Estate Planning · Wills and Probate
Wills in Pennsylvania: Requirements, Types, and How They Work
Dying without a valid will in Pennsylvania means the state decides who inherits your estate: not you. A will that is improperly executed, unwitnessed, or lacks a self-proving affidavit can create proof problems at probate, delay administration, and increase the risk of a challenge.
Without a valid will, Pennsylvania’s intestacy statute controls who inherits your estate, and the result may bear no resemblance to what you intended. An unmarried partner receives nothing, and family members inherit in fixed shares determined by law.
A valid will in Pennsylvania must be in writing and signed by the testator at the end of the document under 20 Pa.C.S. § 2502. For practical estate planning, a will should also be signed in the presence of two witnesses and include a notarized self-proving affidavit under 20 Pa.C.S. § 3132.1 to allow admission to probate without witness testimony.
A will directs who receives your property, names the executor who will carry out those directions, and (if you have minor children) designates a guardian. Pennsylvania’s requirements for a valid will are straightforward, but the consequences of getting them wrong, or of dying without one, are not. Understanding what makes a will valid, what it controls, and how it is challenged is the starting point for anyone considering their estate plan, including the trust vs will in Pennsylvania question. For a comparison of will-based and trust-based estate planning structures, see our page on wills and trusts in Pennsylvania. For broader guidance on estate planning documents, see our page on Estate Planning and Probate.
At Lebovitz & Lebovitz, P.A., we assist clients throughout Allegheny County with wills, trusts, powers of attorney, healthcare directives, and complete estate planning. We draft documents that reflect each client’s intentions precisely, execute them correctly, and coordinate them with the rest of the estate plan.
A will that does not meet Pennsylvania’s requirements may be invalid: an invalid will is the same as no will at all.
Execution errors, capacity issues, and undue influence are the most common grounds for challenge. If you have a will that has not been reviewed recently, or need one drafted, call 412-351-4422 or schedule a consultation.
What Is a Will in Pennsylvania?
A will is a legal document that directs who receives your property after you die, names the executor who administers your estate, and designates a guardian for minor children.
A will is a legal document that directs who receives your property after you die, names the executor who will administer your estate, and (if you have minor children) designates a guardian to raise them. In Pennsylvania, a valid will must be in writing, signed by the testator (the person making the will), and meet the requirements of 20 Pa.C.S. § 2502. The will takes effect only at death and can be changed or revoked at any time while the testator is alive and competent.
A will controls only assets that pass through the probate estate, meaning property owned solely in the testator’s name without a beneficiary designation. Assets with beneficiary designations (life insurance, retirement accounts, payable-on-death accounts) and jointly owned property with right of survivorship pass outside the will and are not governed by its terms. Without a will, Pennsylvania’s intestacy statute controls distribution, and the result may bear no resemblance to what the decedent would have chosen.
Pennsylvania Requirements for a Valid Will
A valid Pennsylvania will requires the testator to be at least 18 years old and of sound mind, with the document signed by the testator and two witnesses who also sign in the testator’s presence. Wills in Pennsylvania control asset distribution at death, name guardians for minor children, and designate executors, though beneficiary designations and jointly owned property pass outside the will regardless of its terms.
Under 20 Pa.C.S. § 2502, Pennsylvania’s will execution statute, a valid will must be in writing and signed by the testator at the end of the document. Pennsylvania does not recognize oral wills or electronic wills. If the testator cannot physically sign, the will may be signed by another person at the testator’s direction, in the testator’s presence, and in the presence of two witnesses who sign a statement confirming they witnessed the directed signature. In Pennsylvania, a will does not technically require witnesses to be valid if the testator signs the document, but a will without witnesses creates significant probate problems. The Register of Wills may require proof that the signature is authentic through testimony from someone familiar with the testator’s handwriting, affidavits, or a hearing. For that reason, Pennsylvania wills are almost always executed in the presence of two witnesses and should include a self-proving affidavit, a notarized statement signed by the testator and the witnesses at the time of execution. A will with a self-proving affidavit is admitted to probate without additional testimony. Notarization of the will document itself is not required; only the affidavit is notarized.
