The Five Requirements for a Valid Electronic Will
Creating a will on a screen instead of on paper is legally permitted in Arizona, 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 satisfied 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 it is signed. It must carry the testator's electronic signature, or an electronic signature made by someone else in the testator's conscious presence and at their direction. At least two witnesses must electronically sign, and 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 also state the exact date that the testator and each witness electronically signed. And it must 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. It simply changes the medium.
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.
