Bill

Bill > H377


NC H377

Changes to Estates and Trusts Statutes


summary

Introduced
03/11/2025
In Committee
04/10/2025
Crossed Over
04/10/2025
Passed
Dead

Introduced Session

2025-2026 Session

Bill Summary

AN ACT TO ENACT THE NORTH CAROLINA UNIFORM ELECTRONIC WILLS ACT; TO MAKE UPDATES TO THE ELECTIVE SHARE STATUTES; TO UPDATE STATUTES RELATING TO TRUST ADMINISTRATION; AND TO MAKE REVISIONS TO THE YEAR'S ALLOWANCE STATUTES, AS RECOMMENDED BY THE ESTATE PLANNING AND FIDUCIARY LAW SECTION OF THE NORTH CAROLINA BAR ASSOCIATION.

AI Summary

This bill comprehensively updates North Carolina's laws related to estates, trusts, and probate proceedings. First, it introduces the North Carolina Uniform Electronic Wills Act, which allows for the creation, execution, and probate of electronic wills, defining how digital wills can be created, signed, and validated, including provisions for converting traditional paper wills to electronic format. Second, the bill updates elective share statutes, modifying how partial and contingent property interests are valued and clarifying procedural requirements for filing elective share claims. Third, it revises trust administration rules, particularly concerning the limitation period for contesting trust validity and the distribution of trust assets. Fourth, the bill makes significant changes to year's allowance statutes, adjusting how spousal and child allowances are determined, prioritized, and processed, including new provisions about filing petitions and resolving potential conflicts. The bill also includes technical amendments to various related statutes and provides for the Revisor of Statutes to print relevant commentary. Most provisions become effective on January 1, 2026, with some parts taking effect immediately, and the changes are designed to modernize estate planning and probate processes while providing clearer guidelines for legal practitioners and citizens.

Committee Categories

Government Affairs, Justice

Sponsors (1)

Last Action

Ref To Com On Rules and Operations of the Senate (on 04/10/2025)

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