How to Make a Will in Pennsylvania

Making a will in Pennsylvania is a seamless process; an adult with a sound mind can make a will. The will should be in writing; the testator can handwrite, type, or make it by engaging  LegalPen, a reputable online will-writing company. It is important to have a will as it ensures your legacy, property and assets are taken care of even after you pass on. 

To create a will that is valid in Pennsylvania, contact LegalPen today. 

What are the Steps to Create a Will in Pennsylvania

To create a will in Pennsylvania, here are the steps you should follow: 

1. Decide the property you want to include in your will
2. Make a list of your property, assets
3. Make a list of your beneficiaries
4. Choose an executor who will be in charge of the administration of your estate
5. Choose a guardian for your children
6. When  you have a pet, choose a guardian for your pet
7. Choose a reputable will-writing company such as LegalPen to create a valid will for you.
8. Execute the will in the presence of at least two witnesses who are not beneficiaries of your will.

What Happens if I Don’t Have a Will?

When you die and do not have a will in Pennsylvania, your estate and property will be subjected to the Pennsylvania Intestate Succession Law. The intestate succession law stipulates who will receive a share of your estate once you die without a will. When you die without writing a will, the intestate succession laws provide your property to be bequeathed to your close relatives.

To avoid intestacy rules, you can engage the will writing services of the LegalPen. 

What are the Requirements for Writing a Last Will and Testament in Pennsylvania?

The requirements for writing a last will and testament in Pennsylvania are:

1. The testator must be 18 years old or older;
2. They must be individuals of sound mind and reasoning, and 
3. The will must be in writing. 

How Often Should Your Review and Update Your Pennsylvania Will?

You should review and update your will every quarter. We recommend that you revise and update the will using the services of a professional. LegalPen, an online writing service, offers revision and update services to our clients.

How to revise and update your will in Pennsylvania

You can revise or update a will by amending the will using an instrument known as a codicil. A codicil is a change or an addition to your will. The codicil must follow the same rules as a valid will. It is advisable to revise and update your will every quarter.

What Makes a Will Valid in Pennsylvania?

20 Pa. Cons. Stat. § 2501 states the elements that make a will valid in Pennsylvania. The testator must be:

1. An individual 18 years of age or older; 
2. Of sound mind and reasoning; and 
3. The will must be in writing. 

Can a Handwritten Will Be Valid in Pennsylvania?

Yes, a handwritten will is valid in Pennsylvania. There is no legal requirement that the will be typed. Do it yourself wills, handwritten wills and typed wills can be accepted by the probate courts as long as they are signed by the testator. 

How Do I Sign My Pennsylvania Will?

You sign a Pennsylvania will at the end of your will. Any words after your signature do not have legal effect and will be considered not to form part of the will.  In Pennsylvania, signing the will to be witnessed is not a legal requirement unless one cannot sign the will by themselves ( 20 Pa. Cons. Stat. § 2502.).   Moreover, to make the will self-proving, you may sign the will in the presence of two witnesses, and in the notary’s presence, the testator and the witnesses can sign affidavits to state that you signed the will in the presence of the witnesses. 

What Can I Include in an Online Will in Pennsylvania?

A person intending to create an online will in Pennsylvania can include: 

1. Listing Assets: the list of your assets may include land, real estate, appliances, digital assets
2. Appointing an executor: an executor will administer your estate on your behalf upon your demise. 
3. Listing beneficiaries: your spouse, child, father, mother, siblings of your close relatives. 
4. Choosing a guardian for your minor children who will be responsible for caring for them, including looking after their health and education. 
5. Allocating specific bequests
6. Making provision for digital assets
7. Specifying outstanding debts and liabilities
8. Stipulating funeral and burial instructions

Types of assets covered in a Pennsylvania will

The types of assets one can cover in Pennsylvania will include:

1. Personal Property: antiques, vehicles, sentimental items, jewelry, pets, personal items, furniture, and appliances.

2. Digital Assets: YouTube accounts, online accounts, social media, and other logins.

3. Real Property such as land. 

In addition to knowing assets that should be in a will, it is important to know assets that do not belong in a will, such as jointly owned property and life insurance policies. 

Can I Revoke or Change My Will in Pennsylvania?

