Last Wills & Testaments in Pennsylvania

Pennsylvania law (20 Pa.C.S. § 2502) requires that a valid will be in writing, signed by the testator, and witnessed by two individuals. Pennsylvania does not recognize oral (nuncupative) wills or holographic wills (handwritten, unwitnessed) except in very limited military circumstances.

What a Will Does

• Names an executor to manage your estate
• Designates guardians for minor children
• Specifies how your assets are distributed
• Makes specific gifts of property or cash (specific bequests)
• Can establish testamentary trusts for beneficiaries who need managed distributions
• Can waive the surety bond requirement — saving your estate significant expense

What a Will Does NOT Do

• Does not avoid probate — wills must be probated through the Register of Wills
• Does not control assets with beneficiary designations (life insurance, retirement accounts, POD accounts)
• Does not control jointly-held property with rights of survivorship
• Does not avoid Pennsylvania inheritance tax

Revoking or Modifying a Will

A will can be revoked by executing a new will that expressly revokes all prior wills, or by physically destroying the original with the intent to revoke. Minor changes can be made by executing a codicil — a written amendment with the same formalities as the will itself. However, for anything beyond the simplest change, a new will is usually cleaner and less likely to create ambiguity. Pennsylvania law also provides for automatic partial revocation in certain circumstances: if you divorce after making a will, all provisions for your ex-spouse are revoked automatically under 20 Pa.C.S. § 2507(2) — but merely separating, without a final divorce decree, does not revoke anything.