EDUCATIONAL PILLAR · ELECTRONIC WILLS
Electronic wills under UEWA — fresh law, narrow adoption
The Uniform Electronic Wills Act (ULC, 2019) provides a framework for validly executing a will as an electronic record. 9 jurisdictions have adopted UEWA or a state-specific Electronic Wills Act. The remaining 42 have not, and most have no permanent post-COVID remote-witnessing rule.
- UEWA / Electronic Wills Act adopted (10)
- Not adopted (41)
Electronic Wills Act adoption — 50 states + DC
9 jurisdictions have adopted UEWA (Uniform Electronic Wills Act, ULC 2019) or a state-specific Electronic Wills Act, verified against the state legislature primary source. Rows without confirmed enacting bills are flagged "verification pending".
| Code | State | Status | Effective | Statute |
|---|---|---|---|---|
| AZ | Arizona | State E-Wills Act | 2019-07-01 | Primary sourceAriz. Rev. Stat. §14-2518 |
| CO | Colorado | State E-Wills Act | 2021-01-21 | Primary sourceColo. Rev. Stat. §§ 15-11-1301 to 15-11-1311 |
| FL | Florida | State E-Wills Act | 2020-07-01 | Primary sourceFla. Stat. §732.522 |
| IL | Illinois | State E-Wills Act | 2022-07-26 | Verification pending755 ILCS 6/ |
| IN | Indiana | State E-Wills Act | 2018-07-01 | Verification pendingInd. Code §29-1-21 |
| MD | Maryland | State E-Wills Act | 2022-04-21 | Primary sourceMd. Code Ann., Est. & Trusts §4-102 (SB36 / Ch. 177 Acts of 2022) |
| NV | Nevada | State E-Wills Act | 2001-10-01 | Primary sourceNev. Rev. Stat. §133.085 |
| ND | North Dakota | Verification pending | — | Pending primary-source verification |
| UT | Utah | UEWA adopted | 2020-05-12 | Verification pendingUtah Code §75-2-1401 et seq. |
| WA | Washington | State E-Wills Act | 2022-01-01 | Primary sourceWash. Rev. Code §11.12.400 et seq. |
| AL | Alabama | Not adopted | — | — |
| AK | Alaska | Not adopted | — | — |
| AR | Arkansas | Not adopted | — | — |
| CA | California | Not adopted | — | — |
| CT | Connecticut | Not adopted | — | — |
| DE | Delaware | Not adopted | — | — |
| DC | District of Columbia | Not adopted | — | — |
| GA | Georgia | Not adopted | — | — |
| HI | Hawaii | Not adopted | — | — |
| ID | Idaho | Not adopted | — | — |
| IA | Iowa | Not adopted | — | — |
| KS | Kansas | Not adopted | — | — |
| KY | Kentucky | Not adopted | — | — |
| LA | Louisiana | Not adopted | — | — |
| ME | Maine | Not adopted | — | — |
| MA | Massachusetts | Not adopted | — | — |
| MI | Michigan | Not adopted | — | — |
| MN | Minnesota | Not adopted | — | — |
| MS | Mississippi | Not adopted | — | — |
| MO | Missouri | Not adopted | — | — |
| MT | Montana | Not adopted | — | — |
| NE | Nebraska | Not adopted | — | — |
| NH | New Hampshire | Not adopted | — | — |
| NJ | New Jersey | Not adopted | — | — |
| NM | New Mexico | Not adopted | — | — |
| NY | New York | Not adopted | — | — |
| NC | North Carolina | Not adopted | — | — |
| OH | Ohio | Not adopted | — | — |
| OK | Oklahoma | Not adopted | — | — |
| OR | Oregon | Not adopted | — | — |
| PA | Pennsylvania | Not adopted | — | — |
| RI | Rhode Island | Not adopted | — | — |
| SC | South Carolina | Not adopted | — | — |
| SD | South Dakota | Not adopted | — | — |
| TN | Tennessee | Not adopted | — | — |
| TX | Texas | Not adopted | — | — |
| VT | Vermont | Not adopted | — | — |
| VA | Virginia | Not adopted | — | — |
| WV | West Virginia | Not adopted | — | — |
| WI | Wisconsin | Not adopted | — | — |
| WY | Wyoming | Not adopted | — | — |
The UEWA model act
UEWA requires an electronic will to be:
- A record of the testamentary intent, retrievable in perceivable form;
- Signed by the testator (or signed in the testator's name in the testator's electronic presence and at the testator's direction);
- Signed by at least two witnesses in the testator's electronic presence, with the witnesses' signatures recorded simultaneously or within a reasonable time.
"Electronic presence" is the load-bearing concept — the witnesses don't need to be physically present, but must be able to see and hear the testator in real time during the signing.
UEWA is distinct from UETA
The Uniform Electronic Transactions Act (UETA) — adopted by nearly every state — explicitly EXCLUDES wills from its scope under UETA §3(b)(1). That's why UEWA exists: states needed a separate, will-specific framework. Some pre-UEWA state e-will statutes (FL 2020, NV 2017, AZ 2019, IN 2018) predate UEWA and have slightly different requirements.
