How to Write a Will in Pennsylvania (2026 Guide)
This is general legal information for Pennsylvania, not legal advice. Will laws change, and specific situations can have exceptions. For any complex case, consult a licensed attorney in Pennsylvania.
Why Having a Will Matters
A will is the simplest, clearest way to say what happens to your property, your minor children, and your affairs after you die. Without one, you die "intestate" and Pennsylvania’s default inheritance rules (called intestate succession) take over. Those rules are rigid and generic — they do not know your relationships, your intentions, or the people you care about most. They follow a fixed formula.
The cost of skipping a will is not hypothetical. It plays out the same way in Pennsylvania as everywhere else: unmarried partners locked out, stepchildren with nothing, pets in shelters, court-appointed administrators, family disputes over items and money, and a probate process that is slower, messier, and more expensive than it needed to be. Whatever you own — even if you think it’s "not much" — someone will have to deal with it after you’re gone. A will decides whether that someone is you or a judge.
A simple Pennsylvania will takes about ten minutes to draft using a free tool and costs nothing. You can start drafting yours now. The rest of this guide walks you through what makes a will legally valid in Pennsylvania and how to avoid the technical mistakes that most commonly cause wills to be thrown out.
Pennsylvania Will Requirements at a Glance
- Minimum age: 18 years old (Married minors may make a will regardless of age (20 Pa.C.S. § 2501))
- Written form: Must be in writing. Can be typed, printed, or handwritten
- Witnesses required: 0
- Notarization: Not required for a standard signed will
- Self-proving affidavit: Yes — recommended, it speeds up probate later
- Holographic (handwritten) wills: Yes
- Electronic wills: No
Testamentary Capacity
The testator must be of sound mind: able to understand the nature of the act, know the nature and extent of their property, and know the natural objects of their bounty
Signature Requirements in Pennsylvania
You must personally sign the will. Pennsylvania does allow proxy signing in specific cases: Another person may sign the testator's name at the testator's direction and in the testator's presence. The signature must be at the end of the will (20 Pa.C.S. § 2502)
Witness Requirements in Pennsylvania
Pennsylvania requires 0 witnesses. Pennsylvania does not require witnesses at execution. Two witnesses are required at probate if the will is not self-proving
Presence rules: No witness presence rules at execution. At probate, two witnesses must identify the testator's signature
Interested witnesses: Since witnesses are not required at execution, this is generally not an issue
The safest approach in every state, including Pennsylvania, is to use witnesses who are adults, not beneficiaries under the will, and not the person you’ve named as executor. This avoids any question about whether a witness’s inheritance could be "purged" for being an interested party.
Notarization and Self-Proving Affidavits
Pennsylvania does not require a will to be notarized to be valid. A signed and witnessed will is enough. Not required. A notarized will becomes self-proving and does not need witnesses at probate
Pennsylvania does allow a self-proving affidavit, which is a short notarized document attached to the will where you and your witnesses swear under oath that everything was signed properly. It is optional, but it is strongly recommended — a self-proving affidavit means the probate court can admit the will without having to contact your witnesses later. A will is self-proving if the testator's signature is notarized or if it includes an attestation clause with witnesses' signatures before a notary (20 Pa.C.S. § 3132.1)
Holographic, Electronic, and Oral Wills in Pennsylvania
Holographic (handwritten) wills: Recognized in Pennsylvania. Effectively recognized because Pennsylvania does not require witnesses at execution. A handwritten, signed will is valid as long as the testator's signature can be proved at probate
Electronic wills: Not currently recognized in Pennsylvania. Stick with a printed, physically signed will.
Nuncupative (oral) wills: Not recognized in Pennsylvania.
How to Revoke or Update a Pennsylvania Will
If you already have a will and want to change it, Pennsylvania recognizes these revocation methods: Executing a later will or codicil that expressly or impliedly revokes the prior will, Physical act (burning, tearing, canceling, obliterating, or destroying) by the testator or by another at the testator's direction. 20 Pa.C.S. § 2505
The cleanest approach is to draft a new will that starts with the sentence "I revoke all previous wills and codicils," then sign it with the proper witnesses. Destroy old copies when you do. Small updates can technically be done by codicil (a formal amendment), but a fresh will is usually easier to read and harder to contest.
Special Provisions in Pennsylvania
Pennsylvania is a separate property/common law state. Surviving spouse has an elective share of one-third of certain property (20 Pa.C.S. § 2203). Pennsylvania is unique in not requiring witnesses at the time of will execution — only a signature is needed. Pennsylvania has an inheritance tax (rates vary by relationship to decedent)
Step-by-Step: Writing a Valid Pennsylvania Will
- Take inventory. Bank accounts, vehicles, property, valuables, digital assets, pets.
- Decide who gets what. Be specific for items that matter (names, addresses, account identifiers). Use a residuary clause ("everything else goes to...") to catch anything you forget.
- Name an executor. The person who handles your estate. Pick someone trustworthy, organized, and likely to outlive you. Name a backup too.
- Name a guardian for minor children if you have kids under 18. This is the single most important reason for a will if you’re a parent.
- Draft the document. Our free drafting tool generates a Pennsylvania-specific will in about 10 minutes, with all the correct clauses in the correct order.
- Print the will. Don’t rely on a digital copy for signing.
- Sign in front of 0 adult witnesses who are not named as beneficiaries. You all need to be in the same room at the same time. You sign first, they sign while watching.
- Sign the self-proving affidavit in front of a notary. This is optional but speeds up probate later.
- Store it somewhere findable. A fireproof home safe is the standard choice. Tell your executor where it is.
- Review every few years and after major life events (marriage, divorce, new child, moving out of Pennsylvania, major asset changes).
Common Pennsylvania Will Mistakes to Avoid
- Wrong number of witnesses. Pennsylvania requires 0. More is fine; fewer invalidates the will.
- Using a beneficiary as a witness. Can cause the beneficiary’s share to be "purged" (forfeited).
- Not signing in the witnesses’ presence. The signing has to happen as a ceremony, with everyone in the same room.
- Forgetting a residuary clause. Without it, anything you didn’t specifically mention falls into intestate succession.
- Storing the will where nobody can find it. An unfindable will is the same as no will.
- Not updating after major life events. An ex-spouse named in an old will can still inherit in some situations.
Need to Check Details?
You can also read the full Pennsylvania will requirements and the Pennsylvania estate planning guide for background on intestate succession, probate, and related topics.
Start Your Pennsylvania Will Now
The easiest way to get a valid Pennsylvania will done today is our free drafting tool. It walks you through the questions, generates a Pennsylvania-specific document with the correct clauses, and gives you signing instructions tailored to Pennsylvania’s requirements. No account, no cost, nothing stored on our servers. You’ll have a draft ready in about ten minutes.
Whatever you decide, decide. A simple will is one of the most meaningful things you can leave the people you love — and it’s one of the easiest things to put off until it’s too late.
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