Recent Washington Legislative Update concerning Estate Planning and Probate – Part 2

Emily Y. Tyson-Shu Edmonds Lawyer

Since the Uniform Electronic Wills Act took effect on January 1, 2022, allowing a Will to be executed in electronic form, the Washington State Legislature is further pondering during this year’s legislative session on the possibility of having other estate planning documents to be executed in electronic form.  The Senate Bill 5787 (2023-24) (now, the Substitute Senate Bill 5787) concerning the Uniform Electronic Estate Planning Documents Act has passed the third reading in the Senate on January 24, 2024, has further passed the third reading in the House on February 29, 2024, and is currently pending the signing by the Senate President and the House Speaker, as well as the Governor’s review and signing into the law.

If the Uniform Electronic Estate Planning Documents Act is signed into the law, many non-testamentary estate planning documents, including, but not limited to:

  1. Trust documents,
  2. Powers of Attorney,
  3. Healthcare Directives,
  4. Dispositions of Remains,
  5. Nomination of Guardians and Conservators for minors and disabled adult children,
  6. Community Property Agreements,

and other documents specified, can be executed in electronic form.

However, a deed transferring title for real property and a certificate transferring title for a motor vehicle, watercraft or aircraft are not covered by this Uniform Electronic Estate Planning Documents Act.

In addition to Washington, this Act has also been introduced for legislative consideration in Missouri, Oklahoma, and West Virginia. This Act has been adopted by Illinois. 

If you’d prefer the old-fashioned way of signing in person at a law office, by all means! This Uniform Electronic Estate Planning Documents Act doesn’t invalidate the old-fashioned way of wet ink signing.  The legislative intent for this Uniform Electronic Estate Planning Documents Act is to provide an additional option of document execution so other relevant estate planning documents can also be executed electronically, like a Will. Given this potential new practice, legal resources may reach more remote areas and provide flexibility to people unable to make a trip to a law office for signing. We are therefore hopeful to see more people in need of estate planning receiving legal assistance in a rather feasible and convenient way.

Source: Washington State Legislature. https://app.leg.wa.gov/billsummary?BillNumber=5787&Year=2023&Initiative=false (as of March 3, 2024).

To learn more about Recent Washington Legislative Update concerning Estate Planning and Probate, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100

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