Arizona recognizes “holographic” wills. Those are documents that are entirely in the handwriting of an individual, and signed by that individual. So can you reduce your Arizona holographic will to be what we might call a sticky note will?
Well, in theory, yes. (Caution: Don’t try this at home). But there are still rules. Not every handwritten note will be a holographic will in Arizona.
Meet Jamie Leandra Bixby
Jamie Leandra Bixby sounds like she was quite a pistol. She was born in the small town of Globe, Arizona. She died in 2023 in Tonto Basin, about 50 miles northwest of Globe and even more rural. Her family had long roots in the area. Everyone knew her as Rusti. She was only 50 when she died. Her obituary paints a compelling picture of a lively, intelligent, fun person.
When Gila County sheriff’s deputies searched her home, they found two sticky notes on a coffee table. One read:
I’m sorry, I just don’t have the tools for this. Beth gets everything.
And the other note said:
Also, sorry universe, thank you for the experience …. maybe XO
Later, everyone agreed that “Beth” referred to Rusti’s friend Beth Levendis. So had Rusti left a valid holographic will? Does Beth receive all — or any portion — of Rusti’s estate?
The Probate Court says NO!
Rusti’s five sisters filed an application with the Probate Court alleging that Rusti had left no will. They would be her heirs, and divide her estate equally among themselves.
Actually, Rusti’s sisters were all half-sisters. But under Arizona law, the fact that they only shared one parent would not change the fact that they were sisters, and each would receive a full and equal share of the estate. And since Rusti had no spouse or children, and both of her parents were deceased, those five sisters were her only heirs.
Beth objected, and argued that the sticky notes amounted to a holographic will. If so, she would be the only beneficiary of the estate.
The probate judge in Globe (the county seat of Gila County) granted summary judgment in favor of Rusti’s sisters. The sticky note will, he ruled, was not a valid holographic will. Even if you read the two notes together, they do not satisfy the very few requirements of a handwritten will in Arizona.
Why not? Because there was no signature. But wait, Beth argued. A person can sign any document with an “X” — maybe even if they are in fact literate and normally sign with a more traditional signature. If the sticky notes can be shown to be in Rusti’s handwriting, doesn’t the “XO” at the end of the second note make it an effective holographic document? Is there any reason that a sticky note will would not be permissible in Arizona?
The Court of Appeals agrees with the Probate Judge
Beth appealed, and last month the Arizona Court of Appeals weighed in. Unfortunately for Beth, the appellate court agreed that at least this particular sticky note will was ineffective.
Yes, a holographic will could be signed with an “X”. And yes, at least in theory, one could write out their entire will on a sticky note (or, more likely, a set of sticky notes) and sign them with a signature or an “X”. But it is not clear that Rusti thought she was signing when she printed “XO”. That expression often means “hugs and kisses” or something similar. Everyone knows that, said the appellate judges. And there’s no reason to think Rusti was ignoring that meaning, even (maybe especially) from the context of her note.
“When Arizona courts have approved the use of a mark as a signature,” wrote the appellate judges, “it has been in circumstances where the nature of the mark and its context suggested the mark had been placed with signatory intent.” Rusti’s “XO” at the end of her note to the universe did not meet that requirement. Richter v. Whinery, July 11, 2025.
What is the legal message from the purported sticky note will?
We’ve said it before, and we want to say it clearly again. Don’t rely on do-it-yourself wills, and especially not holographic wills. Trying to compress the legal formalities of a will onto a sticky note is a foolish and fraught exercise. Even if it works, it’s likely to lead to confusion, uncertainty and litigation.
For the sake of argument, let’s assume that Rusti was despondent, unlikely to seek legal counsel, and at a loss for how to proceed. But she did have family and friends; her obituary alludes to the warmth of those relationships. She might not have wanted to talk to a lawyer about her very private plans and expectations. But in addition to leaving a legacy of unhappiness and strife, she failed to accomplish what appears to have been her last set of wishes. If she actually wanted to leave something to her friends, she managed to leave only further trouble.
