How to Make a Will in Pennsylvania: Requirements, Witnesses, and Execution Rules

Pennsylvania rejected over 2,100 wills for procedural defects in 2024 alone — not because the wishes were unclear, but because the signing process failed to meet the state's strict statutory requirements. A single misplaced signature can invalidate an entire document.

Here is exactly what Pennsylvania law requires, what trips people up, and how to execute a will that survives the Register of Wills without a challenge.

The Legal Requirements Under 20 Pa.C.S. § 2502

A valid Pennsylvania will must meet three non-negotiable requirements:

Written form. Pennsylvania does not recognize oral (nuncupative) wills or electronic wills. The document must be on paper — typed, printed, or handwritten.

Signed at the end. The testator must sign at the absolute physical end of the document. Any text appearing after the signature is legally void, though it does not invalidate the preceding content. This "end of document" rule catches people who add handwritten notes below their signature — those additions carry zero legal weight.

Testamentary capacity. The signer must be at least 18 years old and of sound mind, meaning they understand what property they own, who their natural heirs are, and what signing the document does.

That is the baseline. Witnesses are not technically required for a basic signed will — the testator's signature alone satisfies § 2502. But skipping witnesses creates a significant problem at probate.

Why You Should Always Use a Self-Proving Affidavit

Without witnesses, the Register of Wills requires two people familiar with the deceased's handwriting to come in and verify the signature before granting Letters Testamentary. This delays probate, and finding those people years later can be difficult or impossible.

The solution is a self-proving affidavit under 20 Pa.C.S. § 3132.1. The testator and two witnesses sign the affidavit before a notary, and it serves as prima facie proof of execution. The will is admitted to probate without any witness testimony.

Execution ceremony for a self-proving will:

1. The testator signs the will at the end of the document
2. Two adult witnesses sign the will (they must watch the testator sign or hear the testator acknowledge the signature)
3. The testator and both witnesses sign the self-proving affidavit before a notary public
4. The notary notarizes the affidavit

The notary cannot also serve as a witness. Neither witness can be the designated agent under any power of attorney in the estate plan.

Holographic (Handwritten) Wills: Legal but Risky

Pennsylvania permits handwritten wills. A holographic will is valid if it is signed at the end, just like any other will. The entire document does not need to be in the testator's handwriting — even a partially handwritten, partially typed will can be valid.

The risk is practical, not legal. Without a self-proving affidavit, the Register of Wills requires handwriting verification by two people. If the handwriting is ambiguous, or the people who can verify it have moved or passed away, the will may face delays or challenges at probate.

If you handwrite your will, attach a self-proving affidavit. There is no reason not to.

When Someone Cannot Sign

If the testator is physically unable to sign, Pennsylvania law provides two alternatives:

• Mark execution: The testator makes a mark (such as an X) in the presence of two subscribing witnesses who also sign
• Directed signature: Another person signs on behalf of the testator at the testator's express direction, in the presence of two subscribing witnesses

Both methods require the same capacity standards as a regular signature.

Updating Your Will: Codicils and Revocation

Any amendment to a will — called a codicil — must meet the identical execution and capacity standards of § 2502. A codicil that lacks a proper signature at the end is void.

When to update your will:

• After marriage or divorce (divorce automatically revokes provisions benefiting the former spouse under Pennsylvania law, but does not revoke the entire will)
• After the birth or adoption of a child
• After a significant change in assets (home purchase, inheritance, business formation)
• After a named executor, guardian, or beneficiary dies or becomes unavailable
• After moving to or from Pennsylvania (other states have different execution requirements)

Remarriage is a particularly dangerous trigger in Pennsylvania. If a testator executes a will and later marries, the new spouse becomes an "omitted spouse" under 20 Pa.C.S. § 2507, entitled to the full intestate share — potentially more than a third of the estate — unless the omission was clearly intentional.

Common Mistakes That Get Pennsylvania Wills Rejected

Signature not at the end. Text after the signature is void. If someone prints a will from a template and the signature line appears in the middle, everything below it carries no legal weight.

No self-proving affidavit. The will is still valid, but probate stalls while the Register of Wills locates people to verify the signature.

Witness is also the agent under a POA. This does not automatically invalidate the will, but it creates evidentiary problems if the will is challenged.

Using an electronic signature. Pennsylvania does not recognize e-signed wills. Online will platforms that generate PDFs must be printed and physically signed to be valid.

Failing to coordinate with beneficiary designations. A will only controls probate assets. Life insurance, retirement accounts, and jointly titled property pass outside the will — and those designations override anything the will says.

What Happens Without a Will

If a Pennsylvania resident dies without a valid will, the estate passes through intestacy under 20 Pa.C.S. § 2101. The distribution is rigid:

• Spouse only, no children or parents: spouse gets 100%
• Spouse plus children from the same marriage: spouse gets the first $30,000 plus 50% of the balance
• Spouse plus children from a different relationship: spouse gets exactly 50% — no $30,000 cushion
• Stepchildren: inherit nothing, regardless of how long the step-parent raised them

Pennsylvania is one of only six states with an inheritance tax that applies to every dollar of a transfer. Without a will, you lose the ability to structure bequests in ways that minimize the 4.5% (lineal), 12% (siblings), or 15% (others) tax rates.

Getting It Right the First Time

The Pennsylvania Basic Estate Planning Kit walks through the complete execution process — will signing, self-proving affidavit, coordinating beneficiary designations, and the inheritance tax implications of different bequest structures. Every template follows the strict requirements of § 2502.

A valid will costs nothing to sign. An invalid one can cost your family months of delay, thousands in legal fees, and the loss of your intended distribution.

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