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ID S1092

Bill

Status

Passed

3/21/2023

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2023 Regular Session

AI Summary

Senate Bill No. 1092 - Uniform Electronic Wills Act

  • Establishes the Uniform Electronic Wills Act by adding Part 11 to Chapter 2, Title 15, Idaho Code, creating a comprehensive framework for executing, attesting, and revoking electronic wills.

  • Requires electronic wills to be tamper-evident records readable as text, signed by the testator (or another in the testator's presence and direction), and witnessed by at least two state residents within a reasonable time of signing.

  • Permits electronic wills to be simultaneously executed, attested, and made self-proved through testator acknowledgment and witness affidavits, with witness forms modified to allow "physical or electronic presence" instead of requiring in-person witnessing.

  • Recognizes electronic wills filed with courts via electronic filing as originals for probate purposes and allows creation of certified paper copies by affirming under penalty of perjury that the copy is complete, true, and accurate.

  • Applies retroactively to wills of decedents who died on or after January 1, 2020, with an emergency declaration making the act effective upon passage and approval.

Legislative Description

Adds to existing law to provide for the execution of an electronic will.

UNIFORM ELECTRONIC WILLS ACT

Last Action

Session Law Chapter 104 Effective: Retroactive to 01/01/2020

3/21/2023

Committee Referrals

Judiciary, Rules and Administration3/3/2023
Judiciary and Rules2/13/2023

Full Bill Text

No bill text available