How is a Will considered properly executed in Pennsylvania?

Pennsylvania does not impose many requirements on the writer of the will (testator).  Any person who is over 18 years old, and of sound mind, may make a will.  20 Pa.C.S. § 2501. 

To execute a will, the writer of the will must sign it at the end.  Pennsylvania does not require witnesses, nor is there a requirement to sign the will in front of a notary.  Written by a person who is at least 18 years old, is of sound mind, and the will is signed at the end. 

However, there are legal requirements, then there are best practices to ensure the will is valid for probate purposes.  To ensure the will is self-proving for probate purpose it is generally advisable to:

1. Use two disinterested witnesses.  Disinterested is a person who is over 18 years old, and is not a beneficiary under the Will.

2. Execute a self-proving affidavit at the signing ceremony.

3. Have the testator sign at the end of the final version only.

4. Date the will, even though dating is not the core statutory requirement.

5. Avoid handwritten edits after execution.

6. Use a clear attestation and supervised signing ceremony.

7. Take extra care if the testator is infirm or needs assistance signing.

8. Keep the original in a secure, known location.

If you are looking to update your estate plan, or write one for the first time, please give our office a call to schedule a free consultation - 412-904-8885.

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