Arizona Laws 14-2522. Electronic record; access; destruction
A. 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:
Terms Used In Arizona Laws 14-2522
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- 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 record: means a record that is created, generated, sent, communicated, received or stored by electronic means. 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
- Interested person: includes any trustee, heir, devisee, child, spouse, creditor, beneficiary, person holding a power of appointment and other person who has a property right in or claim against a trust estate or the estate of a decedent, ward or protected person. See Arizona Laws 14-1201
- Person: means an individual or an organization. See Arizona Laws 14-1201
- Personal representative: includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status. 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
- 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
- Writing: includes printing. See Arizona Laws 1-215
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.
B. A qualified custodian may destroy the electronic record at the earlier of:
1. One hundred years after the testator’s death.
2. Five years after the testator’s last will is admitted to probate and all appellate opportunities have been exhausted.
C. A qualified custodian shall cancel, render unreadable or obliterate the electronic record if the testator directs the qualified custodian to do so in a writing executed with the same formalities required for the execution of an electronic will.