By Kent Berk on September 8th, 2025 in Estate Litigation, LITIGATION, Probate, PROBATE LITIGATION, WILL CONSTRUCTION, WILL CONTESTS, WILL VALIDITY
Can “XO” Count as a Signature on a Will in Arizona?
We’ve all scribbled a quick note on a sticky pad. But in Arizona, a few words on a scrap of paper can spark major legal battles after someone passes away. A recent case shows why informal notes — no matter how heartfelt — often fail as valid wills.
The Case of the Sticky Notes
When Jamie Bixby died in 2023, two handwritten sticky notes were found on her coffee table. One said:
“I’m sorry, I just don’t have the tools for this. Beth gets everything.”
The second ended with “… maybe XO.”
A friend argued these notes were Jamie’s will and that the “XO” — meaning hugs and kisses — was her signature. But the Arizona Court of Appeals ruled otherwise. The notes weren’t valid as a will.
What Arizona Law Requires
Arizona law sets clear rules for making a valid will:
Formal (Witnessed) Will – Requires (A.R.S. § 14-2502):
- The will must be in writing,
- Signed by the person making the will, and
- Signed by two witnesses.
Holographic (Handwritten) Will – Allowed under (A.R.S. § 14-2503) if:
- The important parts of the will are in the person’s handwriting, and
- The will is signed by that person.
The sticky notes met the handwriting requirement but failed because they weren’t “signed.”
Why “XO” Wasn’t Enough
The court drew an important distinction:
- Testamentary intent – wanting a document to serve as your will (“Beth gets everything”).
- Signatory intent – signing the document to show it is truly yours and you adopt it as your will.
The sticky notes showed testamentary intent but lacked signatory intent. “XO” was viewed as a symbol of affection, not as a legal signature. Without a proper signature, the notes could not be enforced as a will. Because the notes weren’t valid, the court ruled that Jamie died intestate (without a will). That meant Arizona’s intestacy laws determined who inherited — in this case, her sisters, not her friend. This outcome was likely very different from what Jamie intended, but the law leaves no room for guesswork.
What This Means for You
- Handwritten notes aren’t enough. A valid will must meet Arizona’s legal requirements.
- Intent alone doesn’t count. Courts need a proper signature to confirm authenticity.
- Small mistakes cause big problems. Without the right formalities, estates can end up in disputes, costing time, money, and relationships.
How Berk Law Group Can Help
At Berk Law Group, P.C., we focus exclusively on probate, trust, and estate litigation and disputes. We’ve seen firsthand how unclear or informal documents can tear families apart. Our attorneys are here to:
- Challenge or defend handwritten (holographic) wills,
- Handle claims that a document isn’t valid, and
- Guide clients through Arizona’s strict probate laws.
We combine deep legal knowledge with compassion, because we know these disputes often involve not just money, but relationships and legacies. Contact us today for a consultation to discuss your case.
