8 Things E-Signatures Typically Do Not Include (And What They Do)
If you searched "8 e signatures typically do not include," you're probably holding a document right now and wondering whether clicking that sign button is safe. That caution is smart. E-signatures are legally binding for most business and personal documents in the US, but they aren't universal. Some documents still require wet ink, a notary, or a paper copy, and signing the wrong one electronically can leave you with an unenforceable agreement.
The honest answer is that e-signatures don't include several things many people assume they do. This guide covers the 8 specific exclusions under ESIGN and UETA, what e-signatures actually do include, and a practical checklist so you can tell in under a minute whether your document is safe to sign electronically. Platforms like LoreSign handle the compliant part automatically, but you still need to know where the legal lines are.
| At a glance | Details |
|---|---|
| Legal basis | ESIGN Act and UETA govern validity |
| Main exclusions | Wills, divorce, court orders, some notices |
| Validity requires | Intent, consent, record, association |
| State variations | Some states restrict additional document types |
| What it includes | Most contracts, agreements, and forms |
| Audit trail | Certificate of completion and signer tracking |
In This Guide
- What Are E-Signatures? A Quick Definition
- E-Signable vs. Typically Not E-Signable Documents
- The 8 Things E-Signatures Typically Do Not Include
- 8 E Signatures Typically Do Not Include: A Step-by-Step Guide
- What E-Signatures DO Include (The Flip Side)
- Four Requirements for a Valid Electronic Signature
- Documents You Cannot Sign Electronically: A Checklist
- Common Mistakes When Using E-Signatures
- How to E-Sign a Document the Right Way
- What E-Signatures Typically Do Not Include: The Bottom Line
What Are E-Signatures? A Quick Definition
An e-signature is an electronic sound, symbol, or process attached to a record that shows a person's intent to sign it. That's the short version. The legal version matters more, because it determines whether your signature holds up in court.
The legal definition under ESIGN and UETA
Two laws govern e-signatures in the United States: the ESIGN Act (federal) and UETA (state-level, adopted in 47 states, Washington D.C., and the U.S. Virgin Islands). Both define an e-signature as an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
The key word is intent. You don't need a fancy cryptographic key or a stylized image of your handwriting. Typing your name, clicking an "I agree" button, or drawing your signature on a touchscreen all count, as long as you meant to sign.
How e-signatures differ from digital signatures
People use the two terms interchangeably. They're not the same thing.
An e-signature is the legal act of signing. A digital signature is a specific technology: a cryptographic mechanism that verifies the signer's identity and detects whether the document changed after signing. Think of it as the difference between signing a paper contract and having a notary stamp it with a tamper-evident seal.
In practice, most e-signature platforms use digital signature technology under the hood. You sign electronically, and the platform applies encryption to lock the document and create an audit trail. You get both layers without needing to understand the cryptography.
The ESIGN Act and UETA do not make e-signatures invalid for most documents, but they do exclude certain categories like wills, divorce decrees, and court orders. State laws may add further restrictions, so always verify your specific document type.
E-Signable vs. Typically Not E-Signable Documents
| Factor | Typically E-Signable | Typically Not E-Signable |
|---|---|---|
| Document type | Contracts, NDAs, offer letters | Wills, codicils, trusts |
| Family law | Prenuptial agreements (varies) | Divorce decrees, adoption papers |
| Court matters | Settlement agreements (varies) | Court orders, subpoenas |
| Government notices | Some agency forms | Eviction notices, utility shut-offs |
| State restrictions | Most states follow ESIGN/UETA | Some states restrict additional types |
The 8 Things E-Signatures Typically Do Not Include
E-signatures do not include wet ink signatures, automatic notarization, or coverage for certain excluded documents like wills, court orders, adoption papers, and some eviction notices. State and federal law carve out specific categories where electronic signatures either don't apply or require additional steps.
Here's the full list, with the legal context for each.
1. Wet ink or physical signatures
An e-signature is not a wet ink signature. It doesn't produce a physical mark on paper, and it can't replace situations where a law, a court, or a counterparty specifically demands one. Some institutions still require wet ink for their own internal policies, even when the law would permit an e-signature. If someone asks for a "wet signature," they mean pen on paper. No e-signature platform changes that.
