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A.R.S. § 14-2519

Self-Proved Electronic Wills: Streamlining Probate in Arizona

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

A self-proved electronic will can go to probate without witnesses testifying in court. To qualify, a notary must electronically sign and seal the record. A qualified custodian must store it and keep sole control until probate.

Title 14, INTESTATE SUCCESSION AND WILLS

azleg.gov

What Makes an Electronic Will Self-Proved

A self-proved will simplifies probate. The court can accept it without tracking down witnesses to confirm the signing. This can save families time and expense. Under Arizona law, three extra requirements apply on top of the standard self-proving rules.

In addition to the requirements of section 14-2504, to be self-proved, an electronic will must meet all of the following requirements: 1. Contain the electronic signature and electronic seal of a notary public placed on the will in accordance with applicable law. 2. Designate a qualified custodian to maintain custody of the electronic will. 3. Before being offered for probate or being reduced to a certified paper original, be under the exclusive control of a qualified custodian at all times.

A.R.S. § 14-2519(A)

A notary public must place an electronic signature and seal on the will. This confirms the identities of the testator and witnesses. The qualified custodian must store the electronic record securely and guard against tampering.

If the electronic will leaves the custodian's control before probate, it loses its self-proved status.

The Affidavit Form

Arizona law requires a specific affidavit form for self-proving electronic wills. The testator and witnesses swear under oath that the will was signed willingly. Each witness must confirm they were present with the testator.

The affidavit also requires each witness to confirm that the testator was at least 18 years old, of sound mind, and under no undue influence. This is the same standard that applies to paper wills.

This affidavit is built into the electronic will at the time of signing. It replaces the need for live testimony later. As a result, families save time and legal expense during probate.

14-2519. Self-proved electronic will A. In addition to the requirements of section 14-2504, to be self-proved, an electronic will must meet all of the following requirements: 1. Contain the electronic signature and electronic seal of a notary public placed on the will in accordance with applicable law. 2. Designate a qualified custodian to maintain custody of the electronic will. 3. Before being offered for probate or being reduced to a certified paper original, be under the exclusive control of a qualified custodian at all times. B. Notwithstanding section 14-2504, subsection B, the affidavits for an attested self-proving electronic will shall be in substantially the following form: We, ______________, _______________ and _______________, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn do declare to the undersigned authority that the testator signed and executed the instrument as the testator's will and that he/she signed willingly, or willingly directed another to sign for him/her, and that he/she executed it as his/her free and voluntary act for the purposes expressed in this document, and that each of the witnesses, in the physical or electronic presence and hearing of the testator, signed the will as witness and that to the best of his/her knowledge the testator was at the time of signing eighteen years of age or older, of sound mind and under no constraint or undue influence.

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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