SB 90 — An Act relating to wills and the probate of wills; relating to the making, witnessing, self-proving, revocation, and probate of wills by electronic means; relating to the choice of law for execution of wills; relating to the certification of copies of wills; relating to the establishment of the validity of a will before death; and providing for an effective date.

32-LS0501\G32-LS0501\B CS FOR SENATE BILL NO.

90(JUD)90 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY THESENATOR SENATEMYERS JUDICIARYIntroduced: COMMITTEE Referred:

Labor2/22/21 &Referred: Commerce Sponsor(s):

SENATORJudiciary, MYERSLabor & Commerce A BILL FOR AN ACT ENTITLED "An Act relating to wills and the probate of wills;

(63) "electronic presence," with respect to two or more individuals in different locations, means the use of electronic means that enables the individuals, during the actual time when the individuals are engaging in the activities, to SB0090BSB0090A -1- CSSBSB 90(JUD)90 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0501\G32-LS0501\B communicate, to maintain visual and audio contact, and, when applicable, to facilitate communication between or among individuals, including individuals who have a visual, hearing, or speech impairment;

and (3) signed by at least two individuals, each of whom is in the physical or electronic presence of the testator at the time of signing and signs within a reasonable time after witnessing [THE WITNESS WITNESSES] either the signing of the will as described in (2) of this subsection or the testator's acknowledgment of that CSSBSB 90(JUD)90 -2- SB0090BSB0090A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0501\G32-LS0501\B signature or the will.

(b) Except as provided in AS 13.06.068, a will that does not comply with (a) of this section is valid as a holographic will, whether or not witnessed, if the signature and material portions of the record [DOCUMENT] are in the testator's handwriting,handwriting whichor mayreadable beas intext. electronic form but not electronically generated.

___________________________ SB0090BSB0090A -3- CSSBSB 90(JUD)90 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0501\G32-LS0501\B Witness ___________________________ Witness 5 State of _____________ _____________Judicial District Subscribed, sworn to, and acknowledged in my physical or electronic presence [BEFORE ME] by _____________, the testator, and subscribed and sworn to before me by _____________, and _____________, witnesses [WITNESS], this _____ day of _____.

State of _____________ _____________Judicial District We, ____________, ____________, and ____________, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as the testator's will and that the testator had signed willingly (or willingly directed another to sign for the testator), and that the testator exece testator's free and CSSBSB 90(JUD)90 -4- SB0090BSB0090A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0501\G32-LS0501\B voluntary act for the purposes expressed in the will, and that each of the witnesses, in the physical or electronic presence [AND HEARING] of the testator, signed the will as witness and that to the best of the witnesses' knowledge the testator was at that time eighteen years of age or older, of sound mind, and under no constraint or undue influence.

(a) A will or a part of a will is revoked (1) by executing a subsequent will that revokes the previous will or SB0090BSB0090A -5- CSSBSB 90(JUD)90 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0501\G32-LS0501\B part expressly or by inconsistency;

the evidence to show the testator's intent and purpose must be clear and convincing;

(a) An individual may create a certified paper copy of a will,will including a reproduction of a holographic will, by affirming under penalty of perjury that a paper copy of the will is a complete, true, and accurate copy of the will.

If the will is made self-proving,self- proving, the certified paper copy of the will must include a copy of the self-proving affidavits.

the copy of the will may be a paper copy of an electronic willrecord; certified under AS 13.12.518;

(3) a statement that the will was signed by the testator, or was signed CSSB 90(JUD) -6- SB0090B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0501\G in the testator's name by another person in the testator's conscious physical or electronic presence and at the testator's direction;

(4) in the case of a witnessed will, a statement that the will was signed SB 90 -6- SB0090A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0501\B by at least two individuals, each of whom signed within a reasonable time after witnessing the signing of the will or the testator's acknowledgment of the signature on the will;

(5) in the case of a holographic will, a statement that the signature and material portions of the will are in the testator's handwriting,handwriting whichor may be in electronica formrecord butthat notis electronicallyreadable generated;as text;

SB0090B -7- CSSB 90(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0501\G (A) a statement of the interest of the applicant;

(B) the name and age of the decedent, the date of death of the decedent, the judicial district and state of the decedent's domicile at the time of SB0090A -7- SB 90 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0501\B death, and the names and addresses of the spouse, children, heirs, and devisees and the ages of any who are minors so far as known or ascertainable with reasonable diligence by the applicant;

(C) that after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the will, and that the applicant believes that the instrument that is the subject of the application is the decedent's last CSSB 90(JUD) -8- SB0090B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0501\G will;

(3) an application for informal appointment of a personal representative to administer an estate under a will must describe the will by date of SB 90 -8- SB0090A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0501\B signing [EXECUTION] and state the time and place of probate or the pending application or petition for probate;

(a) In an informal proceeding for original probate of a will, the registrar shall determine whether SB0090B -9- CSSB 90(JUD) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0501\G (1) the application is complete;

(2) the applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant'sapplant's knowledge and SB0090A -9- SB 90 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0501\B belief;

(b) If the original will, or a paper copy of the will certified under AS 13.12.518, is neither in the possession of the court nor accompanies the petition CSSB 90(JUD) -10- SB0090B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0501\G and no authenticated copy of a will probated in another jurisdiction accompanies the petition, the petition also must state the contents of the will, and indicate that it is lost, destroyed, or otherwise unavailable.

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