2. Automatic notarization
E-signatures don't include notarization by default. A notary must verify your identity, witness the signing, and apply their own seal. Some states now allow remote online notarization (RON), where the notary watches you sign over video and applies an electronic seal. But that's a separate process from a standard e-signature. You can't assume an e-signature carries notarial weight just because it happened on a platform.
3. Wills and testamentary documents
Most states exclude wills, codicils, and testamentary trusts from e-signature coverage under UETA. The concern is fraud and undue influence: a will takes effect after you're gone, so courts want the strongest possible evidence of authenticity and intent. That means wet ink, witnesses, and often notarization. Don't e-sign a will. If you need to update one, see an estate attorney.
4. Court orders and certain legal filings
Court orders, judgments, and some pleadings still require wet ink or specific filing procedures. Many courts have moved to electronic filing systems, but those are court-managed portals, not general e-signature platforms. The e-signature laws don't override a court's own rules. Check the local court's requirements before assuming you can e-sign a filing.
5. Adoption and divorce documents
Adoption papers and divorce decrees are excluded from e-signature coverage in many states. These documents involve family law proceedings where courts exercise close oversight. The state wants a clear, physical record of consent and acknowledgment. Some states allow e-signatures on certain family law forms, but the default is wet ink. Verify your state's rules before signing.
6. Eviction notices in some states
Eviction notices are a patchwork. Some states allow electronic delivery and e-signatures on eviction notices. Others require personal service or physical posting. The ESIGN Act doesn't preempt state landlord-tenant laws, so the answer depends entirely on where the property sits. If you're a landlord, check your state's specific statute. If you're a tenant, know that an e-signed eviction notice may not be valid in your state.
7. Hazardous material transport documents
Federal regulations require physical signatures on certain hazardous material shipping papers. The Department of Transportation has been slow to adopt e-signatures for hazmat documents because of safety and liability concerns. If you're shipping hazardous materials, assume wet ink until your carrier or regulator tells you otherwise.
8. Certain consumer disclosures requiring paper
Some consumer protection laws require paper disclosures even when the underlying transaction is electronic. The most cited examples are certain Truth in Lending Act disclosures, some insurance notices, and specific health care documents. The rule isn't universal: many disclosures can be delivered electronically if the consumer consents. But when a statute says "in writing" and courts have interpreted that to mean paper, an e-signature won't save you.
Before sending a document for e-signature, check if your platform automatically attaches a certificate of completion and audit trail, this is your proof of validity if the signature is ever challenged.
8 E Signatures Typically Do Not Include: A Step-by-Step Guide
- Confirm your document type is not on the exclusion list (wills, divorce, court orders, certain notices).
- Check your state's specific e-signature rules if the document involves family law, real estate, or government benefits.
- Choose a reputable e-signature platform that provides an audit trail and certificate of completion.
- Upload your PDF, place the signing fields, and send one secure link to each signer.
- Ensure all parties consent to electronic signing before they sign.
- Review the completed document and download the signed PDF with its certificate of completion.
- Store the final signed copy and audit trail securely for your records.
What E-Signatures DO Include (The Flip Side)
The exclusions list makes e-signatures sound narrow. They're not. For the vast majority of everyday agreements, an e-signature carries the same legal weight as pen on paper. The ESIGN Act and UETA were written to make that true, and they spell out exactly what a valid e-signature must include. Here's what's actually in one.
Intent to sign
An e-signature must show that you meant to sign. That sounds obvious, but it's the legal foundation. Clicking "I agree," typing your name, drawing a signature with a mouse, or uploading an image of your signature all count, as long as the action is tied to the document. The platform records that action as evidence of intent. Without intent, there's no signature, electronic or otherwise.
Consent to do business electronically
You have to agree to use electronic records before the e-signature is valid. Most platforms handle this with a consent checkbox or a clickwrap agreement before you ever see the document. The law requires that consent be reasonably demonstrated, not assumed. If you never consented and someone e-signs a document on your behalf, that signature won't hold up.
