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H.B. 181

Signed into Law

Uniform Estate Planning Amendments

View on le.utah.gov
H.B. 181Signed into Law

Uniform Estate Planning Amendments

House
Senate
Governor

What This Bill Does

This bill enacts the Uniform Electronic Estate Planning Documents Act.

Key Provisions

This bill:

  • defines terms;
  • enacts the Uniform Electronic Estate Planning Documents Act;
  • establishes the scope of the provisions this bill enacts;
  • provides that a non-testamentary estate planning document or an electronic signature may not be denied legal effect because the non-testamentary estate planning document or electronic signature is in electronic form;
  • provides that a non-testamentary estate planning document or an electronic signature is attributable to a person if the non-testamentary estate planning document or the electronic signature was the act of the person;
  • provides notarization and acknowledgment requirements for a non-testamentary estate planning document or an electronic signature on an electronic non-testamentary estate planning document;
  • provides witnessing and attestation requirements for an electronic non-testamentary estate planning document;
  • establishes retention requirements for an electronic non-testamentary estate planning document;
  • provides the manner in which an individual may certify a paper copy of an electronic non-testamentary estate planning document;
  • provides that an electronic non-testamentary estate planning document or an electronic signature on an electronic non-testamentary estate planning document may not be excluded from a proceeding solely because the electronic non-testamentary estate planning document or an electronic signature is in electronic form; and
  • provides the manner in which the provisions this bill enacts relate to existing law.

Plain-Language Summary

AI-generated summary. We recommend consulting the bill text for important decisions.

Utah law currently requires many estate planning documents to be signed, witnessed, and notarized in person with physical paper — this bill updates that framework by formally recognizing electronic versions of documents like trusts, powers of attorney, advance health care directives, living wills, and guardian nominations as legally valid. It establishes that these documents and their electronic signatures cannot be rejected simply for being in digital form, that witnessing and notarization can occur over a real-time video connection rather than in person, and that a properly stored electronic record satisfies any legal requirement to retain an original document.