Pennsylvania Last Will and Testament
Generate a last will and testament tailored to Pennsylvania law. Our AI incorporates PA-specific statutory requirements, disclosure obligations, and legal standards into every document.
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Pennsylvania Legal Requirements
Key PA statutes and obligations that apply to your last will and testament.
Requirements
- Pennsylvania Consolidated Statutes Title 20 §§ 2501-2514 govern will execution
- Two witnesses required — must sign in testator's presence
- Testator must be at least 18 years old
- Self-proving affidavit (20 Pa. C.S. § 3132.1) speeds probate
- Holographic wills: valid in Pennsylvania if entirely in testator's handwriting and signed
Restrictions & Limits
- Elective share: surviving spouse can claim 1/3 of decedent's estate (20 Pa. C.S. § 2203)
- Pennsylvania inheritance tax: close heirs pay 4.5%-15% depending on relationship
- Philadelphia Register of Wills handles probate in Philadelphia County
Official Statute References
Primary Pennsylvania statutes governing this document type.
Pennsylvania Last Will and Testament FAQ
Common questions about last will and testaments under Pennsylvania law.
Does Pennsylvania have an inheritance tax?
Yes. Pennsylvania's inheritance tax applies to assets passing to beneficiaries: 0% for transfers to spouses; 4.5% for direct descendants and ancestors (children, parents); 12% for siblings; 15% for other heirs. This is separate from federal estate tax and applies regardless of estate size.
Are holographic wills valid in Pennsylvania?
Yes. Pennsylvania recognizes holographic wills — wills written entirely in the testator's own handwriting and signed by the testator, without witnesses. While valid, holographic wills are harder to probate and more likely to be challenged. A properly witnessed will is strongly preferred.
What is the elective share for a surviving spouse in Pennsylvania?
Under 20 Pa. C.S. § 2203, a surviving spouse can elect to take 1/3 of the decedent's estate instead of what the will provides. This 'elective share' prevents complete disinheritance of a spouse from separate property assets.
How does Pennsylvania probate work?
Wills are probated through the Register of Wills in the county where the decedent lived. Pennsylvania allows 'independent administration' without court supervision for most estates. Small estates (under $50,000 excluding real estate) can use a simplified affidavit process.
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Last Will and Testament by State
Laws vary significantly by state. Find the right form for your location.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.