N.Y. Estates, Powers & Trusts Law § 3-6.8: Electronic will attested and made self-proving at time of

* § 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