Let’s assume you have created a valid E-Will, now what?

Under Arizona law the E-Will must be in the custody of a “qualified custodian” at all times. But who is or is not a qualified custodian? A qualified custodian must not be related to the Testator (person creating the E-Will) by blood, marriage, or adoption. The qualified custodian must not be a devisee under the E-Will or related to a devisee by blood, marriage, or adoption. Basically, you will have to obtain the services of an outside third party.

A qualified custodian is a person or company who must consistently employ and store electronic records of electronic wills in a system that protects electronic records from destruction, alternation or unauthorized access and detects any change to the record.

Most Arizonans do not currently have the capabilities to serve as a qualified custodian, but I’m sure many are looking into who they will be able to serve as a custodian for their clients.

Laura M. Trujillo
Disclaimer: This blog is for information purposes only. Legal advice is provided only through a formal, written attorney/client agreement.




Effective January 6, 2020, attorneys Michael W. Margrave, Michael L. Kitchen, and Patrick J. Van Zanen, as well as paralegals Brittany Crane and Mallory Rasmussen, will join Sacks Tierney P A at their office located at 4250 N. Drinkwater Boulevard, Scottsdale, AZ  85251. Their new contact information is:

Michael W. Margrave    
direct line: 480-425-2606
fax: 480-425-4906

Michael L. Kitchen
direct line: 480-425-2619
fax: 480-425-4919

Patrick J. Van Zanen    
direct line: 480-425-2623
fax: 480-425-4923

Brittany Crane
direct line: 480-425-2627
fax: 480-425-4927

Mallory Rasmussen
direct line: 480-425-2629
fax: 480-425-4929

We hope to continue serving your needs at our new home with Sacks Tierney P.A. beginning January 6, 2020