New York State Adopts Electronic Wills Act Starting in 2027
A few New York State laws were enacted by Governor Kathy Hochul right before December 31, 2025. One of the most notable new laws is the authorization of electronically signing Wills for New York State residents. Before deciding that this is the right approach for you, it’s important to be aware of the requirements. If you have questions about creating and signing a Will in New York, please consider scheduling a consultation with the experienced New York estate attorneys at Abelaj Law, P.C. by calling 212-328-9568.
Effect Date of New York Electronic Wills Act
The New York Electronic Wills Act was signed into law on December 12, 2025, and takes effect on June 10, 2027. Some provisions are based on existing law, such as the timing of witnesses signing the Will, and other provisions are newly created, such as required court filings.
The electronic Will must contain audit trail data, which likely means that an e-signing platform such as Adobe Sign, Docusign or a similar program must be used. The result is that the signers would not be able to insert a type-form “cursive” signature if there is not audit trail.
The witnesses must be domiciled in one of the fifty United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, any territory subject to the jurisdiction of the United States, or as part of a federally recognized Indian Tribe. In other words, the Will cannot be witnessed by an individual who is domiciled in another country.
Electronic Signing by Testator and Witnesses
Under current law, a testator may sign their Will, with or without the witnesses present, provided the testator declares to the witnesses, and the witnesses sign, the Will within 30 days after the Testator signs the Will. The Electronic Wills Act adopts this same approach to a Testator, and to the witnesses, who sign the Will in person or electronically. This is a two-pronged consideration.
First, the testator can sign the Will in person or electronically. Next, the witnesses can do the same thing, meaning they can witness the signing, or declaration of signing, either in person or electronically. In any of these combinations, provided the witnesses sign within 30 days of the testator’s signature, the Will is validly signed under the Electronic Wills Act.
Will May be Self-Proven Electronically
Under current law, Wills can be self-proven if the witnesses acknowledge in a signed writing within 30 days of signing, usually via a notarized affidavit, that they were witnesses to the Will. For most testators, this Affidavit is usually signed by the witnesses and notarized during the Will signing meeting. This important document is provided to the Surrogate’s Court when the Will is probated.
As background, if a Will does not include a self-proving affidavit, the original Will (and not a copy) must be provided to the witnesses after the decedent’s death at which time they will sign and notarize an affidavit after death providing that they were the witnesses to the Will. As you might imagine, this creates extensive cost and delay to the Estate as the witnesses must be located and the original Will must be presented to each witness, at which time the witness must arrange for a notary to notarize the affidavit.
The Electronic Wills Act anticipated this challenge and specifically provided that the Wills may be self-proven electronically as well. This will require that a notary also be present for the electronic signing of the Will.
Prompt Filing with Surrogate’s Court Required
Once the Will is fully executed by the testator and the witnesses, the law provides that the original document MUST be filed electronically with the local New York Surrogate’s Court within 30 days of execution. Failure to do this will automatically invalidate the Will. The Will may be filed by the testator or an authorized representative.
Testators have long had the ability to file their Wills prior to death. Under current law, if a testator executes a new Will after the prior one was filed, but the prior one was not removed from the Court before the testator’s death, the individuals in the prior Will who were adversely affected must receive notice and may have the right to object to the new Will. For this reason, many testators do not file their original Wills with the Court. They retain control over the final Will that is ultimately filed upon their death and probated.
The new law may result in many situations in which individuals have a right to object to a prior electronically filed Will if a new Will was executed and they were adversely affected in the new Will. In addition, both Wills would become public record at the time of death.
Revocation of Electronically Signed Will Filed in Surrogate’s Court
Removal by the testator or an authorized person of the electronically signed Will from the Surrogate’s Court will automatically revoke the Will. In addition, executing a new Will revoking the electronically signed Will or filing a new electronically signed Will with the Surrogate’s Court will revoke the Will on file.
Language required to be included in Will
An electronically signed Will MUST include the following language for it to be valid, in twelve-point font or larger, boldface and double-spaced:
CAUTION TO THE TESTATOR: YOUR WILL IS AN IMPORTANT DOCUMENT. AS TESTATOR, YOUR WILL SHOULD REFLECT YOUR FINAL WISHES. TO BE VALID, IT MUST BE SIGNED BY YOU OR ANOTHER INDIVIDUAL AUTHORIZED BY YOU AND WHO IS IN YOUR PHYSICAL PRESENCE AT THE TIME OF SIGNING. IT MUST ALSO BE SIGNED IN YOUR PHYSICAL OR ELECTRONIC PRESENCE BY AT LEAST TWO INDIVIDUALS, EACH OF WHOM IS A DOMICILIARY OF A STATE, AND EACH OF WHOM SIGNS THE WILL WITHIN A THIRTY DAY PERIOD AFTER WITNESSING YOU SIGN THE WILL OR ACKNOWLEDGE THAT YOU SIGNED IT.
