Documents You Can’t Sign Electronically (US)

Most US documents can be signed electronically, but the ESIGN Act and state UETA laws exclude certain records. These include wills, codicils and testamentary trusts; adoption, divorce and other family law matters; court orders and official court documents; certain consumer notices such as utility shutoffs, foreclosure or eviction notices for a primary residence, cancellation of health or life insurance and product recalls; and documents required to accompany hazardous materials. Some of these areas now have their own electronic rules under separate laws.

ESIGN Act exceptions

The federal ESIGN Act (15 U.S.C. § 7003) excludes:

You can review the statute at Cornell Law School’s LII.

UETA exclusions

UETA, adopted by nearly all states, generally excludes wills, codicils and testamentary trusts, most of the UCC other than certain sections and Articles 2 and 2A, and other laws that individual states choose to exclude. States vary, so check your state’s version.

Why these exceptions exist

Lawmakers excluded documents where:

• Extra formality protects vulnerable people, such as wills and family law.
• Courts control their own filing rules.
• Notices have serious consequences, such as losing housing, utilities or insurance, and lawmakers wanted to ensure people receive them.
• Physical documents must travel with dangerous goods.

Exceptions are changing

Several excluded areas now have their own electronic options:

• Electronic wills: some states allow e-wills under specific statutes, such as versions of the Uniform Electronic Wills Act.
• Court e-filing: most courts now accept electronic filing under their own rules.
• Remote online notarization: many states allow notarization over audio-video technology with specific requirements.
• Electronic recording: many counties accept electronically recorded real estate documents.

These are governed by their own laws and rules, not the general ESIGN or UETA framework.

Documents that often need extra care

Even when e-signatures are allowed, some documents may need additional steps:

• Notarized documents, such as certain affidavits and powers of attorney.
• Real estate deeds that must be recorded.
• Documents with witness requirements.
• Regulated records, such as some FDA-regulated electronic records with specific requirements.

What to do when e-signature isn’t allowed

1. Confirm the requirement with counsel.
2. Use a compliant alternative, such as remote online notarization or e-filing, where available.
3. Use paper and wet signatures where required.
4. Keep the rest of the process digital, such as data collection, document generation and tracking.

How Noca helps

Noca handles the documents you can sign electronically, which is most business documents, and can still automate data collection, document generation and tracking for documents that require paper or special signing processes. Explore Noca e-signature.

This article is for general information and is not legal advice.

Related guides

• Are Electronic Signatures Legally Binding in the US?
• The ESIGN Act Explained

Frequently Asked Questions

What documents cannot be signed electronically in the US?

Under the ESIGN Act, exceptions include wills, codicils and testamentary trusts; adoption, divorce and family law matters; court orders and documents; certain notices for utilities, foreclosure, eviction, insurance cancellation and product recalls; most UCC transactions outside sales and leases; and documents accompanying hazardous materials.

Can a will be signed electronically?

ESIGN and UETA exclude wills, so they do not make electronic wills valid. However, some states have separately enacted electronic wills laws that allow e-wills under specific requirements. Whether an electronic will is valid depends on your state’s law.

Can a notarized document be signed electronically?

Many states allow electronic notarization and remote online notarization under specific statutes and rules. These require approved technology, identity verification and notary procedures. An ordinary e-signature without a notary does not replace notarization where it is required.

Can divorce papers be signed electronically?

Family law matters, including divorce, are excluded from ESIGN and UETA. However, many courts now allow electronic filing and electronic signatures under their own court rules. Check the rules of the specific court handling the case.

Can real estate contracts be signed electronically?

Yes, real estate purchase agreements and leases can generally be signed electronically. Deeds and other documents that must be recorded may face county recording and notarization requirements, though many counties accept electronic recording.

Why does ESIGN exclude some notices?

ESIGN excludes certain notices, such as utility shutoffs, foreclosure and eviction for a primary residence and insurance cancellations, because they have serious consequences. Lawmakers wanted to make sure people actually receive these notices, so other delivery rules apply.