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Pennsylvania Will Requirements: Making a Valid Will
Pillar GuidePennsylvania12 min read

Pennsylvania Will Requirements: Making a Valid Will

Pennsylvania will requirements explained: age 18 and sound mind, signing at the end, no witnesses at signing, two witnesses to prove at probate, self-proving.

By Settled Editorial

Pennsylvania will requirements are shorter than most people expect, and that surprises a lot of families. The state asks for a writing, your signature at the end, and not much else at the moment you sign. The catch comes later, at probate, when the county Register of Wills needs two witnesses to prove the will before it can take effect. Miss that planning step and a valid signing can still turn into a slow, contested probate.

This guide covers who can make a will, the signature-at-the-end rule, the witness distinction that trips up so many Pennsylvania wills, the self-proving acknowledgment, how to revoke or update a will, common mistakes, and what happens if you leave no valid will. The rules live in Chapter 25 of Title 20 of the Pennsylvania Consolidated Statutes, with the probate proof rules in Chapter 31. Use this as a planning map, not as legal advice.

Who Can Make a Will in Pennsylvania

Pennsylvania keeps the threshold short. Under 20 Pa.C.S. § 2501, "Any person 18 or more years of age who is of sound mind may make a will."

That gives you two tests.

Age

You must be at least 18 years old when you sign. A will signed before your eighteenth birthday is not valid in Pennsylvania, with no exception built into this statute.

Sound Mind

Sound mind, also called testamentary capacity, is judged at the moment you sign. Courts ask whether you understood that you were making a will, knew the general nature and extent of your property, and knew the people who would normally inherit from you. A diagnosis of dementia or another condition does not by itself mean you lacked capacity. The question is your understanding during the signing.

The Signature-at-the-End Rule

Pennsylvania law sets out a plain form. Under 20 Pa.C.S. § 2502, "Every will shall be in writing and shall be signed by the testator at the end thereof." Two parts of that sentence carry weight: the will must be written, and your signature must come at the end.

The "at the end" requirement is not a technicality. Anything you write after your signature has no legal effect. The statute says the presence of any writing after the signature, whether added before or after execution, "shall not invalidate that which precedes the signature." So a gift you scribble below your name does not count, even though it does not destroy the rest of the will. Put every provision above your signature, then sign once at the bottom.

Signing by Mark

If you cannot sign your name for any reason, you can make a mark instead. The mark counts as a valid signature only if your name is written near it and you make the mark in the presence of two witnesses who sign their own names to the will in your presence (20 Pa.C.S. § 2502).

Signing by Another Person

If you cannot sign your name or make a mark, another person can sign your name for you. That works only if the other person signs in your presence and at your express direction, and you declare the document to be your will in front of two witnesses who then sign their names in your presence (20 Pa.C.S. § 2502).

Notice what those two backup methods share: each one pulls in two witnesses at signing. That is the exception, not the rule, and it leads straight into the part of Pennsylvania law that confuses the most people.

The Witness Distinction: None at Signing, Two to Prove at Probate

This is the Pennsylvania quirk to get right. Many guides state it backward.

When you sign your own name at the end of a typed or handwritten will, Pennsylvania does not require any witnesses at the time you sign. 20 Pa.C.S. § 2502 asks only for a writing signed by you at the end. A will you sign alone, with no one watching, is validly executed under Pennsylvania law. The repealed witness statute that once governed attestation, former § 2504, is no longer the controlling rule, and the current validity-of-execution rule sits in 20 Pa.C.S. § 2504.1.

The requirement for two witnesses shows up later, at probate. To admit your will, the county Register of Wills relies on 20 Pa.C.S. § 3132, which says a will "shall be proved by the oaths or affirmations of two competent witnesses." Someone has to come forward after your death and swear to facts that establish the will, such as your signature.

So the two stages pull in opposite directions. Nothing stops you from signing alone today. But two witnesses must prove the will after you die. If you sign with no witnesses present, the people who later prove your will are usually witnesses to your signature, meaning they can identify your handwriting and confirm you signed. That is harder to arrange than it sounds, because memories fade and people move or pass away.

The practical answer is to sign in front of two adults and have them sign as witnesses too, even though the law does not strictly require it at signing. Those two signatures give the Register of Wills the proof it needs under § 3132 and set you up for the self-proving step below. Skipping witnesses at signing is legal, and it is also how a clean will turns into a probate headache.

Self-Proving Acknowledgment and Why It Helps

A self-proving will is the strongest add-on you can attach. Without it, the two witnesses your estate needs under § 3132 may have to appear in person to testify, which is hard if a witness has died, moved, or cannot be found. With it, the Register of Wills can accept the will on the signed paperwork alone.

20 Pa.C.S. § 3132.1 sets up the self-proving process. You acknowledge before a notary or other authorized officer that you signed the document as your will willingly and as your free and voluntary act. Each of your two witnesses then signs an affidavit swearing they were present, saw you sign and execute the will, and that you appeared to be of sound mind and of full age. The officer certifies it under an official seal.

