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How to Make a Will in Pennsylvania (2026 Guide)

A will made in Pennsylvania must be signed by you and by 2 witnesses to be valid. Yes (20 Pa. Cons. Stat. § 3132.1). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Pennsylvania will covers, generated from the same rules.

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Pennsylvania will requirements at a glance

Witnesses required2
Self-proving affidavitYes
Notary required for the willNo
Notary for the affidavitYes
Holographic wills recognizedYes
Electronic wills recognizedNo
Remote witnessing allowedNo
Community property stateNo
Personal property memorandumNo
No-contest clauseLimited
Will execution statute20 Pa. Cons. Stat. § 2502
Financial POA statute20 Pa. Cons. Stat. § 5601 et seq. (powers of attorney, as amended by Act 95 of 2014)
Healthcare directive statute20 Pa. Cons. Stat. § 5421 et seq. (living wills) and § 5451 et seq. (health care agents and representatives); optional combined form at § 5471

Witnesses

Two witnesses. Pennsylvania requires only that the will be in writing and signed by the testator at the end; witnesses are required at signing only if the testator signs by mark or another person signs for the testator (20 Pa. Cons. Stat. § 2502). However, to be admitted to probate the will must be proved by the oaths of two witnesses to the signature (20 Pa. Cons. Stat. § 3132), so this service requires two adult attesting witnesses who watch the testator sign and then sign themselves; the self-proving affidavit (20 Pa. Cons. Stat. § 3132.1) removes the need to locate them later. Pennsylvania does not void a gift to a witness, but use witnesses who take nothing under the will to avoid challenge. Everyone should sign together in one sitting.

Do you need a notary in Pennsylvania?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (20 Pa. Cons. Stat. § 3132.1). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Pennsylvania

  1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
  2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. Pennsylvania requires only that the will be in writing and signed by the testator at the end; witnesses are required at signing only if the testator signs by mark or another person signs for the testator (20 Pa. Cons. Stat. § 2502). However, to be admitted to probate the will must be proved by the oaths of two witnesses to the signature (20 Pa. Cons. Stat. § 3132), so this service requires two adult attesting witnesses who watch the testator sign and then sign themselves; the self-proving affidavit (20 Pa. Cons. Stat. § 3132.1) removes the need to locate them later. Pennsylvania does not void a gift to a witness, but use witnesses who take nothing under the will to avoid challenge. Everyone should sign together in one sitting.
  3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
  4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (20 Pa. Cons. Stat. § 3132.1). Many people sign the will and the affidavit at the notary's office in one sitting.
  5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. Pennsylvania does not provide for lifetime deposit of a will with the Register of Wills; after death, the person holding the will must deliver it to the Register (20 Pa. Cons. Stat. § 3131).
  6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take one-third of the property listed in the statute, which includes the probate estate and certain lifetime transfers such as revocable trusts and joint property (20 Pa. Cons. Stat. §§ 2203 to 2211). The spouse also receives the family exemption of $3,500 (20 Pa. Cons. Stat. § 3121).

Homestead

No special restriction on devising a homestead by will; Pennsylvania has no general homestead exemption, and the family exemption is $3,500 (20 Pa. Cons. Stat. § 3121).

If you die without a will in Pennsylvania

If you die without a will in Pennsylvania, your spouse takes everything if you leave no issue and no parents. If you leave parents but no issue, or if all of your issue are also your spouse's, the spouse takes the first $30,000 plus half of the balance. If any of your issue are not your spouse's, the spouse takes half (20 Pa. Cons. Stat. §§ 2102, 2103). With no spouse, everything passes to issue, then parents, then siblings and their issue. More on intestacy.

Other estate-planning documents in Pennsylvania

  • Durable financial power of attorney: 20 Pa. Cons. Stat. § 5601 et seq. (powers of attorney, as amended by Act 95 of 2014). A power of attorney must be dated and signed by the principal (or by another at the principal's direction in the principal's presence), acknowledged before a notary public, and signed by two adult witnesses who are not the agent or the notary (20 Pa. Cons. Stat. § 5601(b)). The instrument must include the statutory notice signed by the principal, and the agent must sign the statutory acknowledgment before acting (20 Pa. Cons. Stat. § 5601(c), (d)). Record it with the recorder of deeds before using it for real estate.
  • Advance healthcare directive: 20 Pa. Cons. Stat. § 5421 et seq. (living wills) and § 5451 et seq. (health care agents and representatives); optional combined form at § 5471. A living will and a health care power of attorney must each be signed and dated by the principal (or by another at the principal's direction) and witnessed by two adults; a person who signed on the principal's behalf may not be a witness, and a health care provider or its agent may not witness a document for a patient in its care (20 Pa. Cons. Stat. §§ 5442, 5452). Notarization is not required. The statutory combined form is optional.
  • HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
  • Personal property memorandum: None — not authorized by statute; gifts of tangible property should be made in the will itself.

Pennsylvania notes

  • Pennsylvania requires the will to be signed at the end (20 Pa. Cons. Stat. § 2502); anything written below the signature is disregarded.
  • Pennsylvania does not require witnesses for a valid will, but two witnesses are needed to prove it at probate (20 Pa. Cons. Stat. § 3132); sign before two witnesses and complete the self-proving affidavit.
  • Pennsylvania does not recognize a separate personal property memorandum; list gifts of specific items in the will itself.

Frequently asked questions

How many witnesses does a will need in Pennsylvania?

Pennsylvania requires 2 witnesses (20 Pa. Cons. Stat. § 2502). Two witnesses. Pennsylvania requires only that the will be in writing and signed by the testator at the end; witnesses are required at signing only if the testator signs by mark or another person signs for the testator (20 Pa. Cons. Stat. § 2502). However, to be admitted to probate the will must be proved by the oaths of two witnesses to the signature (20 Pa. Cons. Stat. § 3132), so this service requires two adult attesting witnesses who watch the testator sign and then sign themselves; the self-proving affidavit (20 Pa. Cons. Stat. § 3132.1) removes the need to locate them later. Pennsylvania does not void a gift to a witness, but use witnesses who take nothing under the will to avoid challenge. Everyone should sign together in one sitting.

Does a will need to be notarized in Pennsylvania?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Pennsylvania have a self-proving affidavit?

Yes (20 Pa. Cons. Stat. § 3132.1). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Pennsylvania?

Yes, Pennsylvania recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in Pennsylvania?

A surviving spouse cannot be completely disinherited. The spouse may elect to take one-third of the property listed in the statute, which includes the probate estate and certain lifetime transfers such as revocable trusts and joint property (20 Pa. Cons. Stat. §§ 2203 to 2211). The spouse also receives the family exemption of $3,500 (20 Pa. Cons. Stat. § 3121).

What happens if I die without a will in Pennsylvania?

If you die without a will in Pennsylvania, your spouse takes everything if you leave no issue and no parents. If you leave parents but no issue, or if all of your issue are also your spouse's, the spouse takes the first $30,000 plus half of the balance. If any of your issue are not your spouse's, the spouse takes half (20 Pa. Cons. Stat. §§ 2102, 2103). With no spouse, everything passes to issue, then parents, then siblings and their issue.

Is a no-contest clause enforceable in Pennsylvania?

A provision penalizing an interested person for contesting the will is unenforceable if probable cause exists for instituting the proceeding (20 Pa. Cons. Stat. § 2521).

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Statutes cited are for reference and may have been amended. This page is general information, not legal advice.