A Pennsylvania will does not require notarization to be valid: the testator’s signature alone is sufficient under 20 Pa.C.S. § 2502. However, notarization is required to create a self-proving will under 20 Pa.C.S. § 3132.1, which permits admission to probate without requiring the witnesses to appear in person to prove their signatures.
The testator must have testamentary capacity at the time of execution, meaning they must be at least eighteen years old, understand the nature and extent of their property, know the natural objects of their bounty (family members and others they would naturally consider), understand the nature of making a will, and be able to form an orderly plan for the distribution of their estate. Testamentary capacity is judged at the moment the will is executed, not before or after. A diagnosis of Alzheimer’s disease or dementia does not automatically establish lack of capacity. A person may have lucid intervals during which a validly executed will is entirely proper. What matters is whether, at the specific moment of signing, the testator could understand the nature of the act and form the required mental elements. Capacity is presumed when a will is properly executed; the burden of proving lack of capacity rests on the person challenging the will. Evidence of capacity typically includes testimony from the attorney who supervised the execution, the witnesses who were present, and medical records from around the time of execution.
Types of Wills in Pennsylvania
Pennsylvania recognizes several types of wills, though not all are equally reliable in practice.
A typewritten or printed will, properly signed and executed with a self-proving affidavit, is the standard form used in attorney-prepared estate plans. It is the most reliable type and the least susceptible to challenge.
A holographic will is a will entirely handwritten and signed by the testator. Pennsylvania law does not void a holographic will on its face: a signed handwritten document can be admitted to probate, but it is the form of will most likely to generate problems. Witnesses cannot confirm the circumstances of execution, capacity, or the absence of undue influence. No self-proving affidavit exists to streamline probate. Disputes over whether the handwriting is authentic, whether the testator had capacity, and whether someone exerted improper influence are substantially more common with holographic wills precisely because nothing was done at execution to prevent them. A handwritten will is a last resort when no other option exists: not a planning choice.
A codicil is an amendment to an existing will. It must meet the same execution requirements under 20 Pa.C.S. § 2502 as a will. When a testator wants to make a limited change (updating a bequest, changing an executor), a codicil can accomplish that without drafting an entirely new will. However, when changes are substantial or the existing will is old, replacing the entire document is usually cleaner and reduces the risk of conflicts between the will and the codicil.
Pennsylvania does not currently recognize electronic wills. The will must be a physical, paper document signed in ink.
What a Will Controls and What It Does Not
A will controls the distribution of assets that pass through the probate estate (property owned solely in the testator’s name without a beneficiary designation). A will does not control assets that pass outside of probate by operation of law or by contract. Life insurance payable to a named beneficiary, retirement accounts with designated beneficiaries, jointly owned property with right of survivorship, and accounts with payable-on-death or transfer-on-death designations all pass according to those designations regardless of what the will says. For why beneficiary designations override a will in Pennsylvania, see our detailed explanation.
This distinction matters. A testator who leaves everything to a spouse in the will but has named a child from a prior relationship as the beneficiary on a life insurance policy will find that the life insurance goes to the child, not the spouse, regardless of the will’s language. Coordinating beneficiary designations with the estate plan is as important as the will itself, as is addressing digital assets in your Pennsylvania will. For guidance on how TOD and POD accounts interact with a will, see our article on TOD, POD, and joint accounts in Pennsylvania.
A will can also name a guardian for minor children. For parents of young children, this is often the most important function of the will. Without a named guardian, the court appoints one, a process that can be contested and that removes the parents’ ability to direct who will raise their children.
Dying Without a Will in Pennsylvania
A person who dies without a valid will dies intestate. Pennsylvania’s intestacy statute determines who inherits and in what shares. The results are fixed by statute and do not bend to what the decedent would have wanted.
If the decedent is survived by a spouse and no children and no parents, the spouse inherits the entire estate. If the decedent is survived by a spouse and children who are also children of that spouse, the spouse receives the first $30,000 plus one-half of the remaining estate; the children share the other half. If the decedent is survived by a spouse and children from a prior relationship, the spouse receives one-half of the estate with no $30,000 preference; the prior children share the other half. If the decedent is survived by a spouse and a parent but no children, the spouse receives the first $30,000 plus one-half of the remaining estate. An unmarried partner, regardless of the length or nature of the relationship, receives nothing under Pennsylvania’s intestacy laws. Stepchildren who were not legally adopted receive nothing. The distribution is controlled entirely by 20 Pa.C.S. § 2101, which makes no allowance for the decedent’s actual intentions or the nature of family relationships that exist outside of legal marriage or adoption.
