Utah recognizes electronic signatures for estate plans other than wills

People can use electronic records and signatures to meet writing and signature requirements for covered estate plans. Covered plans include trusts, documents authorizing someone to act for you, and health care instructions. Wills, property deeds, and vehicle, boat, or aircraft titles are excluded. These rules do not apply when the document bars electronic records or signatures. People can choose paper even after using electronic documents, and they cannot give up this protection. An electronic signature must reflect an intent to sign and must be the person's act. Other legal requirements still apply. The law took effect May 6, 2026. It covers electronic documents created, signed, generated, sent, communicated, received, or stored before, on, or after that date.

Witnesses can sign electronically and meet a required presence rule through real-time communication. These options apply to covered estate plans when other law requires witnessing, notarization, or an oath. Documents that bar electronic use are excluded. Remote participants must communicate in real time to the same extent as if they were together. An authorized person can satisfy a required notarization or oath by attaching their electronic signature and all information required by other law. These provisions took effect May 6, 2026, and also apply to electronic documents handled before that date.

People can use accurate, accessible electronic records to meet document storage and original-copy requirements. The rules cover keeping, sending, copying, and filing covered estate plans that allow electronic use. Related evidence cannot be excluded from a legal proceeding solely because it is electronic. The electronic record must accurately reflect the final document and remain accessible as required by other law. Government agencies may set additional storage requirements. Anyone certifying a paper copy must affirm under penalty of perjury that it is complete and accurate. Knowingly making a false statement can carry legal penalties. These provisions took effect May 6, 2026, and also apply to electronic documents handled before that date.