In Pennsylvania, a valid will must be in writing, signed by someone 18 or older who is of sound mind, and signed at the end of the document. Unlike most states, Pennsylvania doesn't require witnesses for a standard will you sign yourself, though skipping them makes the will harder to defend later.
That last part surprises a lot of people. Pennsylvania's rules are more relaxed on paper than states like Illinois, but "technically valid" and "easy to get through probate without a fight" aren't the same thing. This guide covers what Pennsylvania law requires, what it recommends, and the steps to put a solid will together.
For a wider view of planning in the state, see our full Pennsylvania estate planning guide.
Pennsylvania's Legal Requirements for a Will
Pennsylvania's will statutes sit in Title 20 of the Pennsylvania Consolidated Statutes. Here's what actually governs a valid will.
Who Can Make a Will in Pennsylvania
Under 20 Pa.C.S. Section 2501, any person 18 or older who is of sound mind may make a will. Sound mind means you understand you're signing a document that distributes your property after death, and you have a general sense of what you own and who would typically expect to inherit it.
Signing and Witness Rules
Under 20 Pa.C.S. Section 2502, a Pennsylvania will must be in writing and signed by the testator at the end of the document. Here's the part that catches people off guard: Pennsylvania does not require witnesses for a will you sign yourself. Two witnesses are only required by law in narrower situations, specifically when you sign with a mark instead of your full name, or when someone else signs on your behalf at your direction.
Just because witnesses aren't mandated doesn't mean you should skip them. An unwitnessed will is harder to get through probate smoothly and easier for an unhappy relative to challenge. Most estate planning attorneys, and FastWill's guided process, still recommend two disinterested witnesses for every will, regardless of the bare legal minimum.
Does a Pennsylvania Will Need to Be Notarized?
No, a basic Pennsylvania will doesn't need to be notarized to be valid. Notarization comes into play if you want to make your will "self-proved." Under 20 Pa.C.S. Section 3132.1, a will becomes self-proved when the testator and witnesses sign an acknowledgment and affidavit before a notary or another officer authorized to administer oaths. A self-proved will can be admitted to probate without tracking down witnesses to testify, which saves your executor real time. For more on how this works, see our guide to self-proving wills.
Handwritten (Holographic) Wills in Pennsylvania
Pennsylvania recognizes handwritten wills. Since state law already doesn't require witnesses for a will signed by the testator, a will that's entirely in your own handwriting and signed at the end can be valid on the same terms as a typed one. That said, handwritten wills without witnesses tend to face more scrutiny in probate court, particularly if a family member questions your capacity or claims someone influenced you. Our guide on the risks of a handwritten will covers what to watch for.
How to Make a Will in Pennsylvania, Step by Step
The legal bar is low, but a well-built will takes more than a signature. Here's the order that works well.
- Inventory your assets and debts. Real estate, accounts, vehicles, and anything of meaningful value.
- Decide who gets what. Specific bequests, percentages of the estate, or both.
- Name an executor, plus a backup, to handle your estate and carry out your wishes.
- Name a guardian for minor children, if applicable, and confirm they're willing to serve.
- Include a residuary clause for anything not specifically listed elsewhere in the will.
- Draft the will, stating plainly that it's your will and that it revokes earlier versions.
- Sign at the end of the document, and bring in two disinterested witnesses even though Pennsylvania doesn't strictly require them.
- Consider a notarized self-proving affidavit so your executor can skip locating witnesses later.
- Store the original safely and tell your executor exactly where it is.
Mistakes That Can Cause Problems for a Pennsylvania Will
- Assuming that since witnesses aren't required, they're not worth having. They make a will far harder to contest.
- Signing anywhere other than at the end of the document, which the statute specifically calls for.
- Skipping the self-proving affidavit and leaving your executor to hunt down witnesses years later.
- Forgetting a residuary clause, which leaves newly acquired property without a clear destination.
- Never updating the will after a marriage, divorce, or the birth of a child.
Frequently Asked Questions
Do I need witnesses for my Pennsylvania will?
Not by strict legal requirement, if you sign it yourself. But two witnesses make the will far easier to defend in probate and are required if you want a self-proving affidavit, so most people include them anyway.
Do I need a lawyer to make a will in Pennsylvania?
Not for a simple estate. Pennsylvania doesn't require an attorney to draft or witness a will. If your estate involves a business, out-of-state property, or a blended family, consider speaking with an attorney to catch issues a template can't anticipate.
What happens if I die without a will in Pennsylvania?
Pennsylvania's intestacy laws decide who inherits, following a set order of relatives that may not match your actual wishes. Your estate would also typically move through the probate process, which tends to take longer without a valid will guiding it.
Can a handwritten will work in Pennsylvania?
Yes, if it's entirely in your handwriting and signed at the end. It's still wise to add witnesses and a self-proving affidavit if you want it to move through probate without extra hurdles.
How do I revoke or change a Pennsylvania will?
You can revoke a will by destroying it or by signing a new one that states it replaces earlier versions. Small changes can sometimes be handled with a signed codicil, but a new document is usually clearer for anything substantial.
Pennsylvania's rules may look simple on the surface, but the details around witnesses and self-proving affidavits are exactly where a DIY will can fall short of what your family actually needs. FastWill's guided Will Package builds in the witness and notarization steps that make a Pennsylvania will easier to probate, not just legally valid on paper.
