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Bill > SB468
OK SB468
OK SB468Estate planning; creating the Uniform Electronic Estate Planning Documents Act; electronic will; affidavit; electronic record and signature. Effective date.
summary
Introduced
02/06/2023
02/06/2023
In Committee
03/28/2024
03/28/2024
Crossed Over
02/27/2024
02/27/2024
Passed
05/22/2024
05/22/2024
Dead
Signed/Enacted/Adopted
05/28/2024
05/28/2024
Introduced Session
2023 Regular Session
Bill Summary
An Act ENROLLED SENATE BILL NO. 468 By: Howard of the Senate and Kannady and Swope of the House An Act relating to estate planning; creating the Oklahoma Uniform Electronic Estate Planning Documents Act; defining terms; providing when an electronic will is valid; providing requirements for an electronic will; providing that the intent of a testator’s electronic will may be established by extrinsic evidence; providing for revocation; providing that an electronic will may be simultaneously executed, attested, and made self- proving by acknowledgment of the testator and affidavits of the witnesses; providing requirements for acknowledgment and affidavits; providing sample acknowledgment and affidavit form; providing for electronic signature; providing for a certified paper copy of an electronic will; providing for applying and construing act; providing when act is applicable; creating the Uniform Electronic Estate Planning Documents Act; providing short title; defining terms; construing provisions; stating scope of act; providing exception; providing for applicability of principles of law and equity; clarifying that use of electronic record or signature is not required; prohibiting certain waiver; requiring recognition of electronic non-testamentary estate planning document or signature; establishing attribution and effect of electronic record and signature; establishing requirements for notarization and acknowledgement; authorizing electronic witnessing and attestation for certain documents; establishing requirements for retention of certain electronic records; providing exception; allowing additional requirements imposed by governmental agency; authorizing creation of certified paper copy of certain electronic documents; providing for admissibility of certain electronic documents or signatures; providing for uniformity of application and construction; clarifying relation to certain federal provisions; specifying applicability of provisions to certain electronic documents; providing for severability; providing for codification; and providing an effective date. SUBJECT: Estate planning documents
AI Summary
This bill creates the Oklahoma Uniform Electronic Estate Planning Documents Act, which allows for the creation and use of electronic wills and other non-testamentary estate planning documents. Key provisions include:
- Defining terms like "electronic will," "electronic presence," and "non-testamentary estate planning document."
- Providing requirements for a valid electronic will, including that it be signed by the testator and two witnesses in physical or electronic presence.
- Allowing electronic wills to be simultaneously executed, attested, and made self-proving.
- Permitting the creation of certified paper copies of electronic wills and non-testamentary documents.
- Stating that the act applies to wills of decedents who die on or after the effective date, which is November 1, 2024.
- Establishing the Uniform Electronic Estate Planning Documents Act, which provides similar rules for the use of electronic records and signatures in non-testamentary estate planning documents.
The bill aims to facilitate the use of electronic estate planning documents and signatures, while still preserving principles of testamentary law.
Committee Categories
Justice
Sponsors (3)
Last Action
Approved by Governor 05/28/2024 (on 05/28/2024)
Official Document
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