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S T A T E O F N E W Y O R K
________________________________________________________________________
8887
I N S E N A T E
January 13, 2026
___________
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the estates, powers and trusts law, in relation to elec-
tronic wills; to amend the judiciary law, in relation to rules relat-
ing to electronic wills; and to amend a chapter of the laws of 2025
amending the estates, powers and trusts law and the state technology
law relating to electronic wills, as proposed in legislative bills
numbers S. 7416-A and A. 7856-A, in relation to the effectiveness
thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Part 6 of article 3 of the estates, powers and trusts law,
as added by a chapter of the laws of 2025 amending the estates, powers
and trusts law and the state technology law relating to electronic
wills, as proposed in legislative bills numbers S. 7416-A and A. 7856-A,
is amended to read as follows:
PART 6. ELECTRONIC WILLS
Section 3-6.1 Short title
3-6.2 Definitions
3-6.3 Law applicable to electronic will; principles of equity
3-6.4 Choice of law regarding execution
3-6.5 Caution to testator
3-6.6 Execution of electronic will
3-6.7 Revocation
3-6.8 Electronic will attested and made self-proving at time of
execution
3-6.9 Filing of an electronic will
§ 3-6.1 Short title
This part may be cited as the New York electronic wills act.
§ 3-6.2 Definitions
For purposes of this part the following terms shall have the following
meanings:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11569-04-6
S. 8887 2
(a) "Audit trail data" means data about the activities of data,
including but not limited to the electronic will's creation and
execution.
(b) "COMMUNICATION TECHNOLOGY" MEANS AN ELECTRIC DEVICE OR PROCESS
THAT ALLOWS TWO OR MORE REMOTELY LOCATED INDIVIDUALS TO COMMUNICATE WITH
EACH OTHER SIMULTANEOUSLY BY SIGHT AND SOUND.
(C) "Electronic" shall have the same meaning set forth in subdivision
one of section three hundred two of the state technology law.
[(c)] (D) "Electronic presence" means the relationship of two or more
individuals in different locations communicating in real time [by elec-
tronic means] USING COMMUNICATION TECHNOLOGY to the same extent as if
the individuals were physically present in the same location.
[(d)] (E) "Electronic will" means a will executed electronically in
compliance with [paragraph] PARAGRAPHS (a) AND (B) of section 3-6.6 and
subsequently filed with the New York state unified court system in
accordance with section 3-6.9. [The original electronic will shall
contain audit trail data.
(e)] (F) "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
[(f)] (G) "Sign", WITH RESPECT TO AN ELECTRONIC RECORD, means, with
present intent to authenticate or adopt a record[: (1) to execute or
adopt a tangible symbol; or (2)] to affix to or logically associate with
the record an electronic symbol or process.
[(g)] (H) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any territo-
ry or insular possession subject to the jurisdiction of the United
States. The term shall also include a federally recognized Indian
tribe.
[(h)] (I) "Will" has the same meaning as in section 1-2.19.
§ 3-6.3 Law applicable to electronic will; principles of equity
An electronic will is a will for all purposes of the law of this
state. The law of this state applicable to wills and principles of equi-
ty apply to an electronic will, except as modified by this act.
§ 3-6.4 Choice of law regarding execution
A will executed electronically but not in compliance with paragraph
(a) of section 3-6.6 is an electronic will under this act AND IS FORMAL-
LY VALID AND ADMISSIBLE TO PROBATE if executed in compliance with the
law of the jurisdiction where the testator is:
(a) physically located when the will is executed; or
(b) domiciled when the will is executed or when the testator dies.
§ 3-6.5 Caution to the testator
An electronic will shall 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 TESTA-
TOR, 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] AT YOUR REQUEST 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 IN EACH OF THEIR PHYSICAL OR
ELECTRONIC PRESENCES.
WITHIN THIRTY DAYS AFTER THE ELECTRONIC WILL IS EXECUTED, IT MUST BE
ELECTRONICALLY FILED WITH THE NEW YORK STATE UNIFIED COURT SYSTEM.
