CS/CS/HB 277 - Wills and Trusts Summary

• Creates the "Florida Electronic Wills Act" allowing electronic wills executed in electronic records with electronic signatures from testator and two attesting witnesses, with requirements for qualified custodians to maintain and store electronic will records.

• Establishes qualified custodian requirements including domicile in Florida, maintaining protective storage systems, posting $250,000 surety bonds or liability insurance, and restrictions on access to electronic wills except by testator or authorized persons.

• Authorizes electronic wills to be proven through self-proof procedures or testimony, permits video conference execution under specified conditions, allows paper copies to serve as originals, and enables nonresident electronic wills to be admitted to probate in Florida.

• Expands trustee powers to appoint principal to second trusts or supplemental needs trusts while maintaining beneficiary protections, restricting tax-adverse distributions, and requiring 60-day notice to qualified beneficiaries before exercising invasion powers.

• Makes technical amendments to trust law including electronic trust document delivery methods, Attorney General notice requirements for charitable trusts, and clarifies that beneficiary knowledge of missing accountings does not commence claims limitations periods.