When the Electronic Will Has Been in Custodial Care
The cleanest path to a certified paper original is when the will has stayed under qualified custodian control from the start. In that case, the custodian provides an affidavit covering six specific points.
On the creation of a certified paper original of an electronic will, if the electronic will has always been in the custody of a qualified custodian, the qualified custodian shall state in an affidavit all of the following: 1. That the qualified custodian is eligible to act as a qualified custodian in this state... 5. That the certified paper original is a true, correct and complete tangible manifestation of the electronic will.
A.R.S. § 14-2523(A)The affidavit confirms the custodian's eligibility. It also confirms the electronic record was created when the testator signed it. The custodian must verify the will has been under sole custodial control with no changes.
The custodian must list who has had custody. They must also confirm that all supporting records are under their control. The paper copy must be a true and complete version of the original.
When the Electronic Will Was Not Always Under Custodial Care
If the will was not always held by a qualified custodian, the process requires more documentation. Both the person who discovered the will and the person who converted it to paper must provide separate affidavits.
These affidavits must cover when the will was created and how it was discovered. They must describe who had access and how it was stored. They must also state whether safeguards were in place to prevent changes.
This extra scrutiny makes sense. Without chain-of-custody protections, the court needs more evidence to trust the document. For families who want to avoid these complications, keeping a qualified custodian from the start is the better path.