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North Dakota Senate Bill SB2127

North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2127 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-SENATE BILL NO. 2127
4-(Judiciary Committee)
1+25.0258.02000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Judiciary Committee
57 (At the request of the Commission on Uniform State Laws)
6-AN ACT to create and enact chapter 59-22 of the North Dakota Century Code, relating to the Uniform
7-Electronic Estate Planning Documents Act; and to provide for application.
8+A BILL for an Act to create and enact chapter 59-22 of the North Dakota Century Code, relating
9+to the Uniform Electronic Estate Planning Documents Act; and to provide for application.
810 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. Chapter 59-22 of the North Dakota Century Code is created and enacted as follows:
11+SECTION 1. Chapter 59-22 of the North Dakota Century Code is created and enacted as
12+follows:
1013 59 - 22 - 01. (102) Definitions.
1114 As used in this chapter:
12-1."Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical,
13-electromagnetic, or similar capabilities.
14-2."Electronic record" means a record created, generated, sent, communicated, received, or
15-stored by electronic means.
15+1."Electronic" means relating to technology having electrical, digital, magnetic, wireless,
16+optical, electromagnetic, or similar capabilities.
17+2."Electronic record" means a record created, generated, sent, communicated, received,
18+or stored by electronic means.
1619 3."Electronic signature" means an electronic symbol or process attached to or logically
17-associated with a record and executed or adopted by a person with the intent to sign the
18-record.
20+associated with a record and executed or adopted by a person with the intent to sign
21+the record.
1922 4."Information" includes data, text, images, codes, computer programs, software, and
2023 databases.
21-5."Nontestamentary estate planning document" means a record relating to estate planning
22-which is readable as text at the time of signing and is not a will or contained in a will. The term:
24+5."Nontestamentary estate planning document" means a record relating to estate
25+planning which is readable as text at the time of signing and is not a will or contained
26+in a will. The term:
2327 a.Includes a record readable as text at the time of signing which creates, exercises,
2428 modifies, releases, or revokes:
2529 (1)A trust instrument;
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31+ SENATE BILL NO. 2127
32+SENATE BILL NO. 2127
33+with House Amendments
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2657 (2)A trust power that under the terms of the trust requires a signed record;
2758 (3)A certification of a trust under section 59 - 18 - 13 ;
2859 (4)A durable power of attorney under chapter 30.1-30;
2960 (5)An agent's certification of the validity of a power of attorney and the agent's
3061 authority;
3162 (6)A power of appointment;
3263 (7)An advance directive, including a health care power of attorney, directive to
33-physicians, natural death statement, living will, and medical or physician order for
34-life-sustaining treatment;
64+physicians, natural death statement, living will, and medical or physician
65+order for life-sustaining treatment;
3566 (8)A record directing disposition of an individual's body after death;
3667 (9)A nomination of a guardian for the signing individual;
37-(10)A nomination of a guardian for a minor child or disabled adult child; S. B. NO. 2127 - PAGE 2
68+(10)A nomination of a guardian for a minor child or disabled adult child;
3869 (11)A mental health treatment declaration;
3970 (12)A disclaimer as defined under section 30.1 - 10 - 01; and
40-(13)Any other record intended to carry out an individual's intent regarding property or
41-health care while incapacitated or on death.
71+(13)Any other record intended to carry out an individual's intent regarding
72+property or health care while incapacitated or on death.
4273 b.Does not include a deed of real property, or certificate of title for a motor vehicle,
4374 watercraft, or aircraft.
4475 6."Person" means an individual, estate, business or nonprofit entity, government or
4576 governmental subdivision, agency or instrumentality, or other legal entity.
46-7."Power of attorney" means a record that grants authority to an agent to act in place of the
47-principal, even if the term is not used in the record.
77+7."Power of attorney" means a record that grants authority to an agent to act in place of
78+the principal, even if the term is not used in the record.
4879 8."Record" means information:
4980 a.Inscribed on a tangible medium; or
5081 b.Stored in an electronic or other medium and retrievable in perceivable form.
5182 9."Security procedure" means a procedure to verify an electronic signature, record, or
52-performance is of a specific person or to detect a change or error in an electronic record. The
53-term includes a procedure that uses an algorithm, code, identifying word or number,
54-encryption, or callback or other acknowledgment procedure.
55-10."Settlor" means a person, including a testator, that creates or contributes property to a trust.
83+performance is of a specific person or to detect a change or error in an electronic
84+record. The term includes a procedure that uses an algorithm, code, identifying word
85+or number, encryption, or callback or other acknowledgment procedure.
86+10."Settlor" means a person, including a testator, that creates or contributes property to a
87+trust.
