Independence Rules
To serve as a qualified custodian, a person must be independent from the will's contents. Under A.R.S. § 14-2520, the custodian cannot be related to the testator by blood, marriage, or adoption. They also cannot be a beneficiary under the electronic will or related to any beneficiary. This independence prevents conflicts of interest.
Storage and Security Duties
The custodian must use systems that protect records from destruction, alteration, and unauthorized access. Built-in detection for any changes is required. Along with the will itself, the custodian must store photos of the testator and witnesses. They must also keep copies of ID papers and an audio-video recording of the signing ceremony.
Starting and Ending Service
A qualified custodian must sign a written agreement before taking the role. If the custodian needs to step down, A.R.S. § 14-2521 requires one of two steps. They must either return a certified paper original to the testator or transfer the record to a successor custodian. A chain-of-custody affidavit is required for transfers. The custodian holds the will as a bailee. The will remains the testator's property at all times.