§ 84-921 — Retention of electronic record — Original.

A. Except as provided in subsection B of this section, if the laws of this state require an electronic non-testamentary estate planning document to be retained, transmitted, copied, or filed, the requirement is satisfied by retaining, transmitting, copying, or filing an electronic record that: 1. Accurately reflects the information in the document after it was first generated in final form as an electronic record or under Section 22 of this act; and 2. Remains accessible to the extent required by the other law. B. A requirement under subsection A of this section 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. C. A person may satisfy the requirements of subsection A of this section by using the services of another person. D. If the laws of this state require a non-testamentary estate planning document to be presented or retained in its original form or provides consequences if a non-testamentary estate planning document is not presented or retained in its original form, an electronic record retained in accordance with subsection A of this section satisfies such requirement. E. The provisions of this section do not preclude a governmental agency from specifying requirements for the retention of a record subject to the agency’s jurisdiction in addition to the requirements provided in this section. For the purposes of 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.

Legislative History

Added by Laws 2024, c. 344, § 21, eff. Nov. 1, 2024.