Summary of Pennsylvania's Will Requirements:
Minimum Age to Make a Will | 18 | |
Written Document Required | Yes | |
Nuncupative Wills (Oral) | No | |
Holographic Wills (Hand-Written, Unwitnessed) | No | |
Number of Witnesses Required | 2 | |
Self-Proving Affidavit | Allowed | |
Statutory Form for Self-Proving Affidavit | Yes | |
Statutes Governing Pennsylvania's Will Requirements:
Who may make a will
Any person 18 or more years of age who is of sound mind may make a will.
Pennsylvania Consolidated Statutes, § 2501.
Form and execution of a will
Every will shall be in writing and shall be signed by the testator at the end thereof, subject to the following rules and exceptions:
1. Words following signature - The presence of any writing after the signature to a will, whether written before or after its execution, shall not invalidate that which precedes the signature.
2. Signature by mark - If the testator is unable to sign his name for any reason, a will to which he makes his mark and to which his name is subscribed before or after he makes his mark shall be as valid as though he had signed his name thereto; Provided, That he makes his mark in the presence of two witnesses who sign their names to the will in his presence.
3. Signature by another - If the testator is unable to sign his name or to make his mark for any reason, a will to which his name is subscribed in his presence and by his express direction shall be as valid as though he had signed his name thereto: Provided, That he declares the instrument to be his will in the presence of two witnesses who sign their names to it in his presence.
Pennsylvania Consolidated Statutes, § 2502.
Validity of execution
A will is validly executed if executed in compliance with section 2502 (relating to form and execution of a will), or in compliance with the law of the jurisdiction where the testator was domiciled at the time of the execution of the will or at the time of his death.
Pennsylvania Consolidated Statutes, § 2504.1
Self-proved wills
(a) Proof - Unless there is a contest with respect to the validity of the will, or unless the will is signed by mark or by another as provided in section 2502 (relating to form and execution of a will), an affidavit of witness made in conformity with this section shall be accepted by the register as proof of the facts stated as if it had been made under oath before the register at the time of probate.
(b) Acknowledgment and affidavits - An attested will may at the time of its execution or at any subsequent date be made self-proved by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of this Commonwealth or under the laws of the state where execution occurs, or made before an attorney at law and certified to such an officer as provided in subsection (c) and evidenced, in either case, by the officer's certificate, under official seal, attached or annexed to the will. A separate affidavit may be used for each witness whose affidavit is not taken at the same time as the testator's acknowledgement. The acknowledgement and affidavits shall in form and content be substantially as set forth in the Uniform Probate Code or as follows:
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(c) Acknowledgment and affidavit taken before an attorney at law. - The acknowledgment of the testator and the affidavit of a witness required by subsection (b) may be made before a member of the bar of the Supreme Court of Pennsylvania or of the highest court of the state in which execution of the will occurs who certifies to an officer authorized to administer oaths that the acknowledgment and affidavit was made before him. In such case, in addition to the acknowledgment and affidavit required by subsection (b), the attorney's certification shall be evidenced by the officer before whom it was made substantially as follows:
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Pennsylvania Consolidated Statutes, § 3132.1
[Refernece - Pennsylvania Requirements to Make a Will]
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