Q: I’ve read that New York recently introduced a law allowing wills to be executed electronically. What do I need to know?
A: In December 2025, Gov. Kathy Hochul enacted the New York Electronic Wills Act, landmark legislation that establishes a legal framework for wills to be executed, witnessed, and filed electronically. The law is intended to improve accessibility to estate planning and simplify the process of creating a valid will. However, there are several critical points New Yorkers should understand before relying on this new option.
First and foremost, the law has a delayed effective date. The Electronic Wills Act does not take effect until 545 days after enactment, meaning it will not be fully operative until mid-2027. Any electronic will executed before the effective date will not comply with the statute and will be treated as invalid. New Yorkers considering electronic wills should be aware that the framework is not yet available and should plan accordingly.
Once effective, the law sets out detailed requirements for a valid electronic will. The will must exist as an electronic record that is readable as text at the time it is signed. It must be maintained in a digital format that is accessible and legible, and it must contain “audit trail data” showing how the document was created, signed, and maintained.
The testator must affix their own electronic signature to the will, or direct another person to sign on their behalf while in the testator’s physical presence. In addition, at least two witnesses must sign the electronic will, either in the physical or electronic presence of the testator, within thirty (30) days of witnessing the testator’s signature or acknowledgment. The statute also mandates specific cautionary language, in a prescribed format, advising the testator of these validity requirements.
Most importantly, the electronic will must be filed with the New York State Unified Court System within thirty (30) days after execution. This filing deadline is strict. Failure to timely file renders the electronic will invalid—an obligation that does not apply to traditional paper wills.
Electronic wills represent a significant shift in New York estate planning and may offer valuable accessibility benefits. However, because of their technical and procedural requirements, careful planning is essential. Working with an experienced estate planning attorney is strongly recommended to determine whether an electronic will is appropriate for your individual circumstances.
By Frank Oswald, Esq. and Britt Burner, Esq.
Frank Oswald, Esq. is an associate attorney at Burner Prudenti Law, P.C., focusing on trusts and estates. Britt Burner, Esq. is the firm’s managing partner, concentrating her practice on estate planning and elder law. The firm serves clients throughout New York City and Long Island, with offices in East Setauket, Westhampton Beach, Manhattan, and East Hampton.