united-states wills estate-planning digital-contract
Is a digital last will and testament on my cloud drive legally binding?
<p><strong>For example:</strong>
Let's say I simply put the signed, digitized document on a cloud drive and inform my executor of how to retrieve it via an email with instructions for safe keeping. Will my Executor have issues enforcing this document or proving its validity with the various states I have investments in and especially when it comes to assigning the guardianship of my children?</p>

<p><strong>Reasoning:</strong>
While we have worked with many law firms over the years for different reasons, it seems silly to pay a legal entity which I can't even be certain will exist when I die, to keep a document that is much safer and more readily accessible by my executor somewhere else. Furthermore, this document will change. I prefer to alter it myself without the hassle of re-filing it with an individual entity in hard-copy.</p>

<p><strong>Details of Residency:</strong>
My residency is in 2 states (OR and AZ) and have investments (also file tax returns) in 5 states.</p>

<p>The general answer is, no, it is not valid in the US, see <a href="https://www.americanbar.org/publications/bifocal/vol_38/issue-5--june-2017-/the-future-of-electronic-wills.html" rel="nofollow noreferrer">this article</a>. Exceptions to laws recognizing e-signatures abound which exclude wills from general laws recognizing electronic signatures. <a href="https://www.leg.state.nv.us/NRS/NRS-133.html" rel="nofollow noreferrer">Nevada</a> is the one current exception (conveniently located between Oregon and Arizona). There have been attempts to legalize electronic wills, including in Arizona (SB 1298). Although Tennessee does not recognize e-wills, a gentleman in Tennessee went ahead and did it, and in <a href="https://www.courtlistener.com/opinion/1405291/taylor-v-holt/" rel="nofollow noreferrer">Taylor v. Holt</a>, 134 S.W.3d 830 the court decided that the will was properly executed and witnessed. Electronic notarization is <a href="https://www.azsos.gov/services/public-information/digital-signature-policy-authority" rel="nofollow noreferrer">recognized in Arizona</a>, though apparently for things you file with the government (not things that your heirs will eventually file), whereas <a href="http://sos.oregon.gov/business/Pages/electronic-notarization-faq.aspx" rel="nofollow noreferrer">in Oregon</a> it is a general-purpose way of getting a document notarized. Since the courts are loathe to completely disregard a person's last will and testament because they didn't narrowly follow requirements, you might be able to "get away with it", but it would not make things easier for the executor.</p>
