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A.R.S. § 14-2518

Electronic Wills: What Makes One Valid

Verified April 4, 202657th Legislature, 1st Regular Session

Electronic wills are legally permitted in this state, but only if they meet specific requirements. The testator must have electronically signed the document, and two witnesses must also sign. The will must include a current government ID and state the date each person signed.

Title 14, INTESTATE SUCCESSION AND WILLS

azleg.gov

The Five Requirements for a Valid Electronic Will

Creating a will on a screen instead of on paper is legally permitted, but the process is not as simple as typing your wishes into a document. A.R.S. 14-2518 sets five distinct requirements that must all be met for an electronic will to hold up.

An electronic will must meet all of the following requirements: 1. Be created and maintained in an electronic record that is readable as text at the time of signing. 2. Contain the electronic signature of the testator or the testator's electronic signature made by some other individual in the testator's conscious presence and by the testator's direction.

A.R.S. § 14-2518(A)(1)-(2)

The will must be readable as text when the testator electronically signed it. It must carry the testator's electronic signature, or one made by someone else in the testator's conscious presence and at their direction.

At least two witnesses must also sign electronically. Each witness must have been physically present or electronically present with the testator at the time of signing. If a witness participates electronically, they must be physically located within the United States.

The will must state the exact date that the testator and each witness electronically signed. It must also include a copy of the testator's current government-issued identification card.

Same Rules as a Paper Will, With a Few Additions

Except as provided in this section and sections 14-2519, 14-2520, 14-2521, 14-2522 and 14-2523, any question raised about the force, effect, validity and interpretation of an electronic will shall be determined in the same manner as a question regarding a paper will executed pursuant to section 14-2502.

A.R.S. § 14-2518(B)

Once an electronic will meets all the statutory requirements, it carries the same legal weight as a traditional paper will. Courts interpret and enforce it under the same rules. The electronic format does not change what the will can do or how disputes are resolved.

If needed, the electronic will can later be converted into a certified paper original for court use. This conversion process is covered by A.R.S. 14-2523.

One important limitation: this statute does not apply to trusts, except for a testamentary trust created within an electronic will. A revocable living trust is a separate document governed by different rules.

14-2518. Electronic will; requirements; interpretation A. An electronic will must meet all of the following requirements: 1. Be created and maintained in an electronic record that is readable as text at the time of signing. 2. Contain the electronic signature of the testator or the testator's electronic signature made by some other individual in the testator's conscious presence and by the testator's direction. 3. Contain the electronic signatures of at least two persons, each of whom met all of the following requirements: (a) Was physically present or electronically present with the testator when the testator electronically signed the will, acknowledged the testator's signature or acknowledged the will. (b) Electronically signed the will within a reasonable time after the person witnessed the testator signing the will, acknowledging the testator's signature or acknowledging the will as described in subdivision (a) of this paragraph. (c) If electronically present with the testator when the testator electronically signed the will, acknowledged the testator's signature or acknowledged the will, was physically located within the United States at the time of serving as a witness. 4. State the date that the testator and each of the witnesses electronically signed the will. 5. Contain a copy of a government-issued identification card of the testator that was current at the time of execution of the will. B. Except as provided in this section and sections 14-2519, 14-2520, 14-2521, 14-2522 and 14-2523, any question raised about the force, effect, validity and interpretation of an electronic will shall be determined in the same manner as a question regarding a paper will executed pursuant to section 14-2502. C. This section does not apply to a trust except a testamentary trust created in an electronic will.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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