Does a Will Need to Be Notarized in Pennsylvania?
No. Under 20 Pa.C.S. § 2502, a Pennsylvania will must be in writing and signed by the person making it at the end, and when you sign your own name the statute requires neither a notary nor witnesses for the will to be valid.
The notary matters later, at probate. Section 3132 of the same title says all wills shall be proved by the oaths or affirmations of two competent witnesses, so an unwitnessed will leaves the family searching for two people who can swear to the signature. A will made self-proved under § 3132.1, with the testator's acknowledgment and the witnesses' affidavits sworn before a notary or another officer who can administer oaths, is accepted by the Register of Wills as proof without that step. This guide covers what makes a Pennsylvania will valid, whether a handwritten will counts, how a self-proved will works and where to keep the original. It explains how the rules generally work and is not legal advice.
What Does Pennsylvania Require for a Valid Will?
Section 2502 sets one main rule and three special cases. Every will shall be in writing and signed by the testator at the end.
The special cases:
If you cannot sign your name, you may make your mark, but you must make it in the presence of two witnesses who sign their names to the will in your presence.
If you cannot sign or make a mark, someone may sign your name in your presence and at your express direction, but you must declare the document to be your will in front of two witnesses who sign it in your presence.
Writing that appears after the signature, whether added before or after signing, does not invalidate what comes before the signature.
That last point is worth reading twice. The statute protects the part above your signature. Anything written below it should not be counted on to do anything.
Is a Handwritten Will Legal in Pennsylvania?
Yes, if it meets § 2502. A handwritten will that is signed at the end follows the same rule as a typed one. Pennsylvania does not have a separate set of requirements for handwritten wills.
The practical problems show up after death. A handwritten will often has no witnesses, no self-proving affidavit, unclear wording and sometimes additions scrawled below the signature. Each of those can slow probate or invite a dispute. Our post on the grounds for contesting a will explains the challenges that come up most often, and our guide on whether you need a will at a young age covers why a simple, properly signed will is worth doing early.
What Happens at Probate If the Will Is Not Self-Proved?
Two people have to vouch for it. Section 3132 says all wills shall be proved by the oaths or affirmations of two competent witnesses.
For a will you signed yourself, the statute prefers the subscribing witnesses, the people who signed as witnesses, if they are readily available, and it prefers proof of your signature over proof of a witness's signature. In plain terms, if nobody witnessed the will, two competent people who can identify your signature can still prove it. For a will signed by mark or by another person, the proof must come from the subscribing witnesses unless the Register is satisfied they cannot be found with reasonable diligence.
In Westmoreland County, wills are probated at the Register of Wills, 2 N. Main Street, Suite 301, in the Courthouse Annex in Greensburg. The Register's bill of costs, amended effective July 1, 2024, added a $50 charge for a commission for out-of-county oaths and a $100 charge for virtual probate services, according to a county news notice. Ask the office how those apply before you plan the visit.
How Do You Make a Will Self-Proved?
A self-proved will is a will with an attached acknowledgment by the testator and affidavits by the witnesses, sworn before an officer authorized to administer oaths, which the Register of Wills accepts as proof without further testimony. Section 3132.1 sets out what the affidavits say.
The witnesses swear that they:
Were present and saw the testator sign and execute the document as his or her last will
Signed as witnesses in the hearing and sight of the testator
Attest that the testator signed willingly and as a free and voluntary act
Attest that the testator was 18 or older, of sound mind and under no constraint or undue influence
The testator's acknowledgment and these affidavits are sworn to or affirmed before an officer authorized to administer oaths, such as a notary. That is the reason to sign with two witnesses and a notary present, even though Pennsylvania does not require witnesses for a will you sign yourself.
Where Should You Keep the Original Will?
Somewhere safe that your executor knows about. A missing original causes real trouble.
The Pennsylvania Supreme Court's decision in In re Estate of Wilner (2016) shows how far that trouble can go. The original will disappeared from a box in the decedent's home. The drafting attorney had a conformed copy, and the decedent's niece, who would inherit if there were no will, opposed probating it. The case went to the Supreme Court, which held that the contents of a lost will may be proved by clear and convincing evidence and reinstated the order admitting the copy. The copy was admitted, but only after years of litigation.
Keep the signed original, tell your executor where it is, and keep a copy with your attorney.
When Should an Attorney Prepare or Review Your Will?
Any time the family situation is more than simple, and whenever you are unsure the signing was done right. Common reasons to have a will reviewed:
It was written by hand or from an online template
Something was added below the signature or in the margins
You have married, divorced, had children or moved since signing
Nobody witnessed it and it has no self-proving affidavit
Our post on when to update your estate plan lists the life events that usually call for a new will. If you are also thinking about medical decisions, our guide to how a living will differs from a regular will explains the separate document that covers end-of-life care.
FAQ
Do I need witnesses to sign my will in Pennsylvania?
Not for the will to be valid when you sign your own name. Having two witnesses sign, with a self-proving affidavit, makes probate much easier.
Is a handwritten will valid in Pennsylvania?
Yes, if it is in writing and signed by you at the end, as § 2502 requires.
What if nobody witnessed my parent's will?
It can still be probated. Two competent witnesses who can identify the signature can prove it under § 3132.
Does a will signed with an X count?
Yes, if the mark is made in the presence of two witnesses who sign their names to the will in the testator's presence.
Can I add a change below my signature?
Writing after the signature does not invalidate what comes before it, but it should not be relied on either. Make changes with a new, properly signed document.
What if the original will cannot be found?
It becomes harder. In Estate of Wilner, the Pennsylvania Supreme Court allowed a copy to be probated on clear and convincing evidence, but only after a court fight.
Wills Prepared by David K. Lucas & Associates
David K. Lucas & Associates PLLC, at 140 South Main Street, Suite 301, in Greensburg, prepares wills, powers of attorney, living wills and living trusts for clients throughout Westmoreland County. The firm offers free consultations on wills and in most cases, can quote upfront fees. Attorney David K. Lucas also handles estate administration and probate, so we see firsthand what makes a will easy or hard to probate. Learn more about our last will and testament services.
Visit David K. Lucas & Associates or call 724-836-3300 today. Contact us for more information.
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