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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
wills; electronic signatures; requirements
Purpose
Allows the witnesses of an electronic will signing to be electronically present.
Background
An electronic will must: 1) be created and maintained in an electronic record; 2) contain the electronic signature of the testator or the testator's electronic signature made by some other individual in the testator's conscious presence and by the testator's direction; 3) contain the electronic signatures of at least two persons, each of whom were physically present with the testator when the testator electronically signed the will, acknowledged the testator's signature or acknowledged the will and electronically signed the will within a reasonable time after the person witnessed the testator signing the will, acknowledging the testator's signature or acknowledging the will; 4) state the date that the testator and each of the witnesses electronically signed the will; and 5) contain a copy of a government-issued identification card of the testator that was current at the time of execution of the will. In addition to these requirements, a self-proving electronic will must also: 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; and 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. §§ 14-2518 and 14-2519).
A person must 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. A person may not cease serving as a qualified custodian until a successor qualified custodian executes the statutorily prescribed written statement. If a testator designates a successor qualified custodian in writing executed with the same formalities required for the execution of an electronic will and the successor qualified executes the prescribed written statement, the person serving as a qualified custodian must cease serving in that capacity and provide the successor qualified custodian with the electronic record and the prescribed affidavit (A.R.S. § 14-2521).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the witnesses of an electronic will signing to be electronically present.
2. Specifies that, if the outlined witnesses are electronically present with the testator when the testator electronically signed the will, the witnesses acknowledge the testator's signature or acknowledge the will, the witnesses must be physically located within the United States at the time of serving as a witness.
3. Prescribes the affidavit form for an attested self-proving electronic will.
4. Allows the written statement a person executes affirmatively agreeing to serve as the qualified custodian of an electronic will to be executed by an electronic signature and maintained as an electronic record.
5. Requires an electronic will to be created and maintained in an electronic record that is readable as text at the time of signing.
6. Defines electronically present as two or more individuals who are in a different physical location and who are communicating by means of technology that enables all individuals to see and hear each other in real time to the same extent as if the individuals were physically present in the same location.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
House Action
COM 1/24/23 DP 10-0-0-0
3rd Read 2/21/23 60-0-0
Prepared by Senate Research
March 21, 2023
ZD/SB/sr