Pennsylvania Last Will and Testament: A Complete Guide

This guide walks you through Pennsylvania’s will requirements, explains what happens if you die without one, and answers common questions to help you get started.

What Is a Last Will and Testament and Why Is It Important?

A last will and testament (or simply a “will”) is a written document where you specify who will receive your property (your “beneficiaries“) after you pass away. The person making the will is known as the “testator.”

Having a valid will is important because it ensures your final wishes are known and legally respected. Without one, state law—not you—decides how your property is divided. A will allows you to:

• Distribute your personal property, real estate, and other assets to the family members, friends, and charities you choose.
• Nominate a trusted person or institution as an executor to handle your estate.
• Appoint a guardian to care for your minor children.

Your assets will go through a court-supervised process called probate, where your will is validated, and your executor is approved to carry out your instructions.

What Happens If You Die Without a Will in Pennsylvania?

If you pass without a will (known as dying “intestate“) or if your will is not valid, state law takes over. Instead of an executor, the court appoints an administrator. The Register of Wills grants Letters of Administration to a qualified applicant who then serves as the administrator.

Your remaining property will go to your relatives according to the intestacy laws, rather than to the named beneficiaries in a will. The Orphans’ Court handles disputes and other issues that require judicial intervention.

What Are the Requirements for a Valid Will in Pennsylvania?

Under Pennsylvania law, a valid will must meet the following requirements​:

• It must be in writing. Oral wills are not valid in Pennsylvania. A handwritten (“holographic”) will may be valid if it meets all other legal requirements, but it can be more easily challenged.
• The testator must be at least 18 years old and of sound mind. This means they understand they are creating a will and the general nature of their property.
• The testator must sign the will at the end. If the testator cannot sign their name, they can make a mark or have another person sign on their behalf in their presence and at their direction.

Does a Pennsylvania Will Require a Witness or a Notary?

Generally, no witnesses are required if the testator signs the will themselves. Pennsylvania is one of the few states with this rule.

However, witnesses are required in specific situations:

• If the testator signs with a mark instead of a name, two competent witnesses must be present and sign the will.
• If the testator is unable to sign, another person may sign on the testator‘s behalf in the testator‘s presence and at the testator‘s direction, and two witnesses must sign the will in the testator‘s presence.

While not required for validity, you can make a will “self-proved” through the testator‘s acknowledgment and affidavits from the witnesses before a notary or another authorized officer, using a self-proving affidavit.

What’s Unique About Pennsylvania Will Laws?

While wills are fairly similar across the 50 states, there are differences in each state’s laws. Some unique features of Pennsylvania’s will laws include:

• Inheritance tax: Pennsylvania does not have an estate tax, but it does have an inheritance tax for bequests from an estate. The tax rate depends on the beneficiary‘s relationship to you. Surviving spouses, minor children, and charities pay 0%, adult children pay 4.5%, siblings pay 12%, and all others pay 15%. The state offers a 5% discount on inheritance tax paid within three months of the decedent‘s death.
• Witnesses: Pennsylvania generally doesn’t require witnesses for a will that is signed by the testator. It is one of only a few states that doesn’t require witnesses as part of will signing requirements.
• Elective share: The elective share is a device intended to prevent one spouse from disinheriting the other. Pennsylvania protects surviving spouses with a 33.3% elective share, which applies to the probate estate and many non-probate transfers, such as certain jointly owned property and revocable trust assets. As a result, simply moving assets outside probate may not be sufficient to defeat a surviving spouse’s elective share rights.
• Revocation upon final divorce decree: In general, Pennsylvania revokes will provisions benefiting a former spouse once the marriage is legally terminated by divorce. Separation alone doesn’t revoke those provisions. If you die while separated but still legally married, you may unintentionally leave assets to your estranged spouse under an outdated estate plan.

As you can see, there are many moving parts to a valid will. If you have any concerns, consider speaking with a Pennsylvania estate planning attorney.

How Does Probate Work in Pennsylvania?

Whether you have a will or not, your probate assets must go through probate. Probate addresses assets that do not transfer automatically by beneficiary designation, joint ownership, or trust. The Register of Wills handles the probate process in Pennsylvania.

After determining the will is valid, the ensuing process follows this general pattern:

1. The Register of Wills issues Letters Testamentary to the executor.
2. The executor notifies beneficiaries and publishes a Notice of Estate Administration in local newspapers to alert creditors.
3. The executor gathers and inventories the estate assets.
4. The executor pays all of the estate’s debts, including taxes, according to statutory priority.
5. The executor distributes the remaining estate to your named beneficiaries in the will.
6. The estate is closed.

If you don’t have a will or if the will is invalid, the state of Pennsylvania fills in the gaps of the probate process.

How to Create a Will in Pennsylvania

Pennsylvania does not require you to use an attorney to create a will, but it doesn’t provide a form will. If you want to make your own will, you can follow the statutory requirements. Another do-it-yourself option is to use a state-specific will template from an online DIY estate planning service.

Creating a will is a key part of estate planning. A comprehensive estate plan also includes incapacity planning, such as an advance directive and a durable power of attorney for financial matters, which provide guidance on healthcare and financial matters. Together, these legal documents and others make up your estate plan.

Frequently Asked Questions (FAQ)

• Can I write my own will in Pennsylvania?
  Yes, you can write your own will in Pennsylvania, as state law does not require you to hire an attorney. You can either draft the document yourself or use an online service. However, for the will to be valid, you must strictly follow all legal requirements for signing and execution. Mistakes can invalidate the will, so many people consult an attorney to ensure their wishes are legally protected.

• Do you have to register a will in PA?
  No, you do not register or file a will with the state while you are alive. A will is a private document that you should store in a safe, accessible place where your executor can find it. After your death, your executor will file the original will with the Register of Wills in the county where you lived to begin the probate process.

• How much does a will cost in Pennsylvania?
  Costs vary significantly based on your approach. DIY will templates and online software can range from free to a few hundred dollars. Hiring an estate planning attorney will cost more, with fees for a simple will often ranging from $300 to over $1,000. While more expensive, an attorney provides legal advice, customizes the will to your needs, and helps prevent costly errors.

• What makes a will invalid in Pennsylvania?
  A will can be challenged and declared invalid if it fails to meet legal requirements or was created under improper circumstances. Common reasons include failure to sign the will, the testator being under 18 or not of “sound mind,” or evidence of undue influence (someone coercing the testator). A will can also be invalidated if it is proven to be fraudulent or a forgery.

• Can a will be changed or revoked?
  Yes, you can change or revoke your will at any time as long as you are of sound mind. Minor changes can be made with an amendment called a “codicil,” which must be executed with the same legal formalities as the original will. For major changes, it is often easier and safer to create an entirely new will, which should explicitly state that it revokes all prior wills.

Work With a Pennsylvania Estate Planning Attorney

Wills can be tricky to create. If you have any doubts about yours, speak with a Pennsylvania estate planning attorney. They’ll give you legal advice tailored to your specific circumstances. Working with a professional is especially helpful when:

• Family dynamics are complex
• Your assets are significant
• You want to explore other tools, such as a living trust

A local estate planning attorney can help at any point in the process, whether you’re just getting started or have a DIY will you’d like someone to review.