Bill
SB 2127
Allows electronic records and signatures for non-testamentary estate planning documents, with safeguards, while keeping paper options and excluding wills.
Status and timeline
- Bill: SB 2127 (Sixty‑ninth Legislative Assembly) — introduced March 10, 2025, at the request of the Commission on Uniform State Laws (introduced by the Senate Judiciary Committee). Companion: HB 1181.
- Legislative action: Passed both chambers; signed by the Governor June 20, 2025.
- Effective date: Becomes effective 90 days after signing — September 1, 2025.
- Purpose: To create chapter 59‑22 of the North Dakota Century Code, adopting the Uniform Electronic Estate Planning Documents Act (UEEPDA) in state law.
Main purpose and intent
- Modernize and clarify the legal status of electronic estate‑planning documents (other than wills) and electronic signatures.
- Facilitate use of electronic records and signatures for a broad range of non‑testamentary estate planning instruments while preserving existing legal rules and individual choice.
Key provisions and substantive changes
- Definitions (section 59‑22‑01): Defines key terms including “electronic,” “electronic record,” “electronic signature,” “security procedure,” “nontestamentary estate planning document,” “trust instrument,” “power of attorney,” “settlor,” and “terms of the trust.”
- Scope (59‑22‑03): Applies to electronic nontestamentary estate planning documents and electronic signatures on such documents. Explicitly excludes:
- Wills and testamentary instruments (these remain outside the Act).
- Nontestamentary documents that by their own terms preclude electronic form or signature.
- Deeds of real property and vehicle certificates of title (excluded from “nontestamentary” definition).
- Recognition and legal effect (59‑22‑06): Electronic records and electronic signatures cannot be denied legal effect or enforceability solely because they are electronic. Where law requires a writing or signature, an electronic record/signature satisfies that requirement.
- Use is optional (59‑22‑05): The Act does not require use of electronic form or signatures — individuals may continue to use paper. The Act also bars requiring a person to waive this protection (i.e., a party cannot force another to accept only electronic documents).
- Attribution and security (59‑22‑07): An electronic document or signature is attributable to a person if it was that person’s act; attribution may be proved in any manner, including demonstration that a security procedure (algorithms, codes, encryption, callback/acknowledgment) reliably identified the signer or detected tampering. The effect of attribution is judged by context and surrounding circumstances.
Who is affected
- Individuals and professionals who create, sign, or rely on non‑testamentary estate planning documents: settlors, trustees, agents under powers of attorney, persons executing advance directives or health care powers, fiduciaries, attorneys, financial institutions, healthcare providers, and courts.
- Organizations that store, transmit, or verify estate‑planning records will need to ensure compliant security and recordkeeping practices.
Practical impact and considerations
- Provides clearer legal authority for using electronic forms and signatures for trusts, powers of attorney, advance directives, certificates of trust, guardian nominations, mental health declarations, disclaimers, and similar documents (but not wills).
- Increases access and convenience (remote signing, digital storage) while preserving paper options and basic safeguards.
- Entities should review policies, record retention, authentication/security procedures, and vendor practices to ensure compliance and evidentiary readiness in disputes or probate/guardianship proceedings.
Compiled from official sources — confirm details with the bill’s official record.
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