In today’s digital world, we do just about everything online—banking, shopping, doctor’s visits, even buying a car. So it’s no surprise that people are asking: “Can I make my will online, too?”
The answer? It depends on where you live.
Some places have updated their laws to allow fully digital wills—called electronic Wills. These are wills that are created, signed, and stored completely online, without any paper or in-person meetings. But not every state is on board.
In this blog post, we’ll walk you through:
- What an electronic will actually is,
- Whether it’s legal in Virginia, Maryland, or Washington, D.C.,
- What the rules are if your state does allow it,
- And what your best options are if you’re thinking about creating a will today.
What Is an Electronic Will?
An electronic Will is a Will that’s:
- Written and signed online, without printing anything out,
- Witnessed by others through a video call or similar digital method,
- Stored digitally, rather than kept in a safe or filing cabinet.
Some states follow a legal framework called the Uniform Electronic Wills Act (UEWA), which sets the rules for how e-Wills should work. But each state can choose to adopt these rules—or not.
What’s Allowed Where You Live?
Virginia: Still Requires a Paper Will
If you live in Virginia, here’s the bottom line: You cannot make a fully electronic will yet.
Virginia law still says a will must be:
- Printed on paper,
- Signed by you, and
- Witnessed in person by two people who are there when you sign it.
While there have been several attempts in recent years to change the law and allow online wills, none of them have passed yet.
Tip: Virginia does allow remote notarization and some online legal documents, but Wills are not included in that list.
Maryland: Electronic Wills Are Legal (With a Few Rules)
Maryland has moved into the 21st century and now allows you to make a will online.
Here’s how it works:
- You can sign your will electronically,
- Your two witnesses can watch and sign via video call,
- And you don’t have to be in the same room with them.
However, after everything is signed, someone has to make a paper version—called a “certified original”—that gets printed and officially recorded. If you make that paper copy yourself, you’ll need to have it notarized.
Tip: Most people ask their attorney to handle this part to make sure it’s done correctly.
Washington, D.C.: Online Wills Are Fully Legal
If you live in D.C., you’re in luck. The city passed a law in 2022 that allows electronic Wills. To make an electronic will in D.C.:
- Your will must be readable (just a text document is fine),
- You need to sign it digitally,
- Two people must witness your signature, either in person or by video,
- You can also add a self-proving statement, which helps avoid delays later during probate.
Bonus: D.C. has a flexible rule called a “harmless error” rule. That means even if your will doesn’t meet every single technical detail, the court may still accept it—as long as it’s clear that you intended it to be your will.
What Should You Do?
If you live in Virginia:
Stick with a traditional paper Will for now. Meet with an estate planning attorney or use a reputable service that helps with paper-based Wills. Sign in front of two people, and make sure they’re there in person.
If you live in Maryland or D.C.:
You can make an electronic will, but it’s best to work with a professional. The rules are still fairly new, and you want to make sure everything is done right—especially when it comes to storing the will or converting it into an official paper version (in Maryland).
Final Thoughts
Electronic Wills are becoming more common as technology and law continue to catch up with each other. For some people—especially those with mobility issues, health concerns, or busy schedules—they’re a smart, convenient option.
But for now, the rules aren’t the same everywhere.
If you’re planning your estate:
- Know your state’s rules,
- Don’t rely on DIY legal websites without checking the law first,
- And when in doubt, talk to an estate planning attorney.
- To avoid a will contest, it is probably best to stick with a formal in person meeting with your attorney and witnesses to avoid a claim of “undue influence, coercion, or incompetency.”
You want your wishes to be honored—and your family to be taken care of. A properly made Will is one of the most important steps you can take to make sure that happens. tSimpson Law, we understand that choosing the right estate planning tools depends on your unique circumstances, goals, and the laws in your jurisdiction. Electronic wills may offer convenience and accessibility, but they aren’t the right fit for everyone — and the legal landscape is still evolving.
Our team can help you evaluate whether an electronic will is a viable and secure option based on your needs and the applicable laws in Maryland, D.C., or Virginia. We’ll walk you through the pros and cons, ensure your documents meet all legal requirements, and help you craft a comprehensive estate plan that gives you peace of mind.
If you’re considering an electronic will — or simply want to explore your options — we’re here to guide you every step of the way.