AZ ARS 14-2519: Self-Proved Electronic Will

Statutory Text (Verbatim)

14-2519. Self-proved electronic will

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

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)

Rule Summary

ARS § 14‑2519 establishes the additional statutory requirements for an electronic will to be self‑proved and prescribes a statutory affidavit form applicable to attested self‑proving electronic wills.

Elements Required for a Self‑Proved Electronic Will

In addition to compliance with ARS § 14‑2504, an electronic will is self‑proved only if it:

1. Includes notarization: Contains the electronic signature and electronic seal of a notary public, placed in accordance with applicable law.
2. Designates a qualified custodian: Identifies a qualified custodian to maintain custody of the electronic will.
3. Maintains exclusive custodial control: Is under the exclusive control of the qualified custodian at all times before:
   • being offered for probate, or
   • being reduced to a certified paper original.

Failure to satisfy any of these requirements prevents the electronic will from attaining self‑proved status under § 14‑2519.

Statutory Affidavit Form

Section 14‑2519 supersedes ARS § 14‑2504(B) for attested self‑proving electronic wills and mandates that the affidavits be “in substantially the following form,” as set forth verbatim in subsection (B).

Doctrinal Notes

• Self‑proving status is conditional and depends on continuous compliance with the qualified custodian requirement through the pre‑probate period.
• The statute links self‑proving effect not only to execution formalities, but also to post‑execution custody and control.
• Reduction to a certified paper original ends the custodial‑control requirement but does not retroactively cure earlier noncompliance.