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HB 5883

Probate: other; allowing electronic signing and witnessing of certain documents under certain conditions; eliminate sunset. Amends sec. 1202 of 1998 PA 386 (MCL 700.1202).

2023-2024 Regular Session Introduced by Noah Arbit and 14 co-sponsors

HB 5883 lets wills and related estate documents be signed and witnessed via real-time audiovisual tech in Michigan, with strict safeguards and a presumption of validity.

REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS
#occupations:notariespublic #probate:other #probate:trusts #probate:willsandestates
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WeVote Research Nonpartisan
Bill Summary · HB 5883

Summary — HB 5883 (Estates and Protected Individuals Code amendment)

  • Bill number: HB 5883
  • Sponsor: Rep. Helena Scott (co‑sponsors listed in bill)
  • Subject: Probate — electronic signing and witnessing of estate and related documents
  • Statute amended: MCL 700.1202 (section 1202 of 1998 PA 386)
  • House action: Passed House Dec. 10, 2024 (immediate effect); referred to Committee on Government Operations Dec. 18, 2024. Introduced June 27, 2024.

Purpose

To recognize and validate the signing and witnessing of certain estate, guardianship, and related documents when executed via two‑way real‑time audiovisual technology, subject to specified procedural safeguards and recordkeeping requirements.

Key provisions

HB 5883 amends MCL 700.1202 to allow execution and witnessing by 2‑way real‑time audiovisual technology for the following (non‑exclusive) instruments:
- Wills (article II / section 1108)
- Disclaimers (section 2903)
- Funeral representative designations (section 1104)
- Parental appointment of guardian of a minor (section 5202)
- Appointment of guardian for a legally incapacitated person (section 5301 / 5203 in summaries)
- Durable powers of attorney (former section 5501)
- Patient advocate designations (section 1106)

Execution by audiovisual technology is valid only if all listed requirements are met, including:
- Direct, contemporaneous sight-and-sound interaction between signatory and witnesses.
- The interaction is recorded and preserved by the signatory or designee for at least 3 years.
- The signatory affirms being physically located in Michigan, or, if located outside Michigan, that the document is intended for filing or relates to matters or property under Michigan jurisdiction.
- The signatory states on the record what document is being executed.
- Each title and signature page is shown clearly to witnesses; every page must be numbered “page X of Y.”
- Each act of signing must be captured closely enough for witnesses to observe.
- Within 72 hours the signatory or designee must transmit a legible copy of the signed document to the witnesses; witnesses must sign and return the copy within 72 hours.
- The document must be in writing or a text‑readable record at the time of signing.

Legal effects and evidentiary rules:
- Compliance with these requirements creates a presumption of validity.
- A challenger may overcome the presumption only by clear and convincing evidence that a signatory or witness intentionally failed to comply.
- The bill contains language addressing documents executed between April 30, 2020 and July 1, 2021 (preserving good‑faith reliance for that interval).

Who is affected

  • Individuals executing wills, powers of attorney, guardianship appointments, funeral directives, and similar estate or health‑care documents.
  • Witnesses, attorneys, fiduciaries, courts, and other entities that receive or rely on these instruments.
  • Entities and service providers facilitating remote audiovisual execution and recordkeeping.

Procedural / implementation notes

  • The bill amends the Estates and Protected Individuals Code; it interacts with separate legislation on remote e‑notarization (HB 5882).
  • Passed the House with immediate effect Dec. 10, 2024; next legislative steps include committee review in the Senate (Government Operations) and any further floor action.

Potential impacts / considerations

  • Facilitates remote execution of core estate documents, improving access (especially for immobile or out‑of‑state persons with Michigan connections).
  • Imposes specific recordkeeping, transmission, and witness verification duties (e.g., 3‑year recording retention, 72‑hour transmission/return).
  • Creates a strong evidentiary presumption in favor of remotely executed instruments while requiring clear and convincing proof to invalidate them.
  • Raises implementation questions about technology standards, secure storage of recordings, and coordination with remote notarization rules.

Compiled from official sources — confirm details with the bill’s official record.

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