How To Make a Will in Pennsylvania
Step-By-Step Guide for creating a Last Will and Testament In Pennsylvania
Introduction: What is a Will?
A will is a legal document specifying how your assets and property are distributed after your death. It also enables you to make crucial decisions like appointing guardians for minor children to ensure their well-being. Without a will, the state of Pennsylvania will decide how your estate is divided, which may not align with your wishes. By creating a will, you maintain control over these important decisions and safeguard your loved ones.
Laws for Creating a Will in Pennsylvania
When making a will in Pennsylvania, you must adhere to specific legal requirements. Failing to meet these criteria could result in your will being invalid, causing complications during probate. Below are the key legal requirements for creating a Will in Pennsylvania:
You must be at least 18 years old.
You must be of sound mind.
This means you understand what a Will is, what your assets are, and how you intend to distribute them.
Your Will must be in writing, and while witnesses are not legally required in Pennsylvania, it is strongly recommended to have two witnesses sign.
This helps establish the validity of the Will across other states and can streamline probate proceedings by making the Will self-proving, if notarized.
Handwritten (holographic) Wills are recognized if signed by the Testator, but Oral Wills are not valid in Pennsylvania.
By following Pennsylvania’s will laws, you can ensure your estate is distributed according to your wishes. If your will doesn’t meet these legal requirements, it could be contested or ruled invalid, leaving your estate’s distribution up to the court.
Step-by-Step:
How to Draft Your Will in Pennsylvania
1. Choose an Executor
Your executor is responsible for managing your estate, ensuring your will is carried out, and handling key tasks like distributing assets, settling debts, and completing the necessary legal procedures.
When selecting an executor, choose someone organized, trustworthy, and capable of managing these duties. Family members, close friends, or professional advisors are common choices.
It’s also a good idea to name a backup executor in case your primary choice cannot serve. This ensures continuity in carrying out your wishes.
2. Name a Guardian for Minor Children
If you have minor children (or plan to), it’s important to name a guardian to care for them in the event of your death. This guardian will make key decisions regarding their education, healthcare, and overall upbringing.
While naming a guardian is optional, it is essential for parents with minor children. Without a guardian named, the court may appoint someone, which may not align with your wishes.
It’s wise to name a backup guardian to ensure your children’s care if your primary choice is unable or unwilling to serve.
3. Name a Pet Carer
Pennsylvania allows you to include provisions in your will for the care of your pets. You can appoint someone to care for your pets and set aside resources for their maintenance, ensuring they are looked after when you’re no longer around.
While optional, this step is especially important for pet owners. Without a designated caretaker, your executor will be responsible for making decisions regarding their care, which may not reflect your specific wishes. Naming a caretaker ensures your pets are looked after according to your instructions.
4. Decide who inherits your Residual Estate
Your residual estate is what remains after specific gifts and expenses have been settled. You can designate one or more beneficiaries—such as family members, friends, or charities—to inherit the remaining assets. Be sure to clearly list their full legal names and specify the exact portion or share each will receive. It’s also wise to name alternate beneficiaries in case your primary choices are unable or unwilling to accept the inheritance, ensuring smooth and efficient distribution of your estate.
5. Gifting Specific Items
If you want to leave specific items—such as family heirlooms, jewelry, property, or cash—to certain individuals, you can specify these in your will. Be as detailed as possible to avoid confusion or disputes. Including item descriptions, appraisals, or serial numbers can provide clarity. Taking an inventory of your assets before drafting your will is a good practice to ensure all your belongings are properly accounted for and designated.
6. Any Additional Instructions or Provisions?
You can include optional instructions in your will, such as how you’d like your burial instructions or directions to sell specific assets. You may also wish to make certain gifts conditional or to be held in trust until beneficiaries reach a specific age.
Review Your Will
Confirming Roles in Your Will
Before finalizing your will in Pennsylvania, it’s essential to ensure that your chosen executors, guardians, and pet caregivers fully understand their roles and are willing to accept the responsibility. This helps reduce potential issues during the administration of your will.
