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As of July 2025 the following states have specific legislation regarding electronic wills and require a qualified custodian with a custodial account:
ARIZONA - FLORIDA - INDIANA - NEVADAAs of July 2025 the following states have adopted the Uniform Electronic Wills Act:
COLORADO - UTAH - NORTH DAKOTA - WASHINGTONOther states are in the process of (or have already passed) Electronic Will Legislation. You can search and see if your state allows electronic wills and if they require a qualified custodian with a custodial account.
Some states courts that don't have electronic will legislation may accept electronic wills especially if stored with a qualified custodian in a custodial account. Check with you attorney, wealth planner or other legal advisor to see if an electronic will can work for you in the state you are in.
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A Qualified Custodian is a neutral third party (usually a law firm or a notary who has the resources and meets the state requirements to act as the qualified custodian) authorized to store the electronic will and maintain its integrity.
Check with your state because some states (i.e. Florida) require the qualified custodian to be a resident with a licensed business in that state. There might also be encryption and/or insurance requirements.
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Key Arizona statutes for Electronic Wills
Topic Arizona statute What it covers Electronic will validity A.R.S. § 14-2518 Core requirements for a valid electronic will Self-proved electronic will A.R.S. § 14-2519 Notary signature/seal, qualified custodian designation, exclusive control Qualified custodian A.R.S. § 14-2520 Who may serve and what must be stored Qualified custodian agreement / transfer A.R.S. § 14-2521 Written acceptance, successor custodian, ceasing service Access / destruction of electronic record A.R.S. § 14-2522 Who may access the e-will and retention/destruction rules Certified paper original A.R.S. § 14-2523 Paper conversion and affidavits for probate use RON / e-notary framework Title 41 notary statutes and SOS rules Remote online notarization authority, platform, ID verification, journal, recording