The proposed bill establishes Chapter 59-22 of the North Dakota Century Code, which introduces the Uniform Electronic Estate Planning Documents Act. This legislation aims to facilitate the use of electronic nontestamentary estate planning documents and signatures, ensuring they hold the same legal effect as traditional paper documents. Key definitions are provided, including terms such as "electronic," "electronic record," "electronic signature," and "nontestamentary estate planning document." The bill outlines the scope of its application, stating that it applies to electronic estate planning documents unless explicitly precluded by the document itself.
Additionally, the bill clarifies that the use of electronic records and signatures is not mandatory, and individuals may choose to create estate planning documents in traditional formats. It also addresses the legal recognition of electronic documents, stating that they cannot be denied legal effect solely based on their electronic form. Provisions for notarization, witnessing, and retention of electronic records are included, ensuring that electronic estate planning documents can be treated equivalently to their paper counterparts. The Act will apply to documents created or signed on or after July 31, 2025.