Electronic signatures have become a standard part of modern legal practice. But in estate planning, there are specific considerations—both legal and practical—that attorneys and clients should understand before signing digitally.
The legal foundation
The Electronic Signatures in Global and National Commerce Act (E-SIGN Act), passed in 2000, established that electronic signatures are legally binding for most contracts and documents in the United States. The Uniform Electronic Transactions Act (UETA) provides similar coverage at the state level and has been adopted by 49 states.
For estate planning documents—specifically wills—the requirements vary by state. Most states require wills to be signed in front of witnesses. Remote online notarization (RON) laws, accelerated by the COVID-19 pandemic, now allow for virtual witnessing and notarization in most states.
What can be signed electronically?
**Powers of attorney** — In virtually all states, a durable power of attorney can be signed electronically. Some states require notarization; many do not.
**Healthcare directives** — Similarly, advance healthcare directives and healthcare proxies can generally be signed electronically.
**Trusts** — Revocable living trusts and trust amendments can typically be executed electronically.
**Wills** — This is the most complex area. Traditional wills require physical signatures and wet-ink witnesses in many states. However, "electronic wills" statutes now exist in Florida, Nevada, Arizona, and a growing number of other states. Your attorney will advise on what's permissible in your jurisdiction.
How ePlanHub handles signatures
ePlanHub integrates with HelloSign (now Dropbox Sign) for legally compliant e-signature collection. All signature events are timestamped, IP-logged, and stored with a complete audit trail. Signed documents are retained in your matter record.
Your attorney will ensure only documents that can legally be signed electronically are routed through the e-signature workflow—documents requiring physical signatures will be flagged accordingly.
The bottom line
For most estate planning documents, electronic signatures are a safe, legal, and efficient choice. Work with a licensed estate planning attorney who understands your state's requirements to ensure your documents are properly executed.