New YorkS 88872025-2026 Regular SessionSenate

Relates to enacting provisions for the execution of electronic wills

Sponsored By: Luis R. Sepúlveda (Democratic)

Became Law

RULESJUDICIARY

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 0 costs, 3 mixed.

File electronic wills within 30 days

If the electronic will includes the required audit trail, it must be filed with the New York State Unified Court System within 30 days after execution. You or someone you authorize can file it. The filed will stays in court custody until you remove it or revoke it. If it is not filed within 30 days, the electronic will is invalid.

How to sign and prove electronic wills

The electronic will must be readable as text and signed at the end by you, or by someone in your physical presence at your direction. You must tell each witness it is your will, and two witnesses who live in a state must sign within 30 days, in person or electronically. The will must include a bold, double‑spaced “CAUTION TO THE TESTATOR” that warns about signing, witness rules, 30‑day filing, and how to revoke. The technology must show who signed, the exact record the witnesses saw, any later changes, and keep an audit trail. You can make the will self‑proving with sworn statements before an authorized officer; a signature on an attached affidavit counts as a will signature. Courts may use outside evidence of your intent, and proper electronic affidavits create a rebuttable presumption that the tech rules were followed.

Clear ways to revoke electronic wills

An electronic will can revoke all or part of an earlier will. You can revoke it with a later will, by a signed writing that meets the formal rules, or by removing it from court custody. If someone else removes it, at least two witnesses (not the remover) must prove that removal. A court‑ordered removal during your lifetime does not revoke the will.

Electronic wills are legal in New York

An electronic record that meets the new rules is a valid will in New York. The law updates the definition of a will to include an electronic record. Electronic wills follow New York wills law unless this act says otherwise. They are not blocked by the old paper-only rule.

New York honors out-of-state electronic wills

New York accepts an electronic will that does not meet New York’s execution paragraph if it follows the law of the place where you signed, or where you were domiciled when you signed or when you died. This helps people who travel or move.

Court rules and timing for electronic wills

The courts can issue rules to carry out the electronic‑will law. The act is enacted now, but sections 1–4 take effect on the same date and in the same manner as a related 2025 chapter on electronic wills (S.7416‑A/A.7856‑A). This coordinates timing for the core rules.

Sponsors & Cosponsors

Sponsor

Luis R. Sepúlveda
Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 52 • No: 26

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

SIGNED CHAP.89
2/13/2026Senate
DELIVERED TO GOVERNOR
2/13/2026Senate
RETURNED TO SENATE
2/10/2026House
PASSED ASSEMBLY
2/10/2026House
ORDERED TO THIRD READING RULES CAL.67
2/10/2026House
SUBSTITUTED FOR A9497
2/10/2026House
REFERRED TO JUDICIARY
1/28/2026House
DELIVERED TO ASSEMBLY
1/28/2026Senate
PASSED SENATE
1/28/2026Senate
ORDERED TO THIRD READING CAL.99
1/20/2026Senate
REFERRED TO RULES
1/13/2026Senate

Bill Text

Original
1/13/2026
PDF

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