Yes, you can revoke or change your will in Pennsylvania. For change or revocation to be considered proper, it must be done in accordance with the law. 

How do you Revoke or change your will in Pennsylvania?

According to 20 Pa. Cons. Stat. § 2505, you can revoke your will by:

1. Ordering someone else to burn, tear, cancel, obliterate, or destroy your will in front of you and two other witnesses; 
2. Burning, tearing, canceling, obliterating, or destroying with the intent to revoke it.
3. Making another will that revokes your old one, or
4. Write another piece that says it revokes your old one while following the same formalities you used to make your original will.

Besides revoking your will by the ways stipulated above, marriage after making a will revokes the will. Additionally, divorce revokes a will unless the will expressly state that divorce will not revoke the will.  You can change your will by revoking the old one and making a new one. Further, you can make changes to your will by way of a codicil. The codicil will be made using the same formalities as making the will. 

Can I Make a Digital or Electronic Will in Pennsylvania?

Yes, you can make a digital or electronic will in Pennsylvania. The team at LegalPen can help you create a digital will that is valid. 

Who can Witness a Will in Pennsylvania?

The people who can witness your will in Pennsylvania include friends, neighbors, coworkers, an attorney, or your relatives. To qualify as a witness, one must be:

1. An adult above 18 years

2. They should not be beneficiaries of the will. 

Should My Will Name an Executor?

Yes, your will should name an executor. The executor ensures that your wishes are carried out as stated in the will.When you do not name an executor in your will, the probate court will appoint someone to be an executor upon your demise. 

What are the Pennsylvania will executor requirements?

For one to be an executor in Pennsylvania ((20 Pa. Cons. Stat. § 3156 (2024), they must be:

1. At least 18 years old;

2. Be of sound mind- that is, not adjudged incapacitated by a court.

In Pennsylvania, no law prohibits naming an executor previously convicted of a felony. 

You can name a corporation as an executor so long they are authorized to act as a fiduciary in Pennsylvania. 

What Happens to a Will After Death in Pennsylvania?

After death, the executor named in the will files for probate in the Probate court in the court where the deceased was residing. The will goes through a probate process, and then the property is distributed according to the provisions in the will. 

What is the Impact of Marriage and Divorce on Your Pennsylvania Will

In Pennsylvania, the Law in 20 Pa. Cons. Stat. § 2507. provides that divorce has the effect of revoking a will. Unless the governing document says otherwise, a divorce, including a judicial separation or annulment of marriage in Pennsylvania, revokes any revocable disposition or property appointment made to the former spouse.

Similarly, marriage revokes a will.  

Do all wills in Pennsylvania have to go through probate?

Yes, all wills have to go through probate. The probate process is conducted in the probate court, where the decedent lived before his death. 

Is Pennsylvania a community property state?

No, Pennsylvania is a non-community property state. Upon dissolution of marriage the property is distributed equitably as opposed to equally. Equitable distribution connotes that the court takes into account other factors such as contribution to the property acquisition, the parties’ interests and their needs and wants. 

How is Pennsylvania intestate succession done?

Intestate succession in Pennsylvania is done in accordance with the Intestate Succession Laws. When one dies without leaving a will or leaves behind an invalid will, their property will be divided among close relatives such as spouses, children, and spouses. When no surviving children or spouses exist, the property is devolved to the decedent’s parents. 

How is Estate and Inheritance Tax in Pennsylvania Done?

Inheritance tax is imposed on the transfer of taxes in Pennsylvania. The taxes vary depending on the relationship of the beneficiary to the decedent as follows:

1. Spouses, children (age 21 or younger), and parents are exempt from inheritance tax.

2. Lineal heirs, such as grandchildren and in-laws, are charged a 4.5% tax rate.

3. Siblings are charged 12%.

4. All other beneficiaries, such as friends and distant relatives, face a 15% tax rate.  

Moreover, tax exemptions may apply in certain circumstances depending on the estate’s value.

What are the Differences Between a Simple Will and Testamentary Trust Will in Pennsylvania 

A simple will is a document made by a testator that details their wishes that will be executed upon their death whereas a testamentary trust is a subset of a will that is prepared in accordance to the provisions of the last will. A testamentary trust is set up to manage the assets on the beneficiaries’ behalf.  You can get these and all other types of wills from LegalPen today.