Digital Will: Are Online and Electronic Wills Legal?

A will you write online is valid if you sign it the way your state requires, which usually means printing it and signing it in front of two witnesses. A fully electronic will, signed and stored digitally, is legal only in some states, each with its own conditions. Before you rely on either, check your state's rules. "Digital will" is also used for planning what happens to your online accounts, which is a separate job.

What does "digital will" mean?

The phrase covers three different things, and mixing them up causes most of the confusion.

Is an online will legally valid?

Yes. How you write a will doesn't decide whether it is valid. Signing does. Cornell Law School's summary is that a will generally has to be in writing, signed by the person making it, and witnessed by two people, and it has to comply with the law of the place where it is signed or where the person lives. Exact rules differ by state. Some add a notary option or a self-proving affidavit, and our Simple Will Maker gives the signing steps for your state.

So the safe route is simple: write the will online, print it, and sign it with the witnesses your state requires. Don't leave it as a file on your computer.

Are fully electronic wills legal?

In some states, yes, but there is no nationwide rule, and the conditions differ. These examples show the range:

• Florida. Florida's Electronic Wills Act lets an electronic signature satisfy the signing requirement. Witnesses can sign electronically by audio-video link, but only if the session is supervised by a notary under Florida's online notarization rules. For the will to be self-proved, it must name a qualified custodian who holds it until it is offered to the court.
• Washington. Under Washington's Uniform Electronic Wills Act, effective January 1, 2022, an electronic will must be readable as text when signed, signed by the testator, and signed by at least two competent witnesses who are physically or electronically present.
• Arizona. An electronic will must be readable as text, carry the electronic signatures of the testator and two witnesses, state the signing dates and include a copy of the testator's current government-issued ID. Witnesses who are electronically present must be physically in the United States.
• Maryland. Electronic and remotely witnessed wills are allowed, but they must be turned into a paper "certified will", prepared with a supervising attorney or certified before a notary, and that certified will is treated as the original.

Other states have their own e-will laws, and some have none, so a tool that offers e-signature wills may be valid in your state, in a different state, or not at all. Washington's law, for instance, accepts an electronic will that complies with the law of the place where you were physically located when you signed it, or where you live, but whether another state's court accepts it at your death is a question for a lawyer.

What about the UK?

In England and Wales you must be 18 or over and sign your will in the presence of two witnesses, who must also be over 18, according to GOV.UK. A witness, or their spouse, can't inherit under it. On 16 May 2025 the Law Commission published its final report, "Modernising Wills Law," with a draft Bill. It recommends legislation that would make electronic wills valid, with safeguards, and lower the minimum age to 16. The Law Commission's project page says it is for Government to review and consider those recommendations, so they are proposals, not law. Check GOV.UK for the current rules.

How to protect your online accounts

Your online accounts raise a different problem. An executor may have authority over your bank account but not over your phone, email or cloud photos. Many states have adopted a version of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), but details differ by state. Washington's version, for example, lets you use an online tool from the account provider to say who may see your digital assets, and that choice overrides a contrary direction in your will if the tool lets you change or delete it at any time. Without an online tool, directions in a will, trust or power of attorney count. Check your own state's law and each service's terms.

In practice:

1. List your accounts. Include email, cloud storage, social media, subscriptions, crypto and anything with money or sentimental value.
2. Use each service's own legacy tool where there is one. Our guides cover the Google Inactive Account Manager and Apple Legacy Contact.
3. Mention digital assets in your will, and name the person you want to handle them. See digital estate planning for how.
4. Keep passwords out of the will. A will may be filed with the probate court. Use a password manager or a sealed list and tell your executor where it is. Our guide on password management after death explains the options.
5. Plan for crypto. Anyone without the keys may not be able to reach it. See cryptocurrency after death.

What to do next

1. Decide which job you're doing: writing a will, or organizing your online accounts, or both.
2. Draft your will online if you like, then print it and sign it with witnesses exactly as your state's instructions say. The Simple Will Maker gives signing steps for your state.
3. Ask a lawyer before relying on an electronic will, especially if you move between states.
4. Tell your executor where the signed original is kept, and keep it somewhere safe and easy to reach.
5. For a will that covers the basics, see dying without a will to learn what happens if you don't make one.