PRINTER'S NO. 2327
No. 1818 Session of 1975
INTRODUCED BY BERSON, SCIRICA, FINEMAN AND W. D. HUTCHINSON,
OCTOBER 2, 1975
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 2, 1975
AN ACT
1 Amending Title 20 (Decedents, Estates and Fiduciaries) of the
2 Pennsylvania Consolidated Statutes, providing for the
3 acknowledgment by testator and affidavits of witnesses to
4 wills and their effect.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Chapter 31 of Title 20, act of November 25, 1970
8 (P.L.707, No.230), known as the Pennsylvania Consolidated
9 Statutes, added June 30, 1972 (P.L.508, No.164), is amended by
10 adding a section to read:
11 § 3132.1. Self-proved wills.
12 (a) Proof.--Unless there is a contest with respect to the
13 validity of the will, an affidavit of witness made in conformity
14 with this section shall be accepted by the register as proof of
15 the facts stated as if it had been made under oath before the
16 register at the time of probate.
17 (b) Affidavit.--An attested will may at the time of its
18 execution or at any subsequent date be made self-proved, by the
19 acknowledgment thereof by the testator and the affidavits of the
1 witnesses, each made before an officer authorized to administer
2 oaths under the laws of this Commonwealth, or under the laws of
3 the state where execution occurs, and evidenced by the officer's
4 certificate, under official seal, attached or annexed to the
5 will. A separate affidavit may be used for each witness whose
6 affidavit is not taken at the same time as the testator's
7 acknowledgment. The acknowledgment and affidavits shall in form
8 and content be substantially as set forth in the Uniform Probate
9 Code or as follows:
10 Acknowledgment
11 Commonwealth of Pennsylvania (or state of)
12 County of
13 I, _____________________________________, testat-___________,
14 whose name is signed to the attached or foregoing instrument,
15 having been duly qualified according to law, do hereby acknow-
16 ledge that I signed and executed the instrument as my Last Will;
17 that I signed it willingly; and that I signed it as my free and
18 voluntary act for the purposes therein expressed.
19 Sworn or affirmed to and acknowledged before me, by _________
20 _______________ , the testator, this __________ day of ________,
21 19______.
22 (SEAL) ______________________________
23 ______________________________
24 (Official capacity of officer)
25 Affidavit
26 Commonwealth of Pennsylvania (or state of)
27 County of
28 We, ____________________ (____________________) and ________,
29 the witnesses whose names are signed to the attached or fore-
30 going instrument, being duly qualified according to law, do
19750H1818B2327 - 2 -
1 depose and say that we were present and saw testat-______sign
2 and execute the instrument as his Last Will; that _______ signed
3 willingly and that __________ executed it as __________ free and
4 voluntary act for the purposes therein expressed; that each of
5 us in the hearing and sight of the testat-________ signed the
6 will as witnesses; and that to the best of our knowledge the
7 testat-________ was at that time 18 or more years of age, of
8 sound mind and under no constraint or undue influence.
9 Sworn or affirmed to and subscribed to before me by _________
10 __________________, ______________________, and _______________,
11 witnesses, this ___________ day of _________________, 19 ______.
12 ______________________________
13 Witness
14 ______________________________
15 Witness
16 ______________________________
17 Witness
18 (SEAL) ______________________________
19 ______________________________
20 (Official capacity of officer)
21 Section 2. This act shall take effect in 60 days.
I17L22JR/19750H1818B2327 - 3 -