What Makes an Electronic Will Self-Proved
A self-proved will simplifies probate because the court can accept it without tracking down witnesses to confirm the signing. For electronic wills, Arizona adds three requirements on top of the standard self-proving rules under A.R.S. 14-2504.
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)The notary's electronic seal confirms the identities of the testator and witnesses. The qualified custodian requirement ensures the document has been stored securely and has not been tampered with. If the electronic will leaves the custodian's control at any point before probate, it loses its self-proved status.
The Affidavit Form
Arizona law prescribes a specific affidavit form for self-proving electronic wills. The testator and witnesses swear under oath that the will was signed willingly, that each witness was in the physical or electronic presence and hearing of the testator, and that the testator was at least eighteen years of age, of sound mind, and under no constraint or undue influence.
This affidavit is built into the electronic will at the time of execution. It replaces the need for live testimony later, saving families time and legal expense during probate. For anyone considering an electronic will, making it self-proved from the start is worth the additional step.
