Legal Question in Wills and Trusts in Pennsylvania

Is a Will legal if it is handwritten and has witnesses in the state of Pennsylvania?


Asked on 7/22/09, 11:41 am

1 Answer from Attorneys

Lloyd Welling American Wills & Estates

In principle, you could write a Will on a napkin with a crayon and it would be perfectly legal. As such, a Will can certainly be handwritten. However, you may find out that, when you go to probate the Will after the person's death, the local Register of Wills Office may not accept the document on its face. Namely, the document may not meet the requirements that would otherwise make it "Self-Proving". That does not mean that the handwritten Will is not valid, it simply means that you may have to take additional steps to get the Register's Office to accept it.

Not to toot my own horn so to speak, but it is generally a good idea to have an attorney prepare the Will and other estate planning documents. That way you can avoid potential problems down the road and you will also know that the documents comport with your local and state laws. Further, the legal fees you will incur to have such documents prepared by an attorney are generally not substantial.

If you would like to discuss this matter further, please feel free to contact me directly at either www.americanwillsandestates.com or by email at [email protected]. Thank you.

Lloyd A. Welling, Esq.

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Answered on 7/27/09, 11:56 am


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