Pennsylvania Last Will and Testament
A Pennsylvania will needs no attesting witnesses to be valid, just the testator's signature at the end. Free template. Attorney review available.
Introduction
A last will and testament is a legal document that states who receives your property when you die and names the person, called your executor or personal representative, who will administer your estate. It can also name a guardian for minor children. Pennsylvania has an unusual rule: under 20 Pa.C.S. Section 2502, a will is valid once it is in writing and signed by the testator (the person making the will) at the end, with no attesting witnesses required at signing. Witnesses only become necessary if the testator signs by mark or has someone else sign on their behalf, in which case two witnesses must sign in the testator's presence, and separately, at probate, two competent witnesses must prove the will under Section 3132 unless it is self-proved. Pennsylvania recognizes a self-proving affidavit under Section 3132.1, where the testator and two witnesses sign before a notary so the witnesses do not have to appear in court later. A wholly handwritten will can also be valid here because the general writing-and-signature rule has no witness requirement, though it still must be proved at probate. The testator must be at least 18 and of sound mind under Section 2501. Attorney review is available as an option before you sign.
Key Things to Know
- 1
A last will and testament is a legal document that states who receives your property and who administers your estate after you die. It can also name a guardian for your minor children.
- 2
Pennsylvania needs zero attesting witnesses for a will signed by the testator at the end. Two witnesses are required only if the testator signs by mark or has another person sign for them (20 Pa.C.S. Section 2502), and two competent witnesses must separately prove the will at probate under Section 3132 unless it is self-proved.
- 3
Pennsylvania has no interested-witness forfeiture statute. Because attesting witnesses are not required to make a testator-signed will valid, a beneficiary who signs as a witness does not lose their gift, though naming a disinterested witness is still the safer practice for a smooth probate.
- 4
A self-proving affidavit is recognized and needs a notary. Under 20 Pa.C.S. Section 3132.1, the testator and two witnesses sign an affidavit before an officer authorized to administer oaths, and the register of wills then accepts it as proof without the witnesses appearing in person.
- 5
The will itself does not need a notary. Pennsylvania validity turns on the testator's signature at the end of the document (Section 2502), not notarization. A notary is used only for the optional self-proving affidavit.
- 6
A wholly handwritten, unwitnessed will can be valid in Pennsylvania. The state has no separate holographic-will statute, but because Section 2502 requires only writing and a signature at the end with no witness requirement, a handwritten will can qualify. It must still be proved by two competent witnesses to the signature or handwriting at probate under Section 3132.
- 7
You must be 18 and of sound mind to make a Pennsylvania will (20 Pa.C.S. Section 2501). A will can be revoked by a later will or codicil, a signed writing declaring revocation, or by burning, tearing, canceling, or destroying it with intent to revoke (Section 2505); divorce voids provisions for a former spouse under Section 2507.
Key decisions before you file
Before you file a Last Will and Testament in Pennsylvania, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.
Open the Last Will and Testament guideCustomize your Last Will and Testament Template with DocDraft
Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Pennsylvania in about a minute, and notarize it online through DocDraft if it does.
Pennsylvania Requirements for Last Will and Testament
Under 20 Pa.C.S. Section 2502, a Pennsylvania will is valid once it is in writing and signed by the testator (the person making the will) at the end, with no attesting witnesses required at the time of signing.
If the testator signs by mark or has another person sign the will on their behalf, 20 Pa.C.S. Section 2502(2)-(3) requires two witnesses to sign their names to the will in the testator's presence.
Pennsylvania has no statute that voids a beneficiary's gift for serving as a witness. Because attesting witnesses are not required to validate a testator-signed will, a beneficiary who witnesses does not forfeit their gift, though a disinterested witness remains the safer practice.
Under 20 Pa.C.S. Section 3132, all wills must be proved by the oaths or affirmations of two competent witnesses at probate, unless the will was made self-proved, which is a probate step separate from the validity of the will itself.
Pennsylvania recognizes a self-proving affidavit under 20 Pa.C.S. Section 3132.1. The testator and two witnesses sign the affidavit before an officer authorized to administer oaths (a notary), and the register of wills then accepts it as proof without the witnesses appearing in person.
Pennsylvania has no separate holographic-will statute, but a wholly handwritten will can be valid because 20 Pa.C.S. Section 2502 requires only writing and a signature at the end, with no witness requirement for a testator-signed will. It must still be proved by two competent witnesses at probate under Section 3132.
A Pennsylvania testator must be at least 18 years of age and of sound mind under 20 Pa.C.S. Section 2501. Pennsylvania case law describes sound mind as understanding the natural objects of one's bounty, the extent of one's property, and what the will does with it.
Under 20 Pa.C.S. Section 2505, a will can be revoked by a later will or codicil, a signed writing declaring revocation, or by burning, tearing, canceling, or destroying it with intent to revoke. Under Section 2507, divorce voids provisions for a former spouse unless the will states otherwise.
Does your Last Will and Testament need to be notarized in Pennsylvania?
Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.
Check my Last Will and TestamentFrequently Asked Questions
None, if the testator signs the will at the end personally. Under 20 Pa.C.S. Section 2502, Pennsylvania requires only that the will be in writing and signed by the testator at the end, with no attesting witnesses at signing. Two witnesses are required only if the testator signs by mark or has someone else sign for them, and separately, two competent witnesses must prove the will at probate under Section 3132 unless it was self-proved. Using two witnesses at signing is still the recommended practice.
No. A Pennsylvania will is valid once it is in writing and signed by the testator at the end (20 Pa.C.S. Section 2502); no notary is involved in making the will itself. A notary is used only for the optional self-proving affidavit under Section 3132.1, where the testator and witnesses sign before a notary so the witnesses do not have to appear at probate.
It can be. Pennsylvania has no separate holographic-will statute, but 20 Pa.C.S. Section 2502 requires only that the will be in writing and signed by the testator at the end, with no witness requirement for a testator-signed will. A wholly handwritten will that meets that standard can be valid, though at probate it still must be proved by two competent witnesses to the signature or handwriting under Section 3132.
Put your wishes in writing, name an executor and a residuary beneficiary, and sign the document at the end as the testator (20 Pa.C.S. Section 2502). Although attesting witnesses are not required for validity, having two witnesses sign, and adding a self-proving affidavit before a notary under Section 3132.1, avoids the need to track down witnesses later to prove the will in the register of wills office.
Under 20 Pa.C.S. Section 2502, a Pennsylvania will is valid if it is in writing and signed by the testator at the end of the document. The testator must be at least 18 and of sound mind under Section 2501. No attesting witnesses are required at signing unless the testator signs by mark or has another sign for them, though two witnesses will still be needed to prove the will at probate under Section 3132 unless it is self-proved.
A self-proving affidavit is a sworn statement, signed by the testator and two witnesses before a notary under 20 Pa.C.S. Section 3132.1, that lets the register of wills accept the will for probate without calling the witnesses to testify. It is optional but recommended, because it saves the estate from having to locate the witnesses later.
You must be at least 18 years old and of sound mind to make a valid will in Pennsylvania, under 20 Pa.C.S. Section 2501. Pennsylvania courts have described sound mind as understanding the natural objects of your bounty, the general nature and extent of your property, and what the will does with that property at the time you sign it.
Under 20 Pa.C.S. Section 2505, you can revoke a Pennsylvania will with a later will or codicil in writing, a separate signed writing declaring the revocation, or by burning, tearing, canceling, obliterating, or destroying the will with the intent to revoke it, either yourself or through someone acting in your presence at your direction. Divorce also voids any provision for a former spouse under Section 2507, unless the will states that provision should survive the divorce.