Which Documents Can't Be Signed Electronically?

The short list

The federal list: ESIGN § 7003

The ESIGN Act's general rule doesn't apply to records governed by these laws:

"(1) a statute, regulation, or other rule of law governing the creation and execution of wills, codicils, or testamentary trusts; (2) a State statute, regulation, or other rule of law governing adoption, divorce, or other matters of family law; or (3) the Uniform Commercial Code, as in effect in any State, other than sections 1–107 and 1–206 and Articles 2 and 2A."

15 U.S.C. § 7003(a) · Official source

Section 7003(b) then lists court documents, the four kinds of notices (utilities; default, foreclosure or eviction on a primary residence; health or life insurance cancellation; product recalls) and hazardous materials documents. These were left out because the consequences of missing them are severe, and Congress didn't want them lost in an inbox.

Two points that are easy to miss:

• The UCC exclusion is narrower than it sounds. Sales and leases of goods (Articles 2 and 2A) are covered, so a bill of sale for a car or a purchase order is fine. What's excluded is mainly negotiable instruments like checks and drafts, letters of credit and documents of title. Electronic promissory notes secured by real property can work as "transferable records" under ESIGN § 7021 and UETA § 16.
• The family law exclusion is about court-governed matters, such as the divorce decree or adoption papers. A private agreement between family members, like a loan or a car sale, isn't excluded just because the parties are related.

State exclusions under UETA

The uniform UETA text (§ 3(b)) excludes wills, codicils and testamentary trusts and most of the UCC, the same core as ESIGN. Some states add their own:

• California (Civil Code § 1633.3) has the longest list: laws requiring certain notices to be separately signed or initialed, many specific consumer credit, installment sale, vehicle, insurance and mortgage provisions, and eviction notices under Code of Civil Procedure § 1162. See California.
• New York (ESRA, State Technology Law § 307) excludes wills, trusts, do-not-resuscitate orders and powers of attorney that dispose of property or the person at death or incapacity (with some exceptions), and negotiable instruments unless there's a single unique electronic version. See New York.
• Texas (Bus. & Com. Code § 322.003) and Florida (§ 668.50(3)(c)) add court-related exclusions. See Texas and Florida.

Other states have their own short additions. Before e-signing anything unusual, check your state's version in electronic signature laws by state.

Documents that need a notary

Notarization isn't a separate ESIGN exclusion. It's that some documents, by state law, must be acknowledged before a notary, and an ordinary e-signature doesn't do that. Typical examples:

• Deeds and other documents to be recorded with the county.
• Powers of attorney (often must be notarized or witnessed, depending on the state).
• Affidavits and sworn statements.
• Some vehicle title transfers and minor travel consent letters, depending on the state.

ESIGN § 7001(g) and UETA § 11 allow the notary's own signature to be electronic, and most states now allow remote online notarization. But you still need a commissioned notary. More in e-signature vs. notarization.

Wills and trusts

Wills are excluded from both ESIGN and UETA because will execution has its own formalities (witnesses, sometimes a notary for a self-proving affidavit). That doesn't mean they must be on paper everywhere. A growing number of states have passed electronic wills laws with their own requirements. Illinois did in 2021, and New York's takes effect on December 12, 2027. An e-signature app isn't the way to make a will: use your state's procedure, ideally with an estate planning lawyer.

Living (revocable) trusts are a gray area. ESIGN excludes "testamentary trusts," which are created by a will. Many lawyers still have living trusts signed on paper and notarized because banks and title companies expect it. Ask before you e-sign one.

Court documents

Court orders, notices and official court documents "required to be executed in connection with court proceedings," including briefs and pleadings, are excluded from ESIGN. Courts run their own e-filing systems with their own signature rules, so use those. A settlement agreement between private parties is a different thing: it's a contract and can usually be e-signed, unless the court requires a particular form.

Real estate and recording

Buying or renting real estate mostly involves contracts that can be e-signed: purchase agreements, leases, rental applications and disclosures. What's different is recording. A deed or mortgage that goes to the county recorder usually must be notarized and must meet that office's format rules. Many states have adopted the Uniform Real Property Electronic Recording Act, and many counties accept e-recording through approved vendors, but that's a separate process with its own requirements. Check with the recorder's office or your title company.

And remember the § 7003 notices: a notice of default, foreclosure or eviction on someone's primary residence can't rely on ESIGN. Landlords should serve those the way state law requires. California says so expressly for its eviction notices.

IRS forms

Federal tax forms are a special case. The IRS decides, form by form, which ones it accepts with an electronic signature and how. Electronically filed returns use the IRS e-file signature rules (for example, a PIN), and for some paper-only forms the IRS has allowed electronic or digital signatures under announcements it has extended and updated over time. Before e-signing anything for the IRS, check the current instructions for that form on irs.gov. MultiDocs is not an IRS e-file provider.

What you can sign electronically

Everything else, which is most of what people actually sign: NDAs, contractor agreements, leases, bills of sale, liability waivers, offer letters, quotes, purchase orders, consent forms and permission slips. For those, the rule is simple: the electronic signature is valid, and your job is to keep proof of who signed. See are electronic signatures legally binding?

This is general information, not legal advice. For your specific situation, ask a lawyer licensed in your state.