1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 468 By: Howard
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6 AS INTRODUCED
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7 An Act relating to estate planning; creating the
7 Uniform Electronic Estate Planning Documents Act;
8 providing short title; defining terms; construing
8 provisions; stating scope of act; providing
9 exception; providing for applicability of principles
9 of law and equity; clarifying that use of electronic
10 record or signature not required; prohibiting certain
10 waiver; requiring recognition of electronic non-
11 testamentary estate planning document or signature;
11 establishing attribution and effect of electronic
12 record and signature; establishing requirements for
12 notarization and acknowledgement; authorizing
13 electronic witnessing and attestation for certain
13 documents; establishing requirements for retention of
14 certain electronic records; providing exception;
14 allowing additional requirements imposed by
15 governmental agency; authorizing creation of
15 certified paper copy of certain electronic documents;
16 providing for admissibility of certain electronic
16 documents or signatures; providing for uniformity of
17 application and construction; clarifying relation to
17 certain federal provisions; specifying applicability
18 of provisions to certain electronic documents;
18 providing for severability; providing for
19 codification; and providing an effective date.
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22 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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 1 SECTION 1. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 901 of Title 84, unless there is
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3 created a duplication in numbering, reads as follows:
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4 This act shall be known and may be cited as the “Uniform
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5 Electronic Estate Planning Documents Act”.
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6 SECTION 2. NEW LAW A new section of law to be codified
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7 in the Oklahoma Statutes as Section 902 of Title 84, unless there is
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8 created a duplication in numbering, reads as follows:
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9 As used in the Uniform Electronic Estate Planning Documents Act:
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10 1. “Electronic” means relating to technology having electrical,
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11 digital, magnetic, wireless, optical, electromagnetic, or similar
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12 capabilities;
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13 2. “Electronic record” means a record created, generated, sent,
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14 communicated, received, or stored by electronic means;
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15 3. “Electronic signature” means an electronic symbol or process
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16 attached to or logically associated with a record and executed or
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17 adopted by a person with the intent to sign the record;
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18 4. “Information” includes data, text, images, codes, computer
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19 programs, software, and databases;
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20 5. “Non-testamentary estate planning document” means a record
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21 relating to estate planning that is readable as text at the time of
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22 signing and is not a will or contained in a will. Non-testamentary
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23 estate planning document includes:
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 1 a. a record readable as text at the time of signing that
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2 creates, exercises, modifies, releases, or revokes:
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3 (1) a trust instrument,
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4 (2) a trust power that under the terms of the trust
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5 requires a signed record,
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6 (3) a memorandum or certification of a trust,
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7 (4) a durable power of attorney,
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8 (5) an agent’s certification of the validity of a
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9 power of attorney and the agent’s authority,
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10 (6) a power of appointment,
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11 (7) an advance directive including a health-care
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12 power of attorney, directive to physicians,
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13 natural death statement, living will, and medical
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14 or physician order for life-sustaining treatment,
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15 (8) a record directing disposition of an individual’s
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16 body after death,
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17 (9) a nomination of a guardian for the signing
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18 individual,
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19 (10) a nomination of a guardian for a minor child or
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20 disabled adult child,
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21 (11) a mental health treatment declaration, or
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22 (12) any other record intended to carry out an
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23 individual’s intent regarding property or health
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24 care while incapacitated or on death, and
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 1 b. Non-testamentary estate planning document does not
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2 include a deed of real property or certificate of
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3 title for a motor vehicle, watercraft, or aircraft;
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4 6. “Person” means an individual, estate, business or nonprofit
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5 entity, government or governmental subdivision, agency, or
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6 instrumentality, or other legal entity;
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7 7. “Power of attorney” means a record that grants authority to
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8 an agent to act in place of the principal, even if the term is not
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9 used in the record;
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10 8. “Record” means information:
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11 a. inscribed on a tangible medium, or
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12 b. stored in an electronic or other medium and
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13 retrievable in perceivable form;
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14 9. “Security procedure” means a procedure to verify that an
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15 electronic signature, record, or performance is that of a specific
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16 person or to detect a change or error in an electronic record,
