AZ House Bill 2656 | NNA
Law

AZ House Bill 2656

Notary Law Update: AZ House Bill 2656

State: Arizona

Summary:

House Bill 2656 enacts provisions related to the creation of an electronic last will and testament.

Signed:  May 16, 2018

Effective:  June 30, 2019

Chapter: TBD

Affects:

Adds 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.

Changes:
  1. Allows a testator to create a last will in electronic form.
  2. Provides rules for electronic wills.
  3. Allows an electronic will to be self-proved before a Notary Public if it contains the Notary's electronic signature and seal are placed on the will in accordance with applicable law.
Analysis:

Last 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 the bill text.

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