In December 2025, New York Governor Kathy Hochul signed the Electronic Wills Act into law. In short, this new law establishes a statutory framework for how wills can be executed, attested, and filed electronically. At the same time, Governor Hochul’s signature was accompanied by an approval memo that called for chapter amendments consistent with issues identified by the Commercial Law and Uniform State Laws Committee in their June report on the bill. Overall, it sets out to resolve the long-standing challenges with traditional, paper-based wills, while aligning the state with modern digital practices and estate planning laws. Without further ado, please continue reading to learn more about the new Electronic Wills Act and how an experienced New York City wills attorney at Zimmet Law Group, P.C., can help you apply this to your estate plan effectively.
What should I know about the new Electronic Wills Act in New York?
Previously, New York law required wills to be written on paper and signed in the physical presence of witnesses. During the COVID-19 pandemic, an executive order permitted remote witnessing, but this was only temporary and has since expired. Overall, this was noted to pose a challenge to executors with mobility issues or living in remote areas, or who had witnesses with either of these conditions.
Well, the new Electronic Wills Act builds on the foundation of executing a legally sound and enforceable will, now in an electronic space. Without further ado, below is a brief description of the core validity requirements for electronic wills in New York:
- A will must exist as an electronic record that is readable as text at the time it is signed (i.e., an accessible digital format).
- A testator must affix an electronic signature themselves, or have another person sign on their behalf in their physical presence and by their direction.
- At least two individuals must sign the wills physically or electronically, in the physical or electronic presence of the testator, within 30 days of witnessing the testator’s signing or acknowledgement.
- An electronic will must be filed with the New York State Unified Court System within 30 days after its execution.
What are the risks of incorrectly handling electronic will execution?
If you are deeply considering an electronic will for your estate plan, we urge you to attain legal assistance from a seasoned attorney. Your attorney may work on your behalf to ensure specific security and identity verification protocols are met during your execution. Namely, that your video or remote interactions satisfy attestation standards. Plus, your electronic signatures are securely captured and stored.
Otherwise, if you accidentally commit such a technical error, the New York State Surrogate’s Court may be hesitant to admit your electronic will as a valid and enforceable source of testamentary intent. At the very least, it may open up the opportunity for third parties to initiate estate litigation proceedings, possibly claiming fraud. Ultimately, this is the same response that would be had if doubts about signatures, witness presence, document storage, document filing, etc., arose around a traditional, paper-based will.
All of this to say, if you wish to explore your legal options moving forward, please allow a skilled New York City estate planning attorney from Zimmet Law Group, P.C., to be your guiding force. Please schedule your initial consultation with our firm at the first chance you get.
