H.B. No. 172 Summary

• Expands Ohio law to permit wills, durable powers of attorney for health care, declarations (living wills), powers of attorney, and transfer on death designation affidavits to be executed electronically in addition to traditional written forms.

• Requires notaries notarizing electronic estate planning documents to obtain a $25,000 bond and errors and omissions insurance; notaries must register with the Secretary of State to notarize such documents.

• Establishes execution requirements for electronic wills including audio-visual recording of signing and witnessing procedures; allows witnesses in electronic or physical presence but requires vulnerable adults' witnesses to be physically present.

• Permits electronic notarization of these documents through electronic notarization or online notarization pursuant to existing notary laws; requires identity proofing and credential analysis for electronic document signers.

• Updates definitions across multiple Ohio Revised Code chapters to include "electronic," "electronic presence," "electronic will," and related terms to accommodate digital execution of estate planning documents.