SF 3602

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/19/2026 09:17 a.m.

A bill for an act
relating to estates; enacting the Uniform Electronic Estate Planning Documents
Act; proposing coding for new law as Minnesota Statutes, chapter 533.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [533.01] TITLE.
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new text begin This chapter may be cited as the "Uniform Electronic Estate Planning Documents Act."
new text end

Sec. 2.

new text begin [533.02] DEFINITIONS.
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new text begin In this chapter:
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new text begin (1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless,
optical, electromagnetic, or similar capabilities.
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new text begin (2) "Electronic presence" means an individual being in a state and communicating
simultaneously with another person by means of an electronic device or process by sight
and sound to substantially the same extent as if the individual were in a physical location
in relation to the other person that would allow an individual to see and hear the person,
allowing for reasonable accommodation for individuals with hearing, vision, or speech
impairments as necessary.
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new text begin (3) "Electronic record" means a record created, generated, sent, communicated, received,
or stored by electronic means.
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new text begin (4) "Electronic signature" means an electronic symbol, signature, mark, or a process
attached to or logically associated with a record and executed or adopted by a person with
the intent to sign the record.
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new text begin (5) "Information" includes data, text, images, codes, computer programs, software, and
databases.
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new text begin (6) "Nontestamentary estate planning document" means a record relating to estate
planning and is not a will or contained in a will. The term:
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new text begin (i) includes a record that creates, exercises, modifies, releases, or revokes:
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new text begin (A) a trust instrument;
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new text begin (B) a trust power that under the terms of the trust requires a signed record;
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new text begin (C) a certification of a trust under section 501C.1013;
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new text begin (D) a power of attorney under chapter 523;
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new text begin (E) an agent's certification under sections 523.16 to 523.18 of the validity of a power of
attorney and the agent's authority;
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new text begin (F) a power of appointment;
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new text begin (G) an advance directive, including a health care directive, directive to physicians, natural
death statement, living will, and medical or physician order for life-sustaining treatment;
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new text begin (H) a record directing disposition of an individual's body after death;
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new text begin (I) a nomination of a guardian for the signing individual;
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new text begin (J) a nomination of a guardian for a minor child or disabled adult child;
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new text begin (K) a mental health treatment declaration;
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new text begin (L) a community property survivorship agreement;
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new text begin (M) a disclaimer under the Uniform Disclaimer of Property Interests Act, sections
524.2-1101 to 524.2-1116;
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new text begin (N) an antenuptial agreement or postnuptial agreement; and
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new text begin (O) any other record intended to carry out an individual's intent regarding property or
health care while incapacitated or on death; and
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new text begin (ii) does not include a deed of real property, or certificate of title for a motor vehicle,
watercraft, or aircraft.
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new text begin (7) "Person" means:
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new text begin (i) an individual;
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new text begin (ii) an estate;
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new text begin (iii) a business or nonprofit entity;
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new text begin (iv) a government or governmental subdivision, agency, or instrumentality; or
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new text begin (v) any other legal entity.
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new text begin (8) "Power of attorney" means a record that grants authority to an agent to act in place
of the principal, even if the term is not used in the record.
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new text begin (9) "Presence" or "conscious presence" means either:
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new text begin (i) an individual being in a physical location in relation to another person that allows
the individual to see and hear the person; or
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new text begin (ii) electronic presence.
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new text begin (10) "Record" means information that is: (i) inscribed on a tangible medium; or (ii)
stored in an electronic medium and is retrievable in perceivable form.
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new text begin (11) "Security procedure" means a procedure to verify that an electronic signature,
record, or performance is that of a specific person or to detect a change or error in an
electronic record. The term includes a procedure that uses an algorithm, code, identifying
word or number, encryption, or callback or other acknowledgment procedure.
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new text begin (12) "Settlor" means a person, including a testator, that creates or contributes property
to a trust.
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new text begin (13) "Sign" means, with present intent to authenticate or adopt a record:
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new text begin (i) execute or adopt a tangible symbol; or
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new text begin (ii) attach to or logically associate with the record an electronic signature.
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new text begin (14) "State" means a state of the United States, the District of Columbia, Puerto Rico,
the United States Virgin Islands, or other territory or possession subject to the jurisdiction
of the United States. The term includes a federally recognized Indian Tribe.
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new text begin (15) "Terms of a trust" means the manifestation of the settlor's intent regarding a trust's
provisions as expressed in the trust instrument or as may be established by other evidence
that would be admissible in a judicial proceeding.
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new text begin (16) "Trust instrument" means an instrument executed by the settlor that contains terms
of the trust, including any amendments.
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new text begin (17) "Will" includes an electronic will, any codicil to a will or electronic will, and a
testamentary instrument which merely appoints an executor, revokes or revises another will,
electronic will, or codicil.
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Sec. 3.

new text begin [533.03] CONSTRUCTION.
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new text begin This chapter must be construed and applied to:
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new text begin (1) facilitate electronic estate planning documents and signatures consistent with other
law; and
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new text begin (2) be consistent with reasonable practices concerning electronic documents and
signatures and continued expansion of those practices.
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Sec. 4.

