How to Make a Valid Will in Pennsylvania
Pennsylvania has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in PA.
Pennsylvania Will Requirements at a Glance
Who Can Make a Will in Pennsylvania?
You must be at least 18 years old to make a will in Pennsylvania. Married minors may make a will regardless of age (20 Pa.C.S. § 2501). 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
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, 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. 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
Notarization in Pennsylvania
Notarization is not required for a will to be valid in Pennsylvania. Not required. A notarized will becomes self-proving and does not need witnesses at probate
Self-Proving Affidavit
Pennsylvania allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. 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)
Handwritten (Holographic) Wills
Pennsylvania does recognize holographic wills. 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
Pennsylvania does not currently recognize electronic wills. Pennsylvania does not currently have an electronic wills statute
How to Revoke a Will in Pennsylvania
In Pennsylvania, a will can be revoked by:
- •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
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)
Relevant Pennsylvania Statutes
- 20 Pa.C.S. § 2501 (Who may make a will)
- 20 Pa.C.S. § 2502 (Form and execution of wills)
- 20 Pa.C.S. § 2505 (Revocation)
- 20 Pa.C.S. § 2203 (Elective share)
- 20 Pa.C.S. § 3132.1 (Self-proved wills)
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