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A.R.S. § 14-2521

How a Qualified Custodian Begins and Ends Service in Arizona

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

A qualified custodian must sign a written agreement before storing an electronic will. If the custodian needs to step down, specific notice and transfer rules apply. These rules keep the electronic will protected during any transition.

Title 14, INTESTATE SUCCESSION AND WILLS

azleg.gov

Agreeing to Serve as Custodian

Before anyone can serve as a qualified custodian, they must sign a written statement. This statement confirms they agree to take on the role. It can be signed electronically and stored as an electronic record.

A person shall execute a written statement affirmatively agreeing to serve as the qualified custodian of an electronic will before the person may serve as a qualified custodian. The written statement may be executed by an electronic signature and maintained as an electronic record.

A.R.S. § 14-2521(A)

This is not a casual arrangement. The agreement creates a formal duty. The custodian holds the will as a bailee. This means the will remains the testator's property, not the custodian's.

At the time the testator signs the will, the custodian must already have this agreement in place. The custodian then stores the will and all related records.

Stepping Down: Two Paths

A custodian cannot simply walk away. The law provides two paths, depending on whether a successor has been named.

If no successor is designated, the custodian must give the testator thirty days' written notice. They must also return a certified paper original and all related records.

If a successor is designated, the outgoing custodian gives thirty days' notice to both the testator and the successor. They must transfer the electronic records and provide an affidavit confirming the chain of custody.

The affidavit must confirm that the record has not been altered since it was created. It must also list every custodian who has had custody since execution. This chain-of-custody record protects the will from tampering claims.

The testator can also replace the custodian directly. They do so by naming a successor in a writing that meets the same requirements as the electronic will. Once the successor agrees to serve, the outgoing custodian must transfer the record and the affidavit.

14-2521. Qualified custodian; agreement to serve; ceasing service A. A person shall execute a written statement affirmatively agreeing to serve as the qualified custodian of an electronic will before the person may serve as a qualified custodian. The written statement may be executed by an electronic signature and maintained as an electronic record. B. Except for a person ceasing to serve as provided in subsection C, paragraph 1 of this section, a person may not cease serving as a qualified custodian until a successor qualified custodian executes the written statement prescribed by subsection A of this section. C. A person serving as a qualified custodian may cease serving as a qualified custodian: 1. If the person does not designate a successor qualified custodian, by providing the testator with both of the following: (a) A thirty-day written notice that the person will cease to serve as a qualified custodian. (b) The certified paper original of the electronic will and all records concerning the electronic will. 2. If the person designates a successor qualified custodian, by providing all of the following: (a) A thirty-day written notice that the person will cease to serve as a qualified custodian to the testator and the successor qualified custodian. (b) To the successor qualified custodian, the electronic record of the electronic will and an affidavit that states all of the following: (i) That the person is eligible to act as a qualified custodian in this state and is the qualified custodian designated by the testator in the electronic will or was designated to act in that capacity by another qualified custodian pursuant to this paragraph. (ii) That an electronic record of the electronic will was created at the time the testator executed the electronic will. (iii) That the electronic record of the electronic will has been in the custody of one or more qualified custodians since the execution of the electronic will and has not been altered since the time it was created. (iv) The identity of all qualified custodians who have had custody of the electronic record of the electronic will since the execution of the electronic will. D. For the purposes of making the affidavit prescribed by subsection C, paragraph 2, subdivision (b) of this section, the person may rely conclusively on any affidavits provided by a predecessor qualified custodian if all of these affidavits are provided to the successor qualified custodian. E. If a testator designates a successor qualified custodian in a writing executed with the same formalities required for the execution of an electronic will and the successor qualified custodian executes the written statement prescribed by subsection A of this section, the person serving as qualified custodian shall cease serving in that capacity and shall provide the successor qualified custodian with both of the following: 1. The electronic record of the electronic will. 2. The affidavit prescribed by subsection C, paragraph 2, subdivision (b) of this section. F. If a qualified custodian is an entity, an affidavit of a duly authorized officer or agent of the entity constitutes the affidavit of the qualified custodian. G. A qualified custodian maintains an electronic will as a bailee, and the electronic will is the property of the testator and not the qualified custodian.

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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