Do You Need a Lawyer to Write a Will in Pennsylvania? (2026)

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The short answer is no. Pennsylvania does not require you to hire a lawyer to make a valid will, and it never has. The law that governs will execution, 20 Pa.C.S. Section 2502, asks for only two things: the will must be in writing, and you must sign it at the end.1 There is no requirement that an attorney draft it, review it, or be present when you sign.

That said, "you are allowed to do it yourself" and "you should always do it yourself" are two different statements. A simple estate can be handled with a clean handwritten will. A complicated one often benefits from professional advice. This article walks through both sides so you can decide honestly which situation is yours.

What Pennsylvania actually requires

Pennsylvania is unusually forgiving about how a will is made. A wholly handwritten will, often called a holographic will, is fully recognized here on the same terms as a typed one.1 You do not need witnesses for the will to be valid, and you do not need a notary. The single most important Pennsylvania-specific rule is the signature placement: your signature must appear at the end of the document. Anything written below your signature is generally disregarded, so the signature is the last thing on the page.2

The one rule most people get wrong: sign at the very end.

Write out all of your gifts and instructions first, then sign underneath everything. If you remember an extra bequest after signing and squeeze it in below your name, a Pennsylvania court can treat that added text as if it were never there. Finish the substance, then sign last.

Witnesses at signing versus witnesses at probate

This trips people up, so it is worth separating clearly. No witnesses are required for your will to be valid. However, after your death the will has to be proved before the county Register of Wills, and proving it normally requires two people to confirm your signature under oath.2 Pennsylvania lets you avoid that step by making the will "self-proved," which involves signing before a notary along with witnesses so no one has to be tracked down later. A self-proving will is not required, but it makes the eventual probate smoother.

When doing it yourself is perfectly fine

For a large share of ordinary Pennsylvanians, a straightforward will covers everything they need. Do-it-yourself is a reasonable choice when your situation looks like this:

  • Your estate is modest and mostly cash, a home, and personal belongings.
  • Your family structure is simple, for example everything goes to a spouse, and then to your children equally.
  • You are not trying to disinherit anyone or set unusual conditions on gifts.
  • You do not own a business or real estate in another state.
  • You want a clear, valid document in place now rather than putting it off for another year.

A common reason people write a will at all is to override Pennsylvania's default rules. If you die without a will, the intestacy statute decides who inherits, and the outcome surprises many couples. A surviving spouse does not automatically take everything: where there are children who are also children of that spouse, the spouse receives the first $30,000 plus one half of the remaining estate, and the children share the rest.3 If some children are not the surviving spouse's, the spouse takes one half with no $30,000 preference.4 A simple will lets you choose a different split. Our step-by-step guide, how to write a will in Pennsylvania, walks through the exact language, and our will builder assembles a Pennsylvania-compliant document for you.

When you should talk to an estate attorney

A lawyer is not a formality tax. In the right circumstances the advice genuinely protects your family from disputes and taxes that a template cannot anticipate. Consider seeing an estate planning attorney if any of these apply:

  • Blended family. Children from a prior relationship, a second marriage, or the wish to provide for a spouse and also preserve assets for your own children. These plans are where homemade wills most often go wrong.
  • A business. Succession, buy-sell terms, and keeping a company running through probate need real planning.
  • Out-of-state property. Real estate you own outside Pennsylvania can trigger a separate probate in that state and deserves coordinated advice.
  • Trusts. A minor child, a family member with a disability, or a desire to control when and how heirs receive money usually calls for a trust rather than an outright gift.
  • A larger or complex estate. Significant assets, tax exposure, or complicated holdings justify tailored drafting.

You cannot fully disinherit a spouse in Pennsylvania. A surviving spouse has a statutory right to an "elective share" of one third of certain property, no matter what your will says.5 If your plan involves leaving little or nothing to a spouse, get legal advice before you rely on the document.

