AZ ARS-14-2520: Qualified Custodian

Statutory Text (Verbatim)

14-2520. Qualified custodian

A qualified custodian of an electronic will:

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.

Rule Summary

ARS § 14‑2520 defines who may serve as a qualified custodian of an electronic will and imposes mandatory independence, security, record‑retention, and disclosure obligations on the custodian.

Disqualification Rules

A person may not serve as a qualified custodian if the person:

• is related to the testator by blood, marriage, or adoption, or
• is a devisee under the electronic will, or related by blood, marriage, or adoption to a devisee.

These disqualifications are absolute.

System and Security Requirements

The qualified custodian must consistently employ a system that:

• protects electronic wills from destruction, alteration, or unauthorized access, and
• detects any change to an electronic record.

The statute mandates both preventive and detective safeguards.

Mandatory Stored Records

The electronic record of the electronic will must include all of the following, each taken contemporaneously with execution:

1. Visual record: A photograph or other visual record of the testator and the attesting witnesses.
2. Identity documentation: A visual record of documentation providing satisfactory evidence of the identities of the testator and witnesses, including documentation of the methods of identification used.
3. Audio‑video recording: A recording of the testator, attesting witnesses, and notary public, as applicable, taken at the time each placed an electronic signature on the will.

Failure to store any required record prevents compliance with § 14‑2520.

Court Access and Testimony

The qualified custodian:

• must provide to any court, on request, information regarding:
  • the custodian’s qualifications, and
  • the custodian’s policies and practices concerning maintenance, storage, and production of electronic wills; and
• may be called by an interested party to serve as a fact witness regarding those matters.

Doctrinal Notes

• Section 14‑2520 imposes ongoing custodial duties, not merely execution‑stage requirements.
• The statute ties electronic‑will validity and evidentiary reliability to post‑execution custody and system integrity.
• Custodians are positioned as potential witnesses, not neutral data repositories.