Pennsylvania Wills FAQ | Requirements, Probate & Common…

Question 1

What are the requirements for a valid will in Pennsylvania?

Accepted Answer

Pennsylvania requires a will to be (1) in writing, (2) signed at the end by the testator (or by someone else at the testator's direction, in the testator's presence), and (3) the testator must be at least 18 and of sound mind. Pennsylvania does NOT require witnesses for a will to be valid, but two witnesses are required at probate to prove the signature — so virtually every Pennsylvania will is signed in front of two witnesses and notarized with a self-proving affidavit.

Question 2

Does Pennsylvania recognize handwritten (holographic) wills?

Accepted Answer

Yes. A holographic will written entirely in the testator's handwriting is valid in Pennsylvania if it is signed at the end. No witnesses are required for validity, but proving the handwriting at probate is harder and more expensive than a properly witnessed typed will.

Question 3

Does Pennsylvania accept online or DIY wills?

Accepted Answer

Yes, if the document meets the statutory requirements — in writing, signed at the end, signer of sound mind and at least 18. The risk with DIY wills is rarely formal invalidity; it is ambiguous language, missing tax provisions, outdated guardian nominations, and beneficiary designations that contradict the will. A properly executed DIY will is a valid will; it is just frequently not the will the person actually needed.

Question 4

What happens if I die without a will in Pennsylvania?

Accepted Answer

You die 'intestate' and Pennsylvania's intestacy statute (20 Pa.C.S. § 2102 and § 2103) decides who inherits. A surviving spouse does not automatically take everything — the spouse shares with children or parents under a formula. The probate court still appoints an administrator, inheritance tax still applies, and the cost is generally higher than probating a will because of bond and additional court oversight.

Question 5

Where do I file a will in Pennsylvania after death?

Accepted Answer

The original will is filed with the Register of Wills in the county where the decedent was a resident at death. The Register issues Letters Testamentary to the executor named in the will, which is the document that gives the executor legal authority to act for the estate.

Question 6

How often should I update my Pennsylvania will?

Accepted Answer

Review every three to five years and after every life event: marriage, divorce, birth or adoption of a child, death of a beneficiary or executor, move to or from Pennsylvania, significant change in assets, or significant change in family relationships. Pennsylvania automatically revokes pre-marital and pre-divorce provisions in many cases, but those default rules are blunt instruments and rarely produce the result the testator actually wanted.

Question 7

Can a Pennsylvania will be contested?

Accepted Answer

Yes. The most common grounds are lack of testamentary capacity, undue influence, fraud, improper execution, and revocation. Contests are filed in the Orphans' Court division of the Court of Common Pleas in the county where the will was probated. A self-proving affidavit, contemporaneous attorney involvement, and clean execution dramatically reduce the odds of a successful contest.

Question 8

Does a Pennsylvania will avoid probate?

Accepted Answer

No — a will is the document that gets probated. Avoiding probate requires assets to pass by some other mechanism: revocable living trust, joint ownership with right of survivorship, beneficiary designations, or transfer-on-death registrations. The will is the backstop for everything not titled to pass automatically.

Wills in Pennsylvania

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