Who Can Access the Electronic Will
Privacy protection is built into the electronic will framework. The qualified custodian cannot share the will with just anyone who asks. Strict access rules apply.
A qualified custodian shall provide access to or information concerning the electronic will in the electronic record or the certified paper original of the electronic will only to: 1. The testator or another person as directed by the written instructions of the testator. 2. After the death of the testator, the nominated personal representative of the testator or any interested person.
A.R.S. § 14-2522(A)While the testator is alive, they control who sees the will. Only the testator, or someone they have authorized in writing, can access it. No one else may view the will or learn its terms.
After the testator passes away, access opens up. The nominated personal representative and any interested person can request it. This typically includes beneficiaries, heirs, and creditors.
When the Record Can Be Destroyed
The custodian cannot destroy the record without following specific rules. The statute sets two timelines. The earlier one applies: one hundred years after the testator's death, or five years after the last will is admitted to probate and all appeals are done.
There is one exception. The testator can direct the custodian to destroy the record. They must do so in a writing with an electronic signature that meets the same requirements as an electronic will. The custodian must then cancel, render unreadable, or obliterate the record.
For families, these rules mean the will stays private during the testator's lifetime. After death, the right people have a clear path to access it. This helps estate administration move smoothly.