Rules for a Valid Electronic Will
Under A.R.S. § 14-2518, an electronic will must be readable as text when signed. It must have the electronic signatures of both the testator and at least two witnesses. Each witness must be physically or electronically present with the testator at signing. If a witness joins electronically, they must be located within the United States.
The electronic will must also include a copy of the testator's current government-issued ID. Every electronic signature must show its date.
The Role of the Qualified Custodian
Arizona law requires a qualified custodian to store the electronic will securely. The custodian cannot be related to the testator or be a beneficiary under the will. They must use a system that blocks unauthorized access and detects any changes. Supporting records must also be kept. These include photos, ID copies, and audio-video recordings of the signing.
Practical Considerations
An electronic will that meets all rules is treated the same as a paper will. This applies to questions of validity, meaning, and legal effect. It can also be converted into a certified paper original for probate. Electronic wills offer convenience. However, the custody and record-keeping rules are significant. Working with an experienced estate planning professional helps ensure everything is done right.