Attribution to the signer
The signature must be linked to you. E-signature platforms do this through email verification, IP address logging, and sometimes SMS codes or knowledge-based questions. The point is to create a trail showing that the person who signed is the person who was supposed to sign. Attribution is what makes an e-signature enforceable in court.
Record retention and audit trails
A valid e-signature includes the record of the transaction. That means the signed document, the time and date of signing, the IP address, the email address used, and the sequence of events. This audit trail is what separates an e-signature from a scanned image of a wet signature. The scanned image proves nothing about who signed or when. The audit trail does.
Document integrity protections
Once signed, the document can't be altered without detection. E-signature platforms apply a tamper-evident seal, usually a cryptographic hash, that breaks if someone edits the PDF after signing. That's the mechanism that keeps the signed version identical to what everyone agreed to. If a dispute arises, the integrity check shows whether the document changed.
Four Requirements for a Valid Electronic Signature
The previous section listed what e-signatures include. Those inclusions map to four legal requirements. If any one is missing, the signature can be challenged. Here's the test.
1. Intent to sign
The signer must take a deliberate action that shows they meant to sign. Typing a name, clicking an "I agree" button, or drawing a signature all qualify. The key is that the action is tied to the specific document, not a generic checkbox buried in unrelated fine print. A court will look at whether a reasonable person would understand they were signing that document.
2. Consent to do business electronically
The signer must agree to use electronic records before signing. This can't be assumed. Most platforms handle it with a consent checkbox or a clickwrap prompt before the document opens. If consent was never given, the e-signature doesn't meet the legal bar, even if the signature itself looks legitimate.
3. Association of signature with the record
The signature must be attached to or logically associated with the document. A standalone signature image floating in an email doesn't count. The e-signature has to be embedded in the record so that the two can't be separated. Platforms do this by binding the signature data to the PDF or document file itself.
4. Record retention
The signed record must be capable of being retained and accurately reproduced by all parties. That means the signer needs access to a copy they can save or print. It also means the record can't be locked inside a proprietary system that the signer can't retrieve later. If the platform disappears and the signer has no copy, retention fails.
These four requirements come from ESIGN and UETA, and they're cumulative. Miss one and the signature is vulnerable. Most reputable e-signature platforms build all four into their workflow by default, which is why the burden usually falls on the platform, not the signer.
Documents You Cannot Sign Electronically: A Checklist
The numbered list above gives you the legal context. This checklist turns it into a quick reference. Before you e-sign anything, run it through these three buckets.
Documents that almost always require wet ink
Wills and testamentary trusts. Court orders and most court filings. Adoption papers and divorce decrees. Hazardous material transport documents. These are excluded under ESIGN and UETA, and no e-signature platform can change that. If your document falls here, print it and sign with a pen.
Documents that vary by state
Eviction notices. Some consumer disclosures, especially those tied to utilities or insurance cancellations. A handful of states also restrict e-signatures on certain real estate documents. The rule: check your state's version of UETA before you assume. When in doubt, ask the party requesting the signature whether they accept electronic execution.
Documents that are generally safe to e-sign
Most contracts, NDAs, offer letters, sales agreements, invoices, and standard business forms. The ESIGN Act covers these broadly. If the document doesn't appear in the first two buckets and both parties consent to electronic records, you're on solid ground. Platforms like LoreSign handle the consent prompt, signature binding, and record retention automatically, so the four requirements from the previous section are met without extra work on your end.
The honest answer is that most everyday documents are e-signable. The exceptions are narrow but real. When a document sits in a gray area, wet ink costs you a few minutes and removes the risk.
Common Mistakes When Using E-Signatures
The checklist tells you which documents are safe. The mistakes below are what trip people up even when the document is fine. Most of these are procedural, not legal, and they're easy to avoid once you know what to look for.
Assuming all documents are e-signable
The biggest error is treating e-signature as a universal default. It's not. Wills, court orders, adoption papers, and hazardous material transport documents are excluded under ESIGN and UETA, and no platform can override that. Before you send anything, check the document type against the checklist in the previous section. If it sits in a gray area, ask the requesting party directly. A two-minute phone call beats an unenforceable signature.
