Are Digital or Video Wills Legal?
With digital tools increasingly used for legal documents, many people wonder whether a will created digitally or on video is legally valid. The answer varies by state.
As more of life moves digital, a natural question arises: can a will be stored digitally? Can someone make a will on a smartphone? Is a video will legal? The short answer is: sometimes, in some states — but digital wills remain legally uncertain in most of the US, and relying on them is risky.
The Traditional Will and Its Requirements
Traditional (formally attested) wills must be:
- In writing
- Signed by the testator (the person making the will)
- Witnessed by at least two adults who sign in the testator's presence
"In writing" historically meant paper. The question today is whether electronic documents and electronic signatures can satisfy this requirement.
Electronic Wills (E-Wills)
Some states have enacted laws explicitly authorizing electronic wills:
- Florida: Electronic Wills Act (2020) allows wills with electronic signatures and remote online witnesses
- Nevada: Electronic Wills Act allows electronically stored documents
- Arizona, Indiana, Utah, Washington: Have enacted electronic will legislation
- Uniform Electronic Wills Act: A model law proposed in 2019 that some states have adopted or are considering
In states with electronic will laws, a will created, signed, and witnessed electronically (typically via a notarized video session with specific software) may be legally valid. However, even in these states, the requirements are specific and technical — using a standard word processor or signing a PDF without following the specific requirements won't create a valid e-will.
In the majority of states that haven't enacted electronic will legislation, electronic documents generally cannot substitute for a traditional paper will.
Video Wills
A video recording of someone stating their wishes is not a valid will in any US state as a substitute for a formal written will. A video recording may serve as:
- Evidence in court about the testator's intentions or mental capacity
- Supplemental context alongside a valid written will
- A demonstration that the deceased was not under undue influence when signing (a video of the signing ceremony can be valuable)
But by itself, no matter how clearly it expresses the deceased's wishes, a video is not a legally binding testamentary document in any US jurisdiction.
Holographic Wills: The Handwritten Alternative
About half of US states recognize holographic wills — wills that are entirely handwritten (not typed) and signed by the testator, without witnesses. If someone wrote out their wishes by hand and signed it, this may be a valid will in states that recognize holographic wills — even without witnesses.
Holographic wills are not "digital" — they're the opposite of digital, being physically handwritten. But they're worth mentioning as a simplified alternative that avoids witness requirements in states that allow them. States that recognize holographic wills include Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kentucky, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wyoming, and others.
Digital Storage of a Valid Will
A distinct question from whether a digital will is valid is whether a valid paper will can be stored digitally. A PDF or photo of a signed will is just a copy — it's not the original. The original signed paper will is what needs to be found and filed with the probate court.
Digital storage of a copy is useful for:
- Knowing where the original is located
- Having a record if the original is lost (though courts may be reluctant to probate a copy)
- Sharing the document with family members who should know its contents
But the digital copy doesn't replace the original — and the original paper signed will must be located for probate.
Online Will-Drafting Services
Services like LegalZoom, Trust & Will, and Willing generate valid paper wills using an online process — but the final product is a printed, signed, and witnessed paper document. The "online" part is the drafting process; the final will is traditional. These services produce valid wills when the paper document is properly signed and witnessed according to state law.
For the complete will guide, see our guide to understanding a will after a death. For wills vs. trusts as an estate planning comparison, see our article on trusts vs. wills.
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