It’s a good idea to confirm with both your primary and backup individuals to ensure they are prepared to carry out their duties if necessary.
Executors
Guardians
Pet Carers
Test Your Will
Before finalizing your will, it’s essential to carefully consider your wishes and plan for different scenarios, such as beneficiaries passing away before you or specific conditions not being met. This proactive approach ensures your estate is distributed according to your intentions, even in unexpected situations. Scenario testing allows you to visualize how changes could impact the distribution of your assets, helping you make informed decisions that align with your wishes.
Signing Your Will
Signing Your Will In Front of Witnesses
Once your will is drafted, the next critical step is printing and signing it.
Pennsylvania is unique in that you are not legally required to have witnesses sign, although it is strongly recommended to have two witnesses sign.
Witness Requirements
Pennsylvania does not legally require witnesses to sign the Will for it to be valid. However, having two witnesses is recommended as best practice because it helps validate the Will in other states and streamline the probate process.
These witnesses should be:
- Be at least 18 years old.
- Understand that they are witnessing the signing of your will.
- Both witnesses must sign the will after you have signed it, attesting that they were present and that you appeared to be of sound mind when signing.
Self-Proving Affidavit
To make the Will self-proving, the testator and witnesses must sign an affidavit in the presence of a notary. This eliminates the need for witness testimony in probate court.
Note: Witnesses can be named as beneficiaries in Pennsylvania, but this may lead to disputes, so its generally recommended to select disinterested witnesses.
Storing Your Will
Keep Your Will Safe
After your will is signed and witnessed, it’s important to store the original document securely. In Pennsylvania, only the original signed copy is legally binding, not a digital version. Losing or damaging it could cause complications and delay the distribution of your estate.
Here are some options for securely storing your will:
Store at Home
Use a fireproof safe and ensure your executor knows its location.
With an Attorney
Many attorneys offer secure storage for original wills.
Trusted Person
Entrust your will to a reliable family member or friend.
Although digital copies can be useful for reference, only the original signed document holds legal weight. Make sure your executor knows where to find it to avoid any legal complications and hassle.
FAQs: Making A Will in Pennsylvania
1. What Are My Options for Making a Will in Pennsylvania?
In Pennsylvania, there are several ways to create a will:
Hiring a Lawyer: Best for complex estates or when specialized legal advice is needed, such as estate tax planning or trusts.
Using an Online Platform: For straightforward estates, platforms like Will Hero offer an affordable, guided process for creating a legally valid will.
Handwritten Will (Holographic Will): While Pennsylvania doesn’t require witnesses for a valid will, it’s highly recommended to have two witnesses sign it. This can make probate easier and help ensure the will is valid across different states. Handwritten wills are recognized, but best practice includes having them witnessed for smoother legal processes.
2. Do I Need a Lawyer to Make a Will in Pennsylvania?
No, you don’t need a lawyer to create a valid will in Pennsylvania. For straightforward estates with simple instructions, you can use an online platform or draft the will yourself. However, if your estate is more complex, involving tax planning, trusts, or unique considerations, consulting an attorney can help ensure your will is comprehensive, legally sound, and fully compliant with Pennsylvania law.
3. Are Handwritten (Holographic) Wills Valid in Pennsylvania?
Yes, holographic wills are valid in Pennsylvania if they are written entirely in the testator’s handwriting and signed by the testator. However, unlike some states, Pennsylvania does not require witnesses for a handwritten will to be valid. That said, having witnesses is still recommended to make probate smoother and reduce potential challenges to the will. It’s important to ensure your will follows Pennsylvania law to avoid legal complications.
4. How Much Is the Inheritance Tax in Pennsylvania?
Pennsylvania has an inheritance tax, with rates based on the relationship between the deceased and the beneficiary:
- 0% for transfers to a surviving spouse, charitable organizations, or children under 21.
