Updated June 29, 2022
A Pennsylvania last will and testament is a legal document used for estate-planning purposes that is instrumental in determining how a testator (the person creating the will) wishes for their assets to be distributed after their death. A will document provides detailed information regarding the portion of the estate each beneficiary shall receive and any additional conditions the testator wishes to stipulate. Beneficiaries are typically family, friends, children, and even charitable organizations– but the testator can name any individual or entity as a beneficiary of their estate. Wills must be signed by the testator in the presence of two (2) witnesses in order to be legally executed in the Commonwealth of Pennsylvania. Notarization can be sought to add an additional layer of legal protection; this is optional, however. The testator may revoke or change their will at any time.
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Laws
Definition – (Title 20 § 102) – “Will” means a written will, codicil, or other testamentary writing.
Signing Requirements (Title 20 § 2502) – If the Testator is unable to sign his/her name, leaving any kind of mark as a substitute will suffice. Whether it’s a signature or a mark, there must be two (2) Witnesses to attest the Testator’s signature and sign the will themselves in the Testator’s presence.
Statutes – Title 20 (Decedents, Estates, and Fiduciaries)
Video
How to Write
Step 1 – Establish a Testator by entering the testator’s name on the first line at the top of the form, then enter the following:
- The name of the Testator
- Their City and County
- Testator must review the remainder of the paragraph
- Review the information in “Expenses and Taxes”
Step 2 – Appointment of Executor–
- Select and enter the name of the executor and enter
- Their City
- Their County
- AND
- The State of the executor’s residence
Alternate Executor – Should the initial executor become unable or unwilling for any reason, to serve as the initial chosen executor to the estate, an alternative executor should be selected and named. Select an alternate and enter:
- The name of the alternate
- City of residence
- County
- State
Step 3 – Disposition of Property to Beneficiaries –
Beneficiary Information:
- Enter the full name
- Address
- Relationship to testator
- Enter the last four digits of the beneficiaries SSN
- Provide the lists of property being bequeathed to each beneficiary
The Testator must review the information pertaining to how property is distributed in the event any beneficiary dies before the testator
Step 4 – Testator, review the following sections:
- Omission
- Bond
- Discretionary Powers of Personal Representative
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures – All signatories must be present together to sign this document. Enter the following:
- The testator’s name
- The date of testator’s signature
- Signature of testator
- Testator’s printed name
Witnesses – The witnesses must read the brief statement and provide the following –
- Date the document – dd/mm/yyyy
- The name of the testator
Witness 1 –
- Signature
- Address
Witness 2 –
- Signature
- Address
Step 6 – Testament Affidavit – All parties must review then enter the following:
- State
- County
- Name of testator
- Name of Witness 1
- AND
- Name of Witness 2
- AND ENTER
- Testator’s Signature
- 1st Witness Signature
- AND
- 2nd Witness Signature
Step 7 (Optional) – Notarization – The notary public will witness all signatures and complete the document.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF