Bill Summary for H 388 (2025-2026)
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| View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO AMEND THE NORTH CAROLINA BUSINESS CORPORATIONS ACT, ASECOMMENDED BY THE NORTH CAROLINA BAR ASSOCIATION, TO AUTHORIZE THE PROBATE OF A CERTIFIED COPY OF AN ATTESTED WRITTEN WILL THAT HAS BEEN STORED BY AN ATTORNEY AS AN ELECTRONIC RECORD, TO MODIFY THE EMERGENCY VIDEO SUNSETS, 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.Intro. by Stevens.
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Bill summary
Senate amendment to the 3rd edition makes the following changes.
Amends the act’s long title.
Adds and defines the terms electronic and record in GS 31-71 and moves the content of previously proposed GS 31-71 into GS 31-72 and proposed GS 31-72 into GS 31-73. Makes conforming changes.
Amend GS 31-72 to now allow an NC licensed attorney, at any time during the life of the testator to, at the testator's direction, create an electronic record of the testator's attested written will (was, store the testator's attested written will as an electronic record). Amends what is to be included in the required certification to now include that the testator expressly authorize the attorney to create an electronic record of the attested written will, and that the testator has been advised that the creation of an electronic record of the testator's attested written will eliminates the ability of the testator to revoke the attested written will by physical act.
Makes conforming changes to GS 31-5.1.
Amends GS 10B-200(b), so that instead of expiring June 30, 2025, Article 3 (Video Witnessing During State of Emergency) upon the earlier of (1) 12:01 a.m. July 1, 2026, or (2) the date the Secretary issues the first license in accordance with G.S. 10B-134.19. Provides that if the Secretary issues the first license in accordance with G.S. 10B-134.19 before 12:01 a.m. July 1, 2026, the Secretary must file that date with the Codifier of Rules to be published in the North Carolina Register as the expiration date of this section.