HB 181

Enrolled Copy  H.B. 181
1Uniform Estate Planning Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Nelson T. Abbott
  Senate Sponsor: Michael K. McKell
2
3  LONG TITLE
4  General Description:
5      This bill enacts the Uniform Electronic Estate Planning Documents Act.
6  Highlighted Provisions:
7      This bill:
8      ▸ defines terms;
9      ▸ enacts the Uniform Electronic Estate Planning Documents Act;
10      ▸ establishes the scope of the provisions this bill enacts;
11      ▸ provides that a non-testamentary estate planning document or an electronic signature may
12  not be denied legal effect because the non-testamentary estate planning document or
13  electronic signature is in electronic form;
14      ▸ provides that a non-testamentary estate planning document or an electronic signature is
15  attributable to a person if the non-testamentary estate planning document or the
16  electronic signature was the act of the person;
17      ▸ provides notarization and acknowledgment requirements for a non-testamentary estate
18  planning document or an electronic signature on an electronic non-testamentary estate
19  planning document;
20      ▸ provides witnessing and attestation requirements for an electronic non-testamentary estate
21  planning document;
22      ▸ establishes retention requirements for an electronic non-testamentary estate planning
23  document;
24      ▸ provides the manner in which an individual may certify a paper copy of an electronic
25  non-testamentary estate planning document;
26      ▸ provides that an electronic non-testamentary estate planning document or an electronic
27  signature on an electronic non-testamentary estate planning document may not be
H.B. 181  Enrolled Copy
28   excluded from a proceeding solely because the electronic non-testamentary estate
29   planning document or an electronic signature is in electronic form; and
30▸ provides the manner in which the provisions this bill enacts relate to existing law.
31   Money Appropriated in this Bill:
32None
33   Other Special Clauses:
34None
35   Utah Code Sections Affected:
36   ENACTS:
3775-13-101, Utah Code Annotated 1953
3875-13-102, Utah Code Annotated 1953
3975-13-201, Utah Code Annotated 1953
4075-13-202, Utah Code Annotated 1953
4175-13-203, Utah Code Annotated 1953
4275-13-204, Utah Code Annotated 1953
4375-13-205, Utah Code Annotated 1953
4475-13-206, Utah Code Annotated 1953
4575-13-207, Utah Code Annotated 1953
4675-13-208, Utah Code Annotated 1953
4775-13-209, Utah Code Annotated 1953
4875-13-210, Utah Code Annotated 1953
4975-13-301, Utah Code Annotated 1953
5075-13-302, Utah Code Annotated 1953
5175-13-303, Utah Code Annotated 1953
52
53   Be it enacted by the Legislature of the state of Utah:
54Section 1. Section 75-13-101 is enacted to read:
55CHAPTER 13. Uniform Electronic Estate Planning Documents Act
56Part 1. General Provisions
5775-13-101 . Definitions.
58      As used in this chapter:
59   (1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless,
60optical, electromagnetic, or similar capabilities.
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61  (2) "Electronic record" means a record created, generated, sent, communicated, received, or
62      stored by electronic means.
63  (3) "Electronic signature" means an electronic symbol or process attached to or logically
64      associated with a record and executed or adopted by a person with the intent to sign the
65      record.
66  (4) "Information" includes data, text, images, codes, computer programs, software, and
67      databases.
68  (5)(a) "Non-testamentary estate planning document" means a record relating to estate
69      planning that is readable as text at the time of signing and is not a will or contained in
70      a will.
71      (b) "Non-testamentary estate planning document" includes a record readable as text at
72the time of signing that creates, exercises, modifies, releases, or revokes:
73(i) a trust instrument;
74(ii) a trust power that under the terms of the trust requires a signed record;
75(iii) a certification of a trust under Section 75B-2-1013;
76(iv) a power of attorney that is durable under Title 75A, Chapter 2, Uniform Power of
77Attorney Act;
78(v) an agent's certification under Section 75A-2-302 of the validity of a power of
79attorney and the agent's authority;
80(vi) a power of appointment;
81(vii) an advance directive, including an advance health care directive, directive to
82physicians, natural death statement, living will, and medical or physician order for
83life-sustaining treatment;
84(viii) a record directing disposition of an individual's body after death;
85(ix) a nomination of a guardian for the signing individual;
86(x) a nomination of a guardian for a minor child or disabled adult child;
87(xi) a mental health treatment declaration;
88(xii) a community property survivorship agreement;
89(xiii) a disclaimer under Section 75-2-801; and
90(xiv) any other record intended to carry out an individual's intent regarding property
91or health care while incapacitated or on death.
92      (c) "Non-testamentary estate planning document" does not include a deed of real
93property or certificate of title for a motor vehicle, watercraft, or aircraft.
