The number of states that have or will recognize electronic wills is increasing, though they still are a minority of the country.

Traditionally, a will is valid only when it meets certain requirements described in state law.

There must be a “physical writing.” Some states will recognize oral wills under very limited circumstances. Otherwise, a person’s last wishes must be recorded on paper or something similar to be recognized.

A will must be signed by the testator (the person making the will). The testator must sign in the presence of a minimum number of witnesses (usually two or three), who must sign as witnesses. Sometimes a notary must attest to the signature.

There are few exceptions to these rules.

The formalities are in place to limit the potential for fraud, forgery, duress and other incidents of foul play in dispersing estates.

Many people believe technology is removing the need for some of the formalities, especially the need for a physical writing.

Now, at least 15 states have changed their rules to accept paperless electronic wills under certain conditions.

New York is the latest state to pass legislation. The other states are Arizona, Colorado, Florida, Idaho, Illinois, Indiana, Maryland, Minnesota, Missouri, Nevada, North Dakota, Oklahoma, Utah, and Washington.

The New York Electronic Wills Act was signed by the governor on December 12, 2025. It does not take effect until June 10, 2027. The details of the New York law are similar to the other electronic will statutes that have been enacted.

To be valid under the New York law, an electronic will must be readable in text at the time it is signed and must have “audit trail data.”

The will must include disclosure language that is double-spaced in boldface type in a twelve-point or larger font. The statute includes sample disclosure language.

The video player is currently playing an ad. You can skip the ad in 5 sec with a mouse or keyboard

The testator’s electronic signature must be affixed at the end of the will, or another individual may sign on the testator’s behalf in the presence of the testator and at the testator’s direction.

An electronic will is required to have at least two individual witnesses who must be domiciliaries of New York. The witnesses must sign the will either physically or electronically in the physical or electronic presence of the testator within 30 days of the testator’s signing or acknowledgement.

An electronic will must be filed with the New York State Unified Court System within 30 days of its execution. A failure to timely file makes the will invalid.

An electronic will can be revoked fully or in part in one of several ways.

A subsequent will can revoke the previous will in whole or in part. The entire electronic will can be revoked by removing it from the custody of the New York State Unified Court System.

The testator also can execute any writing that indicates a clear intent to revoke or alter the previous will. This writing must have certain formalities prescribed in the law.

There are unanswered questions in the law, and some lawyers believe it will lead to an increase in will contests at least in the short term until the questions are answered.

Readers in states where electronic wills are allowed should talk with their estate planners to determine if they prefer an electronic will or want to stay with the traditional version.