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17 including a procedure that uses an algorithm, code, identifying word
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18 or number, encryption, callback, or other acknowledgment procedure;
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19 10. “Settlor” means a person, including a testator, that
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20 creates or contributes property to a trust;
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21 11. “Sign” means, with present intent to authenticate or adopt
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22 a record:
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23 a. execute or adopt a tangible symbol, or
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 1 b. attach to or logically associate with the record an
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2 electronic signature;
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3 12. “State” means a state of the United States, the District of
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4 Columbia, Puerto Rico, the United States Virgin Islands, or other
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5 territory or possession subject to the jurisdiction of the United
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6 States. The term includes a federally recognized Indian tribe;
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7 13. “Terms of a trust” means:
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8 a. except as provided in subparagraph b of this
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9 paragraph, the manifestation of the settlor’s intent
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10 regarding a trust’s provisions as:
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11 (1) expressed in the trust instrument, or
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12 (2) established by other evidence that would be
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13 admissible in a judicial proceeding; or
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14 b. the trust’s provisions as established, determined, or
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15 amended by:
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16 (1) a trustee or other person in accordance with
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17 applicable law,
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18 (2) a court order, or
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19 (3) a nonjudicial settlement agreement;
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20 14. “Trust instrument” means an instrument executed by the
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21 settlor or other person authorized by law that contains terms of the
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22 trust including any amendments; and
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23 15. “Will” includes a codicil and a testamentary instrument
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24 that appoints an executor, revokes or revises another will,
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 1 nominates a guardian, or expressly excludes or limits the right of
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2 an individual or class to succeed to property of the decedent
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3 passing by intestate succession.
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4 SECTION 3. NEW LAW A new section of law to be codified
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5 in the Oklahoma Statutes as Section 903 of Title 84, unless there is
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6 created a duplication in numbering, reads as follows:
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7 This act shall be construed and applied to facilitate electronic
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8 estate planning documents and signatures consistent with other law
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9 and be consistent with reasonable practices concerning electronic
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10 documents and signatures and continued expansion of those practices.
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11 SECTION 4. NEW LAW A new section of law to be codified
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12 in the Oklahoma Statutes as Section 904 of Title 84, unless there is
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13 created a duplication in numbering, reads as follows:
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14 A. Except as provided in subsection B of this section, this act
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15 shall apply to an electronic non-testamentary estate planning
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16 document and an electronic signature on a non-testamentary estate
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17 planning document.
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18 B. This act shall not apply to a non-testamentary estate
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19 planning document if the document precludes use of an electronic
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20 record or electronic signature.
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21 C. This act shall not affect the validity of an electronic
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22 record or electronic signature that is valid under the Uniform
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23 Electronic Transactions Act, Section 15-101 et seq. of Title 12A of
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 1 the Oklahoma Statutes or other law of this state authorizing the use
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2 of electronic records or electronic signatures.
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3 SECTION 5. NEW LAW A new section of law to be codified
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4 in the Oklahoma Statutes as Section 905 of Title 84, unless there is
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5 created a duplication in numbering, reads as follows:
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6 The law of this state and principles of equity applicable to a
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7 non-testamentary estate planning document shall apply to an
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8 electronic non-testamentary estate planning document except as
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9 modified by this act.
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10 SECTION 6. NEW LAW A new section of law to be codified
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11 in the Oklahoma Statutes as Section 906 of Title 84, unless there is
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12 created a duplication in numbering, reads as follows:
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13 A. This act shall not require a non-testamentary estate
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14 planning document or signature on a non-testamentary estate planning
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15 document to be created, generated, sent, communicated, received,
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16 stored, or otherwise processed or used by electronic means or in
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17 electronic form.
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18 B. A person shall not be required to have a non-testamentary
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19 estate planning document in electronic form or signed electronically
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20 even if the person previously created or signed a non-testamentary
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21 estate planning document by electronic means.
