New York Electronic Wills Act Enacted, Not Yet Effective

On December 12, 2025, Governor Hochul signed the New York Electronic Wills Act into law (the “EWA”).^[i] Per the terms of the EWA, the legislation takes effect on June 10, 2027 (i.e., 545 days from its enactment), and will be codified as a new Section 3-6.1 et seq. of the New York Estates, Powers and Trusts Law (“EPTL”).^[ii]

By enacting the EWA, New York joins 14 other states, plus the District of Columbia, in allowing for the execution of electronic wills.^[iii] By comparison, the large majority of states in the U.S. do not allow for electronic wills. Regardless of whether you are in favor of paperless electronic wills, the enactment of the EWA is momentous – especially when one considers that the act of writing a physical, tangible testamentary dispositive document dates to Ancient Egypt.^[iv]

The requirements for a valid electronic will (hereinafter, “E-Will”) under the EWA are as follows:^[v]

• The E-Will must be a record that is readable as text at the time it is signed.
• The E-Will must include disclosure language in twelve-point font or larger, boldface, and double-spaced type. The EWA provides sample language for this purpose, which must be substantially adhered to.
• The testator must affix to the end of the E-Will an electronic signature or have another individual sign on the testator’s behalf in the testator’s physical presence and by the testator’s direction, in a manner consistent with EPTL § 3-2.1(a)(1)(C).
• At least two individual witnesses, each of whom must be a domiciliary of a state, must sign the E-Will physically or electronically, in the physical or electronic presence of the testator, within 30 days of witnessing the testator’s signing or acknowledgment.
• The E-Will must contain “audit trail data.”^[vi]
• The E-Will must be filed with the New York State Unified Court System within 30 days of its execution. The EWA is explicit that the failure to file the E-Will results in the E-Will being deemed invalid.

Like traditional wills, an E-Will does not need to be notarized to be effective. To be self-proved, however, the E-Will must be acknowledged by the testator and include affidavits of the witnesses, which must be: (i) made before and in the physical or electronic presence of the notary public and (ii) evidenced by the notary’s certificate under official seal affixed to or logically associated with the E-Will.^[vii]

The EWA provides that an E-Will may revoke all or part of a previous will.^[viii] An E-Will is revoked by: (i) a subsequent will that revokes all or part of the E-Will, (ii) removing the E-Will from the custody of the New York State Unified Court System (except as specifically provided for in EPTL § 3-6.7(C)),^[ix] (iii) a writing of the testator clearly indicating an intention to effect such a revocation or alteration, executed with the formalities prescribed by Article 3 of the EPTL for the execution and attestation of a will.^[x]

The New York Sponsors Memo issued in support of the EWA states the EWA “not only modernizes estate planning, but democratizes it, too.” ^[xi] Nevertheless, the EWA raises immediate concerns and leaves some questions unanswered. For example:

1. Query whether the above stated goal of democratizing estate planning is met in the EWA. Individuals, regardless of wealth or status, will need access to, and have knowledge of, the proper technology (i.e., a computer with appropriate software) that allows them to electronically execute an E-Will and subsequently submit it for filing with the New York Unified Court System.
2. For purposes of determining the 30-day court filing deadline, when is an E-Will deemed to have been executed? Is it deemed executed when the testator signs the E-Will or when the witnesses have affixed their signatures to it?
3. What is the result if an E-Will does not include the required disclosure statement?
4. What is the result if an E-Will does not include “audit trail data?”
5. Because the E-Will signing ceremony can take place via video-conference technology, there is heightened risk of undue influence occurring. For example, there could be a thirty-party individual present in the room with the testator who coerces the testator to sign the E-Will but is not visible to the witnesses and/or supervising attorney, if any.
6. Once filed with the New York Unified Court System, will the E-Will be secured privately and never be made part of the public record unless the E-Will is required to be offered for probate?

Many practitioners are concerned that there will be a significant increase in will contests, which will be focused on whether an E-Will complied with the strict statutory requirements set forth in the EWA. To the extent these concerns prove valid, significant doubt casts a shadow over the practical effectiveness of the new statute, which, unfortunately, would frustrate the achievement of its stated goals. As is the case with all newly enacted legislation, we should proceed with caution. The good news is that practitioners have until June 2027 to prepare.

[i] 2025 N.Y. S.B. 7416 (enacted Dec. 12, 2025).

[ii] N.Y. EPTL § 3-6.1 et seq. (eff. June 10, 2027).

[iii] Those 14 states are Arizona, Colorado, Florida, Idaho, Illinois, Indiana, Maryland, Minnesota, Missouri, Nevada, North Dakota, Oklahoma, Utah, and Washington.

[iv] See generally Nico Van Blerk, The Ancient Egyptian Testamentary Disposition, J. of Legal Hist. 199 (2020).

[v] N.Y. EPTL § 3-6.6 (eff. June 10, 2027).

[vi] The EWA defines “audit trail data” as “data about the activities of data, including but not limited to the electronic will’s creation and execution.” EPTL § 3-6.2(a) (eff. June 10, 2027).

[vii] Id. § 3-6.8 (eff. June 10, 2027).

[viii] Id. § 3-6.7 (eff. June 10, 2027).

[ix] Id. § 3-6.7(C) (eff. June 10, 2027) (“An electronic will may be removed from the custody of the New York State Court System by order of a court of competent jurisdiction which, if occurring during the lifetime of the testator, shall not be deemed revocation of the electronic will.”).

[x] Id. § 3-6.7 (eff. June 10, 2027).

[xi] N.Y. Spon. Memo., 2025 S.B. 7416 (April 19, 2025).