New York Electronic Wills Act

On December 12, 2025, New York State embraced the digital age by signing the New York Electronic Wills Act into law. 

What is an electronic Will? 

A Will that is executed, signed, witnessed, and notarized electronically. It must be filed with the New York State Unified Court System, which differs from traditional Wills which are signed in the physical presence of witnesses and do not require filing and are usually kept private until probate. 

Requirements of an electronic Will:

• The individual who is creating the will (testator) Will need to sign electronically or on their behalf by another person in the physical presence of the testator and at their direction. 

• Two witnesses must sign the will while the testator is present, either in person or remotely, and they must do so within 30 days.

• Electronic Wills must include a self-proving affidavit (a sworn statement), to confirm the will was validly signed and witnessed. 

• The Will must be filed with the court system within 30 days of its execution. 

The Act will go into effect after 545 days of its creation, June 10, 2027. A key benefit of the Act is the flexibility and convenience it offers, by allowing individuals to execute their wills remotely rather than in the physical presence of an attorney and their witnesses. At the same time the requirements must be strictly followed in order to avoid any legal challenges and to ensure the will is valid. The Electronic Wills Act marks a significant shift in how New Yorkers can plan for the future, blending modern technology with long-standing legal safeguards.