Bill > S1336

Introduced Session

This bill authorizes electronic wills. Section 1. This section provides that the bill shall be known and may be cited as the "Uniform Electronic Wills Act." Section 2. This section includes definitions applicable to the bill. An "electronic will" is a will executed electronically in accordance with the provisions of the bill. "Electronic" is defined as relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. "Sign" means, with present intent to authenticate or adopt a record, (1) to execute or adopt a tangible symbol; or (2) to affix to or logically associate with the record an electronic symbol or process. "Will" includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. Section 3. The section provides that an electronic will is a will for all purposes of the law of this State, and that the law of this State applicable to wills and principles of equity apply to an electronic will, except as modified by the bill. Section 4. A will executed electronically but not in compliance with the provisions of subsection a. of section 5 of the bill (summarized below) is deemed an electronic will if executed in compliance with the law of the jurisdiction where the testator is physically located when the will is signed, or where the testator is domiciled or resides when the will is signed or when the testator dies. Subsection a. of section 5. Subject to the signature requirements in section 7 of the bill, an electronic will is required to be a record that is readable as text at the time of signing. The electronic will is to be signed by the testator, or signed by another individual in the testator's name, in the physical or electronic presence of the testator and by the testator's direction. In addition, the electronic will is to either be: (1) signed by at least two individuals, each of whom signed within a reasonable time after witnessing the signing of the will, or witnessing the testator's acknowledgment of the signature or acknowledgment of the will; or (2) acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments. The bill does not allow remote witnesses to the execution of an electronic will; the witnesses are required to be in the physical presence of the testator. Subsection b. of section 5. The intent of a testator that a record be the testator's electronic will may be established by extrinsic evidence. Section 6. An electronic will may revoke all or part of a previous will. All or part of an electronic will is revoked by: (1) a subsequent will that revokes all or part of the electronic will expressly or by inconsistency; or (2) a physical act, if it is established by a preponderance of the evidence that the testator, with the intent of revoking all or part of the will, performed the act or directed another individual who performed the act in the testator's physical presence. Section 7: This section provides that an electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses. The acknowledgment and affidavits are to be: (1) made before an officer authorized to administer oaths under law of the state in which execution occurs; and (2) evidenced by the officer's certificate under official seal affixed to or logically associated with the electronic will. Section 7 also sets out forms for the acknowledgment and affidavits. In addition, section 7 provides that a signature physically or electronically affixed to an affidavit that is affixed to or logically associated with an electronic will is deemed a signature of the electronic will. Section 8. This section provides that an individual may create a certified paper copy of an electronic will by affirming under penalty of law that a paper copy is a complete, true, and accurate copy. If the electronic will is made self-proving, the certified paper copy of the will is to include the self-proving affidavits. Section 9. This section provides that a self-proving electronic will also shall contain the electronic signature and electronic seal of a notary public placed on the will in accordance with applicable law; designate a custodian to maintain custody of the electronic will; and be under the exclusive control of a custodian at all times prior to being offered for probate or being reduced to a certified paper copy pursuant to the bill. The term "custodian" is defined as any person designated by the testator to maintain custody of the electronic will. Section 10. The bill would take effect immediately and be applicable to the will of a decedent who dies on or after the effective date. Background. The Uniform Electronic Wills Act was issued by the Uniform Law Commission in 2019. The commission also is known as the National Conference of Commissioners on Uniform State Laws.

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Joe Pennacchio (R)*,  Brian Stack (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/13/2026)

Official Document