S. 8887 3
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.
§ 3-6.6 Execution of electronic will
(a) Subject to paragraph (d) of section 3-6.8, an electronic will must
be:
(1) a record that is readable as text at the time of signing under
subparagraph two;
(2) signed at the end thereof by:
(A) the testator; or
(B) another individual in the testator's name, in the testator's phys-
ical presence and by the testator's direction, in a manner consistent
with section 3-2.1 (a)(1)(C), subject to the following:
(i) The presence of any matter following the testator's signature,
appearing on the will at the time of its execution, shall not invalidate
such matter preceding the signature as appeared on the will at the time
of its execution, except that such matter preceding the signature shall
not be given effect, in the discretion of the surrogate, if it is so
incomplete as not to be readily comprehensible without the aid of matter
which follows the signature, or if to give effect to such matter preced-
ing this signature would subvert the testator's general plan for the
disposition and administration of their estate.
(ii) No effect shall be given to any matter, other than the attesta-
tion clause, which follows the signature of the testator, or to any
matter preceding such signature which was added subsequently to the
execution of the will; [and]
(3) DECLARED BY THE TESTATOR TO EACH OF THE ATTESTING WITNESSES IN
THEIR PHYSICAL OR ELECTRONIC PRESENCE THAT THE INSTRUMENT THE TESTATOR
HAS SIGNED IS THE TESTATOR'S WILL; AND
(4) signed [in the physical or electronic presence] AT THE REQUEST of
the testator by at least two individuals, each of whom is a domiciliary
of a state and within a thirty day period after witnessing:
(A) the signing of the will under subparagraph two; or
(B) the testator's acknowledgment of the signing of the will under
subparagraph two or acknowledgment of the will.
(b) AN ELECTRONIC WILL MUST BE CREATED AND STORED USING TECHNOLOGY
THAT RELIABLY EVIDENCES TO A PERSON INSPECTING THE ELECTRONIC RECORD:
(1) THE AUTHENTICITY OF THE TESTATOR'S SIGNING OF THE ELECTRONIC
RECORD;
(2) THE IDENTITY OF THAT ELECTRONIC RECORD WITH THE ELECTRONIC RECORD
ATTESTED BY THE WITNESSES;
(3) ALL ADDITIONS, DELETIONS, OR OTHER ALTERATIONS OF THE ELECTRONIC
RECORD AFTER SIGNING BY THE TESTATOR; AND
(4) AUDIT TRAIL DATA.
(C) Intent of a testator that the record under subparagraph one of
paragraph (a) of this section be the testator's electronic will may be
established by extrinsic evidence.
§ 3-6.7 Revocation
(a) An electronic will may revoke all or part of a previous will.
(b) An electronic will is revoked by:
(1) a subsequent will that revokes all or part of the electronic will;
(2) removal of the electronic will from the custody of the New York
state unified court system by:
S. 8887 4
(i) the testator;
(ii) another person duly authorized by the testator as proved by at
least two witnesses, neither of whom shall be the person removing the
electronic will; or
(iii) as otherwise authorized by the uniform rules of the surrogate's
court; or
(3) a writing of the testator clearly indicating an intention to
effect such a revocation or alteration, executed with the formalities
prescribed by this article for the execution and attestation of a will.
(c) An electronic will may be removed from the custody of the New York
state court system by order of a court of competent jurisdiction which,
if occurring during the lifetime of the testator, shall not be deemed a
revocation of the electronic will.
§ 3-6.8 Electronic will attested and made self-proving at time of
execution
(a) An electronic will may be simultaneously executed, attested, and
made self-proving by acknowledgment of the testator and affidavits of
the witnesses.
(b) The acknowledgment and affidavits under paragraph (a) must be:
(1) made before and in the physical or electronic presence of an offi-
cer authorized to administer oaths under law of the state in which the
officer is located; and
(2) evidenced by the officer's certificate under official seal affixed
to or logically associated with the electronic will.
