Legislation

* § 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