Pennsylvania Last Will and Testament

Intestacy: Dying without a will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. In Pennsylvania, this means that your property is distributed entirely to your spouse if there is no surviving child or parent. The share taken by the surviving spouse does change, however, depending on whether there is a surviving parent or child, and whether any surviving children are also the descendants of the surviving spouse.

Accordingly, you can see the importance of making a Pennsylvania will if you would like to have control over the distribution of your assets.

Exceptions to the ability to distribute property

Although generally, you may provide for the distribution of your assets after your death as you wish, Pennsylvania law does give a surviving spouse the right to a one-third share, which the spouse may choose to take or not, including but not limited to the following property:

• Property passing from the decedent by will or intestacy;
• Income or use for the remaining life of the spouse of property conveyed by the decedent during the marriage to the extent that the decedent at the time of his death had the use of the property or an interest in or power to withdraw the income thereof;
• Property conveyed by the decedent during his lifetime to the extent that the decedent at the time of his death had the power to revoke the conveyance or to consume, invade, or dispose of the principal for his own benefit.

Form a last will in Pennsylvania

The basic requirements for a Pennsylvania last will and testament include the following:

• Age: The testator must be at least 18 years old.
• Capacity: The testator must be of sound mind.
• Signature: In order to be valid, the will must be signed in one of three ways:
• By the testator.
• Signature by mark by the testator—the testator may use a mark that has the name of the testator written before or after it if he makes such mark in the presence of two witnesses who sign their names to the will in her presence.
• By someone other than the testator in her presence and by her express direction—the testator must declare the document to be her will in the presence of two witnesses, who must then sign the document in the presence of the testator.
• Witnesses: Except in the situations discussed above, witnesses are not required for a Pennsylvania will to be valid.
• Writing: A Pennsylvania will must be in writing to be valid.
• Beneficiaries: Pennsylvania does not limit the class of beneficiaries who may be included in a will.

Other kinds of recognized last wills in Pennsylvania

In addition to the last will and testament as described above, Pennsylvania also recognizes holographic (handwritten) wills as valid legal documents. In Pennsylvania, a handwritten will must be executed in the same manner as any other will, as explained above, in order to be valid.