94  (6) "Person" means an individual, estate, business or nonprofit entity, government or
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95governmental subdivision, agency, or instrumentality, or other legal entity.
96   (7) "Power of attorney" means a record that grants authority to an agent to act in place of
97the principal, even if the term is not used in the record.
98   (8) "Record" means information:
99(a) inscribed on a tangible medium; or
100(b) stored in an electronic or other medium and retrievable in perceivable form.
101   (9)(a) "Security procedure" means a procedure to verify that an electronic signature,
102record, or performance is that of a specific person or to detect a change or error in an
103electronic record.
104(b) "Security procedure" includes a procedure that uses an algorithm, code, identifying
105word or number, encryption, or callback or other acknowledgment procedure.
106   (10) "Settlor" means a person, including a testator, that creates or contributes property to a
107trust.
108   (11) "Sign" means, with present intent to authenticate or adopt a record to:
109(a) execute or adopt a tangible symbol; or
110(b) attach to or logically associate with the record an electronic signature.
111   (12)(a) "State" means a state of the United States, the District of Columbia, Puerto Rico,
112the United States Virgin Islands, or other territory or possession subject to the
113jurisdiction of the United States.
114(b) "State" includes a federally recognized Indian tribe.
115   (13) "Terms of a trust" means:
116(a) except as provided in Subsection (13)(b), the manifestation of the settlor's intent
117regarding a trust's provisions as:
118(i) expressed in the trust instrument; or
119(ii) established by other evidence that would be admissible in a judicial proceeding; or
120(b) the trust's provisions as established, determined, or amended by:
121(i) a trustee or other person in accordance with applicable law;
122(ii) a court order; or
123(iii) a nonjudicial settlement agreement under Section 75B-2-110.
124   (14) "Trust instrument" means an instrument executed by the settlor that contains terms of
125the trust, including any amendments.
126   (15) "Will" includes a codicil and a testamentary instrument that merely appoints an
127executor, revokes or revises another will, nominates a guardian, or expressly excludes or
128limits the right of an individual or class to succeed to property of the decedent passing
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129      by intestate succession.
130Section 2. Section 75-13-102 is enacted to read:
13175-13-102 . Construction.
132     This chapter shall be construed and applied to:
133  (1) facilitate electronic estate planning documents and signatures consistent with other law;
134      and
135  (2) be consistent with reasonable practices concerning electronic documents and signatures
136      and continued expansion of those practices.
137Section 3. Section 75-13-201 is enacted to read:
138Part 2. Electronic Non-Testamentary Estate Planning Documents
13975-13-201 . Scope.
140  (1) Except as provided in Subsection (2), this part applies to an electronic non-testamentary
141      estate planning document and an electronic signature on a non-testamentary estate
142      planning document.
143  (2) This part does not apply to a non-testamentary estate planning document if the
144      document precludes use of an electronic record or electronic signature.
145  (3) This part does not affect the validity of an electronic record or electronic signature that
146      is valid under:
147      (a) Title 46, Chapter 4, Uniform Electronic Transactions Act; or
148      (b) Chapter 2, Part 14, Uniform Electronic Wills Act.
149Section 4. Section 75-13-202 is enacted to read:
15075-13-202 . Principles of law and equity.
151     The laws of this state and principles of equity applicable to a non-testamentary estate
152  planning document apply to an electronic non-testamentary estate planning document except
153  as modified by this part.
154Section 5. Section 75-13-203 is enacted to read:
15575-13-203 . Use of electronic record or signature not required.
156  (1) This part does not require a non-testamentary estate planning document or signature on
157      a non-testamentary estate planning document to be created, generated, sent,
158      communicated, received, stored, or otherwise processed or used by electronic means or
159      in electronic form.
160  (2) A person is not required to have a non-testamentary estate planning document in
161      electronic form or signed electronically even if the person previously created or signed a
162      non-testamentary estate planning document by electronic means.
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163   (3) A person may not waive the provisions of this section.
164Section 6. Section 75-13-204 is enacted to read:
16575-13-204 . Recognition of electronic non-testamentary estate planning document
166   and electronic signature.
167   (1) A non-testamentary estate planning document or a signature on a non-testamentary
168estate planning document may not be denied legal effect or enforceability solely because
169the non-testamentary estate planning document or a signature on a non-testamentary
170estate planning document is in electronic form.
171   (2) If other law of this state requires a non-testamentary estate planning document to be in
172writing, an electronic record of the document satisfies this requirement.
173   (3) If other law of this state requires a signature on a non-testamentary estate planning
174document, an electronic signature satisfies the requirement.
175Section 7. Section 75-13-205 is enacted to read:
17675-13-205 . Attribution and effect of electronic record and electronic signature.
