Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR H.B. 2197
wills; electronic signatures; requirements
Purpose
Allows the witnesses of an electronic will signing to be electronically present.
Background
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 physically present with the
testator when the testator electronically signed the will, acknowledged the testator's signature or
acknowledged the will and 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; 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 that was current at
the time of execution of the will. In addition to these requirements, a self-proving electronic will
must also: 1) contain the electronic signature and electronic seal of a notary public placed on the
will in accordance with applicable law; 2) designate a qualified custodian to maintain custody of
the electronic will; and 3) before being offered for probate or being reduced to a certified paper
original, be under the exclusive control of a qualified custodian at all times (A.R.S. §§ 14-2518
and 14-2519).
A person must execute a written statement affirmatively agreeing to serve as the qualified
custodian of an electronic will before the person may serve as a qualified custodian. A person may
not cease serving as a qualified custodian until a successor qualified custodian executes the
statutorily prescribed written statement. If a testator designates a successor qualified custodian in
writing executed with the same formalities required for the execution of an electronic will and the
successor qualified executes the prescribed written statement, the person serving as a qualified
custodian must cease serving in that capacity and provide the successor qualified custodian with
the electronic record and the prescribed affidavit (A.R.S. § 14-2521).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows the witnesses of an electronic will signing to be electronically present.
2. Specifies that, if the outlined witnesses are electronically present with the testator when the
testator electronically signed the will, the witnesses acknowledge the testator's signature or
acknowledge the will, the witnesses must be physically located within the United States at the
time of serving as a witness. FACT SHEET
H.B. 2197
Page 2
3. Prescribes the affidavit form for an attested self-proving electronic will.
4. Allows the written statement a person executes affirmatively agreeing to serve as the qualified
custodian of an electronic will to be executed by an electronic signature and maintained as an
electronic record.
5. Requires an electronic will to be created and maintained in an electronic record that is readable
as text at the time of signing.
6. Defines electronically present as two or more individuals who are in a different physical
location and who are communicating by means of technology that enables all individuals to
see and hear each other in real time to the same extent as if the individuals were physically
present in the same location.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
House Action
COM 1/24/23 DP 10-0-0-0
3
rd
Read 2/21/23 60-0-0
Prepared by Senate Research
March 21, 2023
ZD/SB/sr