Until a generation ago, legal documents existed exclusively in physical form on paper. But in today's world, receiving electronic documents is increasingly common. Most states, however, only recognize tangible, often paper, wills as binding.
Allowing digital will execution and preserving legal safeguards, the Uniform Electronic Wills Act ("E-Wills Act") moves estate planning into the digital age.
Under the E-Wills Act, the testator must make an electronic will, also known as an e-will, that can be read as text when it is signed electronically. In addition to the testator's signature, two witnesses must add their electronic signatures.
Let's explore more below.
How an E-Will Works
If your state legally allows an e-will as a valid document, you can use our online last will and testament template to help you create your document. The following steps are involved:
- Fill in the will template
- Sign the e-will using a digital signature or other forms of digital authentication, such as a fingerprint or a biometric scan
- Store the e-will in a cloud-based storage system or a digital platform designed for that purpose.
When you need to make changes or after you pass away, the authorized person can retrieve the e-will from the storage system to begin administering the estate.
Create a last will and testament now
E-Wills: What You Need to Know
Testators can execute an electronic will under the Uniform Electronic Wills Act, and probate courts can give legal effect to electronic wills. A transaction is not invalid solely because it is in an electronic format because of laws such as the Uniform Electronic Transactions Act (UETA) and the federal law, E-SIGN.
There is an express exception to this in both UETA and E-SIGN, which requires special execution requirements to ensure validity. Most states must still be signed on paper because the testator was deceased when the document was drafted.
Testators must witness their electronic signature under the new Electronic Wills Act or have their will notarized in states allowing this. The states will have the option of including language to allow remote witnessing.
Additionally, the act addresses the recognition of electronic wills executed under the laws of another state. This act will allow online estate planning while maintaining safeguards to help prevent fraud and coercion for a generation accustomed to online banking, communications, and transactions.
States Where Electronic Wills Are Permitted
Currently, 10 American states allow testators to create formalized wills purely on electronic devices without ever converting to paper. While four states follow the Uniform Electronic Wills Act (Oregon, Utah, Colorado and North Dakota), six others have passed their non-uniform e-wills laws (Arizona, Florida, Illinois, Indiana, Maryland, Nevada and Washington). The legislative process is fast-moving, so more bills are in the works.
There are, however, only two states that expressly prohibit testators from executing e-wills today, New Hampshire and Oregon. Those two states expressly prohibit electronic wills, but the issue is unclear in the remaining 38, as seen below.
| State | Electronic Will Act Status |
|---|---|
| Arizona | § 14-2518 - Electronic will; requirements; interpretation |
| Florida | Chapter 732 Probate Code Intestate Succession And Wills |
| Illinois | 755 ILCS 6/ Electronic Wills and Remote Witnesses Act. |
| Indiana | Chapter 21. Electronic Wills 29-1-21-16. "Filing of an Electronic Will" |
| Maryland | 4–102 - Laws - Statute Text |
| Minnesota | E-Wills Act |
| Nevada | NRS CHAPTER 133 - WILLS |
| Colorado | Colorado Uniform Electronic Wills Act |
| North Dakota | ELECTRONIC WILLS – HB 1077 |
| Utah | H.B. 6001, Uniform Electronic Wills Act |
| Washington | Chapter 11.12 RCW WILLS |
| New Hampshire | Expressly prohibit the execution of e-wills by testators |
| Oregon | Expressly prohibit the execution of e-wills by testators |
In every other state, the status of an electronic will is unclear and depends on “writing” as defined in the statute of wills of that state. These states include:
- Alabama
- Alaska
- Arkansas
- California
- Connecticut
- Delaware
- Georgia
- Hawaii
- Idaho
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Massachusetts
- Michigan
- Mississippi
- Missouri
- Montana
- Nebraska
- New Jersey
- New Mexico
- New York
- North Carolina
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Ohio
- Oklahoma
- Vermont
- Virginia
- West Virginia
- Wisconsin
- Wyoming
Examples of E-Will applications in various states
Let’s look at a few of these as examples of how these definitions can vary.
Ohio
In Ohio, a will is acceptable if it is in writing, which can be either handwritten or typed (Ohio Revised Code section 2107.03). However, it depends on the case if this definition extends to a completely electronic will in Ohio that is not physically printed out.
