Pennsylvania Will and Trust Laws: Witnesses, Probate Proof (2026)

Under Pennsylvania law, any person 18 or older and of sound mind may make a will (20 Pa.C.S. 2501), and the will must be in writing and signed by the testator at the end (20 Pa.C.S. 2502). Section 2502 does not require witnesses or a notary for a will the testator signs personally; two witnesses are needed at signing only when the testator signs by mark or someone else signs at the testator's direction. Living trusts are governed by Chapter 77 of Title 20, Pennsylvania's enactment of the Uniform Trust Code, whose Subchapters A through I are cited as the Uniform Trust Act (7701).

That makes Pennsylvania unusual among the wills and trusts laws by state: the signing rule is light, but the probate rule is not. Section 3132 requires every will to be proved by the oaths or affirmations of two competent witnesses when it is offered for probate, unless the will has been made self-proved under section 3132.1 and the exceptions to that procedure do not apply.

Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Pennsylvania statutes on making, signing, proving, changing and revoking wills (20 Pa.C.S. Chapters 22, 25 and 31) and on revocable living trusts (20 Pa.C.S. Chapter 77). It does not cover what happens when someone dies without a will or how estate administration works (see Pennsylvania probate), small-estate procedures (see the Pennsylvania small estate affidavit page), powers of attorney (see Pennsylvania power of attorney laws), or taxes. A living will is a health-care directive, not a will; see the Pennsylvania advance directive tool.

What makes a will valid in Pennsylvania?

Two sections set the requirements. Section 2501 sets capacity: "Any person 18 or more years of age who is of sound mind may make a will." Section 2502 sets the form:

"Every will shall be in writing and shall be signed by the testator at the end thereof, subject to the following rules and exceptions" (20 Pa.C.S. 2502)

The rules and exceptions that follow deal with three situations:

• Words after the signature. Under 2502(1), writing that appears after the signature, whether added before or after signing, "shall not invalidate that which precedes the signature." The signature still has to come at the end of what the testator intends as the will.
• Signature by mark. Under 2502(2), a testator who is unable to sign his name for any reason may make a mark, with his name subscribed before or after, "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. Under 2502(3), if the testator cannot sign or make a mark, another person may subscribe the testator's name "in his presence and by his express direction," provided the testator "declares the instrument to be his will in the presence of two witnesses who sign their names to it in his presence."

For a testator who signs with his or her own signature, then, section 2502 sets no witness requirement and no notary requirement at the moment of signing.

Wills signed in another state

Pennsylvania accepts wills that were valid where the testator lived. Under 20 Pa.C.S. 2504.1, a will is validly executed if it complies with section 2502 "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."

Why witnesses still matter: proving the will at probate

Validity at signing and proof at probate are separate questions in Pennsylvania. Section 3132 provides:

"All wills shall be proved by the oaths or affirmations of two competent witnesses and (1) Will signed by testator.-- In the case of a will to which the testator signed his name, proof by subscribing witnesses, if there are such, shall be preferred to the extent that they are readily available, and proof of the signature of the testator shall be preferred to proof of the signature of a subscribing witness." (20 Pa.C.S. 3132)

So a will with no witnesses can be valid, but when it is offered to the register of wills, two competent witnesses still have to swear or affirm to it. Where the will has subscribing witnesses who are readily available, the statute prefers their proof. Probate procedure itself is covered on the Pennsylvania probate page.

Does a Pennsylvania will need to be notarized? The self-proving option

A notary is not part of the section 2502 signing rule. Notarization comes in through the self-proving procedure in section 3132.1, which lets an attested will skip live witness testimony at probate:

"An attested will may at the time of its execution or at any subsequent date be made self-proved by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of this Commonwealth or under the laws of the state where execution occurs, or made before an attorney at law and certified to such an officer as provided in subsection (c) and evidenced, in either case, by the officer's certificate, under official seal, attached or annexed to the will." (20 Pa.C.S. 3132.1(b))

Three points follow from the text:

• The testator acknowledges the will and the witnesses give affidavits, before an officer authorized to administer oaths (or before an attorney and certified to such an officer).
• It can be done when the will is signed "or at any subsequent date."
• Under 3132.1(a), the register accepts the witness affidavit "as proof of the facts stated as if it had been made under oath before the register at the time of probate," but not if there is a contest over the will's validity, and not if the will was signed by mark or by another under section 2502.

