EPTL 3-6.8 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 3-6.7 Revocation up PART 6 Electronic Wills next SECTION 3-6.9 Filing of electronic will Viewing most recent revision (from 2026-02-27) View historical revision as of: -- Choose a Date -- 2026-02-27 2025-12-19 Share Facebook Email SECTION 3-6.8 Electronic will attested and made self-proving at time of Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 3, PART 6 * § 3-6.8 Electronic will attested and made self-proving at time of execution (a) An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses. (b) The acknowledgment and affidavits under paragraph (a) must be: (1) made before and in the physical or electronic presence of an officer authorized to administer oaths under law of the state in which the officer is located; and (2) evidenced by the officer's certificate under official seal affixed to or logically associated with the electronic will. (c) The acknowledgment and affidavits under paragraph (a) must conform with section fourteen hundred six of the surrogate's court procedure act and must indicate that the will was signed electronically. (d) A signature physically or electronically affixed to an affidavit that is affixed to or logically associated with an electronic will under this act is deemed a signature of the electronic will under paragraph (a) of section 3-6.6. (e) The existence of contemporaneously executed affidavits in electronic format executed in compliance with the applicable law governing electronic notaries or other such officers duly authorized to administer oaths electronically that satisfy paragraphs (a), (b) and (c) of this section shall create a rebuttable presumption that the electronic will was created in compliance with paragraph (b) of section 3-6.6. * NB Effective December 12, 2027