The statute says an affidavit made this way "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." In plain terms, you front-load the proof at signing so no one has to track down a witness years later. The self-proving paperwork does not replace witnesses; it locks in their sworn statements while everyone is available. For a typed Pennsylvania will, there is rarely a good reason to skip it.

Revoking and Updating a Will

Pennsylvania lets you revoke a will, but only in set ways. Under 20 Pa.C.S. § 2505, you revoke a will or codicil either by writing or by a physical act.

By writing means a later will or codicil, or another writing that declares the revocation and is executed and proved in the manner a will requires. By physical act means burning, tearing, canceling, obliterating, or destroying the will, with the intent to revoke it, done by you or by someone in your presence and at your express direction. If another person does the destroying, two witnesses must prove your direction.

So telling family you changed your mind does not revoke a will, and scribbling a note in the margin does not either. The cleanest path for a major change is a brand-new will that expressly revokes all prior wills. A codicil works for small edits, but it has to meet the same signing rules as a will.

Some life events change a will by operation of law. Under 20 Pa.C.S. § 2507, if you divorce after signing your will, any provision in favor of your former spouse becomes ineffective for all purposes unless the will shows you meant it to survive a divorce. The same section gives a spouse you marry after signing the will the share they would have received under intestacy, unless the will gives more or was made in contemplation of that marriage. These rules are safety nets, not a substitute for updating the document.

Good times to review a Pennsylvania will include marriage, divorce, the birth or adoption of a child, the death of a beneficiary or your named executor, a large change in your assets, a move into or out of the state, and a general check every three to five years. A will handles your estate after death, so most plans also pair it with a Pennsylvania power of attorney for incapacity while you are living.

Common Mistakes That Cause Problems

A few errors come up again and again when a Pennsylvania will runs into trouble.

  • Signing alone with no witnesses. It is legal at signing, but it leaves no one ready to prove the will under 20 Pa.C.S. § 3132. Sign in front of two adults who also sign.
  • Skipping the self-proving acknowledgment. Without it, witnesses may have to appear in person at probate. 20 Pa.C.S. § 3132.1 lets you lock in their sworn statements early.
  • Putting gifts after your signature. Anything below your name has no effect under 20 Pa.C.S. § 2502. Sign once, at the very end.
  • Relying on an oral will. Pennsylvania repealed its nuncupative will statute, former § 2503, so spoken wishes carry no legal force.
  • Informal revocation. Margin notes or a verbal change do not revoke a will under 20 Pa.C.S. § 2505.
  • Forgetting a divorce. A divorce voids gifts to a former spouse under 20 Pa.C.S. § 2507, which can surprise heirs if the will is never updated.
  • Skipping the residuary clause. Property your will never mentions can pass by intestacy, which defeats your plan.

What Happens With No Valid Will

A will has no legal effect in Pennsylvania until the county Register of Wills admits it to probate. If there is no valid will, or the will fails for a missing step, the estate passes under the state's intestate succession rules, where a surviving spouse, children, parents, and other relatives inherit by a fixed formula that may not match what you wanted. The Pennsylvania intestate succession guide shows how those shares work.

After a valid will is admitted, the named executor applies for letters testamentary so banks, buyers, and record holders accept their authority. From there the estate moves through the steps in the Pennsylvania probate guide, on the schedule in the Pennsylvania probate timeline, starting at the office covered in the Pennsylvania Register of Wills guide. To find the right county office, use the Pennsylvania county directory.

Frequently Asked Questions

Does a Pennsylvania will need witnesses at signing?

No. When you sign your own name at the end, 20 Pa.C.S. § 2502 does not require witnesses at the moment of signing. Two witnesses are required later to prove the will at probate under 20 Pa.C.S. § 3132, so signing in front of two witnesses anyway is the smart move.

Does a Pennsylvania will have to be notarized?

The will itself does not need a notary to be valid. A self-proving acknowledgment under 20 Pa.C.S. § 3132.1 does use a notary, and since it makes probate easier, most typed Pennsylvania wills end up notarized.

Is a handwritten will valid in Pennsylvania?

Yes, if you write it and sign it at the end under 20 Pa.C.S. § 2502. It still needs two witnesses to prove it at probate, and adding a self-proving acknowledgment helps.

Can I write my own will and skip a lawyer?

You can, but homemade wills often miss the proof step or leave gaps that cause disputes. A Pennsylvania attorney can confirm the will is valid and arrange the self-proving paperwork.

Related Pennsylvania Guides

Settled is not a law firm and does not give legal advice. This guide is general information about Pennsylvania will requirements, not advice for your situation. For decisions about your own will, talk to a licensed Pennsylvania attorney, and verify county filing steps with your local Register of Wills.

Sources:

Last updated June 2026.

Information current as of June 10, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Pennsylvania can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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