When the RON process for wills takes effect on July 1, 2020, executing a will online will be more involved than RON for living wills, health care surrogate designations, and powers of attorney. In addition to the two step authentication required for the signor (the “testator” of a will) and witnesses, an electronic will must be stored online with a “qualified custodian.” The “original” will cannot be delivered to the client. The client will only receive a copy.
Once a will is held by a qualified custodian, it is up to the qualified custodian to deliver the will to the probate court upon the testator’s death. Exactly how this process will work is not yet known since the authority to create electronic wills does not take effect until July 2020. What happens if the qualified custodian goes out of business is not known.
This process may work well for individuals who seek a simple, straight-forward will and are well versed and comfortable clicking through computer processes.
The issue remains, however, about how to create your will in the first place. If you are familiar with the law of wills, an online will service may work for you. It is likely that those services will include RON when it becomes effective.
If you seek a simple, straight-forward will but are not familiar with the law of wills, consider the Simple Life Plan offered by Blackburn Law Firm, PLLC at www.MySimpleLifePlan.com. This is a hybrid system – you answer 6 questions to verify that your will is simple, fill out a questionnaire, pay the fee (1/2 the regular fee for meeting personally with the lawyer), and schedule a time to sign your documents in our office. The lawyers of Blackburn Law Firm consult with you by telephone and prepare your documents. For those who want it, we anticipate incorporating RON into this process. Check MySimpleLifePlan.com to see if RON is available.