Arizona Laws 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:
Terms Used In Arizona Laws 14-2523
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Certified paper original: means a tangible medium that contains both the text of an electronic will and any self-proving affidavit concerning the electronic will and that is accompanied by an affidavit that is executed pursuant to section 14-2523. See Arizona Laws 14-1201
- Electronic: means having electrical, digital, magnetic, optical, electromagnetic or similar capabilities. See Arizona Laws 14-1201
- Electronic record: means a record that is created, generated, sent, communicated, received or stored by electronic means. See Arizona Laws 14-1201
- Electronic will: means a testamentary instrument that is executed and maintained on an electronic medium and that is executed in compliance with section 14-2518. See Arizona Laws 14-1201
- Person: means an individual or an organization. See Arizona Laws 14-1201
- Qualified custodian: means a person who fulfills the requirements of section 14-2520. See Arizona Laws 14-1201
- State: means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico. See Arizona Laws 14-9101
- Testator: A male person who leaves a will at death.
- Testator: includes a person of either sex. See Arizona Laws 14-1201
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.