North Carolina SB 309: Immunizing Pharmacists.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 309

Short Title: Changes to Estates and Trusts Statutes. (Public)
Sponsors: Senators Galey, Daniel, and Lazzara (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 18, 2025
*S309-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ENACT THE NORTH CAROLINA UNIFORM ELECTRONIC WILLS ACT; TO 2
MAKE UPDATES TO THE ELECTIVE SHARE STATUTES; TO UPDATE STATUTES 3
RELATING TO TRUST ADMINISTRATION; AND TO MAKE REVISIONS TO THE 4
YEAR'S ALLOWANCE STATUTES, AS RECOMMENDED BY THE ESTATE 5
PLANNING AND FIDUCIARY LAW SECTION OF THE NORTH CAROLINA BAR 6
ASSOCIATION. 7
The General Assembly of North Carolina enacts: 8
9
PART I. NC UNIFORM ELECTRONIC WILLS ACT 10
SECTION 1.1. Chapter 31 of the General Statutes is amended by adding a new 11
Article to read: 12
"Article 11. 13
"North Carolina Uniform Electronic Wills Act. 14
"§ 31-71. Short title. 15
This Article may be cited as the "North Carolina Uniform Electronic Wills Act." 16
"§ 31-72. Definitions. 17
In this Article, the following definitions apply: 18
(1) Electronic. – Relating to technology having electrical, digital, magnetic, 19
wireless, optical, electromagnetic, or similar capabilities. 20
(2) Reserved for future codification purposes. 21
(3) Electronic will. – A will executed electronically in compliance with 22
G.S. 31-74(a) or an attested written will that has been stored in electronic form 23
in compliance with G.S. 31-79. 24
(4) Record. – Information that is inscribed on a tangible medium or that is stored 25
in an electronic or other medium and is retrievable in perceivable form. 26
(5) Sign. – With present intent to authenticate or adopt a record, to do either of 27
the following: 28
a. To execute or adopt a tangible symbol. 29
b. To affix to or logically associate with the record an electronic symbol 30
or process. 31
(6) State. – Consists of the following: 32
a. A state of the United States, the District of Columbia, Puerto Rico, the 33
United States Virgin Islands, or any territory or insular possession 34
subject to the jurisdiction of the United States. 35

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 309-First Edition
b. An Indian tribe or band or Alaskan native village that is recognized by 1
federal law or formally acknowledged by an entity listed in 2
sub-subdivision a. of this subdivision. 3
"§ 31-73. Law applicable to electronic will; principles of equity. 4
An electronic will is a will for all purposes of the law of this State. The law of this State 5
applicable to wills and principles of equity applies to an electronic will, except as modified by 6
this Article. 7
"§ 31-74. Execution of electronic will. 8
(a) An electronic will shall be executed in accordance with all of the following: 9
(1) Recorded in electronic form and readable as text at the time of signing. 10
(2) Signed by the testator. 11
(3) Attested by at least two competent witnesses as provided by G.S. 31-3.3. 12
(b) The validity of a will executed electronically but not in compliance with subsection 13
(a) of this section is governed by G.S. 31-46. 14
"§ 31-75. Revocation. 15
(a) An electronic will may revoke all or part of a previous will. 16
(b) All or part of an electronic will may be revoked in either of the following ways: 17
(1) In the manner provided by G.S. 31-5.1(1). 18
(2) By a physical act, if it is established by a preponderance of the evidence that 19
the testator, with the intent of revoking all or part of the electronic will, 20
performed the act or directed another individual who performed the act in the 21
testator's physical presence. 22
"§ 31-76. Electronic will attested and made self-proved at time of execution. 23
(a) An electronic will may be self-proved by acknowledgment of the testator and 24
affidavits of the witnesses as provided by G.S. 31-11.6, so long as the acknowledgment of the 25
testator and the affidavits of the witnesses are made simultaneously with the execution of the 26
electronic will. 27
(b) A signature physically or electronically affixed to an acknowledgment or affidavit 28
that is affixed to or logically associated with an electronic will is deemed a signature of the 29
electronic will. 30
"§ 31-77. Certification of paper copy. 31
(a) An individual may create a certified paper copy of an electronic will by certifying that 32
a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. 33
The certification shall be in the form of an affidavit sworn to or affirmed before an officer 34
authorized to administer oaths. If the electronic will is made self-proved, the certified paper copy 35
of the will shall include the affidavits. The certified paper copy of the electronic will may be 36
created at any time after the electronic will is executed. 37
(b) A certified paper copy of an electronic will, but not the electronic will itself, may be 38
probated under G.S. 28A-2A-8(a1). 39
"§ 31-78. Uniformity of application