An eWill is simply an electronic version of a paper Will, which is a legal document that outlines a person’s wishes regarding the distribution of their assets after their death. These electronic Wills are stored in electronic form as opposed to a physical copy and signed electronically instead of a “wet ink” signature.

Currently, only 15 states and D.C. permit eWills. That means that even though so many other important transactions and contracts can be fully completed electronically, the majority of Americans cannot complete their will without doing it the way it’s been done for hundreds of years: with ink on paper.

Estate planning is so important because it empowers people to put a plan in place to safeguard their future and create multigenerational wealth. The widespread acceptance of eWills in every state would greatly enhance accessibility, enabling every family to start building their legacy.

At Trust & Will, we are passionate about making digital estate planning legally valid nationwide because we believe that everyone should have the right to accessible, easy, affordable estate planning. We view eWills, eTrusts, and other documents as a powerful tool that can bridge the divide between the demand for estate planning and its accessibility to all individuals. So how are we advocating for this change? We are:

• Working with lawmakers and policymakers to promote the adoption of the Uniform Electronic Wills Act (UEWA) and the Uniform Electronic Estate Planning Act (UEEPDA).
• Helping to educate the public about the benefits of eWills and other electronic estate planning documents.
• Establishing partnerships with stakeholders like state bar associations, AARP, MetLife Legal Plans, and OneNotary so that our members can complete their estate plans entirely from the comfort of their own homes.

Overall, nationwide availability of digital estate planning could have a significant impact on the world. The option of electronic wills and other documents like trusts and health directives would allow for accessible and affordable for everyone, regardless of their income or location. It would also help reduce the risk of fraud and ensure that people’s wishes are accurately reflected for clarity, and so they can leave a legacy that lasts.

Our team is working tirelessly to push forward digital estate planning legislation across the US. Check out our efforts in:

• New York: Working with a broad-based coalition, we successfully passed UEWA legislation awaiting the governor’s signature. Our team visited Albany to educate lawmakers on the benefits of electronic wills and to advocate for the bill’s passage.
• Missouri: We engaged with legislators in Jefferson City, testifying before policy committees three times to advocate for UEEPDA legislation. The bill passed overwhelmingly and was signed into law in June.
• North Dakota: In partnership with the North Dakota State Bar and leading financial associations, we testified in support of UEEPDA legislation, which passed unanimously and was signed into law.

We are committed to our efforts and will continue speaking out across the country so that every American has equal opportunity to build their legacy.

The history of digital adoption dates back to 2000 when the Uniform Electronic Transactions Act (UETA) was passed. UETA ensures that digital signatures and electronic documents are legally equivalent to handwritten signatures and paper records, enabling legal transactions to be conducted online. This is what spearheaded the push for eWill legislation. See how things unfolded:

• 1999 - UETA was adopted by the Uniform Law Commission and since then, 49 states have passed UETA (New York has separate electronic signature legislation)
• 2000 - Congress passed ESIGNe-Sign, a federal law granting legal recognition to electronic signatures and records
• 2017 - Nevada became the first state to legally allow eWills
• 2018 - Arizona and Indiana followed in Nevada’s footsteps allowing eWills
• 2019 - Florida enacted eWill legislation
• 2019 - The Uniform Law Commission adopted the Uniform Electronic Wills Act (UEWA), which legally allows wills to be created, signed, and stored electronically.
• 2020 - Due to COVID-19, temporary allowances were made for remote notaries due to shelter-in-place requirements. This in turn accelerated the adoption ofRemote Online Notarization Act (RON), which made remote notarization permanent.
• 2020 - Several states, including Utah, Illinois, Washington, and Maryland, went on to enact UEWA after seeing it was necessary due to COVID.
• 2022 - The Uniform Law Commission adopted the Uniform Electronic Estate Planning Documents Act (UEEPDA), which legally allows non-testamentary estate planning documents (e.g., trust, health directive, power of attorney) to be created, signed, and stored electronically
• 2023 - Illinois becomes the first state to enact UEEPDA
• 2024 - UEEPDA legislation was enacted in Colorado, Oklahoma, and Washington
• 2025 - Trust & Will accomplished significant legislative wins in New York and Missouri
• 2025 - Launch of of LIVE Coalition

Discover how the digital age is revolutionizing estate planning in our latest survey. Trust & Will reveals significant insights into the growing preference for electronic Wills and remote online notarization. Learn why we are advocating for eWill legislation and how it simplifies and modernizes the estate planning process for everyone.

Key findings include that over 76% of respondents created a Will for the first time, yet many have not signed or notarized their documents. The survey also showed that more than 80% of respondents would regularly review and complete their Wills if eWills were available, overcoming the intimidation and inconvenience associated with traditional processes.