Creating a will is one of the most important steps you can take to protect your assets and ensure your loved ones are taken care of after your death. Without a will, your estate will be distributed according to Pennsylvania's intestacy laws — which may not reflect your wishes.
Requirements for a Valid Will in Pennsylvania
To create a valid will in Pennsylvania, you must be at least 18 years old and of sound mind — meaning you understand the nature and value of your assets and the effect of making a will.
Pennsylvania requires wills to be written (typed or handwritten). Oral wills are not recognized. While handwritten (holographic) wills are technically allowed, they must meet all other legal requirements and are highly discouraged due to potential challenges in probate.
The will must be signed by you — the "testator."
Step-by-Step Process
1. Take Inventory of Your Assets
Before drafting your will, list your assets: real estate, bank accounts, retirement accounts, investments, life insurance, vehicles, and valuable personal property.
2. Choose Your Beneficiaries
Decide who will inherit your assets. This can include family members, friends, charities, or other organizations.
3. Name an Executor
Your executor (personal representative) will be responsible for administering your estate. Choose someone trustworthy, organized, and willing to serve.
4. Name a Guardian for Minor Children
If you have children under 18, your will should name a guardian — someone who will care for them if both parents pass away.
5. Draft Your Will
While you can use online templates, working with an experienced estate planning attorney ensures your will is legally sound and customized to your needs.
6. Sign Your Will with Witnesses
Although Pennsylvania does not legally require witnesses for a will to be valid, it's best practice to have two disinterested adults witness your signature. You and your witnesses should sign in each other's presence.
7. Add a Self-Proving Affidavit
A self-proving affidavit is a notarized statement signed by you and your witnesses that confirms the validity of your will. This helps your executor avoid delays in probate court by eliminating the need for witnesses to testify after your death.
8. Store Your Will Safely
Place your signed will in a secure location — such as a fireproof safe or locked filing cabinet. Do not store it in a bank safety deposit box unless others can access it. Let your executor know where to find it.
When to Update Your Will
Review and update your will after major life events: marriage, divorce, birth of a child, death of a beneficiary, significant changes in assets, or a move to a new state.
Ready to create your will or update an existing one? Call Ament Law Group at (724) 733-3500 to schedule your consultation.
Need Help with Your Estate?
At Ament Law Group, P.C., we help Pennsylvania families protect their wealth and plan for the future. Whether you need a trust, will, or probate administration assistance, our team is here to guide you every step of the way.
Call us today at (724) 733-3500 to schedule your consultation.