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PENNSYLVANIA LEGAL INFORMATION
Last Will and Testament Statutes
Link to the Pennsylvania Statutes online which contain the portion of the Probate Code dealing with last wills.
Last Will information from the Pennsylvania Bar Association
American Bar Association Guide to Wills and Estates
American Bar Association, Estate Planning
Must a Will be Witnessed in Pennsylvania? "No, but two witnesses, subscribing or non-subscribing, must appear at the Register of Wills' office at the time of probate to prove and identify the testator's signature. Subscribing witnesses may appear before a notary. A will witnessed by subscribing witnesses can better survive a will contest because the testator's legal capacity to make a will is presumed. When a self-proving affidavit accompanies the original Will, it is not necessary for the original witnesses to appear before the Register of Wills." Last Will information from Bucks County Government; See Also Pennsylvania Consolidated Statutes, "DECEDENTS, ESTATES AND FIDUCIARIES" (Title 20), § 3132. Manner of probate. "All wills shall be proved by the oaths or affirmations of two competent witnesses ... ." Link.
Selected Pennsylvania Statutes
Pennsylvania Consolidated Statutes
DECEDENTS, ESTATES AND FIDUCIARIES (TITLE 20)
- § 2501. Who may make a will. Any person 18 or more years of age who is of sound mind may make a will.
- § 2502. 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:
- 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.
- 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.
- 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.
- § 2504.1. 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.
- § 2505. Revocation of a will. No will or codicil in writing, or any part thereof, can be revoked or altered otherwise than:
- Will or codicil. By some other will or codicil in writing;
Other writing. By some other writing declaring the same, executed and proved in the manner required of wills; or
- Act to the document. By being burnt, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revocation, by the testator himself or by another person in his presence and by his express direction. If such act is done by any person other than the testator, the direction of the testator must be proved by the oaths or affirmations of two competent witnesses.
- § 2506. Revival of revoked or invalid will. If, after the making of any will, the testator shall execute a later will which expressly or by necessary implication revokes the earlier will, the revocation of the later will shall not revive the earlier will, unless the revocation is in writing and declares the intention of the testator to revive the earlier will, or unless, after such revocation, the earlier will shall be reexecuted. Oral republication of itself shall be ineffective to revive a will.
- § 2507. Modification by circumstances. Wills shall be modified upon the occurrence of any of the following circumstances among others:
- [Repealed].
- Divorce.-If the testator is divorced from the bonds of matrimony after making a will, any provision in the will in favor of or relating to his spouse so divorced shall thereby become ineffective for all purposes unless it appears from the will that the provision was intended to survive the divorce.
- Marriage.-If the testator marries after making a will, the surviving spouse shall receive the share of the estate to which he would have been entitled had the testator died intestate, unless the will shall give him a greater share or unless it appears from the will that the will was made in contemplation of marriage to the surviving spouse.
- § 2521. Penalty clause for contest. A provision in a will or trust purporting to penalize an interested person for contesting the will or trust or instituting other proceedings relating to the estate or trust is unenforceable if probable cause exists for instituting proceedings.
Library of Informational Legal Articles
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The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This service is not a substitute for the advice of an attorney and we encourage users to have all documents created on our site reviewed by an attorney. No attorney-client relationship is established by use of our online legal forms system and the user is not to rely upon any information found anywhere on our site. THESE FORMS ARE SOLD ON AN "AS IS" BASIS WITH NO WARRANTIES OR GUARANTIES. If you wish personal assistance in deciding whether the document found on our site is right for you or desire representations and warranties upon the legality of the document you are purchasing in the jurisdiction you will be using it, contact an attorney licensed to practice law in your state.
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