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Can I e-sign this?

Pick the kind of document you have and see whether US federal e-signature law generally lets you sign it electronically, and what to do if it doesn't.

Most business paperwork is fine to e-sign. The federal ESIGN Act carves out a short list, mostly wills, family law, court papers, some notes and a handful of notices sent to people about their home, utilities, insurance or safety. This checker covers that federal list. It doesn't know your state's rules, so treat every answer as a starting point.

What kind of document is it?

Every document type is in the table below.

Which documents does the ESIGN Act leave out?

Wills, family-law matters, court papers, most of the Uniform Commercial Code and a few kinds of notice are outside the federal rule. Here is every document type the checker knows about, with the part of the law it comes from.

US federal ESIGN Act, by document type. State law can differ.
DocumentE-signature under ESIGNWhat to doWhere in the law
Business contract, NDA, quote or purchase orderGenerally yes Generally yes. Everyday business contracts aren't on the ESIGN exception list, so the federal rule applies: a signature can't be refused just because it's electronic. Sales and leases of goods (UCC Articles 2 and 2A) stay covered too.Send it for e-signature as normal. Keep the signed copy and a record of who signed and when.Not listed in 15 U.S.C. § 7003; § 7003(a)(3) keeps UCC Articles 2 and 2A covered
Offer letter or independent contractor agreementGenerally yes Generally yes. Offer letters and contractor agreements aren't among the federal exceptions.Send it for e-signature. If a state law sets extra rules for a particular hiring form, follow those.Not listed in 15 U.S.C. § 7003
Residential or commercial leaseGenerally yes Generally yes. A lease is a contract, and leases aren't on the exception list. The exception that touches rentals is about certain notices sent later, such as an eviction notice for someone's home.E-sign the lease. Treat any eviction, default or right-to-cure notice for a tenant's primary residence separately (see that entry).Not listed in 15 U.S.C. § 7003
Real estate purchase agreement or deedOnly with extra steps The purchase agreement, generally yes: real estate contracts aren't federal exceptions. A deed is different because it's headed for the public record, and ESIGN leaves notary, witness and recording rules in place.E-sign the purchase agreement. Before e-signing a deed, ask the county recorder or your title company what they accept.Not listed in 15 U.S.C. § 7003; recording rules come from state and local law
Will, codicil or testamentary trustNot under ESIGN No, not under ESIGN. The federal law doesn't apply to rules on the creation and execution of wills, codicils or testamentary trusts. Some states have separate electronic will laws with their own steps; Florida's, for example, involves a notary when witnesses attend remotely.Don't use an ordinary e-sign app. Follow your state's will-signing rules, which usually means a lawyer, witnesses, a notary, or all three.15 U.S.C. § 7003(a)(1)
Adoption, divorce or other family-law papersNot under ESIGN No, not under ESIGN. It excludes state rules governing adoption, divorce and other matters of family law. Whether you can sign electronically depends on your state's family-law rules.Check your state's family-law rules. If a case is open, the court's own filing rules decide how papers are signed.15 U.S.C. § 7003(a)(2)
Court order, filing, brief or pleadingNot under ESIGN No, not under ESIGN. Court orders, notices and official court documents required in court proceedings, including briefs and pleadings, are excluded.Follow the court's rules. Courts that take electronic filing set their own rules for how filings are signed.15 U.S.C. § 7003(b)(1)
Utility shutoff notice (water, heat, power)Not under ESIGN No, not under ESIGN. Notices cancelling or ending utility services, including water, heat and power, are excluded.Check the law or regulation that requires the notice and send it the way that rule says. Don't rely on ESIGN to make an emailed notice count.15 U.S.C. § 7003(b)(2)(A)
Eviction, foreclosure, default or repossession notice for a homeNot under ESIGN No, not under ESIGN. Notices of default, acceleration, repossession, foreclosure, eviction or the right to cure are excluded when they fall under a credit agreement secured by, or a rental agreement for, someone's primary residence.Check the landlord-tenant or foreclosure law that requires the notice, and deliver it the way that law says.15 U.S.C. § 7003(b)(2)(B)
Health insurance or life insurance cancellation noticeNot under ESIGN No, not under ESIGN. Notices cancelling or ending health insurance or benefits, or life insurance benefits, are excluded. Annuities are left out of this exception, so ESIGN can still apply to them.Check the insurance law or regulation that requires the notice and follow its delivery rules.15 U.S.C. § 7003(b)(2)(C)
Product recall or safety noticeNot under ESIGN No, not under ESIGN. Notices of a product recall, or of a product's material failure, are excluded when the problem risks endangering health or safety.Follow the rules that require the recall or safety notice, including how it has to reach people.15 U.S.C. § 7003(b)(2)(D)
Papers that travel with hazardous materialsNot under ESIGN No, not under ESIGN. Any document required to accompany the transportation or handling of hazardous materials, pesticides or other toxic or dangerous materials is excluded.Use the format the hazardous-materials rules for your shipment require.15 U.S.C. § 7003(b)(3)
Promissory note or other negotiable instrumentOnly with extra steps Usually not under ESIGN. Negotiable instruments fall under UCC Article 3, which ESIGN excludes. There is a federal path for electronic notes tied to loans secured by real property (called transferable records); other notes depend on state law.If the note isn't for a real-estate-secured loan, ask a lawyer how notes can be signed in your state before you e-sign one.15 U.S.C. § 7003(a)(3); transferable records in 15 U.S.C. § 7021
Document that has to be notarizedOnly with extra steps Only through a notary. Notarization isn't on the exception list, and ESIGN lets a notary's electronic signature meet a notarization requirement. The notary still has to follow their state's notary law, and a signature in a regular e-sign app is not a notarization.Use a notary who is allowed to notarize electronically in your state, or notarize on paper.15 U.S.C. § 7001(g); not listed in § 7003
Power of attorneyOnly with extra steps Don't push it through an ordinary e-sign app. A power of attorney isn't on the federal exception list, but ESIGN only covers business, consumer or commercial transactions, and state law often adds witnesses and a notary. Florida, for example, requires two witnesses and a notary.Follow your state's power-of-attorney law, which usually means a lawyer, a notary, or both.15 U.S.C. § 7006 (definition of transaction); state power-of-attorney law

