Estate planning in New York is entering a new era. Beginning December 12, 2027, New York will recognize properly executed electronic wills, giving clients and families a modern option for documenting their wishes while preserving important safeguards against fraud, mistake, and uncertainty.
Although traditional paper wills will remain available, the Electronic Wills Act creates a new framework for signing, witnessing, storing, filing, proving, and revoking wills in electronic form. For clients, the law may eventually make estate planning more flexible and convenient—but only if its detailed requirements are followed carefully.
What the New Law Allows
An electronic will is more than a typed document, scanned copy, or electronically stored PDF. Under the Act, it must be executed electronically, witnessed properly, capable of being authenticated through technology and “audit trail data,” and filed with the New York State Unified Court System. “Audit trail data” means data about the activities of data, including but not limited to the electronic will’s creation and execution.
The statute also recognizes “electronic presence,” which allows participants in different locations to communicate in real time using communication technology to the same extent as if the individuals were physically present in the same location. This may expand flexibility for some clients, but it also makes compliance with the statute’s technical requirements especially important.
Key Requirements Clients Should Understand
To be valid, an electronic will must be readable as text when signed, signed at the end by the testator or by another person at the testator’s direction and in the testator’s physical presence, and declared by the testator to be his or her will.
At least two witnesses must sign, at the request of the testator, within thirty days after witnessing the signing, or after witnessing the testator’s acknowledgment of the signature or the will. The electronic record must also be supported by technology that can show authenticity, identify the document witnessed, track later changes, and preserve audit trail data.
The Act also permits electronic wills to be made self-proving through contemporaneous acknowledgments and witness affidavits, which may help streamline probate if the statutory procedures are satisfied.
Filing Is Essential
One of the most important features of the new law is the filing requirement. Within thirty days after execution, the electronic will and its audit trail data must be filed electronically with the New York State Unified Court System by the testator or someone authorized by the testator.
If the electronic will is not timely filed, it is deemed invalid. In other words, signing the document is not enough; the court filing step is a central part of creating a valid electronic will under the Act.
What This Means for Your Estate Plan
Electronic wills may eventually offer a convenient planning tool for New Yorkers, particularly where distance, mobility, or scheduling issues make traditional execution more difficult. However, the Act is highly technical. A mistake in execution, witnessing, technology, storage, or filing could create serious questions about validity.
For now, clients should view the Electronic Wills Act as an important development to watch rather than an invitation to handle estate planning informally. Careful legal guidance will remain essential to ensure that a will accurately reflects the client’s wishes and complies with New York law.
Hurwitz Fine's estate planning team can help clients understand their options, prepare legally effective documents, and revisit existing plans using traditional wills, as New York’s electronic-will rules move closer to taking effect.
