On Mar. 26, ND LEG approved bill re estate planning documentation.
ND LEG approved Bill SB 2127 re the Uniform electronic estate planning documents act, which adds new sections to North Dakota century codeND LEG 59-22-01 to -14.
Aims to address document procedures for nontestamentary estate planning documents
Estate Planning Documents
Added definitions re record retention, nontestamentary estate planning documents, security, terms of trust, trust instruments as well as wills and electronic records.
Facilitated electronic estate planning documents and signatures consistent with other law and be consistent with reasonable practices re electronic docs and signatures.
Bill SB 2127 applies to an electronic nontestamentary estate planning document and as well as the electronic signature on a nontestamentary estate planning document.
Does not require signature on a nontestamentary estate planning document to be electronically created, generated, sent, communicated, received, stored, or processed.
Nontestamentary estate planning document or a signature therein, may not be denied legal effect or enforceability because the document or signature is in electronic form.
If document required to be notarized/witnessed, requirement satisfied if an authorized individual associates individual's e-signature together with other required documents.
Also included record retention polices for nontestamentary estate planning documents.
An individual may create a certified paper copy of the document by affirming under penalty of perjury before a notary that the paper copy is complete and accurate.
Evidence re electronic nontestamentary estate planning document or its electronic signature may not be excluded in a proceeding solely because it is in electronic form.
Legislative History
On Jan. 7, 2025, bill introduced in Senate; on Jan. 16, 2025, bill passed in Senate.
On Feb. 13, 2025, bill introduced to House; on Mar. 17, 2025, amended bill passed.
On Mar. 20, 2025, bill concurred in Senate; on Mar. 26, 2025, bill signed by governor.
Effectiveness
Applies to nontestamentary estate planning documents that were created, signed, generated, sent, communicated, received, or stored before, on, or after Jul. 31, 2025.
Per ND Constitution, upon approval by Governor, bill will be effective Aug. 1, 2025.
