AZ ARS 14-2518: Electronic Will; Requirements; Interpretation

Statutory Text (Verbatim)

ARS 14-2518. Electronic will; requirements; interpretation

A. An electronic will must meet all of the following requirements:

1. Be created and maintained in an electronic record that is readable as text at the time of signing.

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 met all of the following requirements:

(a) Was physically present or electronically present with the testator when the testator electronically signed the will, acknowledged the testator's signature or acknowledged the will.

(b) 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 as described in subdivision (a) of this paragraph.

(c) If electronically present with the testator when the testator electronically signed the will, acknowledged the testator's signature or acknowledged the will, was physically located within the United States at the time of serving as a witness.

4. State the date that the testator and each of the witnesses electronically signed the will.

5. Contain a copy of a government-issued identification card of the testator that was current at the time of execution of the will.

B. Except as provided in this section and sections 14-2519, 14-2520, 14-2521, 14-2522 and 14-2523, any question raised about the force, effect, validity and interpretation of an electronic will shall be determined in the same manner as a question regarding a paper will executed pursuant to section 14-2502.

C. This section does not apply to a trust except a testamentary trust created in an electronic will.

Rule Summary

ARS § 14‑2518 establishes the mandatory statutory requirements for creating a valid electronic will in Arizona and provides that, except as otherwise specified, questions of validity and interpretation are governed by the same rules applicable to paper wills.

Elements Required for an Electronic Will

An electronic will must satisfy all five of the following statutory conditions:

1. Electronic record: The will must be created and maintained in an electronic record that is readable as text at the time of signing.
2. Testator’s electronic signature: The will must contain:
   • the testator’s electronic signature, or
   • an electronic signature made by another person in the testator’s conscious presence and by the testator’s direction.
3. Two electronic witnesses: At least two witnesses must electronically sign, each of whom:
   • (a)was physically present or electronically present when the testator signed or acknowledged the will,
   • (b) signed within a reasonable time after witnessing the signing or acknowledgment, and
   • (c) if electronically present, was physically located within the United States at the time of serving as a witness.
4. Dating requirement: The will must state the date on which both the testator and each witness electronically signed.
5. Government identification: The will must contain a copy of a government‑issued identification card of the testator that was current at the time of execution.

Failure to satisfy any one of these requirements prevents the instrument from qualifying as an electronic will under § 14‑2518.

Interpretation Rule

Except as otherwise provided in ARS §§ 14‑2518 through 14‑2523, issues concerning the force, effect, validity, and interpretation of an electronic will are determined in the same manner as issues concerning a paper will executed under ARS § 14‑2502.

Scope Limit

ARS § 14‑2518 does not apply to trusts, except for a testamentary trust created in an electronic will.