new text begin [533.10] SCOPE.
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new text begin (a) Except as provided in paragraph (b), sections 533.10 to 533.19 apply to an electronic
nontestamentary estate planning document and an electronic signature on a nontestamentary
estate planning document.
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new text begin (b) Sections 533.10 to 533.19 do not apply to a nontestamentary estate planning document
if the document precludes use of an electronic record or electronic signature.
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new text begin (c) Sections 533.10 to 533.19 do not affect the validity of an electronic record or
electronic signature that is valid under:
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new text begin (1) the Uniform Electronic Transactions Act, chapter 325L;
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new text begin (2) the Uniform Probate Code, chapter 524; or
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new text begin (3) the Minnesota Real Property Electronic Recording Act, sections 507.0941 to 507.0949.
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Sec. 5.

new text begin [533.11] PRINCIPLES OF LAW AND EQUITY.
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new text begin The law of this state and principles of equity applicable to a nontestamentary estate
planning document apply to an electronic nontestamentary estate planning document except
as modified by sections 533.10 to 533.19.
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Sec. 6.

new text begin [533.12] USE OF ELECTRONIC RECORD OR SIGNATURE NOT
REQUIRED.
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new text begin (a) Sections 533.10 to 533.19 do not require a nontestamentary estate planning document
or signature on a nontestamentary estate planning document to be created, generated, sent,
communicated, received, stored, or otherwise processed or used by electronic means or in
electronic form.
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new text begin (b) A person is not required to have a nontestamentary estate planning document in
electronic form or signed electronically even if the person previously created or signed a
nontestamentary estate planning document by electronic means.
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new text begin (c) A person may not waive the provisions of this section.
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Sec. 7.

new text begin [533.13] RECOGNITION OF ELECTRONIC NONTESTAMENTARY
ESTATE PLANNING DOCUMENT AND ELECTRONIC SIGNATURE.
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new text begin (a) A nontestamentary estate planning document or a signature on a nontestamentary
estate planning document may not be denied legal effect or enforceability solely because it
is in electronic form.
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new text begin (b) If other law of this state requires a nontestamentary estate planning document to be
in writing, an electronic record of the document satisfies the requirement.
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new text begin (c) If other law of this state requires a signature on a nontestamentary estate planning
document, an electronic signature satisfies the requirement, except as expressly prohibited
by Minnesota Statutes.
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Sec. 8.

new text begin [533.14] ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND
ELECTRONIC SIGNATURE.
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new text begin (a) An electronic nontestamentary estate planning document or electronic signature on
an electronic nontestamentary estate planning document is attributable to a person if it was
the act of the person. The act of the person may be shown in any manner, including by
showing the efficacy of a security procedure applied to determine the person to which the
electronic record or electronic signature was attributable.
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new text begin (b) The effect of attribution to a person under subsection (a) of a document or signature
is determined from the context and surrounding circumstances at the time of its creation,
execution, or adoption and as provided by other law.
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Sec. 9.

new text begin [533.15] NOTARIZATION AND ACKNOWLEDGMENT.
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new text begin If other law of this state requires a signature or record to be notarized, acknowledged,
verified, or made under oath, the requirement is satisfied with respect to an electronic
nontestamentary 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 the other law, and in conformity with the laws of the state in which
the execution occurs.
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Sec. 10.

new text begin [533.16] WITNESSING AND ATTESTATION.
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new text begin (a) If other law of this state bases the validity of a nontestamentary estate planning
document on whether it is signed, witnessed, or attested by another individual, the signature,
witnessing, or attestation of that individual may be electronic.
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new text begin (b) If other law of this state bases the validity of a nontestamentary estate planning
document on whether it is signed, witnessed, or attested by another individual in the presence
of the individual signing the document, the presence requirement is satisfied if the individuals
are in each other's electronic presence.
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Sec. 11.

new text begin [533.17] RETENTION OF ELECTRONIC RECORD; ORIGINAL.
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new text begin (a) Except as provided in paragraph (b), if other law of this state requires an electronic
nontestamentary estate planning document to be retained, transmitted, copied, or filed, the
requirement is satisfied by retaining, transmitting, copying, or filing an electronic record
that:
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new text begin (1) accurately reflects the information in the document after it was first generated in
final form as an electronic record or under section 533.18; and
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new text begin (2) remains accessible to the extent required by the other law.
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new text begin (b) A requirement under paragraph (a) to retain a record does not apply to information
the sole purpose of which is to enable the record to be sent, communicated, or received.
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new text begin (c) A person may satisfy paragraph (a) by using the services of another person.
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new text begin (d) If other law of this state requires a nontestamentary estate planning document to be
presented or retained in its original form, or provides consequences if a nontestamentary
estate planning document is not presented or retained in its original form, an electronic
record retained in accordance with paragraph (a) satisfies the other law.
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new text begin (e) This section does not preclude a governmental agency from specifying requirements
for the retention of a record subject to the agency's jurisdiction in addition to those in this
section. In this section, "governmental agency" means an executive, legislative, or judicial
agency, department, board, commission, authority, institution, or instrumentality of the
federal government or of a state or of a county, municipality, or other political subdivision
of a state.
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Sec. 12.

new text begin [533.18] CERTIFICATION OF PAPER COPY.
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new text begin An individual may create a certified paper copy of an electronic nontestamentary estate
planning document by affirming under penalty of perjury that a paper copy is a complete,
true, and accurate copy of the document. A certified paper copy of an electronic
nontestamentary estate planning document is presumed to be a true and accurate copy of
the executed electronic record, absent clear and convincing evidence to the contrary, and
must be given the same effect as an original.
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Sec. 13.

new text begin [533.19] ADMISSIBILITY IN EVIDENCE.
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new text begin Evidence relating to an electronic nontestamentary estate planning document or an
electronic signature on the document may not be excluded in a proceeding solely because
it is in electronic form.
new text end