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New YorkS 88872025-2026 Regular SessionSenate

Relates to enacting provisions for the execution of electronic wills

Sponsored By: Luis R. Sepúlveda (Democratic)

Signed by Governor

RULESJUDICIARY

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Electronic wills face strict filing deadlines

Beginning two years after enactment, you or an authorized person must electronically file your electronic will within 30 days after signing. Filing goes to the New York State Unified Court System and must include the electronic creation and signing history. Missing the deadline makes the will invalid. The court system keeps the will until removal or revocation. A later will can revoke an earlier will, including an electronic will. A separate written revocation or change must clearly show your intent and follow will-signing and witness requirements. Removing an electronic will from court custody yourself, or through an authorized person, revokes it. Another person’s authority requires proof from at least two witnesses other than that person, unless court rules otherwise allow removal. Court-ordered removal during your lifetime does not itself revoke the will.

New York accepts qualifying outside electronic wills

Beginning two years after enactment, New York recognizes qualifying electronic wills that do not meet its own signing requirements. Your will qualifies if it follows the law where you were physically located when signing. It also qualifies under the law of your legal permanent home when signing or at death. Qualifying wills are formally valid and can be admitted to probate in New York.

Electronic wills allowed with signing safeguards

Beginning two years after enactment, New York gives electronic wills the same legal status as paper wills, with added safeguards. The record must be readable as text when signed. You must sign, or direct someone to sign for you in your physical presence. You must tell each witness it is your will. At least two witnesses must sign at your request within 30 days after seeing your signing or acknowledgment. Witnesses must be domiciled in a qualifying state, territory, or tribal jurisdiction; live two-way video witnessing is allowed. Before signing, you must receive a caution included in the will explaining signing, witnesses, filing, and revocation. It must be bold, double-spaced, and at least 12-point type. Technology must reliably track your signature, the signed record, later changes, and the creation and signing history. You and witnesses can complete sworn proof at signing before an authorized officer, in person or by live video. The statements must identify electronic signing and follow probate affidavit rules; the officer’s sealed certificate must be attached or linked. Qualifying electronic affidavits made at signing create a presumption that technology requirements were met, but that presumption can be challenged. Courts can make implementation rules immediately.

Sponsors & Cosponsors

Sponsor

  • Luis R. Sepúlveda

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 158 • No: 64

House vote • 2/10/2026

Assembly floor vote

Yes: 106 • No: 38

Senate vote • 1/28/2026

FLOOR Vote

Yes: 39 • No: 20

committee vote • 1/20/2026

Rules Committee Vote

Yes: 13 • No: 6

Actions Timeline

  1. SIGNED CHAP.89

    2/13/2026Senate

  2. DELIVERED TO GOVERNOR

    2/13/2026Senate

  3. RETURNED TO SENATE

    2/10/2026House

  4. PASSED ASSEMBLY

    2/10/2026House

  5. ORDERED TO THIRD READING RULES CAL.67

    2/10/2026House

  6. SUBSTITUTED FOR A9497

    2/10/2026House

  7. REFERRED TO JUDICIARY

    1/28/2026House

  8. DELIVERED TO ASSEMBLY

    1/28/2026Senate

  9. PASSED SENATE

    1/28/2026Senate

  10. ORDERED TO THIRD READING CAL.99

    1/20/2026Senate

  11. REFERRED TO RULES

    1/13/2026Senate

Bill Text

  • Original

    1/13/2026

    PDF

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