What makes a will valid in Pennsylvania?

Last updated October 4, 2026.

In Pennsylvania, a will is valid if it is made by a person who is at least 18 and of sound mind, is in writing, and is signed by that person at the end (20 Pa.C.S. 2501 and 2502). Witnesses are not required to sign when the person signs personally, but the will must later be proved at probate by two competent witnesses, so most wills are witnessed and made "self-proving" with a notarized affidavit (20 Pa.C.S. 3132 and 3132.1). A will valid where the person lived when signing it, or when dying, is also valid here (2504.1).

Small details decide whether a will is accepted quickly or sent to a hearing. The wills we prepare and the will disputes we handle are described on our wills and estates page.

What does Pennsylvania require, step by step?

1. Capacity. Any person 18 or older who is of sound mind may make a will (2501).
2. Writing. Every will must be in writing (2502). Pennsylvania repealed its old rule for oral, or nuncupative, wills.
3. Signature at the end. The person making the will, called the testator, signs at the end. Writing that appears after the signature does not invalidate what comes before it (2502(1)), but it may not count as part of the will.
4. Special signing rules. If the testator cannot sign, a mark is valid if made in the presence of two witnesses who sign in the testator's presence; or another person may sign the testator's name at the testator's express direction, if the testator declares it to be the will before two witnesses who sign (2502(2) and (3)).
5. Proof at probate. The Register of Wills accepts the will on the oaths or affirmations of two competent witnesses; subscribing witnesses are preferred when available, and proof of the testator's own signature is preferred to proof of a witness's signature (3132(1)).
6. Self-proving, optional but valuable. If the testator acknowledges the will and the witnesses sign affidavits before a notary or other officer, or before a lawyer who certifies it to an officer, the Register accepts those affidavits as proof without live testimony, unless the will is contested or was signed by mark or by another person (3132.1).

How do the signing options compare?

What goes wrong at the Register of Wills?

Delaware County's Register of Wills publishes a pamphlet on the most common problems with wills submitted for probate. Each one can lead to a hearing, extra cost and, in the Register's words, a risk that "your wishes may not be honored":

• Markings and cross-outs made on the will after it is signed.
• Writing below the signature, which may not be treated as part of the will.
• No executor named, leaving the law to decide who serves.
• No alternate executor, in case the first choice cannot or will not serve.
• The original will is lost. The original must be presented, and if only a copy is found, the law initially presumes the original was destroyed.
• The will is not self-proving, so witnesses must be located to give oaths about the signature.
• Codicil problems, such as an addition that is not signed or does not reference the date of the will it changes.

How the probate appointment works in Media, with the documents to bring, is covered in how probate works in Delaware County.

What can a valid will do that the default rules cannot?

Without a will, Pennsylvania's intestacy statute decides everything. A valid will lets the testator make choices the statute would not:

• Choose the executor. The Register of Wills grants letters testamentary to the executor the will designates (20 Pa.C.S. 3155(a)), instead of choosing an administrator under the statute's priority list. What the executor then does, from inventory to final accounting, is outlined on our probate page.
• Choose the beneficiaries. A will can leave property to friends, partners, stepchildren or charities, none of whom inherit under intestacy unless they are statutory heirs.
• Exclude or limit an heir. A will may expressly exclude or limit a relative's intestate share (20 Pa.C.S. 2101(b)). A surviving spouse's elective share is the main exception.
• Name guardians. A sole surviving parent may appoint a guardian of the person of a minor child, and anyone may appoint a guardian of property a minor receives, including life insurance proceeds and a claim arising from the testator's death (2519).

In Delaware County, wills are probated at the Register of Wills in the Government Center, 201 West Front Street, Media. The county offices there are described in our Delaware County overview.

What changes the answer?