For a complete breakdown of Pennsylvania’s intestacy rules including blended families, stepchildren, and the treatment of unmarried partners, see our page on intestate succession in Pennsylvania.
How to Contest a Will in Pennsylvania
A will may be challenged on several grounds. The most common are lack of testamentary capacity and undue influence.
Lack of capacity means the testator did not meet the legal standard at the time of execution, not simply that they were elderly or suffering from dementia, but that at the specific moment of signing they could not form the mental elements required. A diagnosis of Alzheimer’s disease does not automatically establish lack of capacity; a person may have lucid intervals during which a validly executed will is entirely proper. Undue influence means that a person in a position of trust or authority over the testator overcame the testator’s free will and substituted their own wishes for the testator’s. Undue influence is distinct from ordinary persuasion or the natural influence of a close relationship: it requires that the testator’s independent judgment was overwhelmed. Evidence of undue influence typically includes isolation from other family members, dependence on the beneficiary for care or finances, and a will that departs sharply from the testator’s prior expressed intentions or from what would be expected given the family structure. A will contest must be filed in the Register of Wills in the county where the will was probated. The deadline to file a caveat (a formal objection) is generally one year from the date of probate, though the timeline for a full challenge may vary depending on the circumstances and the discovery of the grounds for challenge.
Online Wills and DIY Wills in Pennsylvania
Online will services produce documents that may be valid in Pennsylvania but frequently contain execution errors or planning gaps that surface only at probate. The most common problems are not the questions the form asks; they are the questions it does not ask: whether beneficiary designations on retirement accounts and life insurance conflict with the will’s provisions, whether jointly owned property passes by survivorship regardless of what the will says, whether a named executor is capable of serving, whether a guardian designation has a backup appointment, and whether the execution instructions were followed precisely enough to produce a self-proving will. An execution error does not announce itself. The document looks complete. The problem surfaces at probate, after the testator is gone and nothing can be fixed.
A will is not expensive to have drafted correctly. The problems with a defective document surface at probate, after the testator is gone and nothing can be corrected. Having it done properly from the start is the only reliable option.
Changing or Revoking a Will in Pennsylvania
A will can be changed or revoked at any time while the testator is alive and competent. The most common method of change is a codicil, a formal written amendment that modifies specific provisions without replacing the entire document. A codicil must be executed with the same formalities as the original will. For substantial changes, drafting a new will that expressly revokes all prior wills is typically cleaner and avoids the interpretive problems that can arise when a will and one or more codicils must be read together.
Under 20 Pa.C.S. § 2505, a will is revoked by a later will or codicil that expressly revokes it, or by a later will whose provisions are inconsistent with the earlier will to the extent of the inconsistency. Pennsylvania also recognizes revocation by physical act: burning, tearing, canceling, obliterating, or destroying the will with the intent to revoke it. The intent to revoke must accompany the physical act. A will that is accidentally destroyed is not revoked. A will that is found mutilated or partially destroyed after the testator’s death may raise a presumption of intentional revocation, which the proponent of the will must overcome.
Marriage and divorce both affect an existing will under Pennsylvania law. Under 20 Pa.C.S. § 2508, property left to a former spouse in a will executed before divorce is treated as if the former spouse predeceased the testator; the bequest lapses. A will should be reviewed and updated after any significant life event, including marriage, divorce, the birth or death of a beneficiary, or a substantial change in assets.
Storing Your Will and What Happens If It Is Lost
Pennsylvania requires the original signed will for probate. A photocopy does not suffice. A will that cannot be located when the testator dies triggers a presumption of revocation under Pennsylvania law.
Under Pennsylvania law, a will that was last known to be in the testator’s possession and cannot be found after death is presumed to have been destroyed with the intent to revoke it. That presumption can be overcome, but the burden is high: clear and convincing evidence that the will existed, that its contents can be established, and that it was not destroyed intentionally. Petitioning to probate a lost will is expensive, time-consuming, and frequently contested by beneficiaries who stand to benefit from intestacy. The outcome is uncertain even with strong evidence.
