Writing a will in Pennsylvania is more straightforward than most people expect. State law sets a short list of formalities, and it recognizes a wholly handwritten will, known as a holographic will, without any witnesses. This guide walks you through the holographic route step by step, explains the one requirement Pennsylvania cares about most (signing at the end), and covers the witnessed alternative so you can pick the path that fits your situation.
Everything below reflects Pennsylvania law only. If you own property or reside in another state, get local advice before you rely on this.
Is a handwritten will legal in Pennsylvania?
Yes. Under 20 Pa.C.S. Section 2502, every will must be in writing and signed by the testator at the end of the document.1 Pennsylvania does not impose a separate holographic-will rule, because its base requirements are already minimal: a document you write out entirely by hand and sign satisfies the statute, so a handwritten will is fully valid here.2
Pennsylvania is unusual in that it does not require witnesses for a will to be valid when you sign it.3 That is what makes the holographic route practical: you can create a legally valid will at your kitchen table, on your own, today.
The single most important Pennsylvania rule: your signature must appear at the end of the will. Anything written below your signature is generally disregarded. Sign last, and leave nothing important underneath.
How to write a will in Pennsylvania: step by step
Here is the holographic process from start to finish.
- Confirm you are eligible. You must be at least 18 and of sound mind, meaning you understand what you own, who your natural heirs are, and that you are making a will.
- Write the whole document by hand. Use pen on paper. State clearly that this is your will and that it revokes any earlier wills.
- Name an executor. Choose the person who will settle your estate and, if you like, name a backup in case your first choice cannot serve.
- List your beneficiaries and gifts. Be specific about who receives what. Name people and describe assets clearly enough that there is no doubt about your intent.
- Add a residuary clause. Say who inherits everything not specifically mentioned. This catches anything you forgot or acquire later.
- Name a guardian if you have minor children. Pennsylvania lets you nominate the person you want to raise them.
- Date the will. A date is not strictly required for validity, but it is strongly advised. If you ever leave more than one will, the date proves which one is most recent.
- Sign at the very end. Your signature must be the last thing on the operative document. Do not add gifts, notes, or instructions below it, because content beneath the signature is generally ignored.1
- Store it safely and tell someone. Keep the original where your executor can find it. Pennsylvania has no statewide lifetime will registry; after death the original is filed with the county Register of Wills to begin probate.
Do you need witnesses? Validity versus probate
This is where people get confused, so it is worth being precise. No witnesses are required for your Pennsylvania will to be valid.3 But every will must still be proved when it is offered to the Register of Wills after your death. If the will is not self-proved, that proof usually comes from two witnesses who can confirm your signature under oath.
You can avoid that step by making the will self-proved. Under 20 Pa.C.S. Section 3132.1, you and two witnesses sign an affidavit before a notary or other authorized officer, which the Register can accept as proof without calling the witnesses back later.4 A purely holographic will has no witnesses to call on, so proving it can be slower. If you want the smoothest path through probate, the witnessed and self-proved route is worth considering.
Watch out: a holographic will is valid, but because it has no witnesses and no self-proving affidavit, your estate may need to locate people familiar with your handwriting and signature to prove it. Clear handwriting, a firm signature at the end, and a well-known storage location all reduce that friction.
What happens if you skip a spouse or die without a will
Pennsylvania has no forced heirship for children, so you are generally free to leave your estate as you choose. A surviving spouse, however, has protection: the elective share. Under 20 Pa.C.S. Section 2203, a surviving spouse can elect to take one third of certain property regardless of what the will says.5 You cannot fully disinherit a spouse in Pennsylvania.
If you die with no valid will at all, the intestacy statutes decide everything.6 Under 20 Pa.C.S. Sections 2102 and 2103, a surviving spouse typically takes the first $30,000 plus one half of the balance where the children are also the spouse's children, with different splits when there are parents or stepchildren in the picture.7 Writing a will is how you replace that default formula with your own wishes.
Pennsylvania will checklist
- You are 18 or older and of sound mind
- The document is in writing (handwritten for the holographic route)
- It names an executor and, if needed, a guardian for minor children
- Beneficiaries and gifts are clearly identified
- A residuary clause covers everything else
- The will is dated
- Your signature is at the very end, with nothing important below it
- If you want easier probate, two witnesses and a self-proving affidavit before a notary
- The original is stored safely and your executor knows where it is
Want the specifics on the handwritten route or a ready structure to follow? See our guides to the Pennsylvania holographic will and the Pennsylvania will template, or start building your own document now with our Pennsylvania will generator.
Sources
- 120 Pa.C.S. Sec. 2502, Form and execution of a will (FindLaw) (codes.findlaw.com)
- 2Are Handwritten Wills Legal in Pennsylvania? (herrpottsandpotts.com)
- 3Title 20 Pa.C.S. Chapter 25, Wills (PA General Assembly) (legis.state.pa.us)
- 420 Pa.C.S. Sec. 3132.1, Self-proved wills (law.justia.com)
- 520 Pa.C.S. Sec. 2203, Right of election; elective share (legis.state.pa.us)
- 6Intestate Succession in Pennsylvania (Nolo) (nolo.com)
- 720 Pa.C.S. Sec. 2102, Share of surviving spouse (legis.state.pa.us)
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.