Electronic wills gain ground as New York joins trend

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On December 12, 2025, Governor Kathy Hochul signed the New York Electronic Wills Act into law. When it takes effect December 12, 2027, New York will join at least 14 other states that allow wills to be signed electronically, reflecting a broader shift toward digital options in estate planning.

What the Electronic Wills Act allows

The Electronic Wills Act creates a new way to execute a valid will in New York, allowing the signing, witnessing and filing process to take place electronically while preserving existing requirements for a valid will.

Supporters of electronic wills point to potential benefits like greater convenience, easier updates to estate planning documents and improved accessibility for individuals who may have difficulty attending an in-person signing because of travel, health concerns or limited mobility. Supporters also note that electronic execution platforms may include audit trails and authentication features designed to help reduce fraud risks and document how a will was executed. As more states explore digital execution options, electronic wills may become an increasingly familiar part of the estate planning process.

Key provisions of the law

• Wills can be signed electronically. The testator—the person making the will—can use an electronic symbol or process to sign it. Another person may sign on their behalf, as long as the person is physically present with the testator.
• Witnesses can participate remotely. At least two eligible witnesses must observe the signing or the testator's acknowledgment of the will, either in person or electronically. The testator must identify the document as their will, and each witness must sign within 30 days.
• Technology must protect the will's integrity. The technology used to create and store the will must be able to verify the authenticity of the testator's signature, confirm that witnesses attested to the same record, identify subsequent changes and preserve audit-trail data.
• The will must be filed within 30 days. The electronic will and its audit-trail data must be filed electronically with the New York State Unified Court System within 30 days after execution. A will that isn't filed on time is invalid.
• Electronic wills can be made self-proving. This may simplify probate by reducing the need to locate witnesses later. It requires acknowledgment by the testator and affidavits from the witnesses before an authorized officer, who may participate in person or electronically.

Existing standards around capacity, intent and a valid signature will continue to apply. The Electronic Wills Act applies specifically to wills. Other estate planning documents, such as trusts, powers of attorney and advance directives for healthcare, remain subject to existing execution rules.

Who is affected?

Even if you don't live in New York, the law may be worth watching. New York is the latest state to authorize electronic wills, and its adoption reflects a broader conversation about how technology may reshape estate planning. As more states evaluate digital execution options, individuals and families may encounter new ways to create, update and maintain estate planning documents.

Existing wills aren't affected simply because the law is changing and generally remain valid if they met the applicable requirements when they were executed.

What action is required and when

The law doesn't take effect until December 12, 2027, so no immediate action is required. Until then, wills must continue to meet New York's current requirements. Existing wills also don't need to be updated solely because electronic wills become an option.

In the meantime, court procedures and other implementation details will likely continue to develop. Additional guidance, filing procedures and administrative rules are expected as the December 2027 effective date approaches, providing greater clarity around how electronic wills will work in practice.

Who to talk to now

The value of an estate document rests on the certainty it provides when it's needed most, and this certainty comes from careful execution. Whether a will is signed on paper or electronically, clear documentation, proper execution and appropriate safeguards remain important to help ensure your wishes are carried out as intended. A First Citizens Wealth consultant can work with your attorney to review how your will, trusts and related documents fit together, as well as to identify anything worth addressing before the new law takes effect.