You can create a legally valid electronic will only in states that have passed electronic wills legislation, such as Florida. The process generally requires signing electronically, having two witnesses attest to the signing in person or by video conference, and in some states notarizing the document and storing it with a qualified custodian.
Not every state recognizes electronic wills yet, and the specific rules vary significantly where they do exist. FastWill can help you determine whether an electronic will is available where you live and walk you through the requirements if it is.
What Makes a Will Electronic
An electronic will, sometimes called an e-will, is created, signed, and stored entirely in electronic form rather than on paper. It still has to meet the same basic formalities as a traditional will, including being signed and witnessed according to your state's requirements; what changes is that the signature, witnessing, and sometimes the notarization can all happen electronically or remotely.
Which States Currently Allow Electronic Wills
As of early 2026, roughly fifteen states have passed some form of electronic wills legislation, according to a survey of state statutes compiled by Wills, Trusts and Estates. A handful of these states, including Colorado, Idaho, North Dakota, Utah, and Washington, follow the Uniform Electronic Wills Act, a model law meant to standardize the rules across states. Others, including Arizona, Florida, Illinois, Indiana, Maryland, and Nevada, passed their own statutes that do not follow the uniform model. Missouri, Minnesota, New York, and Oklahoma have also enacted electronic wills laws of their own. As that survey points out, passing a statute does not mean the rules match from state to state, since execution formalities, witnessing rules, custody requirements, and how the will is treated in probate can all differ. If you split time between states or plan to move, confirm the current law in the state where you actually intend to be domiciled when the will takes effect.
Florida's Electronic Will Requirements
Florida was one of the earlier states to pass electronic wills legislation. Under Florida Statute section 732.522, an electronic signature can satisfy any requirement that a will be signed, and witnesses can sign electronically as well, including through audio-video communication technology when the process is supervised by a notary public conducting an online notarization session. The statute also requires the witness to hear the signer acknowledge that they have signed the electronic record, and the resulting will is evaluated under the same validity standards as a traditionally executed paper will, which under Florida Statute 732.502 requires two witnesses present at the signing.
The Role of a Qualified Custodian
In states like Florida, an electronic will is not just signed and saved by the testator; it also has to be deposited with a qualified custodian for the electronic version to gain the same self-proving status as a paper will. Under Florida's framework, a qualified custodian must be a Florida resident or an entity organized under Florida law, must maintain a physical office in the state for providing custodial services, and is responsible for storing the will in a secure system that prevents tampering or unauthorized access, according to a review of the requirement by BlueNotary. The custodian also has to make the will accessible to the testator during life and to the personal representative after death, which is part of why most people use a dedicated online will platform rather than simply keeping a PDF on a personal computer. Not every state that allows electronic wills imposes a custodian requirement the same way, so check your own state's specific statute before assuming yours works like Florida's.
Steps to Create an Electronic Will
- Confirm that your state has passed electronic wills legislation before relying on this option.
- Verify your identity, typically with a government-issued ID and identity verification questions.
- Draft the will itself, naming your beneficiaries, executor, and any guardian for minor children.
- Sign electronically and have your witnesses sign, following your state's specific rules for in-person or remote witnessing.
- Complete any required notarization, which some states require for the electronic will to be valid.
- Store the completed will securely, and make sure your executor knows how to access it.
A Common Scenario
Imagine a Florida resident who works remotely and travels several months a year. She wants to finalize her will while staying at a rental property out of state, without flying home just to sign paper documents in front of two witnesses in the same room. Because Florida recognizes electronic wills, she can complete the process through an online notarization session: she verifies her identity, signs electronically while a notary supervises by video, and two witnesses watch and acknowledge her signature over the same call. The completed will is then deposited with a qualified custodian rather than sitting in a folder on her laptop. If she later moves permanently to a state that does not recognize electronic wills, she would need to execute a new will under that state's paper-based rules to keep her plan valid.
Common Mistakes to Avoid
- Assuming your state allows it. Electronic wills are only valid where a state statute specifically authorizes them; using one in a state without such a law risks having the will thrown out entirely.
- Skipping the qualified custodian requirement. In states that require one, an electronic will that is not properly deposited may lose its self-proving status or fail to meet execution requirements altogether.
- Treating a scanned paper will as an electronic will. A PDF of a will you printed, signed by hand, and scanned is not the same as a will executed under an electronic wills statute from the start.
- Not telling your executor how to access it. An electronic will stored behind a password, or with a custodian your family does not know about, can be just as hard to locate as a lost paper original.
Should You Use an Electronic Will?
An electronic will can be convenient if your state recognizes one and you want to complete the entire process remotely. If your state has not passed electronic wills legislation, a standard typed will, signed on paper in front of witnesses that meet your state's requirements, remains the reliable option. Our guide to common will mistakes and how to avoid them covers the signing and witnessing errors that apply to both formats, and our California DIY will guide walks through one state's standard, paper-based execution rules in detail.
Frequently Asked Questions
Does every state allow electronic wills?
No. Only a subset of states have passed legislation recognizing electronic wills. Confirm your specific state's law before relying on this format.
Do electronic wills still need witnesses?
Yes. States that allow electronic wills still require witnesses, though some permit those witnesses to sign remotely through audio-video technology under notary supervision.
Is an electronic will notarized automatically?
No. Some states require notarization as part of making an electronic will valid, and this typically happens through an online notarization session rather than automatically.
Is an electronic will treated differently in probate than a paper will?
Generally not, as long as it was validly executed under your state's electronic wills law. Florida law specifically evaluates electronic wills under the same validity standards as traditional wills.
What if my state does not recognize electronic wills?
Use a standard typed will, printed and signed on paper in front of witnesses who meet your state's execution requirements.
Confirm Your Options First
Electronic wills are convenient where they are legal, but the rules vary enough that confirming your state's law is the first step. Start your will with FastWill and get the format that fits your state.
