Last Wills & Testaments in Pennsylvania

Pennsylvania law (20 Pa.C.S. § 2502) requires only that a valid will be in writing and signed by the testator at the end . Unlike most states, Pennsylvania does not require witnesses at execution (a will signed by the testator alone is legally valid. However, every will must be proved at probate) typically by producing two competent witnesses to verify the testator's signature under oath (20 Pa.C.S. § 3132); which is why attorneys always have wills witnessed at the signing ceremony. A self-proving affidavit eliminates even this step. Pennsylvania does not recognize oral ( nuncupative ) wills. Because the base execution requirements are already minimal (writing + signature), Pennsylvania has no separate "holographic will" exception; a handwritten will that meets § 2502 is valid on the same terms as any other will.

The Practical Catch: Execution vs. Probate

While a witness-free will is legal, it creates a hurdle later. Here is why most lawyers still insist on witnesses:

• Proving the Will: When you pass away, the Register of Wills cannot simply take your word for it. They require two competent witnesses to verify your signature under oath (20 Pa.C.S. § 3132).
• Subscribing Witnesses: If you had witnesses sign when you did, they are "subscribing witnesses." They (or someone who can verify their handwriting) can confirm the will at probate, the simplest path.
• Non-Subscribing Witnesses: If you signed alone, your executor will have to find two people who can recognize your signature and testify to its authenticity after you are gone. This causes unnecessary delay and expense, and sometimes the will simply cannot be proved.
• Self-Proving Wills: Most modern Pennsylvania wills include a self-proving affidavit (20 Pa.C.S. § 3132.1). This is a notarized statement signed by you and two witnesses at the time of execution. It allows the Register to accept the will without the witnesses needing to appear in person, the gold standard for hassle-free probate.

What a Will Does

• Names an executor to manage your estate
• Designates guardians for minor children (both of the person and of the estate)
• Specifies how your assets are distributed
• Makes specific gifts of property or cash (specific bequests)
• Can establish testamentary trusts for beneficiaries who need managed distributions
• Can waive the surety bond requirement: saving your estate significant expense

Naming Guardians for Minor Children

For parents with minor children, the guardian nomination may be the most important thing in the will. Pennsylvania distinguishes between two types of testamentary guardian, and understanding the difference matters for how you plan.

Guardian of the Person

Under 20 Pa.C.S. § 2519(a), the sole surviving parent (or sole adopting parent) of an unmarried minor child may appoint a testamentary guardian of the person. This is the person who will raise your child: making decisions about where they live, where they go to school, what medical treatment they receive, and how they are cared for day to day.

Two important limitations. First, only the sole surviving parent can make this appointment. If both parents are alive, the surviving parent has custody by operation of law and the will nomination has no effect. The nomination matters when both parents die simultaneously or when one parent has already died. Second, a parent who willfully neglected, refused to provide for, or deserted the child for a year or more before death loses the right to nominate a guardian of the person.

The nomination is not self-executing. Orphans' Court still must approve the appointment, but courts give strong deference to a parent's stated preference. Without a nomination, the court appoints whoever it considers most suitable, which may not be the person you would have chosen. See our guardianship article for how the court process works.

Guardian of the Estate

Under § 2519(b), any person (not just a parent) may appoint a testamentary guardian of the estate for property passing to a minor at their death. This is broader than guardian of the person: grandparents, aunts, uncles, or anyone leaving property to a minor can nominate someone to manage the financial side. The statute covers property devised in the will, life insurance proceeds, pension and death benefits, inter vivos gifts, and causes of action arising from the testator's death.

A guardian of the estate is a court-supervised fiduciary. They must file an inventory, provide annual accountings, and get court approval before spending principal or selling real property. The guardianship terminates when the child turns 18, at which point the remaining assets are distributed outright, regardless of the amount.

When a Trust Is Better Than a Guardian of the Estate

For most families leaving significant assets to minors, a testamentary trust is a better vehicle than a guardianship of the estate. Here is why:

Age of distribution. A guardianship of the estate ends at 18. A trust can hold assets until 25, 30, or any age you choose. Most parents do not want an 18-year-old receiving a large inheritance outright.

Court oversight. A guardian of the estate needs court approval for many routine financial decisions. A trustee operates under the terms of the trust document, which allows faster, more flexible management without filing petitions.

Distribution flexibility. A trust can authorize the trustee to distribute funds for health, education, maintenance, and support at the trustee's discretion. A guardian of the estate has more limited authority and must justify expenditures to the court.

Cost. The annual accounting and court filing requirements for a guardianship of the estate generate ongoing legal fees. A trust generally costs less to administer over time, though the initial drafting cost is higher.

When a guardianship of the estate still makes sense: if the amount passing to the minor is modest (under $25,000 or so), a guardianship is simpler to set up and the ongoing court costs are minimal relative to the estate value. For amounts between $25,000 and roughly $50,000, a UTMA custodianship (20 Pa.C.S. Chapter 53) offers a middle path: less formal than a guardianship, no court oversight, but still terminates at age 21 in Pennsylvania. For larger amounts, a trust is almost always the right answer.

What a Will Does NOT Do

• Does not avoid probate: wills must be probated through the Register of Wills
• Does not control assets with beneficiary designations (life insurance, retirement accounts, POD accounts)
• Does not control jointly-held property with rights of survivorship
• Does not avoid Pennsylvania inheritance tax

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Revoking or Modifying a Will

A will can be revoked by executing a new will that expressly revokes all prior wills, or by physically destroying the original with the intent to revoke. Minor changes can be made by executing a codicil , a written amendment with the same formalities as the will itself. However, for anything beyond the simplest change, a new will is usually cleaner and less likely to create ambiguity. Pennsylvania law also provides for automatic partial revocation in certain circumstances: if you divorce after making a will, all provisions for your ex-spouse are revoked automatically under 20 Pa.C.S. § 2507(2), but merely separating, without a final divorce decree, does not revoke anything.

Statutory content on this page was last verified against Pennsylvania statutes (20 Pa.C.S.; 72 P.S. Art. XXI): February 2026 . If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.