{"jurisdiction": "us-ny", "code": "eptl", "section": "3-6.6", "citation": "EPTL § 3-6.6", "heading": "Execution of electronic will", "text": ["* § 3-6.6 Execution of electronic will", "(a) Subject to paragraph (d) of section 3-6.8, an electronic will must be:", "(1) a record that is readable as text at the time of signing under subparagraph two;", "(2) signed at the end thereof by:", "(A) the testator; or", "(B) another individual in the testator's name, in the testator's physical presence and by the testator's direction, in a manner consistent with section 3-2.1 (a)(1)(C), subject to the following:", "(i) The presence of any matter following the testator's signature, appearing on the will at the time of its execution, shall not invalidate such matter preceding the signature as appeared on the will at the time of its execution, except that such matter preceding the signature shall not be given effect, in the discretion of the surrogate, if it is so incomplete as not to be readily comprehensible without the aid of matter which follows the signature, or if to give effect to such matter preceding this signature would subvert the testator's general plan for the disposition and administration of their estate.", "(ii) No effect shall be given to any matter, other than the attestation clause, which follows the signature of the testator, or to any matter preceding such signature which was added subsequently to the execution of the will;", "(3) declared by the testator to each of the attesting witnesses in their physical or electronic presence that the instrument the testator has signed is the testator's will; and", "(4) signed at the request of the testator by at least two individuals, each of whom is a domiciliary of a state and within a thirty day period after witnessing:", "(A) the signing of the will under subparagraph two; or", "(B) the testator's acknowledgment of the signing of the will under subparagraph two or acknowledgment of the will.", "(b) An electronic will must be created and stored using technology that reliably evidences to a person inspecting the electronic record:", "(1) The authenticity of the testator's signing of the electronic record;", "(2) The identity of that electronic record with the electronic record attested by the witnesses;", "(3) All additions, deletions, or other alterations of the electronic record after signing by the testator; and", "(4) Audit trail data.", "(c) Intent of a testator that the record under subparagraph one of paragraph (a) of this section be the testator's electronic will may be established by extrinsic evidence.", "* NB Effective December 12, 2027"], "official_source": "https://www.nysenate.gov/legislation/laws/EPT/3-6.6", "from_official_api": true, "plain_english": "An electronic will is valid only if it meets these execution and technology requirements.\n- **(a)** Subject to **§ 3-6.8(d)**, the will must be:\n  - **(1)** a record **readable as text** when signed;\n  - **(2)** **signed at the end** by the **testator**, or by another person in the testator's name, in the testator's **physical presence** and at the testator's direction, consistent with **§ 3-2.1(a)(1)(C)**. Matter after the signature does not invalidate what comes before it, but the surrogate may refuse effect to preceding matter that is incomprehensible without it or that would subvert the testator's general plan. **No effect** is given to anything after the signature **except the attestation clause**, or to anything added before the signature after execution; ★\n  - **(3)** **declared** by the testator to each witness, in their physical or electronic presence, to be the testator's will; and\n  - **(4)** signed at the testator's request by **at least 2 witnesses**, each a domiciliary of a state, **within 30 days** after witnessing the signing or the testator's acknowledgment of the signature or of the will. ★\n- **(b)** The technology used to create and store it must reliably show the **authenticity** of the testator's signing, that it is the **same record the witnesses attested**, **every later addition, deletion or alteration**, and **audit trail data**.\n- **(c)** The testator's intent that the record be the electronic will **may be proved by extrinsic evidence**.\nEffective **December 12, 2027**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/eptl/3-6.6", "publisher": "Elyphived LLC"}