New York Electronic Wills: Chapter 89 of the Laws of 2026 (S.8887 / A.9497)

New York amended its electronic wills law around two months after it was enacted. This post gives the legislative memo and full text of Chapter 89 of the Laws of 2026 (S.8887 / A.9497).

Note: New York's electronic wills law and the changes to other sections made by this bill have been enacted into law but will not be effective until December 12, 2027.

Timeline

On December 12, 2025, Governor Hochul signed the New York Electronic Wills Act (S.7416-A / A.7856-A), enacted as Chapter 637 of the Laws of 2025.

This law was amended on February 13, 2026, when Governor Hochul signed S.8887/ A.9497, enacted as Chapter 89 of the Laws of 2026.

Laws Affected

Chapter 89 of the Laws of 2026 amends the following laws:

• EPTL Article 3 Part 6, EPTL 1-2.19, and EPTL 3-2.1, EPTL
• §5, Chap 637 of 2025 (as proposed in S.7416-A & A.7856-A)
• Judiciary Law § 212

A09497 Memo

This is the memo that is provided as part of the legislation:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)

BILL NUMBER: A9497

SPONSOR: Lavine

TITLE OF BILL: An act to amend the estates, powers and trusts law, in relation to electronic wills; to amend the judiciary law, in relation to rules relating 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

PURPOSE: The purpose of this bill is to make clarifying changes to Chapter 637 of the laws of 2025 to ensure the intent of the law.

SUMMARY OF PROVISIONS:

Section 1 would amend part 6 of article 3 of the estates, powers and trusts law to add a definition of "communication technology" with respect to allowing remote communication of individuals executing and witnessing wills. Additionally, this section would expand the requirements for ensuring validly executed electronic wills and make technical conforming changes relating to electronic wills

Sections 2 and 3 would make conforming changes to relevant provisions of the estates, powers and trusts law

Section 4 would amend section 212 of the judiciary law to require the chief administrator of the courts to adopt rules necessary and appropriate to effectuate part 6 of article 3 of the estates, powers and trusts law regarding electronic wills.

Section 5 would amend a chapter of the laws of 2025 to amend the effective date from the 540th day to two years.

Section 6 would provide for the effective date.

JUSTIFICATION:

There are currently numerous services that will allow consumers to prepare legal documents electronically. The pandemic made clear the need for individuals to be able to create or update critically important estate planning documents electronically and remotely, rather than only in person. Additionally, the cost of lawyers' fees is a disincentive for many consumers as they consider making a will. Allowing for the electronic drafting and execution of wills addresses both these issues. Chapter 637 of the laws of 2025 allows for electronic execution of wills that make these important documents more accessible to a wider range of New Yorkers.

This chapter amendment would make clarifying changes to require detailed fraud protections, to require the chief administrator of the courts to adopt rules necessary and appropriate to effectuate this law, and to make appropriate technical changes.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This chapter amendment 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 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, takes effect.

Text of the Bill

Formatting Key

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• Old law that is deleted:
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Full Text

EXPLANATION--Matter in BOLD AND ALL CAPS is new; matter in brackets [ ] is old law to be omitted.

STATE OF NEW YORK

8887

IN SENATE

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 electronic wills; to amend the judiciary law, in relation to rules relating 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 Assembly, 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:

(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 electronic 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 territory 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 equity 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 formally 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 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] 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.

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 physical 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 preceding 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 attestation 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:

(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 officer 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 electronic 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 electronic 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 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 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:

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 electronic 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 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, takes effect.

Recap

This post provided the legislative memo and full text of New York's Chapter 89 of the Laws of 2026 (S.8887 / A.9497). Future posts will discuss in detail New York's electronic Wills law and the changes made by this bill.