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56121 11."Sign" means with present intent to authenticate or adopt a record to:
57122 a.Execute or adopt a tangible symbol; or
58123 b.Attach to or logically associate with the record an electronic signature.
59-12."State" means a state of the United States, the District of Columbia, Puerto Rico, the United
60-States Virgin Islands, or other territory or possession subject to the jurisdiction of the United
61-States. The term includes a federally recognized Indian tribe.
124+12."State" means a state of the United States, the District of Columbia, Puerto Rico, the
125+United States Virgin Islands, or other territory or possession subject to the jurisdiction
126+of the United States. The term includes a federally recognized Indian tribe.
62127 13."Terms of the trust" means:
63-a.Except as provided under subdivision b, the manifestation of the settlor's intent regarding
64-a trust's provisions as:
128+a.Except as provided under subdivision b, the manifestation of the settlor's intent
129+regarding a trust's provisions as:
65130 (1)Expressed in the trust instrument; or
66-(2)Established by other evidence that would be admissible in a judicial proceeding.
131+(2)Established by other evidence that would be admissible in a judicial
132+proceeding.
67133 b.The trust's provisions as established, determined, or amended by:
68134 (1)A trustee or other person in accordance with applicable law;
69135 (2)A court order; or
70136 (3)A nonjudicial settlement agreement under section 59 - 09 - 11.
71-14."Trust instrument" means an instrument executed by the settlor which contains terms of the
72-trust, including any amendments. S. B. NO. 2127 - PAGE 3
73-15."Will" includes a codicil and a testamentary instrument that appoints an executor, revokes or
74-revises another will, nominates a guardian, or expressly excludes or limits the right of an
75-individual or class to succeed to property of the decedent passing by intestate succession.
137+14."Trust instrument" means an instrument executed by the settlor which contains terms
138+of the trust, including any amendments.
139+15."Will" includes a codicil and a testamentary instrument that appoints an executor,
140+revokes or revises another will, nominates a guardian, or expressly excludes or limits
141+the right of an individual or class to succeed to property of the decedent passing by
142+intestate succession.
76143 59 - 22 - 02. (103) Construction.
77144 This chapter must be construed and applied to:
78-1.Facilitate electronic estate planning documents and signatures consistent with other law; and
79-2.Be consistent with reasonable practices concerning electronic documents and signatures and
80-continued expansion of those practices.
145+1.Facilitate electronic estate planning documents and signatures consistent with other
146+law; and
147+2.Be consistent with reasonable practices concerning electronic documents and
148+signatures and continued expansion of those practices.
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81179 59 - 22 - 03. (201) Scope.
82-1.Except as provided in subsection 2, this chapter applies to an electronic nontestamentary
83-estate planning document and an electronic signature on a nontestamentary estate planning
84-document.
85-2.This chapter does not apply to a nontestamentary estate planning document if the document
86-precludes use of an electronic record or electronic signature.
87-3.This chapter does not affect the validity of an electronic record or electronic signature that is
88-valid under chapter 30.1 - 37 or 9 - 16.
180+1.Except as provided in subsection 2, this chapter applies to an electronic
181+nontestamentary estate planning document and an electronic signature on a
182+nontestamentary estate planning document.
183+2.This chapter does not apply to a nontestamentary estate planning document if the
184+document precludes use of an electronic record or electronic signature.
185+3.This chapter does not affect the validity of an electronic record or electronic signature
186+that is valid under chapter 30.1 - 37 or 9 - 16.
89187 59 - 22 - 04. (202) Principles of law and equity.
90-The law of this state and principles of equity applicable to a nontestamentary estate planning
91-document apply to an electronic nontestamentary estate planning document except as modified by this
92-chapter.
188+The law of this state and principles of equity applicable to a nontestamentary estate
189+planning document apply to an electronic nontestamentary estate planning document except as
190+modified by this chapter.
93191 59 - 22 - 05. (203) Use of electronic record or signature not required.
94-1.This chapter does not require a nontestamentary estate planning document or signature on a
95-nontestamentary estate planning document to be created, generated, sent, communicated,
96-received, stored, or otherwise processed or used by electronic means or in electronic form.
97-2.A person is not required to have a nontestamentary estate planning document in electronic
98-form or signed electronically even if the person previously created or signed a
99-nontestamentary estate planning document by electronic means.
192+1.This chapter does not require a nontestamentary estate planning document or
193+signature on a nontestamentary estate planning document to be created, generated,
194+sent, communicated, received, stored, or otherwise processed or used by electronic
195+means or in electronic form.
196+2.A person is not required to have a nontestamentary estate planning document in
197+electronic form or signed electronically even if the person previously created or signed
198+a nontestamentary estate planning document by electronic means.
100199 3.A person may not waive the provisions of this section.
