Electronic Wills Are Coming to New York 

What does this mean for your estate planning?

Beginning in June 2027, the execution of a Last Will and Testament may be completed electronically under New York law. Historically, the execution ceremony for a Will has taken place in an attorney’s office, with the client physically signing their Will in the presence of at least two witnesses.

The New York Electronic Wills Act, which became law late last year, expands on this process by allowing Wills to be signed and witnessed electronically, with the assistance of computers, smartphones, and other digital technology, provided specific statutory requirements are met.

Below are answers to some frequently asked questions about what this change may mean for you and your loved ones.

What is an Electronic Will? 

An Electronic Will is a Will executed in compliance with law using the assistance of computer technology. This includes electronic signatures, and witnesses who are electronically present through live video conferencing.

Who benefits from this new law? 

The ability to execute a Will electronically may particularly benefit individuals who do not currently have a Will because it is impractical or impossible to meet with an attorney in person. This includes individuals with limited mobility, those who live far from their attorney, or individuals who are temporarily located outside of New York.

Must an Electronic Will be signed on a computer? 

No. While an Electronic Will can be executed entirely online, it may also begin as a paper Will that the client signs, with computer technology used to complete other execution requirements.

Are Electronic Wills witnessed?

Yes. Whether the client signs a physical or electronic document, two disinterested witnesses must observe the client signing their Will, or the client must acknowledge their signature to the witnesses, in real time. The witnesses then have thirty days to attest to the client’s signature and sign their names at the end of the Electronic Will.

Are Electronic Wills notarized?

No. Like traditional paper Wills, the client’s signature on an Electronic Will is not required to be notarized. However, to complete self-proving documents that typically accompany a Will as proof of its proper execution, the client must complete an acknowledgment in the physical or electronic presence of a Notary Public. 

What technology is needed?

Generally, the client and witnesses will need a smartphone, tablet, laptop, or computer equipped with a camera and microphone, along with the ability to connect to the internet and access email.

Can an Electronic Will be signed outside of New York? 

Yes. An Electronic Will may be executed by an individual who is physically located outside of New York State at the time of signing.

How is the integrity of an Electronic Will preserved?

A true and complete electronic copy of an Electronic Will must be filed with the New York Unified Court System within thirty days of its execution together with audit trail data. The Electronic Will then remains in the court’s custody until it is withdrawn in accordance with the law. 

Must all Wills be filed with the court? 

No. Only Electronic Wills must be filed with the court. Filing a traditional paper Will that was signed by the client in the physical presence of two disinterested witnesses remains at the client’s discretion. 

Can Electronic Wills be revoked? 

Yes. An Electronic Will may be revoked at any time by executing a subsequent Will or separate writing that clearly indicates the client’s intent to revoke all or part of the Electronic Will. An Electronic Will may also be revoked by requesting that it be removed from the New York Unified Court System.

Can Electronic Wills be probated?

Yes. If properly executed in accordance with New York law, an Electronic Will has the same legal effect as a traditional paper Will and can be considered by a court for its admission to probate.

Is an attorney needed for an Electronic Will? 

No. However, as with traditional Wills, there are specific legal formalities that must be followed during the execution of an Electronic Will. If these formalities are not properly observed, the Electronic Will may later be found invalid during the estate administration process.

For this reason, having an experienced estate planning attorney supervise the execution of your Will, whether electronic or traditional, is highly recommended to ensure it complies with all statutory requirements.

Anna R. Myers Norton is an associate attorney with O’Connell and Aronowitz, One Court Street, Saratoga Springs, New York. Anna’s practice focuses on trust and estate law, including estate planning, estate administration, and guardianship.