Can you sign it this way?
What still needs paper or a notary
Most documents can be signed electronically; electronic signatures on contracts are recognized under the federal ESIGN Act and state UETA laws. A short list cannot, and a second list can be signed electronically but needs a notary or a specific delivery method on top. This page is the plain version of both lists, with the statute cited, so you can check a document against it in a minute.
The federal exclusions, by name
Section 7003 of the ESIGN Act says the general rule does not apply to these categories:
- Wills, codicils and testamentary trusts
- Adoption, divorce and other matters of family law
- Court orders, court notices and official court documents, including pleadings and briefs
- Most of the Uniform Commercial Code, other than the sections on waiver and the articles on sales and leases of goods
- Notices of cancellation or termination of utility service
- Notices of default, acceleration, repossession, foreclosure or eviction for a primary residence
- Notices of cancellation or termination of health insurance or life insurance benefits
- Product recall notices and notices of a material failure of a product that risks health or safety
- Documents required to accompany the transport or handling of hazardous or toxic materials
What the exclusion means in practice
Excluded means the federal law does not make an electronic version sufficient. A state statute or a court rule may still allow one; many courts file electronically, and several states now permit electronic wills under their own statutes with their own formalities. The safe reading is the narrow one: for anything on the list, find the rule that governs that specific document before relying on a link.
The eviction and foreclosure line matters most to landlords. The lease can be signed electronically. The notice to a tenant who has stopped paying should follow the delivery method the state's landlord-tenant statute sets.
Notaries: a separate question
A notary confirms identity and willingness. Whether a document needs one is set by state law for that document, deeds and powers of attorney most often, and it is not changed by how the signature is made. ESIGN allows a notarization requirement to be met electronically when the notary's electronic signature travels with the record, and many states now permit remote online notarization through a notary who is authorized for it. An electronic signature on its own does not replace the notary.
States, agencies and the fine print
Some state versions of UETA carry extra exclusions, and government offices set their own rules for what they accept. If a document is going to a court, a recorder of deeds, a motor vehicle office or a licensing board, that office's instructions govern. For everything else, a contract, a waiver, a lease, an acknowledgment, an offer letter, an invoice, the general rule applies.
Common questions
- Can a will be signed electronically?
- Not under the federal rule; wills are the first item on the ESIGN exclusion list. A number of states have passed electronic will statutes with their own formalities. That is a question for an estate lawyer in your state.
- Can a deed be signed electronically?
- Deeds are not on the federal exclusion list, but they are recorded, and recorders and state law typically require notarization and sometimes witnesses. Check the county recorder's rules and the state's electronic recording and remote notarization statutes.
- Can a power of attorney be signed electronically?
- State law governs, and many states require a notary and sometimes witnesses for a power of attorney. The signature method is the smaller question; the formalities are the larger one.
- Are contracts, leases, waivers and acknowledgments fine?
- Yes. They are the ordinary case the ESIGN Act and state UETA laws were written for.
- Does Signathing block me from sending an excluded document?
- No. Signathing is a signing service and does not review what you send. The list above is for you to check against before sending.
General information, not legal advice. Laws change and their application depends on the specific facts. Consult a licensed attorney in your state about your own documents.
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