If you're a resident of Pennsylvania and thinking about making a will, you should understand what a will is and how to make one. A last will and testament (more commonly known as a will) can help protect your family and your property.
A will can be used to:
Below you'll find an overview of what a will can do for you, what Pennsylvania laws require when you make a will, and what the process looks like.
Here's a quick checklist for making a will in Pennsylvania:
In Pennsylvania, if you die without a will, your property will be distributed according to state "intestacy" laws. Pennsylvania's intestacy law gives your property to your closest relatives, beginning with your spouse, children, and parents. This list continues with increasingly distant relatives, including grandchildren, siblings, grandparents, aunts and uncles, cousins, nieces, and nephews. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.
Yes. As long as you follow the legal requirements for making a will in Pennsylvania (see below), you can make your own will. Pennsylvania doesn't have a statutory will—a will template included in the state's statutes—for people to use to make a simple will. But you can make your own will in Pennsylvania, using Nolo's Quicken WillMaker & Trust.
You might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?
To make a will in Pennsylvania, you must be:
(20 Pa. Cons. Stat. § 2501 (2025).)
Will Makers are of sound mind if they understand and know:
(In re Glesenkamp Will, 107 A.2d 731 (Pa. 1954).)
You must make your will on hard copy. That is, it must be on actual paper. It can't be on an audio, video, or any other digital file. (Although, see "Can I Make a Digital or Electronic Will?," below.) Type and print your will using a computer, or you can use a typewriter.
To finalize your will in Pennsylvania, you must sign at the end of your will. Any words after your signature will have no legal effect and won't be part of your will.
Pennsylvania law doesn't require your will to be witnessed (unless you can't sign the will yourself or can sign only with a mark). (20 Pa. Cons. Stat. § 2502 (2025).)
Although witnesses aren't required to make your will valid, it's generally a good idea to have witnesses. They might be required at the time of probate (after you die) to "prove" your will to the probate court. Pennsylvania law allows you to avoid this hassle by making your will "self-proving." A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.
To make your will self-proving, you sign your will in the presence of two witnesses. Then, in a notary's presence, the three of you sign affidavits that state who you are and that you signed your will in the presence of the witnesses. The notary then notarizes your signatures, and you attach the affidavits to your will. (20 Pa. Cons. Stat. § 3132.1 (2025).)
No, in Pennsylvania, you don't need to notarize your will to make it legal. However, you'll need a notary if you want to make your will self-proving (see above).
In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal. Pennsylvania currently doesn't allow e-wills, but that might change in the future.
Yes. In Pennsylvania, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate. (20 Pa. Cons. Stat. § 3155 (2025).)
In Pennsylvania, you may revoke or change your will at any time. You can revoke your will by:
(20 Pa. Cons. Stat. § 2505 (2025).)
If you marry after you make your will, your spouse gets the spouse's share under Pennsylvania's intestate succession laws (see "What Happens If I Die Without a Will?," above). However, your new spouse will get the amount in the will if the will gives more than the intestate share or says that you were considering marriage to your spouse at the time you made it. (20 Pa. Cons. Stat. § 2507 (2025).)
If you and your spouse divorce or were in the process of divorce after you had established grounds for divorce (or if a court determines that your marriage isn't legal), Pennsylvania law revokes any language in your will that leaves property to your spouse or names your spouse to be your executor. This rule doesn't apply if you specifically state in your will that divorce won't affect the provisions in your will. (20 Pa. Cons. Stat. § 2507 (2025).)
If you have any concerns about the effects of divorce or marriage on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will – this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).
You can find Pennsylvania's laws about making wills here: Pennsylvania Consolidated Statutes Title 20 Decedents, Estates, and Fiduciaries Chapter 25 Wills.
To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.
If you're still looking for information, check out these answers to frequently asked questions on Pennsylvania wills.
No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Pennsylvania, consider other estate planning strategies like a living trust or joint tenancy.
The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Pennsylvania, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.
There are several options for places to store your will, and each has pros and cons. Some options are your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.
No. Your will doesn't need to be filed with the court or government until after your death. At that point, it will be filed to begin the probate process.
No. A will won't help you avoid estate taxes. Very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes.
Pennsylvania doesn't have an estate tax, but it does have an inheritance tax. An inheritance is paid by a person who inherits from an estate, while an estate tax is paid directly by the estate. If you're concerned about your loved ones paying an inheritance tax, you should speak with a Pennsylvania estate planning lawyer to see if there are ways to avoid or minimize the tax.
For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?
Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.
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