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In December 2025, Governor Hochul enacted the New York Electronic Wills Act – new legislation which creates a framework for wills to be executed, attested to, and filed electronically. The law is focused on providing accessibility for estate planning and simplifying the process for creating a valid will. However, there are several key points that New Yorkers should take into consideration before using this new framework.
When Will the New York Electronic Wills Act Be Effective?
First and foremost, the new legislation has a delayed effective date of 545 days after the Governor enacts the law – meaning that the law will not be fully effective until mid-2027. New Yorkers considering using an electronic will should be aware of this delayed rollout, and understand that the framework for these wills will not be implemented until the next calendar year. Any purported “e-will” executed prior to the effective date will not meet the requirements under the statute (and be treated as invalid).
What Are the Requirements for a Valid Electronic Will in New York?
The bill includes several core standards for valid execution. The will must exist as an electronic record, readable as text, at the time that it is signed; it must be in a digital format that is accessible, legible, and contains “audit trail data” – data showing how the document was created, signed and maintained. The person making the will must affix her own electronic signature to the will, or otherwise have another person sign the will on her behalf, in her physical presence and by her direction. Additionally, at least two other individuals must sign the e-will, in the physical or electronic presence of the testator, within thirty (30) days of witnessing the testator’s signature or acknowledgment. The bill also requires the Will to include specific cautionary language, in a statutorily required format, advising the testator of these validity requirements.
Crucially, the electronic will must be filed with the New York State Unified Court System within thirty (30) days after its execution. This is a strict filing deadline, and if the e-will is not filed within this thirty-day period, it is treated as invalid. Due to this strict deadline, which is not required of paper wills, it is critical that New Yorkers interested in electronic wills work with their counsel to determine that the proper filing protocol is met – and promptly.
Thinking About Creating an Electronic Will? Reach Out to an Estate Planning Lawyer
Electronic wills are a brave new frontier, and they may provide additional options to New Yorkers for accessibility in their estate planning. However, ensuring that these options fit into your estate plan requires careful thought and reflection. Working with a skilled estate planning attorney is highly recommended to determine the framework that’s best for you and your family.
By Britt Burner, Esq. and Frank Oswald, Esq.
Britt Burner, Esq. is the Managing Partner at Burner Prudenti Law, P.C. focusing her practice areas on Estate Planning and Elder Law. Frank Oswald, Esq. is an associate attorney at Burner Prudenti Law, P.C. focusing his practice areas on Trusts and Estates. Burner Prudenti Law, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.
