All Roll Calls
Yes: 182 • No: 3
North DakotaSB 21272025 Regular SessionSenateWALLET
AN ACT to create and enact chapter 59-22 of the North Dakota Century Code, relating to the Uniform Electronic Estate Planning Documents Act; and to provide for application.
Sponsored By: Senate Judiciary
Became Law
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 5 benefits, 0 costs, 0 mixed.
Electronic estate documents count as valid
Beginning July 31, 2025, electronic powers of attorney, trusts, and similar estate documents count the same as paper. An electronic record meets any writing rule, and an electronic signature meets any signature rule under this chapter. Courts do not reject them just because they are electronic. The law decides who signed based on context and security steps. It applies to electronic documents made before, on, or after July 31, 2025, unless a specific document says no electronic use.
Keep electronic records or get paper copies
From July 31, 2025, you can keep required estate records electronically if the copy shows the final information and stays accessible. You may use a service provider to store them, and the e-record counts as an original. Agencies can set extra retention rules. You can also get a certified paper copy by swearing before a notary that the paper is a complete and accurate copy.
Remote witnessing and notarization allowed
Starting July 31, 2025, notarizations, acknowledgments, and oaths for these documents can be done electronically. The notary or officer attaches an electronic signature and any required info. Witnessing and attestation can also be electronic. Being in each other's electronic presence (live, real-time communication) counts as being present.
Using electronic estate documents is optional
Beginning July 31, 2025, no one can force you to make, send, or keep these estate documents electronically. You are not required to have an electronic version. You cannot waive this protection.
Courts apply uniform electronic document rules
Starting July 31, 2025, courts apply this chapter to make using electronic estate documents easier and consistent with other law. North Dakota law and fairness rules that apply to paper documents also apply to electronic ones unless this chapter changes them. Courts aim to keep rules uniform with other states that adopt this law. This chapter changes how it works with the federal e-sign law but keeps key federal consumer notice limits, so some federal notices still cannot be sent electronically.
Sponsors & Cosponsors
Sponsor
Senate Judiciary
Affiliation unavailable
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 3/20/2025
Second reading, passed, yeas 45 nays 1
Yes: 45 • No: 1
House vote • 3/17/2025
Second reading, passed as amended, yeas 90 nays 2
Yes: 90 • No: 2
Senate vote • 1/16/2025
Second reading, passed, yeas 47 nays 0
Yes: 47 • No: 0
Actions Timeline
Filed with Secretary Of State 03/26
3/27/2025HouseSigned by Governor 03/25
3/26/2025SenateSent to Governor
3/24/2025SenateSigned by President
3/24/2025SenateSigned by Speaker
3/24/2025HouseSecond reading, passed, yeas 45 nays 1
3/20/2025SenateConcurred
3/20/2025SenateReturned to Senate (12)
3/18/2025SenateSecond reading, passed as amended, yeas 90 nays 2
3/17/2025HouseAmendment adopted, placed on calendar
3/14/2025HouseReported back amended, do pass, amendment placed on calendar 11 0 3
3/13/2025HouseCommittee Hearing 11:00
3/11/2025HouseIntroduced, first reading, referred Judiciary Committee
2/13/2025HouseReceived from Senate
1/17/2025HouseSecond reading, passed, yeas 47 nays 0
1/16/2025SenateReported back, do pass, place on calendar 7 0 0
1/15/2025SenateCommittee Hearing 11:00
1/15/2025SenateIntroduced, first reading, referred Judiciary Committee
1/7/2025Senate
Bill Text
Adopted by the House Judiciary Committee
Enrollment
INTRODUCED
SENATE BILL NO. 2127 with House Amendments
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