Legislation
State: Arizona
Signed: April 11, 2023
Effective: October 30, 2023
Chapter: 32
Summary
House Bill 2197 provides a statutory form to make an individual’s electronic last will self-proving by having the electronic signatures of the testator and witnesses notarized.
Affects
Amends Section 14-2519 of the Arizona Revised Statutes.
Changes
- Provides the statutory affidavit for an electronic self-proved will, which must be subscribed, sworn to, and acknowledged before a notarial officer.
AnalysisHouse Bill 2197 enacts amendments to the statutes that allow individuals to create their last wills in electronic format and to execute them with electronic signatures. HB 2197 allows electronic wills to be made “self-proving.” That is, instead of requiring the witnesses to an electronic will to appear in probate proceedings when the electronic will is filed with the court, the witnesses can sign affidavits with their testimony that they witnessed the electronic will being signed by the testator at the time the electronic will was signed or took the testator’s acknowledgment of having electronically signed the electronic will. The sworn affidavits of the testator and witnessses must be made before a Notary or officer authorized to administer oaths.
Read House Bill 2197.