Sub. H.B. 339 Summary

• Permits electronic execution of wills, living wills (declarations), and durable powers of attorney for health care, requiring electronic notarization and audio/visual recording of the execution process.

• Allows electronic notaries to notarize electronic estate planning documents if they obtain a $25,000 bond and errors and omissions insurance; establishes Secretary of State registry of notaries qualified to notarize electronic estate documents.

• Enables transfer on death designation affidavits for real property to be executed electronically, with certified copies treated as valid records for recording with county recorders.

• Establishes specific execution requirements for electronic wills including witness presence (physical or electronic), vulnerable adult protections, government-issued identification verification, and notarization through electronic or online notarization.

• Clarifies that existing probate, trust, and estate planning laws apply to electronically executed documents; requests Ohio Supreme Court amend rules to implement the act's purposes.