AffectsAdds Sections 14-2518, 14-2519, 14-2520, 14-2521, 14-2522 and 14‑2523 to, and amends Sections 14‑1201, 14‑2502, 14‑2506, 14‑2507, 14-3402 and 14-3971 of the Arizona Revised Statutes.
AnalysisLast wills are one of the remaining paper documents to catch up to the electronic world. Most other document types may be created and signed in electronic form, including powers of attorney and real property documents. House Bill 2656 allows an individual to create his or her last will as an electronic document, sign it electronically and if "self-proved," have the Notary place his or her electronic signature and seal on the document. A "self-proved" will is a will that has additional affidavits attached to the will that are signed and sworn to by the testator and witnesses. These affidavits allow a will to be entered into probate without the witnesses appearing to testify and are very useful in situations in which it has been years since the will was signed and witnessed. In performing the notarial acts on an electronic self-proved will, the Notary must follow all applicable laws governing electronic notarization and notarial acts in the Arizona Revised Statutes.
Read House Bill 2656.