How to Make a Will in Pennsylvania
Pennsylvania has one of the most forgiving will statutes in the country - and that is exactly why so many Pennsylvania wills create work for the family later.
What Pennsylvania actually requires
The bar is low. Under 20 Pa.C.S. § 2502, a will is valid in Pennsylvania if it is:
- In writing. Typed or handwritten both count. Pennsylvania recognises holographic (handwritten) wills.
- Signed by you at the end. "At the end" is literal - anything written below your signature is generally disregarded.
- Made by someone 18 or older and of sound mind.
That is the whole test. No notary. No witnesses at the signing. No filing with a court while you are alive.
If you sign in the middle of the document and keep going, the language after your signature can fail. The same goes for adding a bequest in the margin months later. Amendments belong in a properly executed codicil or a new will - not in the white space.
The witness rule that surprises everyone
Most states require two witnesses to watch you sign. Pennsylvania does not. Witnesses become mandatory in only two situations under § 2502:
- You sign by mark (an X, for example) rather than writing your name - then two witnesses must sign in your presence.
- Someone else signs your name at your direction because you physically cannot - then you must declare the document to be your will in front of two witnesses, who sign in your presence.
So a will you typed and signed alone at your kitchen table is legally valid in Pennsylvania. It is also going to be harder to probate, which brings us to the step that actually matters.
Self-proving affidavits: the step that saves your family months
When your will is presented to the Register of Wills, someone has to prove your signature is genuine. Without witnesses, your executor must produce two people who can swear to your handwriting - which, years later, can mean tracking down former colleagues or relying on relatives who never saw you sign.
A self-proving affidavit under 20 Pa.C.S. § 3132.1 solves this in advance. You and two witnesses sign a sworn statement in front of a notary, attached to the will. The Register can then admit the will without any witness testimony at all.
Pennsylvania does not require witnesses or a notary - but you should use two witnesses and a notary anyway. The affidavit is optional in law and close to essential in practice. It converts a probate step that takes weeks into one that takes minutes.
Pick witnesses who are 18 or older and who are not beneficiaries under the will. Pennsylvania does not automatically void a gift to a witness the way some states do, but a beneficiary-witness is an easy target if anyone later contests the will. Choose neutral people who are likely to outlive you.
What to put in the will
A will that only lists who gets what is an incomplete will. The clauses that prevent disputes are usually the ones people forget:
- Revocation of prior wills. One sentence that kills every earlier draft floating around.
- Specific gifts. Named items to named people - the piano, the ring, the tools.
- Residuary clause. Who receives everything not otherwise mentioned. Without one, the leftovers pass by intestacy, which can send assets to people you never intended.
- Survivorship period. A beneficiary must outlive you by, say, 30 days to inherit. This stops property passing through two estates in quick succession.
- Alternate (contingent) beneficiaries. What happens if someone predeceases you.
- Guardian nomination for minor children.
- Trust provisions for minors. Without them, a child's inheritance is handed over outright at 18.
- Executor powers. Explicit authority to sell real estate, continue a business, or make tax elections - otherwise your executor may need court approval for routine acts.
- Tax apportionment. Who bears the Pennsylvania inheritance tax: the specific beneficiary or the residue. Silence here reliably causes arguments.
Pennsylvania inheritance tax is charged on the beneficiary's share, at a rate that depends on their relationship to you. If your will is silent about who pays, a 15% charge on a friend's gift may quietly come out of your children's residue instead. See our Pennsylvania inheritance tax guide.
Choosing an executor
Your executor gathers assets, pays debts and taxes, files the inheritance tax return, and distributes what is left. The job is administrative more than emotional, and it typically runs a year or more.
Choose someone organised, solvent, and willing - then ask them first. Name at least one successor. If your executor lives out of state, that is permitted in Pennsylvania, but the Register of Wills may require a bond, so consider adding a clause waiving bond if you trust the person you have named.
Signing it properly
- Print the final document single-sided. Do not sign a draft.
- Gather two adult witnesses who are not beneficiaries, plus a notary. Everyone should be in the same room at the same time.
- Tell the witnesses, out loud, that the document is your will. You do not need to let them read it.
- Sign at the end, in ink, in front of both witnesses.
- Have the witnesses sign.
- Complete the self-proving affidavit and have the notary notarise it.
- Do not staple, unstaple, or reorder the pages afterwards. Removed staple holes look like tampering.
Sign one original only. Multiple signed originals create a real problem: if one cannot be found later, Pennsylvania may presume you destroyed it with intent to revoke.
Where to keep it
The original document is what gets probated - a photocopy is not automatically good enough. Keep it somewhere fireproof and findable, and tell your executor exactly where it is.
Be cautious with a safe deposit box in your sole name: after death, the box may be sealed, and your executor could need the will in order to get authority to open the box holding the will. Many Pennsylvania counties let you deposit your will with the Register of Wills for safekeeping for a small fee, which sidesteps the problem entirely.
When to update it
Revisit the will after any of these:
- Marriage, separation, or divorce. Under 20 Pa.C.S. § 2507, divorce generally voids provisions favouring your former spouse - but relying on that instead of rewriting the will is a poor plan.
- A birth or adoption.
- A named executor, guardian, or beneficiary dies or becomes unsuitable.
- You move to or from Pennsylvania.
- You acquire real estate, a business, or a materially larger estate.
For anything beyond a trivial change, execute a new will rather than a codicil. Codicils have to be read alongside the original and are a common source of ambiguity.
Retirement accounts, life insurance, and payable-on-death accounts pass by beneficiary designation, and jointly held property with right of survivorship passes to the surviving owner. None of that is affected by your will. Review those designations at the same time - a stale beneficiary form overrides even the most carefully drafted will.
Common questions
Does a will need to be witnessed in Pennsylvania?
No - not for validity. Witnesses are only required if you sign by mark or direct someone else to sign for you. You should still use two, because the self-proving affidavit needs them.
Does a Pennsylvania will have to be notarized?
Not for validity. The notary is only needed for the optional self-proving affidavit.
Is a handwritten will valid in Pennsylvania?
Yes, if it is signed at the end. Proving it at probate is harder, and handwritten wills tend to omit the residuary, survivorship, and executor-powers clauses that keep an estate out of trouble.
How old do you have to be?
18, and of sound mind.
Do I need to file my will with a court while I am alive?
No. It is filed with the Register of Wills after death, though many counties offer optional safekeeping beforehand.
Build a Pennsylvania will in plain English
Airlooms asks a few gentle questions and assembles a will drafted for Pennsylvania law - residuary clause, survivorship, executor powers, and self-proving affidavit included. Nothing is final until you sign.