Arizona Laws 14-2520. Qualified custodian
A qualified custodian of an electronic will:
Terms Used In Arizona Laws 14-2520
- Court: means the superior court. See Arizona Laws 14-1201
- Devisee: means a person designated in a will to receive a devise. See Arizona Laws 14-1201
- Electronic: means having electrical, digital, magnetic, optical, electromagnetic or similar capabilities. See Arizona Laws 14-1201
- Electronic record: means a record that is created, generated, sent, communicated, received or stored by electronic means. 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Person: means an individual or an organization. See Arizona Laws 14-1201
- Qualified custodian: means a person who fulfills the requirements of section 14-2520. See Arizona Laws 14-1201
- 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. May not be related to the testator by blood, marriage or adoption.
2. May not be a devisee under the electronic will or related by blood, marriage or adoption to a devisee under the electronic will.
3. Shall consistently employ and store electronic records of electronic wills in a system that protects electronic records from destruction, alteration or unauthorized access and detects any change to an electronic record.
4. Shall store in the electronic record of an electronic will each of the following:
(a) A photograph or other visual record of the testator and the attesting witnesses that was taken contemporaneously with the execution of the electronic will.
(b) A photocopy, photograph, facsimile or other visual record of any documentation that was taken contemporaneously with the execution of the electronic will and provides satisfactory evidence of the identities of the testator and the attesting witnesses, including documentation of the methods of identification used.
(c) An audio and video recording of the testator, attesting witnesses and notary public, as applicable, taken at the time the testator, each attesting witness and notary public, as applicable, placed the person‘s electronic signature on the electronic will.
5. Shall provide to any court that is hearing a matter involving an electronic will that is currently or was previously stored by the qualified custodian any information requested by the court pertaining to the qualifications of the qualified custodian and the policies and practices of the qualified custodian concerning the maintenance, storage and production of electronic wills and may be called by an interested party to serve as a fact witness regarding the maintenance, storage and production of electronic wills.