Cross-state portability of an electronic will
The cross-state portability question for e-wills is unsettled in most non-adopting states. A few specific patterns appear:
- E-will executed in an adopting state, domicile at death also adopting. Generally VALID — most adopting states honor each other's e-will frameworks.
- E-will executed in an adopting state, domicile at death not adopting. UNCERTAIN. The domicile state's choice-of-law rule (UPC §2-506 pattern) typically honors out-of-state wills validly executed where executed, but specific recognition of out-of-state electronic wills is unsettled in most jurisdictions.
- E-will executed in a non-adopting state, domicile at death adopting. Generally INVALID — the execution-state failed to establish validity, so the choice-of-law rule has no underlying-valid will to honor.
The cross-state decoder runs this conditional.
COVID-era remote witnessing — distinct from UEWA
During COVID-19, most states issued executive orders permitting remote witnessing. Most expired between 2022 and 2023. A few states (e.g., Illinois, Washington) enacted permanent post-COVID remote-witnessing frameworks separate from UEWA. A will purportedly executed under a now-expired emergency rule may be invalid; legal review required.
UEWA adopters in detail
- Arizona — effective 2019-07-01; State has enacted a state-specific Electronic Wills Act (predates or is distinct from UEWA). Primary sourceAriz. Rev. Stat. §14-2518
- Colorado — effective 2021-01-21; State has enacted a state-specific Electronic Wills Act (predates or is distinct from UEWA). Primary sourceColo. Rev. Stat. §§ 15-11-1301 to 15-11-1311
- Florida — effective 2020-07-01; State has enacted a state-specific Electronic Wills Act (predates or is distinct from UEWA). Primary sourceFla. Stat. §732.522
- Illinois — effective 2022-07-26; State has enacted a state-specific Electronic Wills Act (predates or is distinct from UEWA). Verification pending755 ILCS 6/
- Indiana — effective 2018-07-01; State has enacted a state-specific Electronic Wills Act (predates or is distinct from UEWA). Verification pendingInd. Code §29-1-21
- Maryland — effective 2022-04-21; Maryland's state-specific electronic-execution amendment to §4-102 — not full UEWA but permits electronic witnessing of will execution. Primary sourceMd. Code Ann., Est. & Trusts §4-102 (SB36 / Ch. 177 Acts of 2022)
- Nevada — effective 2001-10-01; NRS 133.085 originally enacted Stats. Nev. 2001 p. 2340 — Nevada was the first US state to permit electronic wills. AB413/2017 substantially revised the framework (qualified custodians, electronic notary). Prior 2017-07-01 effective date in our manifest was the amendment, not the original enactment. Primary sourceNev. Rev. Stat. §133.085
- Utah — effective 2020-05-12; State has adopted the Uniform Electronic Wills Act (ULC 2019 model). Verification pendingUtah Code §75-2-1401 et seq.
- Washington — effective 2022-01-01; State has enacted a state-specific Electronic Wills Act (predates or is distinct from UEWA). Primary sourceWash. Rev. Code §11.12.400 et seq.
Frequently asked questions
Which states have adopted UEWA or an Electronic Wills Act?
Nine jurisdictions enacted Electronic Wills Act statutes as of 2026-05-11: Utah adopted the Uniform Electronic Wills Act; Arizona (2019), Colorado (2021, Colorado Uniform Electronic Wills Act), Florida (2020), Illinois (2022), Indiana (2018), Maryland (2022, state-specific), Nevada (originally 2001 — the first US state to permit e-wills, substantially revised 2017), and Washington (2022) enacted state-specific Electronic Wills Acts. North Dakota was previously listed but is currently flagged citation-drift (the chapter we originally cited turned out to be International Wills, not e-wills) and is suppressed from the public count until re-verified.
What is the difference between UEWA and UETA?
UETA (Uniform Electronic Transactions Act) is a general electronic-records statute adopted by nearly every state. UETA §3(b)(1) explicitly EXCLUDES wills from its scope, which is why a separate framework — UEWA, or state-specific Electronic Wills Acts — was needed for electronic wills.
Is my electronic will valid if I move to a non-adopting state?
It depends on the domicile state's choice-of-law rule and whether the e-will satisfies the execution-state's framework. Cross-state recognition of e-wills under a non-adopting state's UPC §2-506 conformity rule is unsettled — the decoder will flag this as UNCERTAIN.
Did COVID-era remote-witnessing become permanent?
Only in a few states (notably Illinois and Washington have permanent post-COVID frameworks separate from UEWA). Most states' COVID emergency orders expired between 2022 and 2023. A will executed under a now-lapsed emergency order may not be valid; legal review required.
What is 'electronic presence' under UEWA?
UEWA defines electronic presence as the witnesses being able to see and hear the testator in real time during the signing, even if not physically co-located. The signing must be recorded simultaneously or within a reasonable time. State-specific Electronic Wills Acts have similar but not identical definitions.