COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:0423S.01I Bill No.:SB 289 Subject:Civil Procedure; Civil Procedure; Emergencies; Estates, Wills and Trusts;
Liability; Notary Public; Uniform Laws
Type:Original Date:February 24, 2025Bill Summary:This proposal modifies provisions relating to estate planning, including
notice for principal place of administration transfers, statutes of limitations
for actions against trustees, electronic wills, and estate planning during the
Covid-19 emergency.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net
Effect on General
Revenue $0$0$0
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net
Effect on Other State
Funds $0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 0423S.01I
Bill No. SB 289
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2026FY 2027FY 2028Total Estimated Net
Effect on FTE 000
☐ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2026FY 2027FY 2028Local Government$0$0$0 L.R. No. 0423S.01I
Bill No. SB 289
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FISCAL ANALYSIS
ASSUMPTION
§§456.1-108, 456.10-1005, 474.540, 474.542, 474.544, 474.546, 474.548, 474.550, 474.552,
474.554, 474.556, 474.558, 474.560, 474.562, 474.564 & 474.600 – Estate Planning
Officials from the Office of the State Courts Administrator, the Department of Commerce
and Insurance, the Department of Economic Development, the Department of Health and
Senior Services, the Department of Mental Health, the Department of Social Services and
the Joint Committee on Administrative Rules
impact on their respective organizations. Oversight does not have any information to the
contrary. Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies.
Officials from the Office of Attorney General (AGO)
arising from this proposal can be absorbed with existing resources. However, the AGO may seek
additional appropriations if the proposal results in a significant increase in litigation or
investigation.
Oversight does not have any information to the contrary. Therefore, Oversight assumes the
AGO will be able to perform any additional duties required by this proposal with current staff
and resources and will reflect no fiscal impact to the AGO for fiscal note purposes.
Officials from the Office of the Secretary of State (SOS) note many bills considered by the
General Assembly include provisions allowing or requiring agencies to submit rules and
regulations to implement the act. The SOS is provided with core funding to handle a certain
amount of normal activity resulting from each year's legislative session. The fiscal impact for
this fiscal note to the SOS for Administrative Rules is less than $5,000. The SOS recognizes that
this is a small amount and does not expect that additional funding would be required to meet
these costs. However, the SOS also recognizes that many such bills may be passed by the
General Assembly in a given year and that collectively the costs may be in excess of what the
office can sustain with its core budget. Therefore, the SOS reserves the right to request funding
for the cost of supporting administrative rules requirements should the need arise based on a
review of the finally approved bills signed by the governor.
Based on a brief review, Oversight notes that electronic wills are only accepted in a few states
currently. Some states have updated their statutes to allow e-wills. Electronic wills are now legal
in Nevada, Florida, Indiana, and Arizona. Utah and Colorado have also recently adopted the
Uniform Electronic Wills Act, which is a model law created by the Uniform Laws Commission.
In other instances, some state courts have accepted e-wills on a case-by-case basis. COVID-19
also caused some courts to temporarily allow remote witnessing as an emergency measure. L.R. No. 0423S.01I
Bill No. SB 289
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FISCAL IMPACT – State GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028$0$0$0FISCAL IMPACT – Local GovernmentFY 2026
(10 Mo.)
FY 2027FY 2028$0$0$0
FISCAL IMPACT – Small Business
There could be a direct fiscal impact to small businesses who sell software for electronic wills
and estate planning as a result of this proposal.
FISCAL DESCRIPTION
The proposed legislation appears to have no direct fiscal impact.
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space.
SOURCES OF INFORMATION
Office of the State Courts Administrator
Department of Commerce and Insurance
Department of Economic Development
Department of Health and Senior Services
Department of Mental Health
Department of Social Services
Joint Committee on Administrative Rules
Attorney General’s Office
Office of the Secretary of State
Julie MorffJessica HarrisDirectorAssistant DirectorFebruary 24, 2025February 24, 2025