14-2518. Electronic will; requirements; interpretation

278 words·~1 min read·/az/title-14/14-2518

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. An electronic will must meet all of the following requirements:

1. Be created and maintained in an electronic record that is readable as text at the time of signing.

2. Contain the electronic signature of the testator or the testator's electronic signature made by some other individual in the testator's conscious presence and by the testator's direction.

3. Contain the electronic signatures of at least two persons, each of whom met all of the following requirements:

(a)Was physically present or electronically present with the testator when the testator electronically signed the will, acknowledged the testator's signature or acknowledged the will.

(b)Electronically signed the will within a reasonable time after the person witnessed the testator signing the will, acknowledging the testator's signature or acknowledging the will as described in subdivision

(a)of this paragraph.

(c)If electronically present with the testator when the testator electronically signed the will, acknowledged the testator's signature or acknowledged the will, was physically located within the United States at the time of serving as a witness.

4. State the date that the testator and each of the witnesses electronically signed the will.

5. Contain a copy of a government-issued identification card of the testator that was current at the time of execution of the will.

B. Except as provided in this section and sections 14-2519, 14-2520, 14-2521, 14-2522 and 14-2523, any question raised about the force, effect, validity and interpretation of an electronic will shall be determined in the same manner as a question regarding a paper will executed pursuant to section 14-2502.

C. This section does not apply to a trust except a testamentary trust created in an electronic will.