The acknowledgment and affidavit forms are set out in section 3132.1 itself; this page does not reproduce them.

Are handwritten (holographic) wills valid in Pennsylvania?

A will written entirely in the testator's hand is valid in Pennsylvania if it meets section 2502: it must be in writing and signed by the testator at the end. Chapter 25 has no separate holographic-will section; a handwritten will is simply a will in writing, and section 2502 requires no witnesses for one the testator signs personally.

The probate rule still applies. A handwritten will must be proved by two competent witnesses under section 3132, and because section 3132.1 self-proving is available to an attested will through the witnesses' affidavits, an unwitnessed handwritten will cannot use that route.

Are oral (nuncupative) wills valid?

No. Pennsylvania's nuncupative-will section was repealed: "Section 2503 was repealed December 10, 1974, P.L.867, No.293, effective immediately." Section 2502 requires every will to be in writing.

Electronic wills and remote witnessing

Chapter 25 of Title 20 contains no electronic-will or remote-witnessing section, and section 2502 still requires a will "in writing" and "signed by the testator at the end thereof."

Senate Bill 1138 of the 2025-26 session would change that. Its title describes it as an act "providing for electronic wills" and "further providing for self-proved wills." The bill's last action was "Referred to Judiciary, Jan.9,2026," and it has not been enacted. A pending bill does not change the signing rules.

Changing or revoking a Pennsylvania will

Methods of revocation

Section 2505 lists the only ways a written will or codicil, or any part of it, can be revoked or altered:

1. By another will or codicil in writing.
2. By another writing declaring the revocation, "executed and proved in the manner required of wills."
3. By the will "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."

When someone other than the testator performs the physical act, "the direction of the testator must be proved by the oaths or affirmations of two competent witnesses" (20 Pa.C.S. 2505).

Reviving an earlier will

Revoking a later will does not bring an earlier one back to life. Under section 2506, the earlier will is not revived "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."

Divorce, marriage and new children

Section 2507 changes the effect of a will after certain life events, without anyone touching the document:

• Divorce. Under 2507(2), "Any provision in a testator's will in favor of or relating to the testator's spouse shall become ineffective for all purposes unless it appears from the will that the provision was intended to survive a divorce," if the testator is divorced after making the will, or dies domiciled in Pennsylvania during divorce proceedings in which no decree has been entered and grounds have been established under 23 Pa.C.S. 3323(g).
• Divorce and revocable trusts or beneficiary designations. The will rule is not the whole story. Under 20 Pa.C.S. 6111.1, "Any provision in a conveyance which was revocable by a conveyor at the time of the conveyor's death and which was to take effect at or after the conveyor's death in favor of or relating to the conveyor's spouse shall become ineffective for all purposes unless it appears in the governing instrument that the provision was intended to survive a divorce," on the same divorce and pending-divorce conditions. Section 6101 defines a conveyance as "an act by which it is intended to create an interest in real or personal property whether the act is intended to have inter vivos or testamentary operation," which takes in a revocable trust. Under section 6111.2, when an individual domiciled in Pennsylvania has designated a spouse as beneficiary of a life insurance policy, annuity contract, pension or profit-sharing plan or other contractual arrangement providing for payments to the spouse, a revocable designation becomes ineffective and is construed as if the spouse had predeceased, unless the wording of the designation, a court order, a written contract between the two, or a designation of the former spouse made after the divorce decree shows it was meant to survive the divorce. For employer plans governed by ERISA, the U.S. Supreme Court held in Egelhoff v. Egelhoff, 532 U.S. 141 (2001), that federal law pre-empts a state statute revoking a spouse's beneficiary designation on divorce as applied to those plans (see the wills and trusts hub).
• Marriage after the will. Under 2507(3), the new surviving spouse receives the share he or she would have taken 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."
• Child born or adopted after the will. Under 2507(4), a child the will fails to provide for, unless the will shows the omission was intentional, receives a share out of property not passing to a surviving spouse, calculated as if the testator had died unmarried and intestate owning only that portion.
• Slaying and elder abuse. Under 2507(5), a person who participates as a principal or as an accessory before the fact in the willful and unlawful killing of any person may not acquire property or receive benefits as a result of the killing. Under 2507(6), a person convicted of offenses constituting elder abuse may not acquire property or receive benefits upon the death of the victim. In both cases the property passes as provided in Chapter 88.