(c) The acknowledgment and affidavits under paragraph (a) must conform
with section fourteen hundred six of the surrogate's court procedure act
and must indicate that the will was signed electronically.
(d) A signature physically or electronically affixed to an affidavit
that is affixed to or logically associated with an electronic will under
this act is deemed a signature of the electronic will under paragraph
(a) of section 3-6.6.
(E) THE EXISTENCE OF CONTEMPORANEOUSLY EXECUTED AFFIDAVITS IN ELEC-
TRONIC FORMAT EXECUTED IN COMPLIANCE WITH THE APPLICABLE LAW GOVERNING
ELECTRONIC NOTARIES OR OTHER SUCH OFFICERS DULY AUTHORIZED TO ADMINISTER
OATHS ELECTRONICALLY THAT SATISFY PARAGRAPHS (A), (B) AND (C) OF THIS
SECTION SHALL CREATE A REBUTTABLE PRESUMPTION THAT THE ELECTRONIC WILL
WAS CREATED IN COMPLIANCE WITH PARAGRAPH (B) OF SECTION 3-6.6.
§ 3-6.9 Filing of electronic will
Within thirty days of its execution, an electronic will WITH AUDIT
TRAIL DATA shall be electronically filed with the New York state unified
court system either by the testator or another person duly authorized by
the testator. The electronic will shall remain in the custody of the New
York state unified court system until such time as it is removed or
revoked in accordance with section 3-6.7. The failure to timely file an
electronic will with the New York state unified court system shall
result in the unfiled electronic will being deemed invalid.
§ 2. Paragraph (a) of section 1-2.19 of the estates, powers and trusts
law, as amended by a chapter of the laws of 2025 amending the estates,
powers and trusts law and the state technology law relating to elec-
tronic wills, as proposed in legislative bills numbers S. 7416-A and A.
7856-A, is amended to read as follows:
(a) A will is [an oral declaration or] A written instrument, ORAL
DECLARATION OR ELECTRONIC RECORD, made as prescribed by 3-2.1, 3-2.2 or
3-6.6, RESPECTIVELY, to take effect upon death, whereby a person
disposes of property or directs how it shall not be disposed of,
disposes of their body or any part thereof, exercises a power, appoints
S. 8887 5
a fiduciary or makes any other provision for the administration of their
estate, and which is revocable during their lifetime.
§ 3. The opening paragraph of paragraph (a) of section 3-2.1 of the
estates, powers and trusts law, as amended by a chapter of the laws of
2025 amending the estates, powers and trusts law and the state technolo-
gy law relating to electronic wills, as proposed in legislative bills
numbers S. 7416-A and A. 7856-A, is amended to read as follows:
Except for nuncupative and holographic wills authorized by 3-2.2 and
electronic [will] WILLS authorized by part six of this article, every
will must be in writing, and executed and attested in the following
manner:
§ 4. Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (ff) to read as follows:
(FF) ADOPT RULES NECESSARY AND APPROPRIATE TO EFFECTUATE PART SIX OF
ARTICLE THREE OF THE ESTATES, POWERS AND TRUSTS LAW REGARDING ELECTRONIC
WILLS.
§ 5. Section 5 of a chapter of the laws of 2025 amending the estates,
powers and trusts law and the state technology law relating to electron-
ic wills, as proposed in legislative bills numbers S. 7416-A and A.
7856-A, is amended to read as follows:
§ 5. This act shall take effect [on the five hundred forty-fifth day]
TWO YEARS after it shall have become a law. Effective, immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date is authorized
to be made on or before such effective date.
§ 6. This act shall take effect immediately; provided, however, that
sections one, two, three and four of this act shall take effect on the
same date and in the same manner as a chapter of the laws of 2025 amend-
ing the estates, powers and trusts law and the state technology law
relating to electronic wills, as proposed in legislative bills numbers
S. 7416-A and A. 7856-A, takes effect.Every fact on this page links to its source, starting with the official bill record.