How to Write a Will in Pennsylvania

This is general information, not legal advice. Laws vary by state, and your specific situation may require professional guidance from a licensed Pennsylvania attorney.

Pennsylvania's requirements for a valid will are governed by the Probate, Estates and Fiduciaries Code (Title 20). The core rules are straightforward: you must be at least 18 years old, of "sound mind" (legally called "testamentary capacity"), and the will must be signed by you in the presence of two adult witnesses who also sign the document.

Here is what most articles skip: Pennsylvania does recognize holographic wills — wills entirely handwritten and signed by the testator — but the evidentiary standard to prove one is valid after death is steep. Witnesses are not required for a holographic will, but if anyone contests it, the burden of proof falls on the people trying to enforce it. That fight, in probate court, costs far more than a properly witnessed will ever would have.

Pennsylvania does not require wills to be notarized to be valid. However, adding a "self-proving affidavit" — a notarized statement from your witnesses — is one of the smartest low-cost upgrades you can make. It allows the court to admit the will without tracking down witnesses years later. Worth the extra 20 minutes at a notary's office.

Most people imagine will-writing as a simple task with a single path. It isn't. The right approach depends heavily on what you own, who you're leaving it to, and how your assets are currently titled.

Scenario 1: Single person with modest assets. A basic will directing personal property, bank accounts, and a vehicle is genuinely manageable with a quality DIY platform. The risk here is not the document itself — it's what the document misses. If your bank account has a joint owner or a payable-on-death (POD) beneficiary, the will doesn't control that account at all. Every time I've seen a family dispute erupt over a "simple" estate, it started with exactly this mismatch.

Scenario 2: Married with children. A married Pennsylvania resident should think carefully about how property is titled. Pennsylvania recognizes "tenancy by the entireties" for married couples — meaning jointly owned property passes automatically to the surviving spouse regardless of what the will says. Your will governs what's left after that transfer. If you have minor children, naming a guardian in the will is not legally binding in Pennsylvania (courts make that determination), but it carries significant persuasive weight.

Scenario 3: Blended families or unmarried partners. This is where DIY tools break down fast. Pennsylvania intestacy laws — the default rules when someone dies without a will — do not recognize unmarried partners at all. They inherit nothing. A will is the only mechanism to provide for them. Blended families add another layer: biological children versus stepchildren, prior estates, and potential conflicts between beneficiaries. Attorney involvement here isn't optional. It's the difference between your wishes being honored and your estate becoming a courtroom argument.

Pennsylvania has a few quirks worth knowing before you finalize anything.

First: Pennsylvania imposes an inheritance tax — not an estate tax — on most transfers at death. The rate depends on the relationship between the deceased and the beneficiary. Transfers to a surviving spouse are taxed at 0%. Children and grandchildren pay 4.5%. Siblings pay 12%. All other beneficiaries pay 15%. Transfers to charities are exempt. This is not a federal issue — it's Pennsylvania-specific, and it affects how you might want to structure gifts and beneficiary designations.

Second: the state does not have a statutory "pour-over" mechanism that automatically funds a trust from your estate unless you explicitly draft it that way. If you want a revocable living trust — common for people trying to avoid probate — the will must include specific pour-over language directing assets into the trust at death.

Third: Pennsylvania allows for a written statement or list to be incorporated by reference for personal property (jewelry, furniture, collectibles). This can be updated without re-executing the entire will. Most people don't know this exists, and it prevents the constant re-drafting that happens every time someone buys a new piece of art or wants to redirect a family heirloom.

• Inheritance tax rates: 0% (spouse), 4.5% (lineal heirs), 12% (siblings), 15% (all others)
• Holographic wills are legal but harder to prove in court
• Self-proving affidavits eliminate the need to locate witnesses after death
• Unmarried partners inherit nothing under intestacy — a will is the only protection
• Personal property memoranda can be updated without re-executing the will
• Pour-over language must be explicit if a revocable trust is involved

Honestly, this is where people make the most consequential tradeoff — and they often do it with incomplete information.

Timeline is rarely the problem. A basic will can be drafted, reviewed, and properly executed in one to two weeks if you're organized. Attorney-drafted complex plans typically take three to six weeks. The bottleneck is usually the client — gathering account information, making beneficiary decisions, and scheduling the signing appointment.

Quick note: Pennsylvania probate, when it's required, typically takes six to eighteen months for a straightforward estate. Estates with disputes, real property in multiple states, or business interests run longer. Proper planning — beneficiary designations, jointly titled assets, a funded trust — can substantially reduce what passes through probate at all.

The document is only half the battle. Execution — the formal signing ceremony — is where legally valid wills become legally invalid ones.

Pennsylvania requires the testator to sign the will in the presence of two witnesses who then sign in your presence. The witnesses don't need to read the will. They're attesting that you signed it, that you appeared to be of sound mind, and that you weren't under duress. What they cannot be: beneficiaries under the will. Using a beneficiary as a witness doesn't automatically void the will in Pennsylvania, but it can affect that beneficiary's inheritance — courts apply a "purging" doctrine that strips the interested witness of their bequest up to what they would've received under intestacy.

Use colleagues, neighbors, or friends who have no financial stake in the estate. That's the rule. It's simple, and I've seen people violate it out of convenience — asking a sibling who is also a beneficiary to witness because they were the one sitting at the kitchen table.

After signing: store the original somewhere retrievable. Pennsylvania courts require the original will, not a copy, for probate. A will in a safe-deposit box that no one can access after death creates its own crisis. Options include a fireproof home safe (with someone who knows the combination), your attorney's document vault, or the Register of Wills office in your county — Pennsylvania allows wills to be filed for safekeeping during the testator's lifetime under 20 Pa. C.S. § 2521.

Not every situation requires an attorney. But some situations absolutely do, and the cost of getting it wrong vastly exceeds the cost of professional help.

• You own a business or have a partnership interest — succession planning intersects with business law in ways that standard will templates don't address
• A beneficiary has a disability and receives government benefits — a standard inheritance can disqualify them from Medicaid or SSI; a special needs trust is required
• You've been married more than once with children from different relationships
• You own real property in multiple states — each state governs real estate within its borders, and a Pennsylvania will may need ancillary probate elsewhere
• You want to disinherit a spouse or child — Pennsylvania has elective share provisions that protect spouses regardless of will language
• Your estate exceeds $3–4 million — federal estate tax planning becomes relevant at that threshold

The one question to ask any Pennsylvania estate attorney before you hire them: "If my will is contested after I die, what provisions in this document are most vulnerable, and why?" An attorney who answers that question specifically — naming the legal theories (undue influence, lack of capacity, improper execution) and how the document addresses each — is someone who knows estate litigation, not just estate drafting. Those are different skills, and you want both in the room when your will is written.

• Business ownership or partnership interests
• Beneficiary receiving Medicaid, SSI, or other means-tested government benefits
• Blended family with children from multiple relationships
• Real property located in states other than Pennsylvania
• Intent to disinherit a spouse (elective share rules apply)
• Estate value approaching or exceeding federal estate tax threshold ($13.99 million in 2026)