Is electronic signature legal in the United States?
Yes. Electronic signatures are legal in the United States under the federal ESIGN Act and the state Uniform Electronic Transactions Act (UETA), and a contract cannot be refused legal effect only because it was signed electronically. A small set of documents, such as wills, family law matters and certain consumer notices, fall outside these laws.
Last reviewed October 2026. General information, not legal advice.
E-signature law in the United States at a glance
- Status
- Legal
- Main laws
Electronic Signatures in Global and National Commerce Act (ESIGN), 15 U.S.C. 7001 et seq. (2000)
Uniform Electronic Transactions Act (UETA), adopted by 49 states, DC and US territories (1999)
New York Electronic Signatures and Records Act (ESRA), State Technology Law Article 3 (1999)
- Approach
- Open: any e-signature can be valid
Types of electronic signature in the United States
Electronic signature
Any electronic sound, symbol or process attached to or logically associated with a record and adopted with intent to sign. It has the same legal effect as a handwritten signature for transactions covered by ESIGN and UETA.
Consumer disclosures under ESIGN
Where a law requires information to be given to a consumer in writing, the consumer must first consent to electronic delivery after receiving the disclosures set out in ESIGN.
What you can sign electronically in the United States
- Sales and service contracts
- Employment agreements and HR documents
- Leases and rental agreements
- NDAs and commercial agreements
- Sales of goods under UCC Articles 2 and 2A
- Real estate purchase contracts in most states (recording rules vary by county)
Documents that need a handwritten signature or extra formalities
- Wills, codicils and testamentary trusts
- Adoption, divorce and other family law matters
- Most UCC transactions other than Articles 2 and 2A (for example negotiable instruments)
- Court orders, notices and official court documents
- Notices of cancellation or termination of utility services
- Notices of default, foreclosure, eviction or repossession relating to a primary residence
- Notices of cancellation of health or life insurance
- Product recall notices affecting health or safety
- Documents required to accompany the transport of hazardous materials
Contracts that must be “in writing”
Under ESIGN and UETA, if a law requires a record to be in writing, an electronic record generally satisfies that requirement, and if a law requires a signature, an electronic signature generally satisfies it. UETA applies only where the parties have agreed to conduct the transaction electronically, and neither law requires anyone to use electronic records. For consumer disclosures that must be in writing, ESIGN adds an extra consent step before electronic delivery is allowed.
E-signatures in the United States: frequently asked questions
Are e-signatures legal in all 50 states?
Yes, for most transactions. ESIGN applies nationwide to interstate and foreign commerce, 49 states have adopted UETA, and New York has its own Electronic Signatures and Records Act with a similar effect. Each of these laws excludes certain documents, such as wills.
Does New York follow UETA?
No. New York is the only state that has not adopted UETA. It uses ESRA (State Technology Law Article 3), which gives electronic signatures the same validity as handwritten ones but excludes wills, trusts, powers of attorney and certain negotiable instruments.
Can I sign a will electronically in the US?
Generally no. Wills are excluded from ESIGN and from most state UETA laws. A minority of states have separate electronic wills statutes with their own formalities. New York enacted an electronic wills law in December 2025 that takes effect on 12 December 2027.
Do I need consent to use e-signatures with consumers?
Yes, when a law requires information to be provided to a consumer in writing. ESIGN requires the consumer's affirmative consent to electronic records after specific disclosures.
Sources
This page is general information about e-signature law in the United States, not legal advice. It was last reviewed in October 2026, and laws change. Check the official sources above or ask a lawyer in the United States before you rely on an electronic signature for an important document. See also whether electronic signatures are legal.
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