101-59 - 22 - 06. (204) Recognition of electronic nontestamentary estate planning document and
102-electronic signature.
103-1.A nontestamentary estate planning document or a signature on a nontestamentary estate
104-planning document may not be denied legal effect or enforceability because the document or
105-signature is in electronic form.
106-2.If any other provision of law requires a nontestamentary estate planning document to be in
107-writing, an electronic record of the document satisfies the requirement.
200+59 - 22 - 06. (204) Recognition of electronic nontestamentary estate planning document
201+and electronic signature.
202+1.A nontestamentary estate planning document or a signature on a nontestamentary
203+estate planning document may not be denied legal effect or enforceability because the
204+document or signature is in electronic form.
205+2.If any other provision of law requires a nontestamentary estate planning document to
206+be in writing, an electronic record of the document satisfies the requirement.
108207 3.If any other provision of law requires a signature on a nontestamentary estate planning
109208 document, an electronic signature satisfies the requirement.
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110241 59 - 22 - 07. (205) Attribution and effect of electronic record and electronic signature.
111242 1.An electronic nontestamentary estate planning document or electronic signature on an
112-electronic nontestamentary estate planning document is attributable to a person if it was the S. B. NO. 2127 - PAGE 4
113-act of the person. The act of the person may be shown in any manner, including by showing
114-the efficacy of a security procedure applied to determine the person to which the electronic
115-record or electronic signature was attributable.
116-2.The effect of attribution to a person under subsection 1 is determined from the context and
117-surrounding circumstances at the time the document or signature was created, executed, or
118-adopted, and as provided by law.
243+electronic nontestamentary estate planning document is attributable to a person if it
244+was the act of the person. The act of the person may be shown in any manner,
245+including by showing the efficacy of a security procedure applied to determine the
246+person to which the electronic record or electronic signature was attributable.
247+2.The effect of attribution to a person under subsection 1 is determined from the context
248+and surrounding circumstances at the time the document or signature was created,
249+executed, or adopted, and as provided by law.
119250 59 - 22 - 08. (206) Notarization and acknowledgment.
120-If any other provision of law requires a signature or record to be notarized, acknowledged, verified,
121-or made under oath, the requirement is satisfied with respect to an electronic nontestamentary estate
122-planning document if an individual authorized to perform the notarization, acknowledgment, verification,
123-or oath attaches or logically associates the individual's electronic signature on the document together
124-with all other information required to be included under law.
251+If any other provision of law requires a signature or record to be notarized, acknowledged,
252+verified, or made under oath, the requirement is satisfied with respect to an electronic
253+nontestamentary estate planning document if an individual authorized to perform the
254+notarization, acknowledgment, verification, or oath attaches or logically associates the
255+individual's electronic signature on the document together with all other information required to
256+be included under law.
125257 59 - 22 - 09. (207) Witnessing and attestation.
126-1.If any other provision of law bases the validity of a nontestamentary estate planning document
127-on whether the document is signed, witnessed, or attested by another individual, the
128-signature, witnessing, or attestation of that individual may be electronic.
129-2.As used in this subsection, "electronic presence" means two or more individuals in different
130-locations are able to communicate in real time to the same extent as if the individuals were
131-physically present in the same location. If any other provision of law bases the validity of a
132-nontestamentary estate planning document on whether the document is signed, witnessed, or
133-attested by another individual in the presence of the individual signing the document, the
134-presence requirement is satisfied if the individuals are in each other's electronic presence.
258+1.If any other provision of law bases the validity of a nontestamentary estate planning
259+document on whether the document is signed, witnessed, or attested by another
260+individual, the signature, witnessing, or attestation of that individual may be electronic.
261+2.As used in this subsection, "electronic presence" means two or more individuals in
262+different locations are able to communicate in real time to the same extent as if the
263+individuals were physically present in the same location. If any other provision of law
264+bases the validity of a nontestamentary estate planning document on whether the
265+document is signed, witnessed, or attested by another individual in the presence of the
266+individual signing the document, the presence requirement is satisfied if the individuals
267+are in each other's electronic presence.
135268 59 - 22 - 10. (208) Retention of electronic record - Original.
136269 1.Except as provided in subsection 2, if any other provision of law requires an electronic
137-nontestamentary estate planning document to be retained, transmitted, copied, or filed, the
138-requirement is satisfied by retaining, transmitting, copying, or filing an electronic record that:
270+nontestamentary estate planning document to be retained, transmitted, copied, or
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303+filed, the requirement is satisfied by retaining, transmitting, copying, or filing an
304+electronic record that:
139305 a.Accurately reflects the information in the document after the document was first
140306 generated in final form as an electronic record or under section 59 - 22 - 11; and
141307 b.Remains accessible to the extent required by the other law.
