Pennsylvania's Requirements for a Will
Pennsylvania's Requirements for a Will
Log in
or
 Use Facebook account  Use Google account  Use Twitter account  Use Microsoft account
Register

or
 Use Facebook account  Use Google account  Use Twitter account  Use Microsoft account

Pennsylvania's Requirements for a Will

arrow-green-right

Summary of Pennsylvania's Will Requirements:

Minimum Age to Make a Will 18
Written Document Required Yes
Nuncupative Wills (Oral) No
Holographic Wills (Hand-Written, Unwitnessed) No
Number of Witnesses Required 2
Self-Proving Affidavit Allowed
Statutory Form for Self-Proving Affidavit Yes

 

 

arrow-green-right

Statutes Governing Pennsylvania's Will Requirements:

 

Who may make a will

Any person 18 or more years of age who is of sound mind may make a will.

Pennsylvania Consolidated Statutes, § 2501.

 

Form and execution of a will

Every will shall be in writing and shall be signed by the testator at the end thereof, subject to the following rules and exceptions:

1. Words following signature - The presence of any writing after the signature to a will, whether written before or after its execution, shall not invalidate that which precedes the signature.

2. Signature by mark - If the testator is unable to sign his name for any reason, a will to which he makes his mark and to which his name is subscribed before or after he makes his mark shall be as valid as though he had signed his name thereto; Provided, That he makes his mark in the presence of two witnesses who sign their names to the will in his presence.

3. Signature by another - If the testator is unable to sign his name or to make his mark for any reason, a will to which his name is subscribed in his presence and by his express direction shall be as valid as though he had signed his name thereto: Provided, That he declares the instrument to be his will in the presence of two witnesses who sign their names to it in his presence.

Pennsylvania Consolidated Statutes, § 2502.

 

Validity of execution

A will is validly executed if executed in compliance with section 2502 (relating to form and execution of a will), or in compliance with the law of the jurisdiction where the testator was domiciled at the time of the execution of the will or at the time of his death.

Pennsylvania Consolidated Statutes, § 2504.1

 

Self-proved wills

(a) Proof - Unless there is a contest with respect to the validity of the will, or unless the will is signed by mark or by another as provided in section 2502 (relating to form and execution of a will), an affidavit of witness made in conformity with this section shall be accepted by the register as proof of the facts stated as if it had been made under oath before the register at the time of probate.

(b) Acknowledgment and affidavits - An attested will may at the time of its execution or at any subsequent date be made self-proved by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of this Commonwealth or under the laws of the state where execution occurs, or made before an attorney at law and certified to such an officer as provided in subsection (c) and evidenced, in either case, by the officer's certificate, under official seal, attached or annexed to the will. A separate affidavit may be used for each witness whose affidavit is not taken at the same time as the testator's acknowledgement. The acknowledgement and affidavits shall in form and content be substantially as set forth in the Uniform Probate Code or as follows:

 

Acknowledgment

Commonwealth of Pennsylvania (or State of _______________) County of _______________

I, _______________, the testator whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; and that I signed it willingly and as my free and voluntary act for the purposes therein expressed.

Sworn to or affirmed and acknowledged before me by _______________ the testator, this ______ day of ________ 19____

____________________________
(Testator)

____________________________
(Signature of officer or attorney)
(Seal and official capacity of officer or
state of admission of attorney)

Affidavit

Commonwealth of Pennsylvania (or State of _______________) County of _______________

We (or I), ___________ and ____________, the witness(es) whose name(s) are (is) signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were (I was) present and saw the testator sign and execute the instrument as his Last Will; that the testator signed willingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the testator signed the will as a witness; and that to the best of our (my) knowledge the testator was at that time 18 or more years of age, of sound mind and under no constraint or undue influence.

Sworn to or affirmed and subscribed before me by _______________ and ______________, witness(es), this ______ day of ________ 19____

____________________________
Witness

____________________________
Witness

____________________________
(Signature of officer or attorney)
(Seal and official capacity of officer or
state of admission of attorney)

(c) Acknowledgment and affidavit taken before an attorney at law. - The acknowledgment of the testator and the affidavit of a witness required by subsection (b) may be made before a member of the bar of the Supreme Court of Pennsylvania or of the highest court of the state in which execution of the will occurs who certifies to an officer authorized to administer oaths that the acknowledgment and affidavit was made before him. In such case, in addition to the acknowledgment and affidavit required by subsection (b), the attorney's certification shall be evidenced by the officer before whom it was made substantially as follows:

Commonwealth of Pennsylvania (or State of _______________) County of _______________

On this, the ______ day of ______, 19____, before me _______________________, the undersigned officer, personally appeared ______________________, known to me or satisfactorily proven to be a member of the bar of the highest court of (Pennsylvania or the state in which execution of the will took place), and certified that he was personally present when the foregoing acknowledgment and affidavit were signed by the testator and witnesses.

In witness whereof, I hereunto set my hand and official seal.

____________________________
(Signature, seal and official capacity of officer)

Pennsylvania Consolidated Statutes, § 3132.1

[Refernece - Pennsylvania Requirements to Make a Will]

email this page