Who Can Access the Electronic Will
Privacy protection is built into Arizona's electronic will framework. The qualified custodian cannot share the will's contents or provide access to just anyone who asks.
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 document. Only the testator, or someone the testator has specifically authorized in writing, can access the electronic will or its contents. After the testator passes away, access opens to the nominated personal representative and any interested person, which typically includes beneficiaries, heirs, and creditors.
When the Record Can Be Destroyed
The custodian cannot destroy the electronic record on a whim. Arizona law sets two timelines, and the earlier one applies: one hundred years after the testator's death, or five years after the testator's last will is admitted to probate and all appellate opportunities have been exhausted.
There is one exception. If the testator directs the custodian to destroy the record in a writing executed with the same formalities required for an electronic will, the custodian must cancel, render unreadable, or obliterate the electronic record. This gives the testator control over revocation while ensuring casual or informal requests cannot lead to the loss of a valid will.
