Digital Estate Planning Trends: eWills, Remote Notaries & More

Estate planning is undergoing a digital revolution.  Driven by technological advancements and accelerated by the COVID‑19 pandemic, the industry is moving from paper documents and in‑person meetings to online platforms, electronic wills and remote notarization.

Younger generations expect seamless digital experiences in every aspect of life, and estate planning is catching up. This post explores three key trends reshaping estate planning: the digitization of documents, digital notarization and the evolving concept of digital assets.

Trend 1: The Digitization of Estate Planning

For decades, estate planning involved stacks of paper documents and wet signatures. Today, online services offer secure, user‑friendly platforms that guide clients through the process of creating wills, trusts and powers of attorney. Some practicing estate planning attorneys predict that the entire estate planning industry will go digital in the near future.

Digitization improves security and transparency, reducing the risk of lost documents and making it easier to share information with trustees and beneficiaries. Importantly, it can lower costs and widen access: many Americans still lack an estate plan because of cost or inconvenience.

The shift to digital isn’t just about convenience. When everything from account statements to family photos is stored online, digital estate planning makes it easier to catalogue and transfer assets. Tools like secure client portals allow individuals to update documents quickly when circumstances change—without scheduling an office visit. According to recent reports, 83 percent of Americans recognize the importance of estate planning, yet only 31 percent have a will. By simplifying the process and meeting people where they are—online—digital services could help close this gap.

Despite the excitement, the law is still catching up. As of early 2025, six states had authorized fully digital estate planning, and eight more were expected to go live soon. Until digital wills are universally accepted, clients must ensure that their electronic documents meet state requirements. A prudent strategy is to execute both electronic and traditional copies or consult local counsel to confirm enforceability.

Trend 2: Remote and Digital Notarization

In traditional estate planning, a notary verifies the signer’s identity by examining government‑issued ID and watching them sign the document in person. Digital notarization takes this process online. Users upload identification documents, complete knowledge‑based authentication, and e‑sign under a remote notary’s virtual supervision. Remote notarization makes estate planning accessible to people who cannot travel or who live far from a notary public.

Remote notarization is not yet available everywhere. At present, states like Nevada, Florida, Indiana and Arizona have authorized digital notarization. In other states, clients must still meet a notary in person or use a hybrid process where a notary watches the signing via video but notarizes a paper document. Lawmakers are considering broader adoption, and more states are expected to legalize remote notarization in the coming years. Until then, individuals should verify their state’s requirements and, if necessary, travel to a jurisdiction where digital notarization is permitted.

When using digital notarization, it’s essential to ensure that the platform complies with state law and uses strong security protocols. Remote platforms typically require multi‑factor identity verification and maintain secure records of the transaction. Clients should also download and store digital copies of notarized documents in multiple locations—preferably with their attorney, in a cloud drive and on a secure external drive—to guard against data loss.

Trend 3: The Future of Digital Assets and Digital Identity

Another major trend is the integration of digital assets into estate plans. Some estate planning attorneys predict that we will soon drop the “digital” label entirely: every asset will have a digital identity linked to its owner. Theoretically, rather than manually cataloguing bank accounts, vehicles and heirlooms, future estate plans will automatically record transactions via blockchain or similar technology. When someone buys a piece of jewelry or a car, that purchase could instantly update their estate plan, linking the item to their digital identity and specifying how it should transfer upon death.

Currently, digital assets encompass everything from cryptocurrency and non‑fungible tokens (NFTs) to social media accounts, email, cloud storage and digital photos. The law recognizes digital assets as property, but accessing them can be tricky. Without login credentials, loved ones may not be able to retrieve family photos, personal messages or financial records. For this reason, individuals should create a digital inventory—a list of accounts and devices with instructions for access. Use a password manager to store login information securely and name a digital executor in your will or trust to handle online accounts.

Looking ahead, blockchain technology could revolutionize asset management. By linking assets to a secure digital identity, owners can streamline the transfer of property and reduce administrative costs. However, widespread adoption will require legislative changes and standardization. Even as the technology evolves, the fundamental principle remains: if no one knows your usernames or keys, your digital legacy could be lost.

Practical Steps for Embracing Digital Estate Planning

Here are some steps you can take today to prepare for a digital future:

1. Understand Your State’s Laws.  Ask whether electronic wills and remote notarization are legal where you live. If not, you may need to execute traditional documents or travel to a state that permits digital notarization.

2. Use Reputable Platforms.  Work with established companies or licensed attorneys that provide secure digital estate planning services. Verify that they partner with compliant notary platforms and offer robust data encryption.

3. Create a Digital Asset Inventory.  List your online accounts, cryptocurrencies, emails, cloud drives, domain names and other digital assets. Avoid including passwords directly in your will. Instead, keep them in a password manager or separate memorandum and update it regularly.

4. Name a Digital Executor.  Appoint someone with technological savvy to handle your digital accounts. Provide them with instructions for accessing your password manager or hardware wallets upon your death or incapacity.

5. Keep Paper Backups.  Even if you execute an electronic will, it’s wise to sign a paper copy until your jurisdiction fully embraces digital documents. Store backup copies in a safe or with your attorney.

6. Monitor Legislative Developments.  Laws are evolving quickly. Track which states have adopted remote notarization and electronic wills. Consider updating your documents as these laws change to ensure they remain valid.

Example: Embracing Digital Tools for a Seamless Estate Plan

James and Laura are entrepreneurs who run an online business and own cryptocurrency, domain names and several social media profiles. They live in Arizona, one of the states that permits end‑to‑end digital estate planning. Working with a digital estate planning service, they draft wills and a revocable trust that include instructions for their Bitcoin and business assets. The service schedules a remote notarization session. They verify their identities online, sign electronically, and receive an e‑notarized trust instrument. James and Laura also create a digital inventory and grant their attorney access to their password manager in a separate memorandum. By embracing digital tools, they secure their legacy while reducing the time and expense of traditional estate planning.

Conclusion: The Digital Wave Is Here—Ride It Wisely

Digitization, remote notarization and digital assets are transforming the way people plan their estates. These technologies promise greater accessibility, faster execution and enhanced security, but they also require vigilance. State laws vary, cybersecurity risks persist and the technology itself is still evolving. To stay ahead, educate yourself, consult professionals and update your documents regularly. The future of estate planning is online—make sure your legacy is ready for it.