H.E.A. 1255, P.L. 185 Effective: April 29, 2021 Wills Provides that a testator may execute a will in two or more counterparts and specifies certain requirements for a will executed in two or more counterparts. Provides that a self-proving clause may be incorporated into or affixed to a will and specifies certain requirements for self-proving clauses and wills. Specifies that … [Read more...] about Probate and property matters
notary
Recording requirements
The Senate Judiciary Committee heard HB 1056 on recording requirements sponsored by Sen. Linda Brown and Sen. Koch. This bill amends the requirements for instruments and conveyances to be recorded and adds instances in which an instrument is considered validly recorded for purposes of providing constructive notice. This is a fix for a mistake made in a bill last year that made it … [Read more...] about Recording requirements
Probate and property matters
The House Judiciary Committee heard HB 1255 authored by Rep. John Young regarding probate and property matters. This bill allows a will or power of attorney (POA) to be executed in two or more counterparts and includes new definitions for observe and presence and allows for interaction and witnessing of documents by audiovisual communications. The bill limits who can be directed t … [Read more...] about Probate and property matters
Recording requirements
The House Judiciary Committee, on January 6th, heard HB 1056 authored Rep. Torr regarding recording requirements. Rep. Torr explained that the bill corrects unintended consequences from changes to the requirements for recording instruments made last session. A minor, technical amendment was adopted by Committee consent. Testimony was heard in support of the amended bill from the: … [Read more...] about Recording requirements
Notarial acts
S.E.A. 372, P.L.59 Effective: July 1, 2018 Makes technical changes to standardized language concerning registration of trademarks and regulation related to notarial acts. Specifies requirements related to notarial acts, including use of electronic documentation and technology for electronic notarial acts. Requires the secretary of state to adopt rules related to electronic notarial … [Read more...] about Notarial acts