Creating Electronic Records for Longevity, Authenticity, and Proof

As of January 1, 2026, North Carolina allows attorneys to create an electronic record of a written, attested will that can later be admitted to probate. The statute (as explained by the UNC School of Government) creates a practical opportunity and a practical responsibility. Many estate planning attorneys are asking the same question: How do I store an electronic record for decades and be able to prove it hasn’t been altered? Though not an easy process, the good news is that most firms already have the tools required to create a defensible electronic will or other documents. The good news is that most firms already have the tools they need. With a thoughtful workflow and a basic understanding of digital integrity, you can create an electronic record of a will or other document that is defensible, reliable, and suitable for long‑term storage.

Why the Law Changed

An excellent blog post by Catherine Wilson at the UNC School of Government explains that the new statute was motivated, in part, by the problem of lost wills. Under prior law, a photocopy of a will was treated as a lost will, often leading to difficult and expensive probate proceedings.

Under the new statute, an attorney may, at the testator’s direction, create an electronic record of a written, attested will. This electronic record must be accompanied by an affidavit created at the time of execution. When the estate is later probated, a certified paper copy is produced from the electronic record, and a second affidavit is completed. In effect, the electronic file becomes the authoritative source from which the probate document is created.

The Core Problem to Solve

The central challenge is not scanning the will. The real question is how, years or even decades later, you can prove that the PDF you have on file is exactly the same file that was created on the day the affidavit was signed.

If a disgruntled heir challenges the will, one of the first questions will be whether anyone could have changed the document after the fact. Simply scanning the will to PDF does not answer that question. Password‑protected PDFs are unreliable. Metadata timestamps are not persuasive evidence, because they can be changed and rarely carry weight in court.

Creating a durable electronic record requires solving two related problems. First, the file must remain readable far into the future. Second, you must be able to demonstrate that the file has not been altered since it was created.

A useful way to think about this is in three layers of protection. The first ensures the document will still open and display correctly years from now. The second locks the document so that changes are obvious. The third gives you an independent way to verify the file if its integrity is ever questioned.

Archival Format

The foundation of a long‑term electronic record is the file format itself. The goal is to create a document that will look the same no matter what software is used to open it in the future.

PDF/A is an international archival standard designed for this purpose. A PDF/A file is self‑contained, meaning it embeds fonts, colors, and other information directly into the document. This helps ensure that the file will display consistently over time, even as software and operating systems change. You do not need specialized equipment to create a PDF/A; many common office tools already support it.

Locking the Document

Once the document is in a stable format, the next step is to lock it so that any later changes are obvious.

One option is to apply a digital signature to the PDF/A file. A digital signature is not the same thing as a typed name or a scanned ink signature. It uses cryptography to lock the document at a specific moment in time. If anything in the file is changed afterward, the signature will show as invalid the next time the document is opened. Most PDF viewers display this clearly, often as a colored ribbon or checkmark at the top of the document.  In tools like Adobe Acrobat, you can create a self-signed digital signature or a certified digital signature.

Another option is to use an electronic signature service such as DocuSign or Adobe Sign when signing the initial affidavit. These services generate an independent, timestamped audit trail showing when the document was signed and what its cryptographic state was at that moment. The service’s certificate of completion can serve as third‑party evidence of the document’s integrity. For many firms, this is the most practical approach, since these tools are already part of daily practice.

You would typically choose one of these approaches, not both.

Independent Verification

As an added safeguard, you can record a file hash after the document has been signed. A file hash is a unique string of letters and numbers generated from the contents of the file. If even a single pixel changes, the hash will change. You do not need to understand how the hash is calculated to rely on it as evidence.

Both Windows and macOS can generate a file hash using built‑in tools. After the final, signed PDF/A file is created, generate its SHA‑256 hash and record that value in a short, signed memo placed in the client’s physical file. The memo should state the date the electronic record was created, identify the client and the document, and record the hash value. This provides an independent way to verify the file if the digital signature or signing service is ever questioned.

Putting the Process Together

In practice, the workflow looks like this: The will is executed in the normal manner, and the attorney’s affidavit is signed and notarized. That affidavit is physically attached to the will before scanning, because it is part of the electronic record. The fully executed will and affidavit are scanned at high resolution and converted to PDF/A format. The attorney then either applies a digital signature or completes the signing process through an electronic signature service. Once the document is finalized, the file hash is generated and recorded in the client’s file. The electronic record is stored in at least two secure locations, such as the firm’s server and a cloud‑based practice management system.

When the will is later offered for probate, the stored PDF is opened and the signature status is verified. As an additional check, the hash of the stored file can be regenerated and compared to the hash recorded in the file. If they match, the document is unchanged. A certified paper copy is then produced, the second affidavit is completed, and the probate proceeds.

Documenting the Workflow

Whatever tools you use, it is important to document your process. A written standard operating procedure should address file naming conventions, where electronic records are stored, who is responsible for creating and signing them, and how integrity is verified. Consistency is critical, especially if these files may be examined years later by someone who was not involved in their creation. Download a sample SOP (Standard Operating Procedure) to customize generated by Claude.ai.

Long‑Term Custody and Succession Planning

The statute does not specify where electronic records must be stored, how long they must be retained, or what happens if the custodying attorney retires, dies, or closes a practice. These are open questions, but prudent practice suggests planning ahead. Document the storage location in the client’s file, use clear and descriptive file names, and have a written plan for transferring custody of electronic records if you leave practice or dissolve the firm.

Conclusion

North Carolina’s electronic will statute is an important step toward protecting clients from the consequences of lost wills. It also places responsibility on attorneys to ensure that electronic records remain intact and trustworthy, sometimes for decades. The decision to keep copies of wills is ultimately up to each firm, depending on their policies and the needs of their clients. Fortunately, the tools required to meet that responsibility are affordable, widely available, and already familiar to most firms. With a thoughtful workflow, you can create electronic records of a wills that are both practical today and defensible far into the future.