Enacts Article 11 to GS Chapter 31, named the “North Carolina Electronic Uniform Electronic Wills Act (Act).” Establishes that an electronic will is a valid will in the State subject to State laws and principles of equity applicable to wills. Makes conforming change to GS 31-3.2 (kinds of wills) to list electronic wills. Requires an electronic will to be recorded in electronic form and readable as text at the time of signing, be signed by the testator, and be attested to by at least two competent witnesses. Specifies rules for revoking an electronic will. Sets out requirements under which an electronic will may be self-proved. Permits certified paper copies of an electronic will by a sworn certification attached to the will or by attaching the affidavits of self-proof at the time of the execution of the will. Specifies that the certified paper copy of an electronic will, but not the electronic will itself, may be probated. Amends GS 28A-2A-8 (pertaining to probate of wills) to establish a procedure for probate of an electronic will. Makes conforming changes to refer to certified paper copies of an electronic will in GS 28A-2B-1 (pertaining to establishment before death the validity of a will or codicil), GS 28A-2B-3 (pertaining to the contents of a petition for will validity), and GS 31-11 (pertaining to depositories in offices of the clerk of superior court). Makes other conforming and technical changes to those statutes. Makes conforming changes to GS 31-3.1.
Requires that uniformity amongst the states must be given consideration in applying and construing the Act. Sets forth the following definitions: electronic, electronic will, record, sign, and state. Requires the Revisor of Statutes to print as annotations to the statute all relevant portions of the official comments to the Uniform Electronic Wills Act and all explanatory comments of the drafters of this act as the Revisor may deem appropriate.
Effective January 1, 2025, and applies to electronic wills executed on or after that date.
GSC NC UNIFORM ELECTRONIC WILLS ACT.
|View NCGA Bill Details||2023-2024 Session|
AN ACT TO ENACT THE NORTH CAROLINA UNIFORM ELECTRONIC WILLS ACT, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.Intro. by Galey, Daniel, Sawrey.
Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Mar 15 2023)
Tue, 14 Mar 2023 Senate: Filed
Wed, 15 Mar 2023 Senate: Passed 1st Reading
Wed, 15 Mar 2023 Senate: Ref To Com On Rules and Operations of the Senate
Bill S 307 (2023-2024)Summary date: Mar 15 2023 - View Summary
Bill S 307 (2023-2024)Summary date: Mar 14 2023 - View Summary
To be summarized.