TITLE 15

UNIFORM PROBATE CODE

CHAPTER 2

INTESTATE SUCCESSION — WILLS

PART 11

UNIFORM ELECTRONIC WILLS ACT

15-2-1102.  definitions. As used in this chapter:

(1)  "Communication technology" means an electronic device or process that:

(a)  Allows two (2) or more individuals to communicate with each other simultaneously by sight and sound; or

(b)  When necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment.

(2)  "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(3)  "Electronic presence" means the relationship of two (2) or more individuals in different locations communicating in real time by means of communication technology.

(4)  "Electronic will" means a will executed electronically in compliance with section 15-2-1105(1), Idaho Code.

(5)  "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(6)  "Sign" means, with present intent to authenticate or adopt a record:

(a)  To execute or adopt a tangible symbol; or

(b)  To affix to or logically associate with the record an electronic symbol or process.

(7)  "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.

(8)  "Tamper-evident" means a feature of an electronic record whereby evidence of any change to the electronic record is preserved. The term includes a digital certificate or similar technology that satisfies the requirements of section 51-120, Idaho Code.

(9)  "Will" includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.

History:

[15-2-1102, added 2023, ch. 104, sec. 1, p. 308.]