EPTL § 3-6.4

Choice of law regarding execution  ·  as in force on May 31, 2026

* § 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.

* NB Effective December 12, 2027

Official sourcehttps://www.nysenate.gov/legislation/laws/EPT/3-6.4

In plain English

An electronically executed will that does not comply with § 3-6.6(a) is still formally valid and admissible if execution complied with the law where the testator was physically located at execution or domiciled at execution or death. ★ Effective December 12, 2027.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.