177   (1)(a) An electronic non-testamentary estate planning document or electronic signature
178on an electronic non-testamentary estate planning document is attributable to a
179person if the electronic non-testamentary estate planning document or electronic
180signature on an electronic non-testamentary estate planning document was the act of
181the person.
182(b) The act of the person may be shown in any manner, including by showing the
183efficacy of a security procedure applied to determine the person to which the
184electronic record or electronic signature was attributable.
185   (2) The effect of attribution to a person under Subsection (1) of a document or signature is
186determined from the context and surrounding circumstances at the time of the
187document's or signature's creation, execution, or adoption and as provided by law.
188Section 8. Section 75-13-206 is enacted to read:
18975-13-206 . Notarization and acknowledgment.
190      If other law of this state requires a signature or record to be notarized, acknowledged,
191   verified or made under oath, the requirement is satisfied with respect to an electronic
192   non-testamentary estate planning document if an individual authorized to perform the
193   notarization, acknowledgment, verification, or oath attaches or logically associates the
194   individual's electronic signature on the document together with all other information required
195   to be included under the other law.
196Section 9. Section 75-13-207 is enacted to read:
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19775-13-207 . Witnessing and attestation.
198  (1) If other law of this states bases the validity of a non-testamentary estate planning
199      document on whether the non-testamentary estate planning document is signed,
200      witnessed, or attested by another individual, the signature, witnessing, or attestation of
201      that individual may be electronic.
202  (2)(a) As used in this Subsection (2), "electronic presence" means that two or more
203      individuals in different locations are able to communicate in real time to the same
204      extent as if the individuals were physically present in the same location.
205      (b) If other law of this state bases the validity of a non-testamentary estate planning
206document on whether the non-testamentary estate planning document is signed,
207witnessed, or attested by another individual in the presence of the individual signing
208the document, the presence requirement is satisfied if the individuals are in each
209other's electronic presence.
210Section 10. Section 75-13-208 is enacted to read:
21175-13-208 . Retention of electronic record -- Original.
212  (1) As used in this section, "governmental agency" means an executive, legislative, or
213      judicial agency, department, board, commission, authority, institution, or instrumentality
214      of the federal government or of a state or of a county, municipality, or other political
215      subdivision of a state.
216  (2) Except as provided in Subsection (3), if other law of this state requires an electronic
217      non-testamentary estate planning document to be retained, transmitted, copied, or filed,
218      the requirement is satisfied by retaining, transmitting, copying, or filing an electronic
219      record that:
220      (a) accurately reflects the information in the document after the document was first
221generated in final form as an electronic record or under Section 75-13-209; and
222      (b) remains accessible to the extent required by the other law.
223  (3) A requirement under Subsection (2) to retain a record does not apply to information the
224      sole purpose of which is to enable the record to be sent, communicated, or received.
225  (4) A person may satisfy Subsection (2) by using the services of another person.
226  (5) If other law of this state requires a non-testamentary estate planning document to be
227      presented or retained in the non-testamentary estate planning document's original form,
228      or provides consequences if a non-testamentary estate planning document is not
229      presented or retained in the non-testamentary estate planning document's original form,
230      an electronic record retained in accordance with Subsection (2) satisfies the other law.
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231   (6) This section does not preclude a governmental agency from specifying requirements for
232the retention of a record subject to the agency's jurisdiction in addition to those in this
233section.
234Section 11. Section 75-13-209 is enacted to read:
23575-13-209 . Certification of paper copy.
236      An individual may create a certified paper copy of an electronic non-testamentary estate
237   planning document by affirming under penalty of perjury that the paper copy is a complete and
238   accurate copy of the document.
239Section 12. Section 75-13-210 is enacted to read:
24075-13-210 . Admissibility in evidence.
241      Evidence relating to an electronic non-testamentary estate planning document or an
242   electronic signature on the document may not be excluded in a proceeding solely because the
243   non-testamentary estate planning document or electronic signature is in electronic form.
244Section 13. Section 75-13-301 is enacted to read:
245Part 3. Miscellaneous Provisions
24675-13-301 . Uniformity of application and construction.
247      In applying and construing this uniform act, a court shall consider the promotion of
248   uniformity in the law among jurisdictions that enact the uniform act.
249Section 14. Section 75-13-302 is enacted to read:
25075-13-302 . Relation to Electronic Signatures in Global and National Commerce
251   Act.
252      This chapter modifies, limits, or supersedes the Electronic Signatures in Global and
253   National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit or supersede
254   15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in 15
255   U.S.C. Sec. 7003(b).
256Section 15. Section 75-13-303 is enacted to read:
25775-13-303 . Transitional provision.
258      This chapter applies to an electronic non-testamentary estate planning document created,
259   signed, generated, sent, communicated, received, or stored before, on, or after May 6, 2026.
260Section 16. Effective Date.
261   This bill takes effect on May 6, 2026.
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