Can a Sticky Note Saying “XO” Transfer an Estate? An Arizona Court Says No.

Estate Planning

Have you ever been tempted to just write a quick note and leave it on your friend in case something happens? What happens if something actually happened to you and you passed away. Would your note, “All to my friend Carla, xoxo.” count as a will?According to a new case from the Arizona Court of Appeals (In re Estate of Jamie Leandra Bixby, 2025 WL 1909833 (Ariz. Ct. App. July 11, 2025)), the answer is no.This decision highlights something I’ve seen repeatedly in Arizona probate: people think their intent will carry the day. But under the law, how you express that intent matters just as much as what you intend.

The Case: Two Sticky Notes, Five Sisters, and a Legal Fight

Jamie Bixby died unexpectedly in 2023. When sheriff’s deputies entered her home, they found two handwritten sticky notes on her coffee table. One read:

“I’m sorry, I just don’t have the tools for this. Beth gets everything.”

The second note ended with:

“Also, sorry universe, thank you for the experience... maybe XO”

Beth Levendis, a close friend of Bixby’s, argued that these sticky notes were a handwritten will naming her as the sole beneficiary of the estate.

Bixby’s five sisters disagreed and filed for informal probate, stating no will had been found. A legal dispute followed over whether those two notes could function as a valid will under Arizona law.

What Is a Holographic Will?

A holographic will is a handwritten will that doesn’t have to be witnessed. Arizona recognizes this kind of will—but only under strict conditions. For a handwritten will to be valid in Arizona, it must:

• Be written entirely in the decedent’s own handwriting. This ensures authenticity without relying on formal execution procedures.

• Include material provisions that clearly distribute property. That means naming who gets what, not just vague statements.

• Be signed by the person who wrote it. A signature shows that the writer intended to finalize and adopt the will as their own.

So even if someone writes out their final wishes by hand, it won’t qualify as a will without a signature. That’s the issue the court had to resolve in Bixby’s case.

Why the “XO” Didn’t Count

Levendis argued that the “XO” at the end of the second sticky note was Bixby’s signature. She also provided examples of Bixby using “XO” in texts and letters to show it was part of her personal style.

But the court wasn’t persuaded.

The justices concluded that even where cases had interpreted an “X” as a valid signature, “XO”—commonly understood to mean “hugs and kisses”—was an expression of affection, not an attempt to authenticate the document. There were no other indicators that Bixby intended “XO” to serve as her legal signature. Her name wasn’t included anywhere on the notes. The documents weren’t dated. And no witnesses were present.

Ultimately, the court held that:

“[N]o reasonable person could conclude that Bixby used the mark with signatory intent.”
(In re Est. of Bixby, No. 2 CA-CV 2024-0366, 2025 WL 1909833, at *4 ¶16 (Ariz. Ct. App. July 11, 2025)at ¶16.)

Because the notes lacked a valid signature, they didn’t qualify as a holographic will—and the court never even got to the question of whether Bixby really wanted Beth to inherit.

Key Legal Takeaways for Arizona Residents

This case is more than just an odd probate story. It underscores a recurring theme in Arizona estate litigation: your intent isn’t enough if you don’t follow the rules.

Here’s what this ruling reinforces:

• A will is only valid if it meets Arizona’s statutory requirements. Even if someone’s wishes are clear, they can be disregarded if the legal format is incorrect.

• Expressions of love or intent don’t substitute for a signature. An affectionate phrase like “XO” might show emotion, but it doesn’t demonstrate that the writer meant to legally adopt the document as their final will.

• You must distinguish between testamentary intent and signatory intent. Wanting someone to inherit is not the same as properly executing the paperwork that ensures it happens.

These aren’t just technicalities—they’re protections. Courts need clear, reliable evidence to prevent fraud, forgery, and family disputes.

Don’t Let Sticky Notes Decide Your Legacy

As an estate planning attorney, I’ve seen what happens when people rely on casual notes, verbal promises, or informal documents. Probate court doesn’t fill in the gaps based on fairness—it applies the statute.

Here’s how to protect your wishes:

• Work with a lawyer to draft a valid, signed will that meets Arizona’s legal standards.

• Don’t rely on handwritten notes—especially those written in emotional moments without legal review.

• Update your estate plan regularly to reflect life changes, family dynamics, or new laws.

A few minutes of planning today can spare your loved ones months—or years—of court battles later.

Want to Get Your Estate Plan Right?

Whether you need to create a will, revise an old one, or understand how Arizona probate works, we can help. At Tyler Allen Law Firm, we work with individuals and families across Arizona to ensure their wishes are legally enforceable—and not left to chance.

Schedule a consultation to protect your estate and give your family peace of mind.