H-8363

   Amend House File 2078, as amended, passed, and reprinted by the House, as follows:
   1.  By striking everything after the enacting clause and inserting: 
   <Section 1.  Section 633.279, Code 2022, is amended by adding the following new subsections:
   NEW SUBSECTION.  3.  Electronic presence requirements.  For electronic presence, the testator must provide verbal answers to all of the following questions, asked in substantially the following manner before signing:
   a.  Are you currently married? If so, please state the name of your spouse.
   b.  Please state the names of anyone who assisted you in accessing the video conference today.
   c.  Please state the names of anyone who assisted you in preparing or reviewing the documents you are signing today.
   d.  Where are you currently located?
   e.  Who is in the room with you?
   NEW SUBSECTION.  4.  Retention of remote execution record.  A will for which a communication technology was used must be video recorded. The attorney for the testator using communication technology for the signing of a will, or other party facilitating the remote signing of a will if the testator has no attorney, shall retain the video recording, or cause the video recording to be retained by a repository designated by or on behalf of the person required to retain the video recording. Unless the testator dies sooner or terminates the relationship with the attorney or other person required to retain the record, the video recording must be retained for a period of at least ten years after the video recording is made.
   NEW SUBSECTION.  5.  Execution of remote will in counterparts.  When a will is executed using a communication technology under this section, the original document may be executed in one or more counterparts by parties located in different locations, and all such counterparts may be aggregated to comprise the complete will of the testator.
   NEW SUBSECTION.  6.  Remote wills under disaster proclamation deemed to satisfy this section.  Any wills executed using the remote signing procedures permitted under the proclamation of disaster emergency of the governor issued March 22, 2020, shall be deemed to satisfy the presence requirements of this section if the will was executed during the effective dates of the proclamation of disaster emergency.
   NEW SUBSECTION.  7.  Definition.  For purposes for this section, “presence” means any manner, physical or electronic, in which the witnesses and testator can see and hear the acts of each other in real time using a communication technology that meets the requirements of section 9B.14A, subsection 1, paragraph “a”.
   Sec. 2.  Section 633.301, Code 2022, is amended to read as follows:
   633.301  Copy of will for executor.
   When Upon request by the executor, when a will has been admitted to probate and certified pursuant to section 633.300, the clerk shall cause a certified copy thereof to be placed in the hands of the executor to whom letters are issued. The clerk shall retain the will in a separate file provided for that purpose until the time for contest has expired, and promptly thereafter shall place it with the files of the estate.>
   2.  Title page, by striking line 1 and inserting <An Act relating to wills, including witness requirements for the execution of a will and procedure for wills to be admitted into probate.>