Qualified Custodian vs Fiduciary - Electronic Will Requirements

"Qualified Custodian" or "Fiduciary"?
Which does your Electronic Last Will and Testament Require?

As estate planning moves deeper into the digital age, it’s important to understand the difference between two key roles:

📜 The Qualified Custodian (E-Wills)

An electronic will (e-will) is a digitally created and signed legal document that functions as a Last Will and Testament. A Qualified Custodian is responsible for safeguarding that e-will, ensuring compliance with state law, and maintaining its integrity for probate.

💻 The Fiduciary (Digital Assets)

Digital assets include online accounts, digital property, and files that must be managed or distributed after death. A Fiduciary (such as an executor or digital trustee) ensures those assets are handled according to the instructions in the will.

⚖️ The Key Difference:

• The E-will is the legal instruction document itself.
• Digital assets are the items and accounts that the will’s instructions govern.

📚 Sources: Keystone Law Firm | Arizona Senate, 53rd Legislature, 2nd Session, Fact Sheet for HB 2471

👉 At AZ Roving Notary, we provide both Qualified Custodian services and Custodial Accounts through our EverSecure™ Custodial Services to ensure your clients’ electronic wills and digital assets are securely managed.