The middle ground

These are not all-or-nothing choices. Many people prepare a solid handwritten will now so their wishes are documented immediately, then have an attorney review it or build a fuller plan when finances or family change. A valid will today is far better than a perfect will that never gets written. The mistake is not "doing it yourself." The mistake is leaving no will at all and letting the intestacy statute decide.4

Where to keep it

Pennsylvania has no statewide lifetime registry for wills. During your lifetime you keep the original yourself, somewhere safe and findable, and after your death it is filed with the Register of Wills in the county where you lived, whether that is Philadelphia, Pittsburgh, Allentown, Harrisburg, or anywhere else in the Commonwealth. Tell your executor exactly where the original is. A will no one can find does no good, and a photocopy is much harder to probate than the signed original.

Sources

  1. 120 Pa.C.S. Sec. 2502 (Form of will), Pennsylvania General Assembly (legis.state.pa.us)
  2. 2Does a Will Need Witnesses to Be Valid? Marshall, Parker & Weber (paelderlaw.com)
  3. 320 Pa.C.S. Sec. 2102 (Share of surviving spouse), Pennsylvania General Assembly (legis.state.pa.us)
  4. 4Intestate Succession in Pennsylvania, Nolo (nolo.com)
  5. 520 Pa.C.S. Sec. 2203 (Right of election of surviving spouse), Pennsylvania General Assembly (legis.state.pa.us)
Max Kuch

About the author

Max Kuch

Max Kuch writes about estate planning, wills and inheritance for Pennsylvania Will Template. He gathers the rules from the Pennsylvania statutes and the leading public data, then explains them in plain, accessible language so anyone can put their wishes in writing.

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Frequently asked questions

The draft itself is a template, not yet a valid will. Under 20 Pa.C.S. Sec. 2502, Pennsylvania recognizes a wholly handwritten (holographic) will. To make it valid you must copy the finished text out entirely in your own handwriting and sign it at the end. Once you do that in your own hand and sign at the end, it meets Pennsylvania's requirements. A printout that you only sign is weaker, so the safe path is to write the whole thing by hand yourself.

Pennsylvania gives full effect to a holographic will, meaning a will written and signed entirely in the testator's own hand. No witnesses are required for the will to be valid. Copying it out by hand is what turns our template into a will the law recognizes. Your own handwriting is also strong evidence that the document is genuinely yours, which helps when it is presented to the Register of Wills. Take your time, write clearly, and sign at the end.

Pennsylvania has no forced heirship, so you are free to leave children out and direct your property as you choose. A spouse is treated differently. Under 20 Pa.C.S. Sec. 2203, a surviving spouse who is disinherited can file an elective share and claim one third of certain estate property, and that right stands even if your will says otherwise. So you can write a spouse out on paper, but the law still lets that spouse elect to take one third. If your family situation is delicate, state your intentions clearly and consider legal advice.

Keep the signed original somewhere safe and dry, such as a home fireproof box or a bank safe deposit box, and make sure your executor knows exactly where it is. Pennsylvania has no statewide lifetime registry where you file a will while you are alive. After your death, the original is taken to the Register of Wills in the county where you lived so it can be probated. Because the original is what gets filed, protecting it and telling your executor is the most important step.

We recommend against a single shared document. A holographic will in Pennsylvania must be entirely in one person's handwriting and signed at the end by that person, so two people cannot both handwrite and sign the same will. The clean approach is two separate mirror wills, one written and signed by each spouse, that reflect the same plan. Each of you copies out and signs your own, and each stays valid and changeable on its own.

Yes. A will only takes effect at death, so you can revise it at any time while you are alive and of sound mind. The simplest way is to handwrite a fresh will, sign it at the end, and physically destroy the old one so there is no confusion about which is current. Avoid squeezing changes in below your signature, because anything written after the end signature in Pennsylvania is generally not given effect. Review your will after major life events like a marriage, divorce, birth, or a large purchase.

No. This service helps you produce a clear, well structured draft to copy out by hand, but it is not legal advice and does not replace an attorney. If your estate is large, you own a business, you have blended family issues, property in more than one state, or you expect disputes, have a Pennsylvania attorney review your plan. For a straightforward estate, a carefully handwritten will signed at the end can serve you well.

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