How to Create a Will in Pennsylvania: A Step-by-Step Guide

Why You Need a Will in Pennsylvania

Creating a will is one of the most important steps you can take to protect your assets and ensure your loved ones are taken care of after your death. In Pennsylvania, having a legally valid will can make the probate process smoother, minimize disputes among heirs, and allow you to maintain control over who inherits your property. Without a will, your estate will be distributed according to state intestacy laws — which may not reflect your wishes.

Step 1: Understand the Legal Requirements for a Valid Will in Pennsylvania

Minimum Age and Mental Capacity

To create a valid will in Pennsylvania, you must:

• Be at least 18 years old

• Be of sound mind — meaning you understand the nature and value of your assets and the effect of making a will

Written Document Requirement

Pennsylvania requires wills to be written (typed or handwritten). Oral wills are not recognized. While handwritten wills (holographic wills) are technically allowed, they must meet all other legal requirements and are highly discouraged due to potential challenges in probate.

Signature and Witnesses

The will must be signed by you — the “testator.” Although Pennsylvania does not legally require witnesses to a will for it to be valid, it’s best practice to have two disinterested witnesses sign it to avoid issues during probate.

Step 2: Take Inventory of Your Assets and Debts

What to Include in Your Estate

Before drafting your will, make a list of everything you own and owe. This includes:

• Real estate

• Bank accounts

• Investments and retirement accounts

• Life insurance policies

• Vehicles and personal property

• Debts and obligations

Having a complete inventory helps ensure that all your assets are addressed in your will and reduces the likelihood of omissions or confusion.

Step 3: Choose Beneficiaries

Who Will Inherit Your Assets?

Beneficiaries are the individuals or organizations who will receive your property when you die. Be clear and specific when naming beneficiaries. For example, list full legal names instead of relationships like “my cousin.”

You can also assign specific assets to particular people, such as “my grandmother’s ring to my daughter, Sarah.”

Step 4: Name an Executor

What Does an Executor Do?

The executor (sometimes called a “personal representative”) is responsible for managing your estate after you pass away. This includes:

• Filing your will with the probate court

• Paying debts and taxes

• Distributing assets to beneficiaries

Who Should You Choose?

Select someone trustworthy, organized, and willing to serve. Many people choose a close family member or a professional (such as an attorney). Always name an alternate executor in case your first choice is unable or unwilling to act.

Step 5: Decide on Guardianship for Minor Children

Protecting Your Children’s Future

If you have children under 18, your will should include the name of a guardian — someone who will care for your children if you and the other parent die. This can prevent family conflict and ensure your children are raised according to your values.

Step 6: Draft Your Will

Using a Lawyer vs. DIY

While you can use online forms or templates, working with an experienced estate planning attorney — like those at Ament Law Group — ensures your will is legally sound and customized to your needs.

What to Include

Your will should include:

• Your full legal name and residence

• Statement revoking any prior wills

• Names of beneficiaries and what they receive

• Name of executor and alternate

• Name of guardian for minor children

• Your signature and date

Step 7: Sign the Will Properly

Follow Formalities Carefully

Even though witnesses aren’t legally required in Pennsylvania, having two disinterested adults witness your signature can help authenticate your will during probate. You and your witnesses should sign the will in each other’s presence.

Step 8: Consider a Self-Proving Affidavit

Streamline the Probate Process

A self-proving affidavit is a notarized statement signed by you and your witnesses that confirms the validity of your will. Including this affidavit can help your executor avoid delays in probate court by eliminating the need for witnesses to testify after your death.

Step 9: Store Your Will Safely

Keep It Secure and Accessible

Place your signed will in a secure location — such as a fireproof safe or locked filing cabinet. Do not store it in a bank safety deposit box unless others can access it. Make sure your executor and attorney know where to find it.

Step 10: Review and Update Your Will Regularly

Life Changes? Your Will Should, Too

Major life events such as marriage, divorce, the birth of a child, or acquiring significant assets should prompt a review of your will. Pennsylvania law automatically revokes certain provisions if you marry or divorce, but it’s still important to revise your will as your circumstances change.

What Happens If You Die Without a Will in Pennsylvania?

If you die “intestate” (without a will), Pennsylvania law determines who gets your assets. This often results in outcomes that don’t reflect your true wishes. For example, a surviving spouse might not receive everything if you have children from a previous relationship. Creating a will avoids these complications and puts you in control of your legacy.

Get Help from Pennsylvania Estate Planning Attorneys

Drafting a will is one of the most personal and impactful legal decisions you’ll ever make. While it’s possible to write a will on your own, working with an experienced estate planning attorney ensures that your will is valid, enforceable, and tailored to your family’s unique needs.

Call Ament Law Group for Trusted Estate Planning Guidance

Ready to create your will or update an existing one? The experienced attorneys at Ament Law Group, PC are here to guide you through every step of the process. We help Pennsylvania residents protect their families and preserve their legacies with carefully drafted wills, trusts, and comprehensive estate planning services.

Call us today at (724) 733-3500 to schedule your free consultation.