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Pennsylvania Consolidated Statutes

20 Pa. Cons. Stat. § 2209 (2026)

 Surviving spouse as witness.

✓ current as of May 2026
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§ 2209.  Surviving spouse as witness.

A person who is or claims to be the surviving spouse shall be a competent witness as to all matters pertinent to his rights under this chapter other than the creation of his status as the surviving spouse.

(Feb. 18, 1982, P.L.45, No.26, eff. imd.)

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1987–2022 · leading case: State Farm Mut. Auto. Ins. v. Dill, 108 A.3d 882 (Pa. Super. Ct. 2015).
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State Farm Mut. Auto. Ins. v. Dill, 108 A.3d 882 (Pa. Super. Ct. 2015). “See also the Dead Man’s Act, 20 Pa.C.S. § 2209 (defining circumstances when witnesses are incompetent to testify against a decedent).”
In the Est. of: Stevenson, T., III (Pa. Super. Ct. 2022). “20 Pa.C.S. § 2209 (emphasis added). Appellant concedes that her own testimony regarding the creation of a common law marriage with Decedent is precluded by the Dead Man’s Act.”
In re Est. of Corace, 527 A.2d 1058 (Pa. Super. Ct. 1987). · cites it 2× “Section 2209 of Title 20 provides that “[a] person who is or claims to be the surviving spouse shall be a competent witness as to all matters pertinent to his rights under this chapter [relating to the elective share of a surviving spouse] *272 other than the creation of his…”
State Farm Mut. Auto v. Dill, B. (Pa. Super. Ct. 2015). “See also the Dead Man’s Act, 20 Pa.C.S. § 2209 (defining circumstances when witnesses are incompetent to testify against a decedent).”
Roberts v. Roberts, 9 Pa. D. & C.4th 133 (1991). “There is a corresponding disadvantage to defendant because under this set of facts if plaintiff is able to “outlast” him, neither he, nor his heirs after his death, will get the same economic benefit that he would get if he were to live and enjoy some equitable distribution of…”
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