Sen. Lazzara files bill in North Carolina Senate to enact electronic wills law

A new bill filed by State Sen. Lazzara seeks to establish legal standards for electronic wills and revise estate and trust administration laws in North Carolina, according to the North Carolina State Senate.

The bill, filed as SB 309 on March 17 during the 2025 regular session, was formally listed with the short title: ‘Changes to Estates and Trusts Statutes.’

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill seeks to enact the North Carolina Uniform Electronic Wills Act, which would allow electronic wills to be recognized legally and outlines their execution, revocation, and certification processes. It specifies that electronic wills must be signed by the testator and attested by two witnesses, and allows for conversion of paper wills to electronic format. Updates to elective share statutes clarify valuation and procedural rules, allowing claims only within the lifetime of the surviving spouse. The bill also revises provisions for trust administration, including timelines and conditions for contesting trust validity. Amendments to year’s allowance statutes alter procedures for spousal and child allowances, while sections on handling small estates allow specified debt payments to clerks. Effective January 1, 2026, these changes apply to electronic wills executed and trust settlements occurring on or after this date.

A related bill, HB 377, was also filed in the North Carolina House, introduced by Rep. Sarah Stevens on March 11, 2025.

Of the three sponsors of this bill, Amy S. Galey proposed the most bills (20) during the 2025 regular session.

Bills in North Carolina follow a multi-step process before becoming law. A lawmaker starts by filing a bill, which is assigned to a committee for review. The bill must be read three times in each chamber. If one chamber changes the bill after the other passes it, both must agree on the final version. Once both chambers approve the same bill, it goes to the governor, who has 10 days (or 30 if the legislature is not in session) to sign, veto, or let it become law without a signature.

You can read more about the bills and other measures here.

Lazzara, a Republican, was elected to the North Carolina State Senate in 2021 to represent the state’s 6th Senate district, replacing previous state senator Harry Brown.