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.