Making a Will in Pennsylvania: Rules You Need to Know

Pennsylvania has unusually relaxed signing rules — a will generally needs no witnesses when you sign it — but it does require proof at probate and imposes a state inheritance tax. This is general information, not legal advice — consult an attorney in your state.

Who can make a will in Pennsylvania?

In Pennsylvania you must be at least 18 and of sound mind. Sound mind means you understand that you are making a will, know generally what you own, and recognize the people who would naturally inherit.

Even though witnesses are not required at signing, signing the will yourself at the end is essential to its validity.

What are the witness and notary rules?

Pennsylvania is unusual: a will needs only your signature at the end and does not require witnesses to be present when you sign. However, at probate two witnesses must prove your signature, so it is wise to have witnesses sign anyway.

Pennsylvania strongly favors a self-proving affidavit, signed by you and two witnesses before a notary, because it satisfies the proof requirement up front and avoids the need to find witnesses after your death.

  • No witnesses legally required at the moment of signing.
  • Two witnesses must prove the signature at probate.
  • A self-proving affidavit before a notary is highly recommended.

What does Pennsylvania call the executor?

Pennsylvania uses the term executor for the person named in a will and administrator for one appointed by the court without a will. Both are Personal Representatives who settle the estate under the Register of Wills and Orphans' Court.

The Register of Wills admits the will and grants letters that confirm the executor's authority to act.

What happens if you die without a will in Pennsylvania?

If you die intestate, Pennsylvania law gives shares to your spouse and relatives. A spouse with children of the marriage receives a set amount plus a share; the split changes if there are children from another relationship or surviving parents.

Dying intestate also means the court appoints the administrator and you have no say over guardianship of minor children.

Is probate required, and what about inheritance tax?

Probate in Pennsylvania goes through the county Register of Wills. Small estates may use a simplified procedure, and assets with beneficiary designations or joint ownership pass outside probate.

Pennsylvania imposes a state inheritance tax based on the heir's relationship to you — lower rates for spouses and children and higher rates for more distant heirs. This is separate from any federal estate tax and the executor must address it.

Can you make a Pennsylvania will online?

Yes. A signed online will is valid in Pennsylvania, and adding witnesses plus a self-proving affidavit makes probate smoother. iFinallyWill produces a Pennsylvania-specific will and powers of attorney in about 20 minutes, with lifetime updates and a 60-day guarantee.

iFinallyWill supports all 50 states and every Canadian province. Because of the inheritance tax, larger estates may benefit from local tax and legal advice.

Frequently asked questions

Does a Pennsylvania will need witnesses?
Not at signing — Pennsylvania only requires your signature. But two witnesses must prove the signature at probate, so signing with witnesses and a self-proving affidavit is recommended.
Does Pennsylvania have an inheritance tax?
Yes. Pennsylvania imposes an inheritance tax based on the heir's relationship to you, with lower rates for close family and higher rates for distant heirs.
Who admits a will to probate in Pennsylvania?
The county Register of Wills admits the will and grants letters confirming the executor's authority. Disputes go to the Orphans' Court.
What happens if I die without a will in Pennsylvania?
State intestacy law divides the estate among your spouse and relatives, and the court appoints an administrator. You lose any say over your executor or a guardian for your children.