Pennsylvania
In another case, Pennsylvania codified the UETA in state law but excludes wills from that protection. It doesn’t outlaw electronic wills entirely, but by definition, it does not give them the same protection and acceptance that other states have done.
Florida
Florida requires the testator to use a qualified custodian to store the e-document and for them to sign an affidavit attesting to the will's validity.
Arizona
Arizona adopted the Uniform Electronic Transaction Act, which recognizes e-documents and signatures as legally binding if it adheres to the outlined legal requirements.
Pros and Cons of Electronic Wills
While most pros and cons apply to all, some depend on an individual's circumstances and jurisdiction. The following table outlines the most common pros and cons of e-wills.
| Advantages of E-Wills | Disadvantages of E-Wills |
|---|---|
| Saves time by eliminating the need for in-person appointments | The laws governing electronic wills are still evolving, and some jurisdictions raise concerns about ambiguity in enforceability and validity. |
| Easy to update and make revisions without having multiple copies | Digital technology is vulnerable to technical issues, including data breaches and system failures. |
| The online templates and other tools help ensure the information entered has few to no errors. | E-wills can be created without an attorney or advisor present and may be tampered with or altered. |
| With strong security measures, your e-will is safer online than it would be physically. | Some jurisdictions have strict requirements for electronic wills that, if not met, would render the e-will invalid. |
How to Create an E-Will
If the disbursement of your estate and your healthcare wishes are relatively straightforward, you can use an online template to create your will. Using a template is considered just as legal as an attorney drawing up the documents for you.
However, you may need legal help if you have one or more of the following situations:
- You have a large estate and need estate planning guidance.
- You wish to disinherit a spouse.
- You want to disinherit a child.
- You have concerns that someone may contest your will or claim that you were not of sound mind when you signed it.
Is an E-Will Right for You?
Determining whether an e-will is right for you depends on your circumstances and needs. As we have seen, e-wills offer attractive advantages, including convenience, accessibility, and security.
For many people, a traditional paper-based will is the better option, as it provides a tangible document you can physically sign and store.
Fortunately, even with paper-based wills, you can make the process easier by obtaining them online using a last will and testament template, which you can edit with your details and then quickly review by a legal professional.
Sources and Helpful Resources
Until a generation ago, legal documents existed exclusively in physical form on paper. But in today's world, receiving electronic documents is increasingly common. Most states, however, only recognize tangible, often paper, wills as binding.
Allowing digital will execution and preserving legal safeguards, the Uniform Electronic Wills Act ("E-Wills Act") moves estate planning into the digital age.
Under the E-Wills Act, the testator must make an electronic will, also known as an e-will, that can be read as text when it is signed electronically. In addition to the testator's signature, two witnesses must add their electronic signatures.
Let's explore more below.
How an E-Will Works
If your state legally allows an e-will as a valid document, you can use our online last will and testament template to help you create your document. The following steps are involved:
- Fill in the will template
- Sign the e-will using a digital signature or other forms of digital authentication, such as a fingerprint or a biometric scan
- Store the e-will in a cloud-based storage system or a digital platform designed for that purpose.
When you need to make changes or after you pass away, the authorized person can retrieve the e-will from the storage system to begin administering the estate.
Create a last will and testament now
E-Wills: What You Need to Know
Testators can execute an electronic will under the Uniform Electronic Wills Act, and probate courts can give legal effect to electronic wills. A transaction is not invalid solely because it is in an electronic format because of laws such as the Uniform Electronic Transactions Act (UETA) and the federal law, E-SIGN.
There is an express exception to this in both UETA and E-SIGN, which requires special execution requirements to ensure validity. Most states must still be signed on paper because the testator was deceased when the document was drafted.
Testators must witness their electronic signature under the new Electronic Wills Act or have their will notarized in states allowing this. The states will have the option of including language to allow remote witnessing.
Additionally, the act addresses the recognition of electronic wills executed under the laws of another state. This act will allow online estate planning while maintaining safeguards to help prevent fraud and coercion for a generation accustomed to online banking, communications, and transactions.
States Where Electronic Wills Are Permitted
Currently, 10 American states allow testators to create formalized wills purely on electronic devices without ever converting to paper. While four states follow the Uniform Electronic Wills Act (Oregon, Utah, Colorado and North Dakota), six others have passed their non-uniform e-wills laws (Arizona, Florida, Illinois, Indiana, Maryland, Nevada and Washington). The legislative process is fast-moving, so more bills are in the works.
