A will is a legal document that spells out your wishes for how your assets get distributed after you pass away. Without one, Pennsylvania’s intestacy laws decide who receives your property — and that outcome may look nothing like what you would have chosen. A valid will also lets you name guardians for your children and designate an executor to manage your estate. Taking the time to create one now could spare your family significant stress and conflict down the road.
Legal requirements for a valid will in Pennsylvania
Pennsylvania sets specific requirements that a will must meet to hold up in court.
To create a valid will in Pennsylvania you must be at least 18 years old and of sound mind at the time of signing. The will must be written — Pennsylvania does not recognize oral or electronic wills. You must sign the document at the end to make it legally binding.
While Pennsylvania does not strictly require witnesses it strongly recommends having two witnesses sign the will. Witnesses make the probate process smoother and help prevent challenges to the document’s validity. You may also consider adding a self-proving affidavit — a notarized statement from your witnesses that can speed up the probate process significantly.
Step-by-step: How to make a will in Pennsylvania
Once you understand the legal requirements, the actual process of creating a will in Pennsylvania is more straightforward than most people expect. These seven steps can walk you through it from start to finish.
1. Decide what property to include
Start by taking stock of what you own. Probate assets — things like real estate, bank accounts in your name alone and personal property — can pass through your will. Non-probate assets such as life insurance policies, retirement accounts and jointly held property transfer directly to named beneficiaries and do not go through your will.
2. Choose your beneficiaries
Decide who receives your assets. Beneficiaries can include family members, friends or charitable organizations. Naming contingent beneficiaries — backup recipients in case a primary beneficiary passes before you — is also a smart move.
3. Name an executor
Your executor is the person responsible for carrying out the instructions in your will, paying debts and distributing assets to your beneficiaries. Choose someone trustworthy and organized who is willing to take on that responsibility.
4. Appoint guardians for minor children
If you have children under 18 your will is the place to name a guardian for them. Without this designation a court will make that decision without any input from you.
5. Draft the will document
You have several options for drafting your will including working with an attorney, using an online tool or writing it yourself. Each option carries different levels of risk and a qualified estate planning attorney can help make sure nothing important gets overlooked.
6. Sign the will properly
Sign your will at the end in the presence of your witnesses. Make sure your witnesses are not named as beneficiaries in the document — doing so could create legal complications down the road.
7. Store your will safely
Keep your will somewhere secure and accessible such as a fireproof home safe or with your attorney. Make sure your executor knows where to find it when the time comes.
Can you make your own will in Pennsylvania?
Pennsylvania does allow DIY wills as long as they meet the state’s legal requirements. However even a small drafting error can create big problems during probate. Working with an attorney helps ensure your will is clear, legally sound and reflects your actual wishes.
Do you need a lawyer to make a will in Pennsylvania?
While not required legal guidance becomes especially important in certain situations including high-value estates, blended families and circumstances where disputes among beneficiaries seem likely. The cost of working with an attorney is generally far smaller than the cost of resolving errors or contested provisions later.
Common mistakes to avoid when making a will
Even well-intentioned wills can run into serious problems during probate when certain details get overlooked. Be careful of these mistakes:
- Failing to sign the will at the end properly
- Not updating the will after major life changes such as marriage, divorce or the birth of a child
- Using conflicting or vague language that leaves room for interpretation
- Naming interested witnesses who are also beneficiaries under the will
- Overlooking non-probate assets that pass outside the will entirely
Catching these issues now while you still have the opportunity to make changes is far easier than leaving your family to sort them out later.
Create a will that protects your legacy
A will is one of the most important documents you will ever create and putting it off leaves your family vulnerable. Revisiting your will periodically, especially after major life events, helps make sure it continues to reflect your current wishes. Reaching out to a will and trust attorney is a straightforward first step toward building an estate plan that truly protects the people and things you care most about. Contact Phillips Froetschel, LLC today to get started.