There’s e-mail, e-commerce, e-signature, and now: e-will. An “e-will” is exactly what you’d imagine: An electronic last will and testament. It’s a way to parse out what you want to happen to your assets and other arrangements when you die, but… you guessed it, it’s all done online. From the creation of the document to the signature to the storage, e-wills are 100% digital. Think of it like an e-mail or an e-signature, done online and stored online. And, sure, you can print it out, too, if you’re old school! A handful of states have explicitly enacted e-will statutes authorizing the use of e-wills. Let’s dive into which states those are and what else you need to know about e-wills.
What exactly is an e-will?
An e-will stands for “electronic will,” which simply means a will that is signed and stored electronically. A handful of states (see the list below) expressly permit e-wills to be executed. On the other hand, a vast majority of the states say e-wills are not allowed and you must sign your will in person and store it somewhere safe in the real world (not online). Sure, you can always scan and store a copy of your printed will, too. E-wills are a way to modernize the process of estate planning and make everyones life a whole lot easier when it comes to writing up your last will and testament.
An e-will is not a DIY will
To clarify, a DIY will and an e-will are distinct concepts. A DIY will is any will drafted by someone who is not an attorney. This could be done online or offline. An e-will, on the other hand, is a specific type of will that is entirely executed online. It involves drafting, signing, and witnessing the will electronically. The entire process, from start to finish, is conducted digitally. It’s easy to confuse the two, especially when people create DIY wills online. However, they are fundamentally different.
Uniform Electronic Wills Act (UEWA)
We can’t talk about e-wills without talking about one of the laws that made them possible: The Uniform Electronic Wills Act (better known as UEWA) is a law drafted by the Uniform Law Commission with the hope that all of the states will adopt it in order to make e-wills permissible. For those who don’t know, the Uniform Law Commission makes sample laws for the states to adopt, but states are not required to adopt them. They aim to simplify laws across the US. Some states may adopt the UEWA in part or in whole. Other states may mimic it but make it their own (because they’re special like that!).
What states allow e-wills?
With that said, here is the list of states that currently allow for e-wills, whether they have enacted the UEWA or created a statute of their own:
- Colorado (Colo. Rev. Stat. § 15-11-1301)
- Idaho (Idaho Code § 15-2-1101)
- North Dakota (N.D. Cent. Code § 30.1-37-02)
- Utah (Utah Code § 75-2-1401)
- Washington (Wash. Rev. Code § 11.135.005)
- District of Columbia (D.C. Code § 18-901)
- Minnesota (Minn. Stat. § 524.1-201)
- Arizona (Ariz. Rev. Stat. § 14-2518)
- Florida (Fla. Stat. § 732.522)
- Indiana (Ind. Code § 29-1-21-1)
- Nevada (Nev. Rev. Stat. § 133.085)
- Illinois (755 ILCS 6/1-1)
- Maryland (Md. Code, Est. & Trusts § 4-101)
- New York (Just passed in July 2025 through Senate bill 7416)
Some of the above states have enacted the UEWA in part or in whole, have mimicked it substantially, or have created their own statute that allows for e-wills that are not similar to UEWA. Bottom line? All of the above states say e-wills are “legit.”
What can you put in an e-will?
The same thing you would put in a regular will! These include things like asset distribution, final burial arrangements, guardianship, beneficiaries, healthcare directives, etc. States have not yet put a restriction on what you can and cannot do in an e-will simply because it’s made and executed electronically. For example, the UEWA touches on the “how” to create an e-will validly but doesn’t necessarily say what you can do within your e-will, the same laws apply.
Can you still get an online will in states that have not enacted e-will laws?
Well, sort of. You can generate a will *online* in the states that are not listed above, but you will still need to print them out and physically sign them with good old-fashioned pen and paper. This will hopefully change in the coming years, and more and more states will understand that we’re living in modern times. If you can send mail online, do your grocery shopping, and even find a life partner, you should also be able to sign a will online. Plus, e-wills can provide more secure storage online than shoving a piece of paper in a desk where it may be forgotten and never to be found again.
The bottom line is that e-wills are legit in some states
E-wills are a newer legal concept, and slowly but surely, states are enacting statutes that permit e-wills (the signing and digital storage of wills). There are currently 13 states that permit e-wills, and this number is only growing. If you do not live in one of the 13 states permitting e-wills, you can still get a will online, you’ll just simply need to get it printed out and signed in person. You’ll have to store it away in a physical location where you’ll remember it instead of storing it online. Stay tuned for more on the laws regarding e-wills and more!
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
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