AZ ARS 14-2522: Electronic Record; Access; Destruction

Statutory Text (Verbatim)

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:

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.

Rule Summary

ARS § 14‑2522 strictly limits who may access an electronic will or its certified paper original, authorizes delayed destruction of the electronic record under specified conditions, and requires mandatory destruction upon a properly executed direction from the testator.

Permissible Access to the Electronic Will

A qualified custodian may provide access to, or information concerning, the electronic will only to:

• the testator, or another person designated by the testator’s written instructions, and
• after the testator’s death, the nominated personal representative or any interested person.

The statute does not authorize access to any other person or entity.

Permissive Destruction of the Electronic Record

A qualified custodian may destroy the electronic record at the earlier of:

1. one hundred years after the testator’s death, or
2. five years after:
   • the testator’s last will is admitted to probate, and
   • all appellate opportunities have been exhausted.

Destruction under subsection (B) is discretionary, not mandatory.

Mandatory Destruction on Testator’s Direction

If the testator directs destruction in a writing executed with the same formalities required for an electronic will, the qualified custodian shall:

• cancel,
• render unreadable, or
• obliterate

the electronic record.

This duty is mandatory and overrides any discretionary retention period.

Doctrinal Notes

• Section 14‑2522 reinforces the bailee‑only role of the qualified custodian by tightly controlling access and retention. See ARS 14-2521(G).
• The statute distinguishes between permissive destruction following long‑term custody and mandatory destruction directed by the testator.
• Access rights expand after death but remain statutorily bounded.