Modernization of Estate Planning

States generally have been reluctant to modernize their estate planning laws out of concerns about safety, exploitation, and fraud. However, a handful of states have begun allowing electronic wills and electronic versions of other common estate planning documents. As safeguards are developed, more states will likely pass laws legalizing these electronic documents.

In 2019, the Uniform Law Commission drafted the Uniform Electronic Wills Act (E-Wills Act) to provide a framework for states adopting electronic estate planning. The E-Wills Act allows for electronic signatures of the person writing the will and their two witnesses. It also allows electronic wills to be recognized across states while preserving certain legal protections of paper wills. As of 2024, seven states, the District of Columbia, and the U.S. Virgin Islands have enacted the E-Wills Act.

In 2022, the Uniform Law Commission proposed the Uniform Electronic Estate Planning Documents Act (UEEPDA), which authorizes the use of electronic documents and electronic signatures for common estate planning documents, such as trusts and powers of attorneys. The UEEPDA was based on the widely adopted Uniform Electronic Transactions Act (UETA), which generally makes electronic signatures, records, and contracts legally valid with the parties' agreement. However, the UETA does not apply to wills and other estate planning documents. As of 2024, four states have passed the UEEPDA.

Electronic and remote notarization: Electronic and remote notarization are two tools that can facilitate the notarization of estate planning documents. Electronic notarization allows a notary to use an electronic stamp on an electronic version of a document. The notary must still be physically present with the person making the will and witnesses. Remote notarization, on the other hand, does not require the notary to be physically present. The notary uses secure remote technology, such as a webcam, to ascertain the identity of those signing and serving as witnesses and an electronic stamp to notarize the documents. It is important that protections be in place, including:

• verifying the identity of those who are signing the documents;
• preventing tampering with documents after they are notarized;
• creating a record of the notarization, including by recording remote notarizations; and
• protecting against notary misconduct.

During the COVID-19 pandemic, many states passed new laws on a temporary basis to ensure that people could have documents notarized safely. Most states have since passed permanent remote online notarization (RON) laws allowing remote notarizations. States’ RON laws widely vary.

The Uniform Law Commission created the Revised Uniform Law on Notarial Acts, which allows states to adopt and enable RON. It permits electronic notarization using technologies approved by the enacting state's regulatory body. It also authorizes RON through the use of audio-visual recording and identity-proofing technology.