A. In addition to the requirements of section 14-2504, to be self-proved, an electronic will must meet all of the following requirements:

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Terms Used In Arizona Laws 14-2519

  • Certified paper original: means a tangible medium that contains both the text of an electronic will and any self-proving affidavit concerning the electronic will and that is accompanied by an affidavit that is executed pursuant to section 14-2523. See Arizona Laws 14-1201
  • Electronic: means having electrical, digital, magnetic, optical, electromagnetic or similar capabilities. See Arizona Laws 14-1201
  • Electronic signature: means an electronic method or process that does both of the following:

    (a) Is attached to or logically associated with an electronic record and that is executed or adopted by a person with the intent to sign the electronic record. See Arizona Laws 14-1201

  • Electronic will: means a testamentary instrument that is executed and maintained on an electronic medium and that is executed in compliance with section 14-2518. See Arizona Laws 14-1201
  • Probate: Proving a will
  • Qualified custodian: means a person who fulfills the requirements of section 14-2520. See Arizona Laws 14-1201
  • State: means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico. See Arizona Laws 14-9101
  • Testator: A male person who leaves a will at death.
  • Testator: includes a person of either sex. See Arizona Laws 14-1201
  • Will: includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. See Arizona Laws 14-1201

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.

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.

B. Notwithstanding section 14-2504, subsection B, the affidavits for an attested self-proving electronic will shall be in substantially the following form:

We, ______________, _______________ and _______________, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn do declare to the undersigned authority that the testator signed and executed the instrument as the testator’s will and that he/she signed willingly, or willingly directed another to sign for him/her, and that he/she executed it as his/her free and voluntary act for the purposes expressed in this document, and that each of the witnesses, in the physical or electronic presence and hearing of the testator, signed the will as witness and that to the best of his/her knowledge the testator was at the time of signing eighteen years of age or older, of sound mind and under no constraint or undue influence.

____________________

Testator

____________________

Witness

____________________

Witness

The State of _________________

County of ____________________

Subscribed, sworn to and acknowledged before me by ____________, the testator, and subscribed and sworn to before me by ____________ and ____________, witnesses, this _____ day of _____________.

(Seal)

(Signed)______________________

______________________________

(official capacity of officer)