New York Electronic Wills And Probate Fights Ahead
New York has officially joined the e-wills conversation. The state has enacted legislation commonly referred to as the New York Electronic Wills Act, designed to allow—under defined safeguards—the electronic execution of wills.
The goal is simple: provide a modern option for creating a valid will. The reality is more complicated. Any new execution method creates new points of failure, and in Surrogate’s Court those “failure points” often become litigation.
At RK Law P.C., we expect a noticeable rise in will contests and probate disputes focused on whether an e-will complied with the statutory requirements, whether the digital record is authentic, and whether the testator’s intent was compromised.
Below is what New Yorkers (and their families) should know—and why this law is likely to generate a new category of probate fights.
1) When does New York’s Electronic Wills Act take effect?
On December 12, 2025, Governor Hochul signed into law Assembly Bill A7856, relating to electronic Wills. The law has a delayed effective date rather than taking effect immediately. Indeed, the law is to take effect 545 days after enactment, meaning it will be fully effective around late September 2027.
This delay matters for two reasons:
- Transition confusion: Some people may assume e-wills are already valid and rely on informal digital documents that don’t meet the statute.
- System readiness: The law depends on electronic filing and system procedures that require implementation time.
2) What are “electronic wills” under the new law?
An “electronic will” is not just a Will typed on a computer. It’s a Will executed electronically under specific formalities and then filed through the designated New York court system process.
The statute also contemplates an audit trail—data showing how the electronic record was created, signed, and maintained. This audit trail is intended to strengthen authenticity, but it also becomes part of the evidence in any future dispute.
3) The core requirements that will drive future Will Contests
If you’ve litigated Will objections in New York, this will sound familiar: the statute effectively creates a checklist—and litigation often arises when the checklist isn’t followed exactly.
A. The record must be readable as text at signing
The electronic will must be a record readable as text at the time of signing.
Litigation risk: Was the “Will” actually readable at signing (or was it an attachment, a link, a locked file, or a format that changed)?
B. Signature rules (including “someone else signs” situations)
The e-will must be signed at the end by the testator (or, in limited circumstances, signed by another person in the testator’s name while the testator is physically present and directing the act).
Litigation risk: Did someone sign for the testator? Was the testator physically present? Was it voluntary?
C. Witness rules: remote presence may be permitted, but the statute is strict
The will must be witnessed by at least two witnesses, and the signing and witness formalities must follow the statutory timeline and process.
Litigation risk: Was the witness truly “present” electronically? Was it real-time? Did witnesses sign within the required timeframe? Were the witnesses legally qualified?
D. Mandatory caution language to the testator
The law requires specific cautionary language directed to the testator, in a required format.
Indeed, EPTL section 3-6.5 of the Electronic Wills Statute contains a requirement that an electronic will include a disclosure substantially similar to the following in twelve-point font or larger, boldface, double-spaced type:
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.
Litigation risk: Missing, modified, or improperly formatted caution language can become a compliance fight.
E. The biggest tripwire: filing within 30 days—or the Eletronic Will is invalid
One of the most significant features of the statute is a strict filing deadline: the electronic will must be filed within a defined period after execution, or it is treated as invalid.
Litigation risk: Disputes over whether filing occurred, whether it was timely, whether authority existed to file, and what happens when technology fails close to a deadline.
F. Extrinsic evidence of electronic wills are expressly contemplated
The statute contemplates using extrinsic evidence to establish that the testator intended the electronic record to operate as their will.
Litigation risk: This opens the door to disputes over texts, emails, recordings, platform logs, metadata, and witness testimony—often expensive and fact-intensive.
4) Why we expect a “coming wave” of probate fights
Even with good intentions, electronic wills multiply the number of things that can go wrong. Here are the dispute patterns we expect to see in New York Surrogate’s Court.
1) Deadline litigation: strict filing rules are unforgiving
Traditional paper wills don’t become invalid because someone failed to upload them by a certain deadline. Electronic wills can.
2) Authentication, tampering, and “which version is the true electronic Will?”
Audit trails are meant to help, but they also create new records to challenge:
- Is the audit trail complete?
- Was the technology reliable?
- Was the file altered after signing?
- Is the “original” truly the original?
3) Remote coercion and undue influence in a digital environment
Undue influence cases often turn on opportunity, vulnerability, and secrecy. Electronic execution can increase perceived opportunity—especially if the testator is isolated and the “ceremony” happens on a device controlled by someone else.
4) Witness presence fights (“electronic presence” isn’t always clear in practice)
If the execution happens by electronic means, expect disputes about whether witnesses truly observed the signing in real time and whether anyone off camera prompted, pressured, or coached the testator.
5) Revocation disputes and access control
Electronic-will systems raise new questions about revocation, custody, and authority. Expect disputes over whether a will was properly revoked, removed, replaced, or manipulated—and who had the power to do so.
6) Cross-border issues: location and domicile at execution
Electronic execution can create disputes over where the testator was physically located, where they were domiciled, and which jurisdiction’s rules apply—especially when execution happens while traveling or across state lines.
5) How to reduce litigation risk (practical steps) with Electronic Wills.
If you’re considering an electronic will when New York’s law becomes operational, these steps can help lower the odds of a future contest:
- Treat execution like a formal ceremony: no multitasking, no distractions, clear verbal confirmations.
- Use independent witnesses: avoid beneficiaries and avoid anyone under a beneficiary’s influence.
- Document capacity in appropriate cases (particularly for medically vulnerable testators).
- Preserve records: keep platform logs, audit trail data, and witness confirmations organized and backed up.
- File promptly—do not wait until the deadline window is closing.
- Consider whether a traditional paper will remains the lower-risk choice depending on family dynamics and asset complexity.
FAQs about Electronic Wills
New York has enacted an Electronic Wills Act, but it is not effective until 545 days after signing (or September 2027).
Strict execution and filing requirements. Missed steps—especially missed deadlines—are likely to be central in future will contests.
The statute permits electronic participation under defined conditions, but strict formality rules still apply.
How RK Law P.C. helps in Electronic Wills disputes
Electronic wills will change the evidence and the pressure points—but the core Surrogate’s Court issues remain: valid execution, capacity, undue influence, fraud, and intent.
RK Law P.C. represents parties in Surrogate’s Court litigation, including:
- objections to probate,
- discovery and examinations,
- contested fiduciary appointments,
- and litigation involving authenticity and intent.
This post is for general information only and is not legal advice. Every estate dispute is fact-specific.
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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