HB 377: 2026 Court Changes. - North Carolina

Edition 4 → Ratified · 3 edits

MINOR

The changes from Edition 4 to the Ratified version of HB 377 are limited to a status update (marking the bill as 'RATIFIED BILL') and minor technical corrections, including removal of a duplicate article in the will safekeeping statute and a small wording fix in the divorce default judgment provision. No substantive policy changes were made between these two versions, indicating the governor ratified the bill without amendments.

TECHNICAL

Bill header changed from 'Fourth Edition Engrossed 6/3/26' to 'RATIFIED BILL,' reflecting gubernatorial ratification.

In G.S. 50-10(e) (divorce default judgment), the phrase 'defaulted for failure to appear' was changed to 'defaulted for failed to appear,' a minor wording correction.

In G.S. 31-11(a) (will safekeeping), the duplicate article in 'or an a testator's agent under a valid power of attorney' was corrected to 'or a testator's agent under a valid power of attorney.'

Edition 3 → Edition 4 · 1 edit

MINOR

The bill text was updated from Edition 3 to Edition 4, incorporating changes approved by the Senate Judiciary Committee. The substantive content of the bill regarding adoption record retention and tenant appeal procedures remains unchanged from the previous version, indicating this update is primarily for legislative tracking and version control.

TECHNICAL

The bill version number was updated from Edition 3 to Edition 4, and the date of the Senate Judiciary Committee substitute was updated to reflect the 2026 session timeline.

Edition 2 → Edition 3 · 5 edits

MODERATE

The bill was significantly rewritten to change its focus from enacting a new Uniform Electronic Wills Act to making technical corrections and facilitating e-filing in adoption cases. It also clarifies rules for tenants appealing eviction judgments. The original provisions regarding electronic wills, elective shares, and trust administration were removed entirely.

Scope change

The bill's scope shifted from broad estate planning reforms to specific procedural updates for adoption records and tenant-landlord appeals.

SCOPE

Removed the entire section establishing the North Carolina Uniform Electronic Wills Act, which previously defined how electronic wills could be created, executed, and probated.

Removed provisions updating statutes related to trust administration, year's allowance, and elective share calculations.

REQUIREMENT

Added new requirements for adoption records, mandating that copies of petitions, consents, and decrees be sent to the Division within 10 days and transmitted to the State Registrar within 40 days.

Modified the rules for tenants appealing eviction judgments, clarifying that continuing to pay periodic rent under a prior undertaking satisfies the requirement to post a bond to stay execution of the judgment.

TECHNICAL

Added a provision allowing adoption records to be transferred electronically or via electronic access within the court's filing system.

Edition 1 → Edition 2 · 3 edits

MINOR

This bill update primarily involves administrative and formatting changes rather than substantive policy shifts. The document was reclassified as a 'Committee Substitute,' indicating it has been amended by the Judiciary Committee after its initial introduction. Additionally, the original sponsor information and referral details were removed from the header, while the internal version number was updated from v-1 to v-2.

TECHNICAL

The bill title was updated to reflect its status as a 'Committee Substitute' dated March 25, 2025, indicating it has been revised by the Judiciary Committee.

The original sponsor name (Representative Stevens) and the full referral history were deleted from the document header.

The internal version identifier was changed from 'H377-v-1' to 'H377-v-2' to track the legislative revision.

A2: ACE-133-V-1 → Edition 1 · 5 edits

MODERATE

The bill was converted from a draft amendment to a formal House Bill, shifting the focus from updating paper will storage rules to enacting the North Carolina Uniform Electronic Wills Act. This change introduces new legal definitions for electronic wills and establishes specific execution requirements for digital testaments, allowing them to be probated just like traditional paper wills.

Scope change

The bill's scope expanded from a narrow amendment regarding physical will depositories to a comprehensive new article governing electronic wills, electronic signatures, and the conversion of paper wills to digital formats.

SCOPE

Added a new Article 11 to Chapter 31 establishing the North Carolina Uniform Electronic Wills Act.

DEFINITION

Defined key terms such as 'electronic will,' 'record,' and 'sign' to clarify how digital documents are treated under the law.

REQUIREMENT

Established new requirements for executing electronic wills, including recording the will as text, electronic signatures, and attestation by two witnesses.

Created a process for converting existing paper wills into electronic records with a certified affidavit.

TIMELINE

Set the bill's effective session to 2025, whereas the previous draft referenced a 2026 effective date.

A1: ABB-39-V-6 → A2: ACE-133-V-1 · 6 edits

MODERATE

The bill was updated from version A1 to A2, changing the amendment's focus from modifying court cost assessments to modifying the safekeeping of wills. The amendment now requires clerks of superior court to maintain a specific depository for testators to deposit original wills for safekeeping, with strict rules on when these documents can be withdrawn or opened for inspection.

Scope change

The scope of the amendment shifted entirely from financial regulations regarding court costs to procedural regulations regarding the storage and access of legal wills.

REQUIREMENT

The amendment instructions were rewritten to change the target of the legislation from G.S. 6-20 and G.S. 7A-305 (court costs) to G.S. 31-11 (wills safekeeping).

New requirements were added mandating that superior court clerks maintain a receptacle or depository for testators to deposit original wills for safekeeping.

New provisions were added restricting public access to deposited wills until the testator dies, after which they can be opened to interested parties.

Previous instructions to amend statutes regarding court cost assessments and facility fees were removed.

DEFINITION

Specific rules were added defining who may deposit a will (testator, agent, or attorney) and when the clerk is authorized to receive it (only while the testator is alive).

TIMELINE

A new effective date of October 1, 2026, was added for the wills safekeeping section.

Filed → A1: ABB-39-V-6 · 3 edits

MINOR

The bill was amended to clarify the distinction between court costs and expenses, updating the specific fees assessed in civil actions and how they are distributed to counties or municipalities. Additionally, the amendment corrects a procedural error in the text regarding the location of exhibits and files provided to attorneys.

Scope change

The bill's scope regarding civil action fee assessments was modified to change where facility fees are remitted and to clarify the conditions under which certain motion fees are charged.

FISCAL

Updated the allocation of courtroom facility fees, changing them from being remitted to the county to being remitted to the municipality providing the facilities, with a fallback to the county if the municipality does not provide the facilities.

REQUIREMENT

Rewrote the section defining the distinction between costs and expenses to ensure legal clarity and accuracy in how these terms are applied in court proceedings.

TECHNICAL

Corrected a sentence structure error regarding the provision of documentary exhibits and digital storage media to appointed attorneys.

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