There are, however, only two states that expressly prohibit testators from executing e-wills today, New Hampshire and Oregon. Those two states expressly prohibit electronic wills, but the issue is unclear in the remaining 38, as seen below.
| State | Electronic Will Act Status |
|---|---|
| Arizona | § 14-2518 - Electronic will; requirements; interpretation |
| Florida | Chapter 732 Probate Code Intestate Succession And Wills |
| Illinois | 755 ILCS 6/ Electronic Wills and Remote Witnesses Act. |
| Indiana | Chapter 21. Electronic Wills 29-1-21-16. "Filing of an Electronic Will" |
| Maryland | 4–102 - Laws - Statute Text |
| Minnesota | E-Wills Act |
| Nevada | NRS CHAPTER 133 - WILLS |
| Colorado | Colorado Uniform Electronic Wills Act |
| North Dakota | ELECTRONIC WILLS – HB 1077 |
| Utah | H.B. 6001, Uniform Electronic Wills Act |
| Washington | Chapter 11.12 RCW WILLS |
| New Hampshire | Expressly prohibit the execution of e-wills by testators |
| Oregon | Expressly prohibit the execution of e-wills by testators |
In every other state, the status of an electronic will is unclear and depends on “writing” as defined in the statute of wills of that state. These states include:
- Alabama
- Alaska
- Arkansas
- California
- Connecticut
- Delaware
- Georgia
- Hawaii
- Idaho
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Massachusetts
- Michigan
- Mississippi
- Missouri
- Montana
- Nebraska
- New Jersey
- New Mexico
- New York
- North Carolina
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Ohio
- Oklahoma
- Vermont
- Virginia
- West Virginia
- Wisconsin
- Wyoming
Examples of E-Will applications in various states
Let’s look at a few of these as examples of how these definitions can vary.
Ohio
In Ohio, a will is acceptable if it is in writing, which can be either handwritten or typed (Ohio Revised Code section 2107.03). However, it depends on the case if this definition extends to a completely electronic will in Ohio that is not physically printed out.
Pennsylvania
In another case, Pennsylvania codified the UETA in state law but excludes wills from that protection. It doesn’t outlaw electronic wills entirely, but by definition, it does not give them the same protection and acceptance that other states have done.
Florida
Florida requires the testator to use a qualified custodian to store the e-document and for them to sign an affidavit attesting to the will's validity.
Arizona
Arizona adopted the Uniform Electronic Transaction Act, which recognizes e-documents and signatures as legally binding if it adheres to the outlined legal requirements.
Pros and Cons of Electronic Wills
While most pros and cons apply to all, some depend on an individual's circumstances and jurisdiction. The following table outlines the most common pros and cons of e-wills.
| Advantages of E-Wills | Disadvantages of E-Wills |
|---|---|
| Saves time by eliminating the need for in-person appointments | The laws governing electronic wills are still evolving, and some jurisdictions raise concerns about ambiguity in enforceability and validity. |
| Easy to update and make revisions without having multiple copies | Digital technology is vulnerable to technical issues, including data breaches and system failures. |
| The online templates and other tools help ensure the information entered has few to no errors. | E-wills can be created without an attorney or advisor present and may be tampered with or altered. |
| With strong security measures, your e-will is safer online than it would be physically. | Some jurisdictions have strict requirements for electronic wills that, if not met, would render the e-will invalid. |
How to Create an E-Will
If the disbursement of your estate and your healthcare wishes are relatively straightforward, you can use an online template to create your will. Using a template is considered just as legal as an attorney drawing up the documents for you.
However, you may need legal help if you have one or more of the following situations:
- You have a large estate and need estate planning guidance.
- You wish to disinherit a spouse.
- You want to disinherit a child.
- You have concerns that someone may contest your will or claim that you were not of sound mind when you signed it.
Is an E-Will Right for You?
Determining whether an e-will is right for you depends on your circumstances and needs. As we have seen, e-wills offer attractive advantages, including convenience, accessibility, and security.
For many people, a traditional paper-based will is the better option, as it provides a tangible document you can physically sign and store.
Fortunately, even with paper-based wills, you can make the process easier by obtaining them online using a last will and testament template, which you can edit with your details and then quickly review by a legal professional.
Sources and Helpful Resources
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