Section 474.542

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 474

Effective - 28 Aug 2025, see footnote   

  474.542.  Definitions. — As used in sections 474.540 to 474.564, the following terms mean:

  (1)  "Electronic", technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

  (2)  "Electronic presence", the relationship of two or more individuals in different locations in real time using technology enabling live, interactive audio-visual communication that allows for observation, direct interaction, and communication between or among the individuals;

  (3)  "Electronic will", a will executed electronically in compliance with subsection 1 of section 474.548;

  (4)  "Record", information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

  (5)  "Security procedure", a procedure to verify that an electronic signature, record, or performance is that of a specific person or to detect a change or error in an electronic record, including a procedure that uses an algorithm, code, identifying word or number, encryption, or callback or other acknowledgment procedure;

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

  (a)  Execute or adopt a tangible symbol; or

  (b)  Affix to or logically associate with the record an electronic symbol or process;

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

  (8)  "Will", a codicil and any testamentary instrument that 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.

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(L. 2025 H.B. 754)