Skipping the consent step
Consent to do business electronically is a legal requirement, not a formality. Some platforms bury it in a checkbox that people click without reading. Don't. If the other party later claims they never agreed to electronic records, that consent record is what protects you. Make sure the platform you use captures consent explicitly and stores it with the signed document.
Not retaining the signed record
You signed it. Now where is it? If you can't produce the completed document with its audit trail, you've lost the evidentiary value. Download the signed PDF and the certificate of completion. Store both somewhere you can find them in two years. Platforms like LoreSign deliver the completed document automatically once everyone signs, but you still need to save it locally or in your own storage.
Using e-signatures for excluded documents
This one sounds obvious, but it happens. Someone e-signs a will or a divorce decree because the platform let them. The signature is void, and the document may need to be redone from scratch. When a document is excluded, wet ink is the only option. No workaround.
How to E-Sign a Document the Right Way
You've checked the document type. You've avoided the common mistakes. Now here's the actual signing process, step by step.
Step 1: Verify the document is e-signable
Before you upload anything, confirm the document type isn't on the excluded list. Wills, court orders, adoption papers, and hazardous material transport documents need wet ink. If you're unsure, ask the sender. Don't assume the platform will catch it for you. Most platforms won't.
Step 2: Confirm consent and intent
When the document arrives, you'll typically see a consent prompt: a checkbox or a "click to agree" button. That's your consent to do business electronically. Read it. Then sign with intent. A typed name, a drawn signature, or a click on "I agree" all count as intent under ESIGN and UETA. The key is that you're doing it deliberately, not accidentally.
Step 3: Sign and retain the record
Sign, then download the completed PDF and the certificate of completion. Store both. Platforms like LoreSign track every signer and deliver the completed document automatically once everyone has signed, but the retention is on you. Keep the signed copy somewhere you can find it in two years. If a dispute comes up, that record is your evidence.
What E-Signatures Typically Do Not Include: The Bottom Line
8 e signatures typically do not include wet ink, automatic notarization, or coverage for excluded documents like wills, court orders, adoption papers, and some eviction notices. The exclusions are narrow, but they're real, and signing the wrong document electronically can leave you with an unenforceable agreement. Check the document type, confirm consent, sign with intent, and keep the record. If the document sits in a gray area, wet ink costs a few minutes and removes the risk.
Frequently Asked Questions
What documents cannot be electronically signed?
Documents that typically cannot be e-signed include wills, codicils, trusts, divorce decrees, adoption papers, court orders, and certain government notices like eviction or utility shut-off notices. Some states also restrict additional document types. Always check your state's specific rules.
What are the four requirements for an electronic signature to be valid?
Under the ESIGN Act, an e-signature is valid if: (1) the signer intends to sign, (2) the signer consents to electronic records, (3) the record is retained and reproducible, and (4) the signature is associated with the record. These four elements ensure the signature is legally binding.
What agreements cannot be signed electronically?
Agreements that cannot be e-signed typically include those governed by specific state laws that exclude them, such as certain family law agreements, wills, and court-related documents. However, most business contracts, NDAs, and offer letters can be e-signed.
What must be included in an electronic signature?
An electronic signature must include the signer's intent to sign, their consent to do business electronically, a reproducible record of the signature, and a clear association between the signature and the document. Many platforms also include an audit trail and certificate of completion.
Are e-signatures legally binding in California?
Yes, California follows the UETA and the federal ESIGN Act, making e-signatures legally binding for most documents. However, California has specific exclusions like wills, divorce papers, and certain court documents. Always verify your document type.
Can e-signatures be used for real estate contracts?
Yes, most real estate contracts can be e-signed, but some states require specific disclosures or notarization. Check your state's rules and ensure your platform supports the required features.
Do e-signatures include a digital certificate?
Not always. A basic e-signature may not include a digital certificate, but many platforms provide a certificate of completion and audit trail as part of the signing process. This adds an extra layer of verification.
About LoreSign
LoreSign helps For people looking to get documents and contracts signed. get this right. Track every signer and receive the completed document automatically. Whether you are working through 8 e signatures typically do not include or something adjacent, we publish what we have actually tested, including where it falls short.
