House
File
2078
S-5133
Amend
House
File
2078,
as
amended,
passed,
and
reprinted
by
1
the
House,
as
follows:
2
1.
By
striking
everything
after
the
enacting
clause
and
3
inserting:
4
<
Section
1.
Section
633.279,
Code
2022,
is
amended
by
adding
5
the
following
new
subsections:
6
NEW
SUBSECTION
.
3.
Electronic
presence
requirements.
For
7
electronic
presence,
the
testator
must
provide
verbal
answers
8
to
all
of
the
following
questions,
asked
in
substantially
the
9
following
manner
before
signing:
10
a.
Are
you
currently
married?
If
so,
please
state
the
name
11
of
your
spouse.
12
b.
Please
state
the
names
of
anyone
who
assisted
you
in
13
accessing
the
video
conference
today.
14
c.
Please
state
the
names
of
anyone
who
assisted
you
in
15
preparing
or
reviewing
the
documents
you
are
signing
today.
16
d.
Where
are
you
currently
located?
17
e.
Who
is
in
the
room
with
you?
18
NEW
SUBSECTION
.
4.
Retention
of
remote
execution
record.
A
19
will
for
which
a
communication
technology
was
used
must
20
be
video
recorded.
The
attorney
for
the
testator
using
21
communication
technology
for
the
signing
of
a
will,
or
other
22
party
facilitating
the
remote
signing
of
a
will
if
the
testator
23
has
no
attorney,
shall
retain
the
video
recording,
or
cause
the
24
video
recording
to
be
retained
by
a
repository
designated
by
or
25
on
behalf
of
the
person
required
to
retain
the
video
recording.
26
Unless
the
testator
dies
sooner
or
terminates
the
relationship
27
with
the
attorney
or
other
person
required
to
retain
the
28
record,
the
video
recording
must
be
retained
for
a
period
of
at
29
least
ten
years
after
the
video
recording
is
made.
30
NEW
SUBSECTION
.
5.
Execution
of
remote
will
in
31
counterparts.
When
a
will
is
executed
using
a
communication
32
technology
under
this
section,
the
original
document
may
33
be
executed
in
one
or
more
counterparts
by
parties
located
34
in
different
locations,
and
all
such
counterparts
may
be
35
-1-
HF
2078.4412
(2)
89
cm/jh
1/
2
#1.
aggregated
to
comprise
the
complete
will
of
the
testator.
1
NEW
SUBSECTION
.
6.
Remote
wills
under
disaster
proclamation
2
deemed
to
satisfy
this
section.
Any
wills
executed
using
the
3
remote
signing
procedures
permitted
under
the
proclamation
of
4
disaster
emergency
of
the
governor
issued
March
22,
2020,
shall
5
be
deemed
to
satisfy
the
presence
requirements
of
this
section
6
if
the
will
was
executed
during
the
effective
dates
of
the
7
proclamation
of
disaster
emergency.
8
NEW
SUBSECTION
.
7.
Definition.
For
purposes
for
this
9
section,
“presence”
means
any
manner,
physical
or
electronic,
10
in
which
the
witnesses
and
testator
can
see
and
hear
the
acts
11
of
each
other
in
real
time
using
a
communication
technology
12
that
meets
the
requirements
of
section
9B.14A,
subsection
1,
13
paragraph
“a”
.
14
Sec.
2.
Section
633.301,
Code
2022,
is
amended
to
read
as
15
follows:
16
633.301
Copy
of
will
for
executor.
17
When
Upon
request
by
the
executor,
when
a
will
has
been
18
admitted
to
probate
and
certified
pursuant
to
section
633.300
,
19
the
clerk
shall
cause
a
certified
copy
thereof
to
be
placed
20
in
the
hands
of
the
executor
to
whom
letters
are
issued.
The
21
clerk
shall
retain
the
will
in
a
separate
file
provided
for
22
that
purpose
until
the
time
for
contest
has
expired,
and
23
promptly
thereafter
shall
place
it
with
the
files
of
the
24
estate.
>
25
2.
Title
page,
by
striking
line
1
and
inserting
<
An
Act
26
relating
to
wills,
including
witness
requirements
for
the
27
execution
of
a
will
and
procedure
for
wills
to
be
admitted
into
28
probate.
>
29
______________________________
JULIAN
GARRETT
-2-
HF
2078.4412
(2)
89
cm/jh
2/
2
#2.