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22 C. No person shall waive the provisions of this section.
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 1 SECTION 7. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 907 of Title 84, unless there is
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3 created a duplication in numbering, reads as follows:
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4 A. A non-testamentary estate planning document or a signature
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5 on a non-testamentary estate planning document may not be denied
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6 legal effect or enforceability solely because it is in electronic
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7 form.
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8 B. If other laws of this state require a non-testamentary
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9 estate planning document to be in writing, an electronic record of
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10 the document shall satisfy such requirement.
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11 C. If other laws of this state require a signature on a non-
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12 testamentary estate planning document, an electronic signature shall
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13 satisfy such requirement.
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14 SECTION 8. NEW LAW A new section of law to be codified
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15 in the Oklahoma Statutes as Section 908 of Title 84, unless there is
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16 created a duplication in numbering, reads as follows:
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17 A. An electronic non-testamentary estate planning document or
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18 electronic signature on an electronic non-testamentary estate
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19 planning document is attributable to a person if it was the act of
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20 the person. The act of the person may be shown in any manner
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21 including by showing the efficacy of a security procedure applied to
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22 determine the person to which the electronic record or electronic
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23 signature was attributable.
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 1 B. The effect of attribution to a person under subsection A of
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2 this section of a document or signature is determined from the
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3 context and surrounding circumstances at the time of its creation,
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4 execution, or adoption and as provided by law.
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5 SECTION 9. NEW LAW A new section of law to be codified
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6 in the Oklahoma Statutes as Section 909 of Title 84, unless there is
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7 created a duplication in numbering, reads as follows:
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8 If the laws of this state require a signature or record to be
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9 notarized, acknowledged, verified, or made under oath, the
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10 requirement shall be satisfied with respect to an electronic non-
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11 testamentary estate planning document if an individual authorized to
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12 perform the notarization, acknowledgment, verification, or oath
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13 attaches or logically associates the individual’s electronic
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14 signature on the document together with all other information
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15 required to be included under law.
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16 SECTION 10. NEW LAW A new section of law to be codified
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17 in the Oklahoma Statutes as Section 910 of Title 84, unless there is
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18 created a duplication in numbering, reads as follows:
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19 A. If the laws of this state base the validity of a non-
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20 testamentary estate planning document on whether it is signed,
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21 witnessed, or attested by another individual, the signature,
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22 witnessing, or attestation of that individual may be electronic.
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23 B. For the purposes of this subsection, “electronic presence”
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24 means that two or more individuals in different locations are able
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 1 to communicate in real time to the same extent as if the individuals
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2 were physically present in the same location. If the laws of this
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3 state base the validity of a non-testamentary estate planning
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4 document on whether it is signed, witnessed, or attested by another
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5 individual in the presence of the individual signing the document,
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6 the presence requirement shall be satisfied if the individuals are
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7 in each other’s electronic presence.
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8 SECTION 11. NEW LAW A new section of law to be codified
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9 in the Oklahoma Statutes as Section 911 of Title 84, unless there is
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10 created a duplication in numbering, reads as follows:
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11 A. Except as provided in subsection B of this section, if the
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12 laws of this state require an electronic non-testamentary estate
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13 planning document to be retained, transmitted, copied, or filed, the
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14 requirement is satisfied by retaining, transmitting, copying, or
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15 filing an electronic record that:
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16 1. Accurately reflects the information in the document after it
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17 was first generated in final form as an electronic record or under
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18 Section 12 of this act; and
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19 2. Remains accessible to the extent required by the other law.
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20 B. A requirement under subsection A of this section to retain a
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21 record does not apply to information the sole purpose of which is to
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22 enable the record to be sent, communicated, or received.
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23 C. A person may satisfy the requirements of subsection A of
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24 this section by using the services of another person.
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 1 D. If the laws of this state require a non-testamentary estate
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2 planning document to be presented or retained in its original form
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3 or provides consequences if a non-testamentary estate planning
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4 document is not presen