Last Wills & Testaments in Pennsylvania

Pennsylvania law (20 Pa.C.S. § 2502) requires only that a valid will be in writing and signed by the testator at the end . Unlike most states, Pennsylvania does not require witnesses at execution; a will signed by the testator alone is legally valid. However, every will must be proved at probate, typically by producing two competent witnesses to verify the testator's signature under oath (20 Pa.C.S. § 3132), which is why attorneys always have wills witnessed at the signing ceremony. A self-proving affidavit eliminates even this step in an uncontested probate. Pennsylvania does not recognize oral ( nuncupative ) wills. Because the base execution requirements are already minimal (writing + signature), Pennsylvania has no separate "holographic will" exception; a handwritten will that meets § 2502 is valid on the same terms as any other will.

The Practical Catch: Execution vs. Probate

While a witness-free will is legal, it creates a hurdle later. Here is why most lawyers still insist on witnesses:

• Proving the Will: When you pass away, the Register of Wills cannot simply take your word for it. They require two competent witnesses to verify your signature under oath (20 Pa.C.S. § 3132).
• Subscribing Witnesses: If you had witnesses sign when you did, they are "subscribing witnesses." They (or someone who can verify their handwriting) can confirm the will at probate, the simplest path.
• Non-Subscribing Witnesses: If you signed alone, your executor will have to find two people who can recognize your signature and testify to its authenticity after you are gone. This causes unnecessary delay and expense, and sometimes the will simply cannot be proved.
• Self-Proving Wills: Most modern Pennsylvania wills include a self-proving affidavit (20 Pa.C.S. § 3132.1). This is a notarized statement signed by you and two witnesses at the time of execution. Unless the will is contested, or was signed by mark or by another person for you, it allows the Register to accept the will without the witnesses needing to appear in person, the gold standard for hassle-free probate.

What a Will Does

• Names an executor to manage your estate
• Designates guardians for minor children (both of the person and of the estate)
• Specifies how your assets are distributed
• Makes specific gifts of property or cash (specific bequests)
• Can establish testamentary trusts for beneficiaries who need managed distributions
• Can waive the surety bond requirement, saving your estate significant expense

Naming Guardians for Minor Children

For parents with minor children, the guardian nomination may be the most important thing in the will. Pennsylvania distinguishes between two types of testamentary guardian, and understanding the difference matters for how you plan.

Guardian of the Person

Under 20 Pa.C.S. § 2519(a), the sole surviving parent (or sole adopting parent) of an unmarried minor child may appoint a testamentary guardian of the person. This is the person who will raise your child: making decisions about where they live, where they go to school, what medical treatment they receive, and how they are cared for day to day.

Two important limitations. First, only the sole surviving parent can make this appointment. If both parents are alive, the surviving parent has custody by operation of law and the will nomination has no effect. The nomination matters when both parents die simultaneously or when one parent has already died. Second, a parent who willfully neglected, refused to provide for, or deserted the child for a year or more before death loses the right to nominate a guardian of the person.

The nomination is not self-executing. Orphans' Court still must approve the appointment, but courts give strong deference to a parent's stated preference. Without a nomination, the court appoints whoever it considers most suitable, which may not be the person you would have chosen. See our guardianship article for how the court process works.

Guardian of the Estate

Under § 2519(b), any person (not just a parent) may appoint a testamentary guardian of the estate for property passing to a minor at their death. This is broader than guardian of the person: grandparents, aunts, uncles, or anyone leaving property to a minor can nominate someone to manage the financial side. The statute covers property devised in the will, life insurance proceeds, pension and death benefits, inter vivos gifts, and causes of action arising from the testator's death.

A guardian of the estate is a court-supervised fiduciary. They must file an inventory, must account whenever the court directs, and must get court approval before spending principal or selling real property. The guardianship terminates when the child turns 18, at which point the remaining assets are distributed outright, regardless of the amount.

When a Trust Is Better Than a Guardian of the Estate

For most families leaving significant assets to minors, a testamentary trust is a better vehicle than a guardianship of the estate. Here is why:

Age of distribution. A guardianship of the estate ends at 18. A trust can hold assets until 25, 30, or any age you choose. Most parents do not want an 18-year-old receiving a large inheritance outright.

Court oversight. A guardian of the estate needs court approval for many routine financial decisions. A trustee operates under the terms of the trust document, which allows faster, more flexible management without filing petitions.

Distribution flexibility. A trust can authorize the trustee to distribute funds for health, education, maintenance, and support at the trustee's discretion. A guardian of the estate has more limited authority and must justify expenditures to the court.

Cost. The accounting and court filing requirements for a guardianship of the estate generate ongoing legal fees. A trust generally costs less to administer over time, though the initial drafting cost is higher.

When a guardianship of the estate still makes sense: if the amount passing to the minor is modest (under $25,000 or so), a guardianship is simpler to set up and the ongoing court costs are minimal relative to the estate value. For amounts between $25,000 and roughly $50,000, a PUTMA custodianship (20 Pa.C.S. Chapter 53, the Pennsylvania Uniform Transfers to Minors Act) offers a middle path: less formal than a guardianship, no ongoing court supervision, and it ends at 21 unless the will specifies a later age, which Pennsylvania caps at 25 (20 Pa.C.S. § 5321). For larger amounts, a trust is almost always the right answer.