• Divorce. Gifts to a spouse in a will become ineffective if the testator later divorces, or dies during divorce proceedings after grounds are established, unless the will shows they were meant to survive a divorce (2507(2)). Our page on how long a divorce takes explains when grounds are established.
• Marriage after the will. A new spouse receives the share the spouse would have taken without a will, unless the will gives more or was made in contemplation of that marriage (2507(3)).
• A child born or adopted later. A child left out of an earlier will receives a share unless the will shows the omission was intentional (2507(4)).
• Revocation. A will can be revoked only by a later will or codicil, another writing executed like a will, or by burning, tearing, canceling, obliterating or destroying it with intent to revoke, by the testator or at the testator's direction in the testator's presence (2505).
• A surviving spouse's election. A surviving spouse may instead elect to take one-third of certain property, by filing a written election within six months after the death or the probate, whichever is later (20 Pa.C.S. 2203 and 2210); missing the deadline waives the right. Couples who signed an agreement before or during marriage that addresses death should review it alongside the will; see whether a prenup is enforceable in Pennsylvania.
• Slayers and elder abusers. A person who participates in a willful and unlawful killing of the testator, or is convicted of elder abuse against the testator, takes nothing (2507(5) and (6)).

For example: a will signed at the kitchen table

Here is a hypothetical. A widow in Springfield writes a will by hand, signs it at the bottom and puts it in a drawer. Years later she adds a line below her signature leaving her car to a neighbor, and crosses out her nephew's name in one paragraph.

After her death, her daughter brings the original to the Register of Wills in Media. The will is in writing and signed at the end, so it can be valid, but because no one witnessed it and it is not self-proving, two competent witnesses must prove her signature at probate (3132). The line about the car comes after the signature; it does not invalidate the will (2502(1)), but it may not be given effect. The crossed-out name raises the revocation rule in 2505 and, as the Register's pamphlet warns, is the kind of marking that can lead to a hearing.

Had the will been typed, signed before two witnesses and made self-proving with a notary's certificate, the Register could have accepted it on the affidavits alone. This example only illustrates the statutes; how a particular will is treated depends on the document and the evidence.

What mistakes do people make with wills?

• Not signing at the very end. Pennsylvania requires the signature at the end of the will.
• Changing the will by hand after signing. Cross-outs and notes invite a hearing; a codicil or a new will is the proper way.
• Skipping the self-proving affidavit. It spares the family from finding witnesses years later.
• Not updating after marriage, divorce or a new child. The law changes some effects automatically, but not always the way people want.
• Losing the original. Keep the original safe and tell the executor where it is.
• Forgetting the guardian. A sole surviving parent can name a guardian for a minor child, and anyone can name a guardian for property a minor inherits (2519).

What should I do this week?

1. Find your current will and check that the original is signed at the end.
2. Read it for out-of-date names, addresses and family changes.
3. Decide on an executor and at least one alternate.
4. If you have minor children, decide on a guardian.
5. Avoid writing on the existing will; note the changes you want separately.
6. Plan to sign the new will with two witnesses and a notary so it is self-proving.
7. Book a consultation to review or update your will; evening and weekend appointments are available.

Frequently asked questions

Is a handwritten will valid in Pennsylvania?

It can be. The statute requires a writing signed at the end by an adult of sound mind (2501, 2502). The challenge comes at probate, where two competent witnesses must prove it (3132).

Does a will have to be notarized?

No. Notarization is part of making a will self-proving, which makes probate easier, but it is not a requirement for validity (3132.1).

Is my will from another state still good?

It is validly executed if it met Pennsylvania's rule or the law of the place where you were domiciled when you signed it or when you die (2504.1). It is still worth reviewing for Pennsylvania-specific issues.

How long does someone have to challenge a will?

A party in interest may appeal the Register's decree admitting a will to probate within one year, and the court may shorten that to three months on petition (20 Pa.C.S. 908(a)). Delaware County's fee schedule lists an appeal from probate at $100 and a caveat at $100.

What happens if there is no valid will?

The intestacy statute decides who inherits; see who inherits without a will in Pennsylvania.

Is a living will the same as a will?

No. A living will states your wishes about life-sustaining care; it does not pass property. Our living wills page explains it.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about making or updating your will.