Last Will and Testament in Pennsylvania
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What Pennsylvania law says
| Requirements for a valid will | Any person 18 or older who is of sound mind may make a will. The will must be in writing and signed by the testator at the end; writing that appears after the signature does not invalidate what comes before it. If the testator signs by mark, or another person signs the testator's name at the testator's express direction, two witnesses must sign in the testator's presence (and, for a signature by another person, the testator must declare the document to be his or her will in front of them). A will is also valid in Pennsylvania if it was signed in compliance with the law of the place where the testator lived when it was signed or at death. The statute does not require witnesses to sign a will the testator signs personally, but at probate the will must generally be proved by the oaths of two competent witnesses (20 Pa.C.S. § 3132), so many wills are witnessed or made self-proved. |
|---|---|
| Self-proving affidavit | Yes. An attested will may be made self-proved, at signing or any later date, by the testator's acknowledgment and the witnesses' affidavits made before an officer authorized to administer oaths (such as a notary public), or before a Pennsylvania attorney and certified to such an officer, evidenced by the officer's certificate under seal attached to the will. The statute sets out an acknowledgment and affidavit form (a Uniform Probate Code form may also be used). Unless the will is contested or was signed by mark or by another person, the Register accepts the affidavits as proof without further testimony. Source: 20 Pa.C.S. § 3132.1 |
| Handwritten (holographic) wills | Pennsylvania has no separate category for handwritten wills, but its general rule only requires that a will be in writing and signed by the testator at the end. A handwritten will signed at the end can therefore be valid without attesting witnesses. To probate it, the will must be proved before the Register of Wills by the oaths or affirmations of two competent witnesses, which for an unwitnessed will typically means people who can identify the testator's signature. Oral (nuncupative) wills are not recognized; that provision was repealed in 1974. |
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · Pennsylvania tenant rights
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.