Check your state's rules too. States have their own e-signature laws with their own exceptions, and the law that requires a document or notice can set its own signing or delivery rules.

For the reasoning behind each row, read which documents can't be signed electronically in the US. If you use SignWren, this help article explains the warning it shows when a document looks like one of these.

What is this checker, and what isn't it?

It's a free lookup table made by SignWren, an e-signature app for small businesses. It isn't a lawyer and it doesn't read your document. A "generally yes" answer means the federal exception list doesn't apply, not that your particular document is valid, and SignWren can't notarize anything.

Sources

  1. 15 U.S. Code § 7003 - Specific exceptions
  2. 15 U.S. Code § 7001 - General rule of validity
  3. 15 U.S. Code § 7006 - Definitions
  4. 15 U.S. Code § 7021 - Transferable records
  5. Florida Statutes 732.522 - Method and place of execution (wills)
  6. Florida Statutes 709.2105 - Execution of power of attorney
  7. Which Documents Can't Be Signed Electronically in the US? (SignWren guide)
  8. Why does SignWren warn that a document may not be valid? (SignWren help)

Federal statute text checked on law.cornell.edu in October 2026. This is general information, not legal advice. For a specific document, talk to a lawyer licensed where you are.

Questions about e-signing these documents

Does "not under ESIGN" mean the document has to be signed in ink?

Not always. It means the federal e-signature law doesn't do the work for you, so some other law decides how the document is signed or delivered. Sometimes that other law allows electronic signing anyway, as some states now do for wills.

Where does this list come from?

From the federal ESIGN Act, mainly the exceptions in 15 U.S.C. section 7003, plus the notarization rule in section 7001 and the transferable records rule in section 7021. It covers federal law only. Your state has its own e-signature law with its own list.

Does this tool send my answers anywhere?

No. The whole list is part of the page, and picking a document type just shows the matching entry. Nothing you choose is sent to SignWren or anyone else, and this page loads no analytics.

Other free tools: the signature generator and sign a PDF.

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Create an account on the SignWren app. The Free plan is for occasional signing and needs no card, and the people you send documents to never need an account at all.

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