April 17, 2025

Pennsylvania wills are subject to the requirements of Pennsylvania Title 20 Chapter 25, which provides that wills must be signed by the testator at the end, subject to a few rules and exceptions. 20 Pa.C.S. § 2502. Pennsylvania statutory law is silent on whether an electronically-signed will is valid.

To date, nine (9) states have enacted and another four (4) states have introduced the Uniform Law Commission’s Uniform Electronic Wills Act (UEWA), which allows for the execution of electronic wills, or “e-wills.” Pennsylvania is not among the states that have enacted or introduced this legislation.

In recent years, Pennsylvania orphans’ courts have issued conflicting decisions regarding the validity of electronically-signed wills. In 2022, the Lancaster County Orphan’s Court refused to probate an electronically-signed will. Because the nursing home where the testator lived did not allow visitors due to the COVID-19 pandemic, the attorney who prepared the will held a video conference for the execution and witnessing of the will. Even though the testator signed her will during the video conference using software that met the Department of State’s requirements to serve as a secure electronic method for affixing a digital signature, the court deemed the will invalid when it was submitted for probate upon the testator’s death. An heir of the testator appealed the orphan court’s ruling in In re Est. of Kittler, 2023 PA Super 180, 303 A.3d 463, but the appellate court affirmed the lower court’s ruling and agreed with its reasoning:

The Decedent’s Purported Will bears her name in script writing near the end of the document. However, this script writing is an image which is sometimes referred to as a “digital signature” that was placed upon the document electronically through the DocVerify software. The Decedent never put ink to the copy of the Purported Will offered for probate. The [orphans’ c]ourt will not exceed its authority by expanding the statutory requirement that a will must be signed at the end to encompass the placement of an image towards the end of the document in lieu of the testator’s manual signature on the document.

Id. at 470 (emphasis added). The Lancaster County Orphan’s Court has refused in other cases to probate electronically-signed wills. See e.g., Estate of Nadim R. Baker, No. 36-20-0446 (Lancaster O.C. 2021).

In Cumberland County, in substantially similar circumstances as in the Kittler case, the orphan’s court ruled that an electronically-signed will was valid in In Re Estate of Joyce A. Waltman, 21-21-0045 (Cumberland O.C. 2021), explaining

The remote ceremony served the same evidentiary functions as much as an in-person ceremony. The use of webcams provides an opportunity to photograph the decedent and witnesses as well as recording the entire transactions. The specialized state approved software required to be used in [Electronic/Remote Notarization (RON)], provides security technology beyond anything existing in hard copy wills.
….
As an alternative to using RON during the Covid restrictions, [D]ecedent could have signed her will without witnesses or a notary and it would have been acceptable for probate. Admitting such a document with little proof as to its veracity, while refusing an e-will executed with formality and an abundance of safeguards would be absurd, unreasonable, and against legislative intent.

Id. at 12 (emphasis added).

Given these discrepancies among Pennsylvania courts regarding e-wills, it is advisable to sign your last will and testament with a handwritten signature made with ink, or a “wet signature.” What distinguishes a will from another type of document is that the person signing the will is deceased when a probate court must determine whether the will is authentic. A “wet signature” can be an indicium of authenticity.

If you are located in White Oak, PA or a neighboring area and need a will and/or other estate documents, such as a power of attorney or trust, I can help you. Please call me or fill out the online form to set up a consultation.