AZ ARS 14‑2523: Certified Paper Original of Electronic Will; Affidavits

Statutory Text (Verbatim)

14-2523. Certified paper original of electronic will; affidavits

A. On the creation of a certified paper original of an electronic will, if the electronic will has always been in the custody of a qualified custodian, the qualified custodian shall state in an affidavit all of the following:

1. That the qualified custodian is eligible to act as a qualified custodian in this state and is the qualified custodian designated by the testator in the electronic will or was designated to act in that capacity by another qualified custodian pursuant to section 14-2521, subsection C, paragraph 2.

2. That an electronic record was created at the time the testator executed the electronic will.

3. That the electronic record has been under the exclusive control of one or more qualified custodians since the execution of the electronic will and has not been altered since the time it was created.

4. The identity of all qualified custodians who have had custody of the electronic record since the execution of the electronic will.

5. That the certified paper original is a true, correct and complete tangible manifestation of the electronic will.

6. That the records described in section 14-2520, paragraph 4 are under the exclusive control of the qualified custodian.

B. On the creation of a certified paper original of an electronic will, if the electronic will has not always been under the exclusive control of a qualified custodian, the person who discovered the electronic will and the person who reduced the electronic will to the certified paper original shall each state in an affidavit all of the following to the best of each person's knowledge:

1. When the electronic will was created, if not indicated in the electronic will.

2. When, how and by whom the electronic will was discovered.

3. The identity of each person who has had access to the electronic will.

4. The method in which the electronic will was stored and the safeguards in place to prevent alterations to the electronic will.

5. Whether the electronic will has been altered since its execution.

6. That the certified paper original is a true, correct and complete tangible manifestation of the electronic will.

C. For the purposes of making the affidavit prescribed by subsection A of this section, the qualified custodian may rely conclusively on any affidavits provided by a predecessor qualified custodian.

Rule Summary

ARS § 14‑2523 governs the creation of a certified paper original of an electronic will and prescribes distinct affidavit requirements depending on whether the electronic will has remained continuously under the exclusive control of a qualified custodian.

Certified Paper Original — Continuous Qualified Custody

If the electronic will has always been in the custody of a qualified custodian, the qualified custodian must execute an affidavit stating, among other things:

• eligibility and authority to act as qualified custodian,
• creation of the electronic record at execution,
• continuous, exclusive, and unaltered custody,
• the identity of all prior qualified custodians,
• that the paper version is a true, correct, and complete tangible manifestation, and
• that the execution‑stage records described in ARS § 14‑2520(4) remain under the custodian’s exclusive control.

Certified Paper Original — Break in Qualified Custody

If the electronic will has not always been under the exclusive control of a qualified custodian, two separate affidavits are required:

• one from the person who discovered the electronic will, and
• one from the person who reduced it to the certified paper original.

Each affidavit must address discovery, access history, storage methods, safeguards, alteration, and fidelity of the paper copy, to the best of the affiant’s knowledge.

Reliance on Predecessor Affidavits

For purposes of the custodian affidavit required under subsection (A), the qualified custodian may rely conclusively on affidavits provided by predecessor qualified custodians.

Doctrinal Notes

• Section 14‑2523 creates a two‑track regime that sharply distinguishes between electronic wills maintained within the statutory custodial system and those discovered outside it.
• Continuous qualified custody substantially narrows the required evidentiary showing.
• The statute explicitly links the evidentiary reliability of the certified paper original to the chain of custody of the electronic record.