Bill > SF3602

This bill establishes the Uniform Electronic Estate Planning Documents Act, which aims to modernize estate planning by allowing for the creation and use of electronic documents and signatures. It defines key terms such as "electronic," "electronic presence" (meaning being able to communicate simultaneously by sight and sound through technology as if physically present), "electronic record," and "electronic signature" (a digital mark or process indicating intent to sign). The Act specifically covers "nontestamentary estate planning documents," which are documents related to estate planning but are not wills, including trusts, powers of attorney, advance healthcare directives, and other records concerning property or healthcare decisions. The bill clarifies that these electronic documents and signatures will have the same legal effect and enforceability as their paper counterparts, and it outlines provisions for notarization, witnessing, and retention of electronic records, ensuring they can be admitted as evidence and that certified paper copies are treated as originals. Importantly, the bill states that the use of electronic estate planning documents and signatures is not mandatory, and existing laws and principles of equity will still apply unless modified by this Act.

Justice

https://www.revisor.mn.gov/bills/94/2026/0/SF/3602/