Are eWills Legal? Here’s What You Need to Know

When it comes to estate planning, traditional paper Wills have remained the norm—at least for now. Some states are starting to adopt eWills (electronic Wills) as legally valid, but understanding their legality can get a little tricky.

Here’s what you need to know to make navigating eWill laws simple, clear, and stress-free.

What Are eWills?

eWills, or electronic Wills, are digitally created and stored documents that outline your wishes for your estate. They aim to make estate planning more convenient and accessible. But their legality varies significantly depending on the state you reside in.

The Current Legal Landscape of eWills

At the time of writing, 14 states (plus Washington, D.C., and the U.S. Virgin Islands) legally recognize eWills. Many of them base their legislation on the Uniform Electronic Wills Act of 2019, which simplifies legal recognition across states. However, legal inconsistencies remain, with most states yet to adopt eWills as valid.

Key Challenges for eWills

Making eWills universally recognized comes with some hurdles:

• State-specific rules: Each state has its own execution standards, including requirements for witnesses, notarization, and storage.
• Security concerns: eWills require advanced digital safeguards to prevent fraud, tampering, or unauthorized access.
• Remote execution: Some states allow remote witnessing through video conferencing, while others remain hesitant to fully adopt the practice.
• Legality across states: If you own property in multiple states, certain assets might not fall under an eWill’s jurisdiction. This adds complexity to cross-border estate planning.

Tips for Creating a Legally Valid eWill

Want peace of mind that your eWill is legal and adheres to state regulations? Follow these steps:

✔︎ Check your state’s eWill laws before proceeding.

✔︎ Use a secure and reputable platform, like BetterEstate, to create your eWill. Platforms like ours ensure compliance with state laws while protecting your data.

✔︎ If your property spans multiple states, consult an estate planning attorney to ensure all assets are covered.

✔︎ Consider taking a hybrid approach by executing both an eWill (for its convenience) and a traditional paper Will where necessary.

Estate Planning Made Easy with BetterEstate

Even if eWills aren’t yet recognized in your state, you can still create a comprehensive, legally binding estate plan through BetterEstate. Our platform ensures your documents meet state-specific requirements, and we regularly update our processes to reflect evolving laws.

By planning now, you’ll secure your legacy for the future and gain the confidence that your estate wishes will be honored—no matter what. With BetterEstate, we’re here to make sure the process is affordable, fast, and tailored to you.