Pennsylvania SB 1138: An Act amending Title 20 (Decedents, Estates and Fiduciaries) of the Pennsylvania Consolidated Statutes, adopting Uniform Acts: in short title and definitions, further providing for definitions; in wills, further providing for validity of execution and for revocation of a will; providing for electronic wills; in dispositions independent of letters, family exemption, probate of wills and grant of letters, further providing for self-proved wills; providing for uniform electronic estate planning documents; and making conforming changes.

Bill Text

PRINTER'S NO. 1375
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1138
Session of
2026
INTRODUCED BY BAKER, HAYWOOD, ROTHMAN, J. WARD, SCHWANK,
STEFANO, VOGEL, COSTA, BARTOLOTTA AND CAPPELLETTI,
JANUARY 9, 2026
REFERRED TO JUDICIARY, JANUARY 9, 2026
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, adopting Uniform Acts: in
short title and definitions, further providing for
definitions; in wills, further providing for validity of
execution and for revocation of a will; providing for
electronic wills; in dispositions independent of letters,
family exemption, probate of wills and grant of letters,
further providing for self-proved wills; providing for
uniform electronic estate planning documents; and making
conforming changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "will" in section 102 of Title
20 of the Pennsylvania Consolidated Statutes is amended and the
section is amended by adding a definition to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
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"Will." Means a written will, codicil or other testamentary
writing[.], including an electronic will as provided in Chapter
26 (relating to electronic wills).
"Writing." Includes a record readable as text under Chapters
26 and 40 (relating to uniform electronic estate planning
documents).
Section 2. Sections 2504.1 and 2505 of Title 20 are amended
to read:
§ 2504.1. Validity of execution.
A will is validly executed if executed in compliance with
section 2502 (relating to form and execution of a will) or 2605
(relating to execution of electronic will), or in compliance
with the law of the jurisdiction where the testator was
domiciled at the time of the execution of the will or at the
time of his death.
§ 2505. Revocation of a will.
[No] Except as otherwise provided in section 2606 (relating
to electronic revocation), no will or codicil in writing, or any
part thereof, can be revoked or altered otherwise than:
(1) Will or codicil.--By some other will or codicil in
writing;
(2) Other writing.--By some other writing declaring the
same, executed and proved in the manner required of wills[;],
provided that any revocation by electronic means under this
paragraph shall comply with the execution requirements of an
electronic will under section 2605(a) (relating to execution
of electronic will); or
(3) Act to the document.--By being burnt, torn,
canceled, obliterated, or destroyed, with the intent and for
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the purpose of revocation, by the testator himself or by
another person in his presence, as defined in section 2602
(relating to definitions), and by his express direction. If
such act is done by any person other than the testator, the
direction of the testator must be proved by the oaths or
affirmations of two competent witnesses.
Section 3. Title 20 is amended by adding a chapter to read:
CHAPTER 26
ELECTRONIC WILLS
Sec.
2601. Short title of chapter.
2602. Definitions.
2603. Law applicable to electronic will; principles of equity.
2604. Choice of law regarding execution.
2605. Execution of electronic will.
2606. Electronic revocation.
2607. Electronic will attested and made self-proving at time of
execution.
2608. Certification of paper copy.
2609. Transitional provision.
§ 2601. Short title of chapter.
This chapter shall be known and may be cited as the Uniform
Electronic Wills Act.
§ 2602. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Electronic." Relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic or similar
capabilities.
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"Electronic will." A will executed by electronic means, in
whole or in part, in compliance with section 2605(a) (relating
to execution of electronic will).
"Information." The term includes data, text, images, codes,
computer programs, software and databases.
"Observe" or "observing." To perceive another's actions or
expressions of intent through the senses of eyesight and
hearing. The term includes perceptions involving the use of
technology or learned skills to:
(1) assist the person's capabilities of eyesight or
hearing, or both; or
(2) compensate for an impairment of the person's
capabilities of eyesight or hearing, or both.
"Presence" or "in the presence of." The term means:
(1) the parties:
(i) are dire