- 4.5% for transfers to direct descendants (children, grandchildren).
- 12% for transfers to siblings.
- 15% for transfers to other heirs (e.g., nieces, nephews, non-relatives).
This tax applies to both real and personal property. Additionally, estates exceeding the federal exemption threshold of $13.61 million (as of 2024) may be subject to federal estate taxes.
5. Do I Need to Notarize My Will in Pennsylvania?
No, you do not need to notarize your will in Pennsylvania for it to be legally valid. However, having your will notarized by creating a self-proving affidavit can make the probate process smoother. A self-proving affidavit requires the signatures of you and your witnesses in front of a notary, which eliminates the need for the witnesses to testify in court later to confirm the validity of the will. While notarization is not mandatory, it is recommended to streamline probate proceedings.
6. Can I Change My Will After It’s Signed?
Yes, you can change or update your will at any time as long as you are of sound mind. There are two primary methods:
- Add a Codicil: A codicil is a legal amendment to your existing will. It must be signed and witnessed just like the original.
- Create a New Will: Draft a new will that explicitly revokes all previous wills and codicils. Destroy old copies to avoid any confusion or disputes.
7. What Happens if I die without a Will?
If you die without a will in Pennsylvania, your estate will be distributed according to the state’s intestate succession laws. This means that the court will decide who inherits your assets based on a hierarchy of legal relatives. For example, if you’re married with children, your spouse and children will share your estate. If you have no close relatives, the estate could eventually go to more distant family members. Additionally, the court will appoint a guardian for any minor children, which may not align with your preferences. Creating a will lets you make these important decisions yourself.
8. What is Probate?
Probate is the legal process of validating a will and distributing a deceased person’s estate according to their wishes or Pennsylvania’s intestate succession laws if no will exists.
In Pennsylvania, the probate process typically follows these steps:
- Filing the Will: The executor files the will with the Register of Wills in the county where the deceased lived.
- Appointment of Executor/Administrator: The court formally appoints the executor (or administrator if no will exists).
- Inventory of Assets: The executor identifies, lists, and values the deceased’s assets.
- Paying Debts and Taxes: The executor ensures all debts, taxes, and final expenses are paid.
- Distributing Assets: Remaining assets are distributed according to the will or intestate laws if there’s no will.
- Closing the Estate: A final accounting is submitted to the court for approval, and the estate is closed.
Pennsylvania also offers a simplified process for small estates valued under $50,000 (excluding real estate), allowing heirs to bypass full probate with a small estate affidavit.
9. How Long Does Probate Take?
In Pennsylvania, the probate process typically takes around 9 months to 2 years, depending on the complexity of the estate. Simpler estates can be settled in less time, especially when there are no disputes or complications. More complex estates, or those with litigation or tax issues, can take longer. After the will is filed and the executor is appointed, there is a 9-month period to settle estate taxes, followed by asset distribution and the estate’s closure once all debts and obligations are settled.
10. Can Probate Be Avoided?
Yes, some assets in Pennsylvania can bypass probate through:
- Joint ownership with right of survivorship: Property held in joint tenancy passes directly to the surviving owner.
- Beneficiary designations: Life insurance policies, retirement accounts, and payable-on-death accounts avoid probate if beneficiaries are named.
- Living trusts: Assets transferred into a living trust pass to beneficiaries without probate. Ensure all relevant assets, like real estate and bank accounts, are moved into the trust.
These strategies help avoid probate delays and simplify the estate process.
Ready to Start your Will?
Taking the first step can be daunting, but Will Hero simplifies the process. Our platform provides a free, visual way to draft your will, clarify your wishes, and navigate estate planning with expert guides and an AI Assistant. Plus, you can use Scenario Testing to ensure your will covers various life situations. You only need to upgrade when you’re ready to finalize. At Will Hero, we aim to make will creation interactive, visual, and even enjoyable.
Start today and safeguard your legacy!