SB 1538 - Electronic Wills and Trusts

• Allows testators to execute legally valid electronic wills on an electronic medium with electronic signatures, provided they meet specific requirements including testator signature, two witness signatures placed contemporaneously, a dated record, and a copy of government-issued identification.

• Requires electronic wills to be maintained by a qualified custodian who is unrelated to the testator and devisees, maintains secure storage systems that detect alterations, and retains contemporaneous photographs, identification documentation, and audio/video recordings of execution.

• Permits electronic wills to become self-proved with notary electronic signature and seal, and allows conversion to a certified paper original with appropriate affidavits documenting custody chain and absence of alterations.

• Establishes qualified custodian responsibilities for access control, record retention for up to 100 years or five years post-probate, and allows destruction or cancellation upon testator direction executed with electronic will formalities.

• Amends existing probate law definitions and procedures to treat electronic wills equivalently to paper wills for purposes of formal testacy proceedings, affidavits of succession, and all probate administration processes.

• Takes effect June 30, 2019.