How do I make a valid will in Pennsylvania?

Pennsylvania wills are governed by Title 20 (Decedents, Estates and Fiduciaries), Chapter 25.

1. Testator Requirements

Age: 18 or older (20 Pa.C.S. § 2501).

Capacity: Sound mind.

2. Execution — Unique to Pennsylvania

Pennsylvania is one of the few states that does NOT require witnesses at the time of signing (20 Pa.C.S. § 2502). The will must:

Be in writing.

Be signed by the testator at the end. Anything written below the signature has no effect (§ 2502).

If the testator signs by mark or another signs for the testator, 2 witnesses are required at execution (§ 2502(2)-(3)).

3. Witnesses at Probate (20 Pa.C.S. § 3132)

Even though witnesses are not required to make the will valid, 2 witnesses must testify at probate to prove the testator's signature unless the will is self-proved.

4. Self-Proving Affidavit (20 Pa.C.S. § 3132.1)

A notarized self-proving affidavit signed by the testator and 2 witnesses eliminates the need for live witnesses at probate.

5. Holographic Wills

A will entirely in the testator's handwriting is valid in Pennsylvania as long as it is signed at the end. No witnesses required for the will's validity, but proof at probate (handwriting witnesses) is needed.

6. Interested Witnesses

No automatic forfeiture of bequest, though the witness's own gift is subject to scrutiny.

7. Intestacy (No Will)

20 Pa.C.S. § 2102-2103: Spouse with no descendants and no parents takes all; spouse + descendants all from this marriage takes the first $30,000 + 1/2; spouse + descendants from prior relationships takes 1/2.

8. Small Estate Threshold

Estates under $50,000 (excluding real estate, funeral expenses, and family exemption) may be settled by petition under 20 Pa.C.S. § 3102.

This is legal information, not legal advice.