142-2.A requirement under subsection 1 to retain a record does not apply to information the purpose
143-of which is to enable the record to be sent, communicated, or received.
308+2.A requirement under subsection 1 to retain a record does not apply to information the
309+purpose of which is to enable the record to be sent, communicated, or received.
144310 3.A person may satisfy subsection 1 by using the services of another person.
145-4.If any other provision of law requires a nontestamentary estate planning document to be
146-presented or retained in its original form, or provides consequences if a nontestamentary
147-estate planning document is not presented or retained in its original form, an electronic record
148-retained in accordance with subsection 1 satisfies the other law.
149-5.This section does not preclude a governmental agency from specifying requirements for the
150-retention of a record subject to the agency's jurisdiction in addition to those in this section.
151-6.As used in this section, "governmental agency" means an executive, legislative, or judicial
152-agency, department, board, commission, authority, institution, or instrumentality of the federal
153-government or of the state or of a county, municipality, or other political subdivision of the
154-state. S. B. NO. 2127 - PAGE 5
311+4.If any other provision of law requires a nontestamentary estate planning document to
312+be presented or retained in its original form, or provides consequences if a
313+nontestamentary estate planning document is not presented or retained in its original
314+form, an electronic record retained in accordance with subsection 1 satisfies the other
315+law.
316+5.This section does not preclude a governmental agency from specifying requirements
317+for the retention of a record subject to the agency's jurisdiction in addition to those in
318+this section.
319+6.As used in this section, "governmental agency" means an executive, legislative, or
320+judicial agency, department, board, commission, authority, institution, or
321+instrumentality of the federal government or of the state or of a county, municipality, or
322+other political subdivision of the state.
155323 59 - 22 - 11. (209) Certification of paper copy.
156-An individual may create a certified paper copy of an electronic nontestamentary estate planning
157-document by affirming under penalty of perjury before a notary public that the paper copy is a complete
158-and accurate copy of the document.
324+An individual may create a certified paper copy of an electronic nontestamentary estate
325+planning document by affirming under penalty of perjury before a notary public that the paper
326+copy is a complete and accurate copy of the document.
159327 59 - 22 - 12. (210) Admissibility in evidence.
160-Evidence relating to an electronic nontestamentary estate planning document or an electronic
161-signature on the document may not be excluded in a proceeding solely because it is in electronic form.
328+Evidence relating to an electronic nontestamentary estate planning document or an
329+electronic signature on the document may not be excluded in a proceeding solely because it is
330+in electronic form.
162331 59 - 22 - 13. (401) Uniformity of application and construction.
163-In applying and construing this chapter, a court shall consider the promotion of uniformity of the law
164-among the states that enact it.
165-59 - 22 - 14. (402) Relation to Electronic Signatures in Global and National Commerce Act.
166-This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National
167-Commerce Act, [15 U.S.C. Section 7001 et seq.] but does not modify, limit, or supersede 15 U.S.C.
168-Section 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. Section
169-7003(b).
170-SECTION 2. APPLICATION. This Act applies to an electronic nontestamentary estate planning
171-document created, signed, generated, sent, communicated, received, or stored before, on, or after
172-July 31, 2025. S. B. NO. 2127 - PAGE 6
173-____________________________ ____________________________
174-President of the Senate Speaker of the House
175-____________________________ ____________________________
176-Secretary of the Senate Chief Clerk of the House
177-This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
178-Dakota and is known on the records of that body as Senate Bill No. 2127.
179-Senate Vote:Yeas 45 Nays 1 Absent 1
180-House Vote: Yeas 90 Nays 2 Absent 2
181-____________________________
182-Secretary of the Senate
183-Received by the Governor at ________M. on _____________________________________, 2025.
184-Approved at ________M. on __________________________________________________, 2025.
185-____________________________
186-Governor
187-Filed in this office this ___________day of _______________________________________, 2025,
188-at ________ o’clock ________M.
189-____________________________
190-Secretary of State
332+In applying and construing this chapter, a court shall consider the promotion of uniformity of
333+the law among the states that enact it.
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367+59 - 22 - 14. (402) Relation to Electronic Signatures in Global and National Commerce
368+Act.
369+This chapter modifies, limits, or supersedes the Electronic Signatures in Global and
370+National Commerce Act, [15 U.S.C. Section 7001 et seq.] but does not modify, limit, or
371+supersede 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices
372+described in 15 U.S.C. Section 7003(b).
373+SECTION 2. APPLICATION. This Act applies to an electronic nontestamentary estate
374+planning document created, signed, generated, sent, communicated, received, or stored before,
375+on, or after July 31, 2025.
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