Senate
File
2240
-
Introduced
SENATE
FILE
2240
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3014)
A
BILL
FOR
An
Act
relating
to
wills,
including
witness
requirements
1
for
the
execution
of
a
will
and
procedure
for
wills
to
be
2
admitted
into
probate.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5271SV
(2)
89
cm/jh
S.F.
2240
Section
1.
Section
633.279,
Code
2022,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
3.
Electronic
presence
requirements.
For
3
electronic
presence,
the
testator
must
provide
verbal
answers
4
to
all
of
the
following
questions,
asked
in
substantially
the
5
following
manner
before
signing:
6
a.
Are
you
currently
married?
If
so,
please
state
the
name
7
of
your
spouse.
8
b.
Please
state
the
names
of
anyone
who
assisted
you
in
9
accessing
the
video
conference
today.
10
c.
Please
state
the
names
of
anyone
who
assisted
you
in
11
preparing
or
reviewing
the
documents
you
are
signing
today.
12
d.
Where
are
you
currently
located?
13
e.
Who
is
in
the
room
with
you?
14
NEW
SUBSECTION
.
4.
Definition.
For
purposes
for
this
15
section,
“presence”
means
any
manner,
physical
or
electronic,
in
16
which
the
witnesses
and
testator
can
see
and
hear
the
acts
of
17
each
other
in
real
time.
18
Sec.
2.
Section
633.301,
Code
2022,
is
amended
to
read
as
19
follows:
20
633.301
Copy
of
will
for
executor.
21
When
Upon
request
by
the
executor,
when
a
will
has
been
22
admitted
to
probate
and
certified
pursuant
to
section
633.300
,
23
the
clerk
shall
cause
a
certified
copy
thereof
to
be
placed
24
in
the
hands
of
the
executor
to
whom
letters
are
issued.
The
25
clerk
shall
retain
the
will
in
a
separate
file
provided
for
26
that
purpose
until
the
time
for
contest
has
expired,
and
27
promptly
thereafter
shall
place
it
with
the
files
of
the
28
estate.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
requirements
regarding
wills.
33
To
be
valid,
all
wills
and
codicils
must
be
in
writing
34
and
signed
in
the
presence
of
two
witnesses,
whether
the
35
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5271SV
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cm/jh
1/
2
S.F.
2240
will
is
formally
executed
or
self-proved.
The
bill
provides
1
that
“presence”
means
any
manner,
physical
or
electronic,
in
2
which
the
witnesses
and
testator
can
see
and
hear
the
acts
of
3
each
other
in
real
time.
The
bill
provides
questions
that
a
4
testator
must
provide
verbal
answers
to
meet
the
requirements
5
of
electronic
presence
prior
to
signing
a
will
or
codicil.
6
Under
current
law,
when
a
will
has
been
certified
and
7
admitted
to
probate,
the
clerk
must
provide
a
certified
copy
8
of
the
will
to
the
executor.
The
bill
provides
that
the
9
clerk
must
provide
a
certified
copy
of
the
will
only
upon
the
10
executor’s
request.
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2