HB 2197
Initials PRB/LM Page 1 Commerce
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
HB2197: wills; electronic signatures; requirements
Sponsor: Representative Wilmeth, LD 2
Committee on Commerce
Overview
Allows the witnesses of an electronic will signing to be electronically present.
History
An electronic will must: 1) be created and maintained in an electronic record; 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 were both required to be physically
present with the testator when the testator electronically signed the will, acknowledged the
testator's signature or acknowledged the will and have electronically signed the will within a
reasonable time after the person witnessed the testator signing the will; 4) state the date that the
testator and each of the witnesses electronically signed the will; and 5) contain a copy of a
government-issued identification card of the testator current at the time of execution of the will
(A.R.S. § 14-2518).
Provisions
1. Allows, as a requirement for an electronic will, the persons who are electronically signing to
be electronically present provided they were physically located within the U.S. at the time of
serving as a witness. (Sec. 2)
2. Creates an affidavit for an attested self-proving electronic will. (Sec. 3)
3. Allows a qualified custodian's written statement to be executed by an electronic signature and
maintained as an electronic record. (Sec. 4)
4. Clarifies an electronic will must be created and maintained in an electronic record that is
readable as text at the time of signing. (Sec. 2)
5. Defines electronically present as two or more individuals who are in a different physical
location and who are communicating in real time by electronic means to the same extent as
if the individuals were physically present in the same location. (Sec. 1)
6. Makes clarifying changes. (Sec. 4)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note