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AZ SB1298

Bill

Status

Introduced

1/26/2017

Primary Sponsor

Bob Worsley

Click for details

Origin

Senate

Fifty-third Legislature - First Regular Session (2017)

AI Summary

  • Allows wills and codicils to be created and executed as electronic records with electronic signatures, provided they meet specified authentication requirements including government-issued ID and at least one additional authentication method (knowledge-based, digital certificate, physical device, biometric identification, electronic notarization, or other commercially reasonable method).

  • Permits electronic trust instruments with electronic signatures that include date/time stamps, authentication methods, and alteration detection capabilities, with the same authentication requirements as electronic wills.

  • Enables witnesses to attest to wills through two-way audio and video conference in addition to in-person witnessing, and allows self-proving affidavits to be logically associated with electronic wills.

  • Makes video recordings and other electronic records admissible as evidence of proper will execution, testator intent, mental capacity, and authenticity in probate proceedings, and extends similar admissibility to trust instrument proceedings.

  • Expands definitions of "will," "writing," "executed," and "trust" throughout Arizona trust and estate law to include electronic versions, and adds electronic notarization as a valid authentication method for testamentary documents.

Legislative Description

Electronic documents; signatures; wills; trusts

Trade And Commerce

Last Action

Senate read second time

1/30/2017

Full Bill Text

No bill text available