New York Enacts Electronic Wills Act Electronic Wills Authorized Beginning December 12, 2027

In 2025, New York Governor Kathy Hochul signed a bill into law authorizing the use of electronic wills, and in 2026 adopted a chapter amendment finalizing the statutory framework. The law adds a new Part 6 to Article 3 of the New York Estates, Powers and Trusts Law (“EPTL”), entitled “Electronic Wills.”

Although the statute is now part of New York law, electronic wills will not be legally effective until December 12, 2027. Until that date, traditional paper wills executed in compliance with existing EPTL requirements remain the method of executing a will in New York.

Overview of the New Law

The New York Electronic Wills Act (“Act”) establishes a comprehensive statutory framework governing:

·       The creation and execution of wills in electronic form,

·       The use of electronic presence and communication technology for witnessing,

·       Audit‑trail and security requirements,

·       Revocation of electronic wills, and

·       Mandatory filing with the New York State Unified Court System.

An electronic will executed in compliance with the Act is deemed “a will for all purposes of the law of this state,” subject to the same substantive legal principles that apply to traditional wills, except as expressly modified by the statute.

Key Definitions

The Act introduces several important definitions, including:

·     “Communication technology” – an electric device or process that allows two or more remotely located individuals to communicate with each other simultaneously by sight or sound.

·     “Electronic will” – a will executed electronically in compliance with EPTL § 3‑6.6 and subsequently filed with the New York State Unified Court System in accordance with EPTL § 3‑6.9.

·     “Electronic presence” – the real‑time communication of individuals in different locations using communication technology to the same extent as if physically present.

·     “Audit trail data” – data documenting activities relating to the creation and execution of an electronic will.

Execution Requirements

In order to be valid under the Act, an electronic will must satisfy detailed execution formalities, including:

·       The will must exist as a record readable as text at the time of signing.

·       The will must be signed at the end by the testator, or by another individual in the testator’s name, in the testator’s physical presence and at the testator’s direction, consistent with existing EPTL execution principles.

·       The testator must declare to at least two attesting witnesses—in their physical or electronic presence—that the instrument is the testator’s will.

·       At least two witnesses, each domiciled in a state, must sign the will within thirty days after witnessing the testator’s signing or acknowledgment.

In addition, the electronic will must be created and stored using technology that reliably evidences:

·       The authenticity of the testator’s signature,

·       The identity of the electronic record signed by the witnesses,

·       Any additions, deletions, or alterations after signing, and

·       The required audit trail data.

Cautionary Disclosure

Each electronic will must include a “Caution to the Testator” disclosure in at least twelve‑point, boldface, double‑spaced type. The Act requires detailed language advising the testator, among other things, that:

·       The will reflects the testator’s final wishes,

·       Specific signing and witnessing requirements must be followed,

·       The electronic will must be filed with the Unified Court System within thirty days after the electronic will is executed, and

·       The testator may revoke the electronic will at any time, including by removing it from the New York State Unified Court System.

New York State Unified Court System Filing

A unique element required under the Act is mandatory filing:

·       An electronic will must be electronically filed with the New York State Unified Court System within thirty days of its execution.  Traditional paper wills have no mandatory filing requirement, until after the testator’s death.

·       Failure to timely file results in the electronic will being deemed invalid.

·       Once filed, the electronic will remains in the custody of the Unified Court System until revoked or removed in accordance with the Act.

Revocation

The statute provides several methods by which an electronic will may be revoked, including:

·       Execution of a subsequent will that revokes all of part of the electronic will,

·       Removal of the electronic will from custody of the New York State Unified Court System by the testator or another authorized person, or

·       a written revocation executed with the formalities required for a will.

Removal of an electronic will from court custody during the testator’s lifetime does not automatically constitute revocation unless done in accordance with the Act.

Self‑Proving

The Act permits an electronic will to be simultaneously executed, attested, and made self‑proving through electronic acknowledgments and affidavits, including those taken before an officer authorized to administer oaths in physical or electronic presence, provided statutory conditions are satisfied.

Conclusion

Until December 12, 2027, individuals should continue to execute wills using traditional paper‑based formalities. As the effective date approaches, additional court rules, regulations, and administrative procedures may be issued governing filing, storage, and access to electronic wills.

We will continue to monitor developments relating to implementation of the New York Electronic Wills Act.  Individuals considering estate planning updates should consult counsel to determine the most appropriate approach under current law.

Our firm has extensive experience counseling individuals and entities on statutory and regulatory requirements, as well as preparing and implementing applicable policies. If you have any questions related to this Legal Briefing, please contact any member of our firm at 585-730- 4773.

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This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2026 Law Offices of Pullano & Farrow PLLC