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ND SB2127

Bill

Status

Passed

3/26/2025

Primary Sponsor

Judiciary

Click for details

Origin

Senate

69th Legislative Assembly

AI Summary

  • Creates chapter 59-22 of the North Dakota Century Code to adopt the Uniform Electronic Estate Planning Documents Act, establishing legal recognition for electronic versions of nontestamentary estate planning documents including trusts, powers of attorney, advance directives, and guardian nominations

  • Electronic signatures and records on qualifying estate planning documents cannot be denied legal effect solely because they are in electronic form, and electronic records satisfy any legal requirement that a document be "in writing"

  • Allows witnessing and attestation to occur via "electronic presence" where individuals communicate in real time from different locations, satisfying in-person presence requirements

  • Excludes wills, real property deeds, and motor vehicle/watercraft/aircraft titles from the electronic document provisions, and does not apply if a document specifically precludes electronic use

  • Applies to electronic nontestamentary estate planning documents created before, on, or after July 31, 2025; passed the Senate 45-1 and House 90-2

Legislative Description

The Uniform Electronic Estate Planning Documents Act; and to provide for application.

Last Action

Filed with Secretary Of State 03/26

3/27/2025

Committee Referrals

Judiciary2/13/2025
Judiciary1/7/2025

Full Bill Text

No bill text available