What is a digital will, and how do you make one?

A short note before you start

This guide is general information for the United States, not legal, tax, financial or medical advice. Will law is set state by state, so confirm specifics with your state court's self-help site or an estate planning attorney.

What is a digital will?

"Digital will" gets used for two different things, and mixing them up causes real problems.

1. An informal digital asset inventory. A list of your online accounts, what you want done with each, and who should handle it. FindLaw is direct: this kind of document "is not" legally enforceable on its own, however carefully you write it¹.
2. An electronic will (e-will). A will drafted, signed and, in some states, witnessed and notarized entirely online, using electronic signatures instead of ink. Where state law recognizes it, an e-will is a real, probate-eligible document¹.

Most searchers want the first thing: a way to organize digital accounts for their family. An account list alone carries no legal weight. To make it enforceable, add a clause to a valid, properly signed traditional will naming a digital executor, or, only where your state allows it, create the whole will as an electronic will.

Digital will vs. electronic will vs. a will with a digital assets clause

For most families, the third option is safest.

Can you sign a will online? Electronic wills by state

The Uniform Law Commission drafted the Uniform Electronic Wills Act (UEWA) in 2019 as a model law; states are free to adopt, adapt or write their own version⁷.

States that follow the Uniform Electronic Wills Act

Colorado, North Dakota, Utah, Idaho, Washington, Minnesota, Oklahoma and the District of Columbia adopted versions based on the UEWA. Oklahoma's version is named the Uniform Electronic Estate Planning Documents Act¹⁵. Under the model act, the will must be readable, signed text, not audio or video; it needs two electronically signing witnesses, and the testator, witnesses and notary can appear by live video rather than in the same room².

States with their own e-wills laws

Nevada, Indiana, Arizona, Florida, Illinois and Maryland enacted electronic wills statutes that do not follow the uniform text, so requirements differ². New York's own Electronic Wills Act, enacted December 12, 2025, requires the signed original to be filed with the New York State Unified Court System as qualified custodian¹¹. It is not usable yet: the law does not take effect until June 10, 2027, and a will filed more than 30 days after signing is invalid under it¹⁶.

North Carolina is often listed with the e-wills states, but its 2026 law (Session Law 2025-33, effective January 1, 2026) is narrower: it lets an attorney store an already ink-signed, in-person-witnessed will electronically, then produce a certified paper copy for probate. It does not allow electronic signing or remote witnessing¹⁷,¹⁵.

States that do not yet recognize e-wills, and why lawyers stay cautious

Most other states, including California, Texas, Pennsylvania and Ohio, have not passed an e-wills law. There, a will signed only electronically and never printed and wet-ink signed is likely invalid, and a court may refuse to probate it². Even where e-wills are legal, the law is new and largely untested in court: the Anne Heche estate, where a California probate court declined to recognize an unsigned, unwitnessed email as a will, is often cited as a caution that informal digital writings differ from a compliant electronic will³. Check your state court's self-help probate page rather than assuming.

Remote online notarization and your will

Remote online notarization (RON) lets a commissioned notary witness your signature over live video instead of in person, and is now authorized for most document types in 49 states and Washington, D.C.¹⁰. RON is not the same as an e-wills law: RON governs how a notary works, while an e-wills law governs whether a will can be signed and witnessed electronically at all. Many states that allow RON broadly still exclude wills and codicils³. Notarization and witnessing differ too: most states need two witnesses regardless of notarization, and only Colorado and North Dakota let a notary's acknowledgment stand in for witnesses⁶.

Traditional will requirements, for comparison

A standard paper will remains reliable if your state does not allow e-wills. Almost all states require two "disinterested" witnesses who do not inherit anything under the will; a beneficiary who signs as a witness can lose their gift even though the rest of the will stays valid⁶. Notarization is optional in most states; a notarized "self-proving affidavit" can save your executor a court appearance later, though it is not required for validity⁶. About half the states also recognize a holographic will, one written entirely in your own handwriting and signed, sometimes without witnesses, though it is still riskier than a properly witnessed one⁴.

Online will-making services: what they cost

"Making your will digitally" also refers to using an online service to draft a will you then sign the traditional way. These services do not make the will an e-will; you still sign with witnesses unless the service supports your state's e-wills law.

What to put in a digital assets clause

Ask your attorney, or your online service if it offers state-specific language, to include: a named digital executor and a backup; authority to access, manage and close digital accounts; explicit consent to read your electronic communications' content, not just sender, recipient and date (under RUFADAA, that "catalogue" is all an executor gets by default without written consent, Uniform Law Commission, checked 2026-09-18); and a pointer to where your account inventory and password manager are kept, without listing accounts or passwords in the will itself.

RUFADAA ranks three sources of instructions for an account: first, any tool the custodian itself provides, such as Apple's Legacy Contact or Google's Inactive Account Manager; second, your will, trust or power of attorney; third, the custodian's terms of service. A custodian's tool outranks your will for that account, so a digital assets clause works alongside those platform tools, not instead of them⁹. See Apple Legacy Contact and Google Inactive Account Manager for setup, and the digital legacy checklist for the full account-by-account rundown.

Step-by-step: making a will that covers your digital life

1. Decide on a traditional paper will or, only if your state allows it, an electronic will.
2. Draft it with an online service, or hire an estate planning attorney for a complex estate.
3. Add a digital assets clause naming a digital executor, with consent to read communications if wanted.
4. Sign following your state's exact rules: witnesses, notarization where allowed in place of witnesses, or the e-wills procedure.
5. Store the signed original where your executor can find it; an e-will's qualified custodian, where required, keeps the official copy.
6. Separately, build a full digital account inventory, not in the will, and store it with your password manager's emergency access.
7. Tell your executor and digital executor where the will and inventory are kept.
8. Review and re-sign after any major life change. A small change, such as swapping a digital executor, may only need a codicil rather than a full new will.

What to record in a family guide

A family guide is not a legal document, so it can safely hold the map, but not the will's operative language or your passwords: where the signed will is kept and who drafted it, your digital executor's contact information, which password manager you use and how the emergency contact reaches it, major accounts by name only (bank, brokerage, insurer, email, social media, subscriptions, crypto exchange), and which legacy tools you've set up (Apple Legacy Contact, Google Inactive Account Manager, a platform's legacy contact) and where.

This is the kind of information a family guide, such as the one Omliva helps families build, keeps in one place so an executor is not starting from zero. See also where to keep important documents and the executor checklist.

Common mistakes

• Treating an account list as legally binding on its own; it is not, until a valid will or e-will backs it up¹.
• Writing passwords into the will instead of a password manager or private family guide.
• Assuming your state allows electronic wills. Most still do not².
• Using a remote online notary for a will in a state that excludes wills from RON.
• Never updating the account inventory as passwords and accounts change.
• Skipping the digital assets clause and assuming the executor will "figure it out." RUFADAA defaults to withholding communication content without written consent⁷.
• Naming a digital executor who is never told, or cannot reach the password manager's emergency access.

When to get professional help

Use an estate planning attorney if you live in a state without an e-wills law and still want digital provisions to hold up, if you want your executor to read email content, if you own cryptocurrency, a business, or income property, or if your estate crosses state lines. For a simple estate in a state with a well-established e-wills law, a reputable online service can be enough, especially with attorney review added on.