A BILL to amend and reenact §§ 32.1-291.7, 54.1-2982, 54.1-2983, 54.1-2984, 59.1-481, 64.2-100, 64.2-403, 64.2-404, 64.2-407, and 64.2-450 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 4 of Title 64.2 an article numbered 7, consisting of sections numbered 64.2-459 through 64.2-468, relating to electronic execution of estate planning documents; Uniform Electronic Wills Act.
HB133 is a House substitute bill that would modernize Virginia law to allow electronic execution of certain estate-planning documents, primarily by adopting the Uniform Electronic Wills Act. The bill creates a new article in Title 64.2 governing electronic wills and sets out how they may be signed, witnessed, notarized, revoked, and admitted to probate. It also defines key terms such as “electronic,” “record,” “sign,” and “electronic presence,” and provides that electronic wills are valid in Virginia if they comply with the act or, in some cases, the law of the jurisdiction where the testator was located or domiciled when the will was signed.
In addition to electronic wills, the bill updates related statutes to align Virginia law with electronic estate planning and health-care records. It amends provisions governing advance directives, anatomical gifts, and the electronic records law so that advance medical directives may be made in a writing or other record, signed electronically, notarized electronically, and stored in the Advance Health Care Directive Registry. It also revises definitions in probate and estate law to recognize electronic wills and certified paper copies of electronic wills, and it clarifies that the general electronic transactions law does not govern wills and testamentary trusts because those matters are handled by the new article.
The bill’s practical impact would be to expand the ways Virginians can create and prove wills and related directives, including remote or digital execution with electronic witnesses and electronic notaries. It would affect testators, estate planners, probate courts, clerks, notaries, witnesses, health care providers, and families handling end-of-life planning. The bill also includes a transitional rule making the new electronic-will provisions applicable to decedents dying on or after July 1, 2026.
The general sentiment reflected in the available history is negative, because the bill failed to report from the House Courts of Justice Committee by a 6-8 vote with one abstention. No committee transcript was provided, so there is no recorded discussion to indicate support or opposition arguments in detail. The vote outcome suggests that while the bill likely had some support for modernization and convenience, a majority of the committee was not persuaded to advance it.
The main point of contention appears to have been whether Virginia should formally authorize electronic wills and related electronic estate-planning procedures. Likely concerns include fraud prevention, authentication, the reliability of remote witnessing and electronic notarization, and whether the probate system should accept digital execution methods for such important documents. Supporters would likely have emphasized access, convenience, and uniformity with other states, while opponents appear to have prevailed in committee and blocked the bill from moving forward.
HB133 would substantially revise Virginia probate, estate, and advance-directive law by creating a new statutory framework for electronic wills and by conforming related provisions to electronic execution and electronic notarization. It would amend Title 64.2 to recognize electronic wills as valid wills, establish execution and revocation rules, permit certified paper copies for probate, and update definitions and cross-references in existing wills and probate statutes. It would also amend health-care directive and anatomical-gift statutes to allow electronic records and signatures in those contexts, while carving wills and testamentary trusts out of the general electronic transactions chapter.
The bill appears to have had limited support and significant resistance. Its last action was a failure to report from the House Courts of Justice Committee by a 6-8 vote with one abstention, indicating that a majority of the committee opposed advancing it. Because no committee transcript or floor debate is available, the record does not show detailed arguments, but the vote outcome suggests the committee was not ready to adopt electronic wills and related reforms at this time.
The central contention is whether Virginia should permit electronic execution of wills and related estate-planning documents. Supporters would likely view the bill as a modernization measure that improves access, convenience, and consistency with the Uniform Electronic Wills Act, especially for people who cannot easily meet in person. Opponents likely worried about fraud, undue influence, identity verification, remote witnessing, and the reliability of electronic notarization and probate procedures. The committee vote indicates those concerns outweighed the modernization arguments for most members.