The original will should be kept somewhere the executor can find it and retrieve it without difficulty. A safe deposit box creates its own problem: access is typically restricted after the box holder’s death until the estate is formally opened, which requires the very document that is locked inside. An attorney’s office, a fireproof home safe, or the Register of Wills vault (Allegheny County offers secure will storage) are better options. Whatever the location, the executor must know where the original is before it is needed. A will that exists but cannot be retrieved in time is nearly as problematic as a will that was never executed.
Pennsylvania probate proceedings are governed by the Probate, Estates and Fiduciaries Code in Pennsylvania statutes. Estate administration is handled through the Pennsylvania Unified Judicial System in the Register of Wills and Orphans’ Court.
Frequently Asked Questions About Wills in Pennsylvania (FAQ)
Does a will need to be notarized in Pennsylvania?
A Pennsylvania will does not require notarization to be valid: the testator’s signature alone is sufficient under 20 Pa.C.S. § 2502. However, notarization is required to create a self-proving will under 20 Pa.C.S. § 3132.1, which permits admission to probate without requiring the witnesses to appear in person to prove their signatures.
Does a will need witnesses in Pennsylvania?
In Pennsylvania, a will does not technically require witnesses to be valid; the statute requires only that the will be in writing and signed. However, a will without witnesses creates probate difficulties because the Register of Wills may require proof of the signature. Standard practice is to execute the will before two witnesses with a self-proving affidavit, which allows admission to probate without additional testimony. Witnesses are legally required only when the testator signs by mark or directs another person to sign for them.
What happens if you die without a will in Pennsylvania?
Pennsylvania’s intestacy statute directs your estate to your closest relatives in an order and proportion fixed by law. An unmarried partner receives nothing. Stepchildren who were not legally adopted receive nothing. The distribution may bear no resemblance to your actual wishes.
Can you contest a will in Pennsylvania?
Yes. Common grounds for a will contest include lack of testamentary capacity at the time of execution and undue influence. A caveat must be filed in the Register of Wills. The deadline is generally one year from the date of probate.
Are handwritten wills valid in Pennsylvania?
A signed handwritten will is not automatically void in Pennsylvania and may be admitted to probate. But the absence of witnesses and a self-proving affidavit makes it the form of will most likely to be challenged and most difficult to defend. Handwriting authenticity, capacity, and undue influence disputes are substantially more common with holographic wills than with properly witnessed and notarized documents. A handwritten will is a last resort, not a substitute for a properly executed estate plan.
Does a will override a beneficiary designation in Pennsylvania?
No. Beneficiary designations on life insurance, retirement accounts, and payable-on-death accounts control those assets regardless of what the will says. Assets with beneficiary designations pass outside of probate and are not governed by the will.
Can you change a will after it is signed in Pennsylvania?
Yes. A will can be amended by a codicil or replaced entirely by a new will at any time while the testator is alive and competent. A new will should expressly revoke all prior wills to avoid ambiguity. A will can also be revoked by physically destroying it with the intent to revoke. Pennsylvania law also provides that a bequest to a former spouse lapses automatically after divorce, but the will should still be updated to reflect changed circumstances.
What is testamentary capacity in Pennsylvania?
Testamentary capacity means the testator must be at least eighteen years old, understand the nature and extent of their property, know the natural objects of their bounty, understand the nature of making a will, and be able to form an orderly plan for distribution. Capacity is judged at the moment of execution. A diagnosis of dementia does not automatically establish lack of capacity if the testator had a lucid interval at the time of signing.
Lebovitz & Lebovitz, P.A. · A Pittsburgh Law Firm Est. 1933. Serving Pittsburgh and southwestern Pennsylvania.
This page relates to our work in Estate Planning and Probate. For trusts, powers of attorney, and coordinated estate planning, see wills and trusts in Pennsylvania. For what happens when someone dies without a will, see intestate succession in Pennsylvania. For executor duties after a will is probated, see executor duties in Pennsylvania. For Pennsylvania inheritance tax obligations triggered by a will, see Pennsylvania inheritance tax.