WITHIN THIRTY DAYS AFTER THE ELECTRONIC WILL IS EXECUTED, IT MUST BE ELECTRONICALLY FILED WITH THE NEW YORK STATE UNIFIED COURT SYSTEM. YOU MAY REVOKE YOUR ELECTRONIC WILL AT ANY TIME. YOU MAY DO SO BY EXECUTING A SUBSEQUENT WILL OR SEPARATE WRITING CLEARLY INDICATING YOUR INTENT TO REVOKE ALL OR PART OF YOUR ELECTRONIC WILL, OR BY REQUESTING ITS REMOVAL FROM THE NEW YORK STATE UNIFIED COURT SYSTEM. ONCE YOU HAVE REMOVED YOUR ELECTRONIC WILL FROM THE NEW YORK STATE UNIFIED COURT SYSTEM, IT IS REVOKED.
Before Deciding to Electronically Sign Your New York State Will
The New York State Electronic Wills Act is a great step forward in meeting the digital reality in which we currently live. This will create options for testators who might be immobile or have difficulty in attending a live signing.
However, being aware of the logistical arrangement, filing requirements, and potential for adversely affected individuals to object to a Will may impact your decision on whether this is the ideal approach for you.
Talk with an Experienced Estate Planning Attorney
If you are considering estate planning, legal guidance may be beneficial. An experienced estate planning lawyer can make sure all documents are in order and help individuals determine the signing method that would best fit their needs. Consider visiting with the estate planning lawyers at Abelaj Law, P.C. at 212-328-9568 to learn more about how to determine whether electronically signing your Will is right for you.
Estate Planning When Your Spouse Isn’t On Board: What to Do
If you are ready to begin estate planning, but are getting resistance from your spouse, you may be wondering if you should go it alone. Although addressing your combined estate and goals is helpful, you can take control of your estate planning on your own.
Open and Honest Discussion
Spouses often complete their estate planning together. However, it is not unusual for one spouse to avoid the topic. Estate planning comes with difficult emotions and important decisions. It’s not surprising that someone may not want to deal with this head-on.
Discuss with each other the reason that one is resisting this project. If the topic is emotionally heavy for your spouse, ask why and what might help to reduce the emotions. Did your spouse experience the aftermath of a difficult estate administration? Are they worried about not being alive at key moments of their loved ones’ lives?
Getting to the heart of their reluctance is important information for you to understand if you will be able to convince them to engage in estate planning with you, or if you need to take on this matter for yourself.
Your Individual Estate Plan is a Gift to Your Loved Ones
Estate planning for a couple may include joint decisions on desired bequests to loved ones, guardianship appointments of minor children, tax benefits and combined legacy goals. If your partner does not want to engage in the process, you can still make many of these key decisions on your own.
We often work with one partner in a couple, usually a woman, whose partner does not want to engage in estate planning. We provide you with an outline of what estate planning powers you have alone and how it might be different if your spouse joined in the planning. You will be aware that you have much ability to direct the disposition of your estate.
Your individual documents will express your wishes to ensure that your loved ones have a seamless plan to administer your estate. By planning ahead, it will allow your loved ones to focus on your shared memories and not on the complexity of administering an intestate estate.
Intestacy is Your Default Estate Plan Where Distribution is Governed by the Law
Without an estate plan in place, you will be considered intestate at your death. The result is that the law will govern who receives your estate, who is your estate’s administrator, and who is your children’s guardian.
In New York, the estate of a person who dies with a spouse and no children passes entirely to the spouse. If the person dies with a spouse and children, the first $50,000 passes to the spouse, plus 50% of the residuary, with the other 50% to the children.
In New Jersey, the distribution is more nuanced. As a comparison, if a person dies with children and no spouse, the children receive the entire estate equally. If a person dies with a spouse and children all born of the marriage, the spouse receives the entire estate.
Intestacy requires additional Court oversight and does not allow for deviation from the law of descent and distribution. Your estate administrator may have to file a costly bond if there are minor children. If most of your relatives are estranged, your estate administrator may have to hire a genealogist to identify which of them are automatically entitled to your estate assets. If you have a taxable estate, your heirs will receive a lower bequest because you did not proactively take steps during your lifetime to create lifetime trusts.
By creating an estate plan, you will be able to override most of the default laws and avoid the extra costs and delays in an extended court proceeding.
Moving Forward Confidently on Your Own
The law does not require that spouses engage in estate planning together. If you have attempted to convince your spouse that estate planning is important to you, and they have not agreed, it may be time to forge ahead on your own.
The process is empowering as you will have the opportunity to discuss your goals with an attorney, understand the options available to you, and improve the outcome for your loved ones. You will feel relieved to know that you have taken control over your estate plan and that your legacy goals will be realized.
At Abelaj Law, PC, we are committed to assisting individuals and families with all of their estate planning legal needs so they can feel confident that their final wishes are honored. Contact our experienced legal team today at 212-328-9568 for a free introductory call to learn more.