Electronic will.
1. An electronic will is a will of a testator that:
(a) Is written, created and stored in an electronic record;
(b) Contains the date and the electronic signature of the testator and which includes, without limitation, at least one authentication characteristic of the testator; and
(c) Is created and stored in such a manner that:
(1) Only one authoritative copy exists;
(2) The authoritative copy is maintained and controlled by the testator or a custodian designated by the testator in the electronic will;
(3) Any attempted alteration of the authoritative copy is readily identifiable; and
(4) Each copy of the authoritative copy is readily identifiable as a copy that is not the authoritative copy.
2. Every person of sound mind over the age of 18 years may, by last electronic will, dispose of all of his estate, real and personal, but the estate is chargeable with the payment of the testator’s debts.
3. An electronic will that meets the requirements of this section is subject to no other form, and may be made in or out of this state. An electronic will is valid and has the same force and effect as if formally executed.
4. An electronic will shall be deemed to be executed in this state if the authoritative copy of the electronic will is:
(a) Transmitted to and maintained by a custodian designated in the electronic will at his place of business in this state or at his residence in this state; or
(b) Maintained by the testator at his place of business in this state or at his residence in this state.
5. The provisions of this section do not apply to a trust other than a trust contained in an electronic will.
6. As used in this section:
(a) “Authentication characteristic” means a characteristic of a certain person that is unique to that person and that is capable of measurement and recognition in an electronic record as a biological aspect of or physical act performed by that person. Such a characteristic may consist of a fingerprint, a retinal scan, voice recognition, facial recognition, a digitized signature or other authentication using a unique characteristic of the person.
(b) “Authoritative copy” means the original, unique, identifiable and unalterable electronic record of an electronic will.
(c) “Digitized signature” means a graphical image of a handwritten signature that is created, generated or stored by electronic means.
Last modified: February 25, 2006