This post describes a temporary pandemic-era rule. The emergency authorization to sign wills by video is no longer in effect — it was always meant as a stopgap. We’re leaving the article up for its historical interest and because the issues it raised remain relevant whenever some clients can’t physically attend a signing.
On April 7, 2020, in the early weeks of the COVID-19 pandemic, Governor Andrew Cuomo issued an executive order temporarily authorizing the use of audio-video technology to satisfy the requirement that wills be signed in the physical presence of the testator and two witnesses. The order was extended several times during 2020 and ultimately ended when the underlying state of emergency lapsed. While in effect, it was a small but meaningful relaxation of an old, formal requirement.
What the order actually said.
Under New York’s Estates, Powers and Trusts Law, a will must be signed by the testator in the presence of two witnesses, who must also sign the will. “Presence” has historically meant physical presence in the same room. The pandemic made this impossible for many vulnerable clients — the very people most likely to need a will now.
The executive order permitted remote signing if certain conditions were met: the testator had to be present (via live video) on the same call as the witnesses, the testator had to confirm they were a New York resident, the testator had to display the signed pages to the witnesses, and signed copies had to be transmitted to the witnesses for counter-signing — usually with the witnesses signing the copies and the originals being assembled afterward.
The order was specific. It was not a broad license for digital signing. The technology had to be live and two-way; pre-recorded video was not enough. The witnesses had to actually witness the signing in real time, not just review a recording afterward.
Why estate planners took it seriously.
Under normal circumstances, “sign in person” is a reasonable rule. Wills are among the most consequential documents most people sign, and the formality protects against fraud and undue influence. But during the early pandemic, “sign in person” meant either no will at all or in-person contact that could be lethal for an elderly client. The emergency order let us serve clients who otherwise would have had to wait — and we did.
What we learned: remote signings work in a narrow set of cases (clients who are coherent, technologically able, and visibly in command of their faculties on video) and are awkward in others (clients with vision or hearing impairment, clients with shaky technology, clients whose family dynamics are complicated). The careful in-person witnessing remains the gold standard.
Where things stand today.
The emergency authorization for remote will signing has expired. New York wills again require physical-presence witnessing under EPTL § 3-2.1.
However, several related authorities did get permanent or semi-permanent updates. Remote notarization in New York was made permanent (and cleaned up) by subsequent legislation. So powers of attorney, healthcare proxies, and various other notarized documents can be executed remotely under defined procedures. Wills cannot — not yet.
If you began but never finished an estate plan started during the pandemic with the expectation that you could sign by video later, please come back in. We’ll get the executions wrapped up properly — whether that means an in-person signing meeting, a home visit, or some combination. The risk of an unsigned plan is too significant to leave hanging.
What this episode tells us.
The pandemic reminded us that the formalities of estate planning — the witnessing, the notary blocks, the sign-and-store-the-original ritual — exist for good reasons but can also stand in the way of the very people most in need of a plan. We expect, over the next decade, to see more states experiment with secure remote will signing — with more rigorous identity verification, recorded video, and tamper-evident digital archiving. New York may eventually join them.
Until then: in-person, two witnesses, in the same room, with the original pages and the original pens. Old-fashioned, but still the law.
Quick FAQ.
Can I sign my will via Zoom in New York today? No. The temporary authorization has expired. New York wills require physical-presence witnessing.
Are wills signed via video during the pandemic still valid? Wills properly executed during the period the executive order was in effect, in compliance with the order’s requirements, are valid. If you have one and have any doubts, bring it in and we’ll review it.
Can I sign other documents remotely? Often yes. Remote notarization is permanent in New York for most notarized documents. Durable powers of attorney, healthcare proxies, and living wills can frequently be executed remotely. Wills are the holdout.
I started a plan during the pandemic and never signed. What now? Come back in. Unsigned drafts are not wills. We’ll review where things stand and get them executed properly.