about petitioning the court to admit the copy or otherwise prove up the will.
Disclaimer: This is educational information about Arizona law only and not legal advice. Consult a licensed Arizona attorney for guidance about a specific situation.
Helpful hints
- Keep the document safe and in a dry place; do not alter, erase, or add any marks.
- Photograph the will (front and back) for your records, but keep the original stored safely.
- Look for an attached self‑proving affidavit (a notarized statement signed by the testator and witnesses). That speeds probate if the signed original exists.
- If you suspect a forgery or tampering, stop passing the document between parties and contact an attorney right away.
- Ask the local Clerk of Superior Court whether an original was filed or whether the court has procedures for safe custody of wills in that county.
- If you only have a copy, locate and speak with subscribing witnesses as soon as possible — their testimony can be the key to admitting the copy to probate.
- Collect any supporting evidence of execution you can find (emails, drafts, the testator’s stated intent, safe deposit box records, or attorney file notes).
- When in doubt, consult a probate attorney early. Arizona courts have specific procedures; timely legal help can prevent disputes and preserve evidence.