What a Will Does NOT Do

• Does not avoid probate: wills must be probated through the Register of Wills
• Does not control assets with beneficiary designations (life insurance, retirement accounts, POD accounts)
• Does not control jointly-held property with rights of survivorship
• Does not avoid Pennsylvania inheritance tax

Revoking or Modifying a Will

A will can be revoked by executing a new will that expressly revokes all prior wills, or by physically destroying the original with the intent to revoke. Minor changes can be made by executing a codicil , a written amendment with the same formalities as the will itself. However, for anything beyond the simplest change, a new will is usually cleaner and less likely to create ambiguity. Pennsylvania law also provides for automatic partial revocation in certain circumstances: if you divorce after making a will, any provision in favor of or relating to your ex-spouse becomes ineffective for all purposes under 20 Pa.C.S. § 2507(2), unless it appears from the will that the provision was intended to survive a divorce. The same statute also reaches a pending divorce; if you die during the course of divorce proceedings before a final decree is entered, but grounds for divorce have been established as provided in 23 Pa.C.S. § 3323(g), the provisions for your spouse likewise become ineffective. Mere separation, without either a final decree or established grounds in a pending divorce, does not revoke anything.

Probating a Will in Bucks County: What Actually Happens

When a Bucks County resident dies leaving a will, the named executor takes the original to the Register of Wills at 55 East Court Street, 6th Floor, in Doylestown. The executor signs an oath, the will is admitted to probate, and the Register issues letters testamentary. From that point forward, the executor has legal authority to act for the estate.

The required filings:

• Petition for Probate (RW-02): identifies the decedent, the will, the executor, and the estimated gross probate value.
• Original will: photocopies are not accepted; the original must be deposited.
• Certified death certificate.
• Pa.O.C. Rule 10.5 Notice to Beneficiaries: due within three months of the grant of letters; certification of notice filed within ten days after sending.
• Inventory (RW-09): due no later than the date the account is filed or the due date (including any extension) for the inheritance tax return, whichever is earlier, listing every probate asset and its date-of-death value (20 Pa.C.S. § 3301(c)).
• Pennsylvania Inheritance Tax Return (REV-1500): due nine months from death; 5% discount under 72 P.S. § 9142 if tax is paid within three months.
• Estate Notice Publication: three consecutive weekly publications, one in the Bucks County Law Reporter and one in a local newspaper of general circulation (20 Pa.C.S. § 3162).
• Pa.O.C. Rule 10.6 Status Report: due two years from death if administration is not complete, then annually.

Filing fees at the Bucks County Register of Wills are graduated by estate value, beginning at $50 for estates under $5,000, with $425 applying to the $200,001 to $300,000 bracket, plus $150 for each additional $100,000 or fraction thereof, plus $71.25 in mandatory state and county surcharges. The full schedule is on our Bucks County Register of Wills fee schedule page.

Frequently Asked Questions

Do I need witnesses to sign my will in Pennsylvania?

Not for execution. 20 Pa.C.S. § 2502 requires only writing and signature at the end. Witnesses are required to prove the will at probate under 20 Pa.C.S. § 3132 unless a self-proving affidavit is in place and the will is not contested. Practically, every will should be witnessed at signing.

Is a handwritten will valid?

Yes, if signed by the testator at the end. Pennsylvania has no separate holographic will rule because the base requirements are already minimal. A handwritten will that meets § 2502 is fully valid.

Can I write my own will without a lawyer?

You can. The risks are not in execution; they are in drafting. Common DIY mistakes include ambiguous bequests, unfunded contingencies (what happens if a named beneficiary dies first), missed tax planning, problems with personal-property allocation, and failure to coordinate with non-probate transfers (retirement accounts, life insurance, joint property). A poorly drafted will is sometimes worse than no will because it triggers probate disputes.

What is a pour-over will?

A pour-over will is used in conjunction with a revocable living trust. It directs that any asset not titled in the trust at death be poured into the trust to be distributed under the trust terms. See Will vs. Trust in Pennsylvania for when this pattern makes sense.

What if my original will cannot be found after I die?

Pennsylvania presumes a missing original was destroyed by the testator with intent to revoke. The presumption can be rebutted, and a copy can be probated, but the proceeding is harder, slower, and more expensive than probating the original. Keep the original in a known location: a fireproof safe at home, a safe deposit box (with executor access information), or with the drafting attorney.

Can I disinherit a child or spouse?

You can disinherit a child by clearly omitting them or expressly stating the intent to disinherit. A spouse usually cannot be fully disinherited; under 20 Pa.C.S. §§ 2203 and 2210, a surviving spouse has the right to elect against the will and take a one-third share of the elective estate. The spouse can waive that right, wholly or partly, before or after the marriage and even after death, most often in a prenuptial or postnuptial agreement (§ 2207). The right is also lost where the spouse willfully failed to support the decedent, or willfully and maliciously deserted the decedent, for a year or more, or where the decedent died during a divorce in which grounds had been established (§§ 2106, 2203(c), 2208). An election not filed within the time limit in § 2210(b) is deemed a waiver. See Spousal Election: Taking Against the Will.

Does my will affect my Pennsylvania inheritance tax?

Not directly. Inheritance tax (72 P.S. § 9116) applies based on the relationship between the decedent and the beneficiary, regardless of how the asset passes. A will controls who receives the asset; the rate (0% spouse, 0% to a child 21 or younger from a natural, adoptive, or stepparent, 4.5% other lineal, 12% sibling, 15% other) follows the relationship.

How often should I update my will?

Review whenever a major life change occurs: marriage, divorce, birth or adoption of a child, death of a beneficiary or executor, significant change in assets, or a move to a new state. A periodic five-year review is a good baseline even without a triggering event.

Related Pages

• Self-Proving Wills
• Will vs. Trust in Pennsylvania
• Intestacy: What Happens Without a Will
• Spousal Election
• Pretermitted Spouse
• Disinheriting Heirs and No-Contest Clauses
• The Probate Process in Bucks County
• Bucks County Register of Wills

Legal and factual content on this page was last verified: Aug. 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.