OK Senate Bill 468

Legislation

State: Oklahoma
Signed: May 28, 2024

Effective: November 01, 2024
Chapter: TBD

Summary

Oklahoma enacts the Uniform Electronic Estate Planning Documents Act, authorizing estate documents to be signed and notarized with electronic signatures.

Affects

Adds Sections 901 through 927 to Title 84 of the Oklahoma Statutes.

Changes

Defines “electronic will,” “sign,” and “nontestamentary electronic estate planning document” as specified.
Excludes from the definition of “nontestamentary electronic estate planning document” a deed of real property or certificate of title for a motor vehicle, watercraft, or aircraft.
Provides that a non-testamentary estate planning document or a signature on a non-testamentary estate planning document may not be denied legal effect or enforceability solely because it is in electronic form.
Provides that if other laws of Oklahoma require a non-testamentary estate planning document to be in writing, an electronic record of the document shall satisfy such requirement.
Provides that if the laws of Oklahoma require a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement shall be satisfied with respect to an electronic non-testamentary estate planning document if an individual authorized to perform the notarization, acknowledgment, verification, or oath attaches or logically associates the individual's electronic signature on the document together with all other information required to be included under law.
Authorizes an electronic last will to be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses before an officer authorized to administer oaths under law of the state in which execution occurs or before an officer authorized under and in the manner provided by the Oklahoma Remote Online Notary Act.
Provides the form for a self-proving electronic last will.
Requires the self-proving acknowledgment and affidavits to be evidenced by the notarial officer’s certificate under official seal affixed to or logically associated with the electronic will.

Analysis

Oklahoma is the latest state among early adopters to enact the Uniform Electronic Estate Planning Documents Act published by the Uniform Law Commission to facilitate electronic estate planning documents and signatures. Under the Act, electronic non-testamentary estate planning documents or signatures cannot be denied legal effect solely because they are electronic. Any nontestamentary estate document, as defined, that must be notarized or witnessed may be satisfied if an individual authorized to perform the notarization, acknowledgment, verification, or oath attaches the individual’s electronic signature on the document alongside other required information. The Act also enacts provisions from the Uniform Electronic Wills Act, authorizing these testamentary documents to be signed with electronic signatures, including self-proved electronic wills, that must be acknowledged by the testator and signed and sworn to by the witnesses before a Notary Public.

Read Senate Bill 468.