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Bill

HB 133

Electronic execution of estate planning documents; codifies Uniform Electronic Wills Act.

2026 Regular Session Introduced by Marcus Simon

Virginia legalizes electronically-signed wills with digital authentication, modernizing estate planning but requiring courts to verify digital document authenticity and prevent fraud.

Referred to Committee for Courts of Justice
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Bill Summary · HB 133

Legislative bill overview

HB 133 codifies Virginia's adoption of the Uniform Electronic Wills Act, allowing estate planning documents—primarily wills—to be executed electronically with digital signatures rather than requiring traditional ink signatures and physical witnesses. The bill has passed the House with unanimous support and is now in committee review for constitutional alignment.

Why is this important

As more individuals conduct financial and legal affairs digitally, electronic wills reduce barriers to estate planning access and can lower costs for citizens. However, this represents a significant shift in how Virginia validates one of the most legally consequential documents a person creates, with implications for probate courts, document authenticity verification, and potential fraud prevention mechanisms.

Potential points of contention

  • Authentication and fraud prevention: Electronic signatures lack the physical safeguards of in-person execution; disputes may arise over whether digital authentication methods adequately prevent forgery or coercion
  • Witness and notarization requirements: The bill may reduce or eliminate traditional witness requirements, creating concerns about testator capacity verification and intent documentation
  • Probate court readiness: Courts must develop systems to verify, store, and validate digital estate documents; rural or underserved areas may face implementation challenges

Compiled from official sources — confirm details with the bill’s official record.

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