Pennsylvania Last Will and Testament

Introduction

Key Things to Know

1. 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. 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. 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. 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. 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. 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. 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.

Pennsylvania Requirements for Last Will and Testament

• No Attesting Witnesses Required at Signing

  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.

• Two Witnesses Required if Signed by Mark or by Another

  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.

• No Interested-Witness Forfeiture

  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.

• Two Competent Witnesses Prove the Will at Probate

  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.

• Self-Proving Affidavit Available, Signed Before a Notary

  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.

• Handwritten Wills Can Be Valid

  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.

• Minimum Age and Sound Mind

  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.

• Revocation by Later Writing, Destruction, or Divorce

  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.