The intestate shares these sections refer to are explained on the Pennsylvania probate page.

Limits on what a Pennsylvania will can do

Spouse's elective share. A testator cannot simply leave a spouse out. Under 20 Pa.C.S. 2203(a), when a married person domiciled in Pennsylvania dies, the surviving spouse "has a right to an elective share of one-third" of listed property. The list includes "(1) Property passing from the decedent by will or intestacy" and "(3) Property conveyed by the decedent during his lifetime to the extent that the decedent at the time of his death had a power to revoke the conveyance," which reaches property in a revocable trust.

The right has limits. Section 2203(b) excludes, except to the extent they pass as part of the decedent's estate, any conveyance made with the surviving spouse's express consent or joinder, life insurance proceeds on the decedent's life, interests under broad-based nondiscriminatory employer plans, and property passing by the exercise or nonexercise of a power of appointment given by someone else. Under 2203(c), the section does not apply if a married person domiciled in Pennsylvania dies during divorce proceedings, no decree has been entered and grounds have been established under 23 Pa.C.S. 3323(g).

The deadline is in section 2210(b): the election "must be filed with the clerk before the expiration of six months after the decedent's death or before the expiration of six months after the date of probate, whichever is later." The court may extend the time, but failure to file in the manner and time the section sets "shall be deemed a waiver of the right of election."

Omitted spouse and child. Section 2507(3) and (4), described above, protect a spouse married after the will and a child born or adopted after it.

No-contest clauses. Under 20 Pa.C.S. 2521, a provision in a will or trust that penalizes an interested person for contesting it "is unenforceable if probable cause exists for instituting proceedings."

Revocable living trusts in Pennsylvania

The trust code

Pennsylvania's enactment of the Uniform Trust Code is Chapter 77 of Title 20; section 7701 provides that Subchapters A through I "shall be known and may be cited as the Uniform Trust Act." "Chapter 77 was added July 7, 2006, P.L.625, No.98, effective in 120 days." Section 7703 defines a trust as revocable "to the extent the settlor, immediately before the time as of which the determination is made, had the power, acting without the consent of the trustee or any person holding an interest adverse to revocation, to prevent the transfer of the trust property at the settlor's death by revocation or amendment of or withdrawal" of trust property.

Creating a trust: a signed writing

Section 7732(a) lists five conditions. "A trust is created only if: (1) the settlor has capacity to create a trust; (2) the settlor signs a writing that indicates an intention to create the trust and contains provisions of the trust; (3) the trust has a definite beneficiary" (or fits a listed exception); "(4) the trustee has duties to perform; and (5) the same person is not the sole trustee and sole beneficiary of the trust."

The signed writing is the formality. Chapter 77's creation section does not add a witness or notary requirement for a trust instrument other than a will, and section 7737 closes the other door: "Oral trusts are unenforceable in this Commonwealth." Under section 16(4)(i) of Act 98 of 2006, the act that added Chapter 77, section 7737 does not apply to oral trusts created before Chapter 77 took effect.

A settlor who cannot sign has a route under 7732(b.1): a trust instrument other than a will "may be signed by mark or by a person other than the settlor on behalf of and at the direction of the settlor in the same manner as a power of attorney under Chapter 56." Chapter 56's signing rules are covered on the Pennsylvania power of attorney laws page.

Capacity

Under section 7751, "The capacity required to create, amend, revoke or add property to a revocable trust or to direct the actions of the trustee of a revocable trust is the same as that required to make a will."

Revocable by default, and how to revoke or amend

Section 7752(a) states: "The settlor may revoke or amend a trust unless the terms of the trust expressly provide that the trust is irrevocable."

That default has a date limit. Under section 16(4)(ii) of Act 98 of 2006, "The addition of 20 Pa.C.S. § 7752(a) shall not apply to trusts created before the effective date" of that provision, so a trust created before Chapter 77 took effect in 2006 is not made revocable by 7752(a).

Section 7752(c) controls how:

"The settlor may revoke or amend a revocable trust only: (1) by substantial compliance with a method provided in the terms of the trust; or (2) if the terms of the trust do not provide a method or the method provided in the terms of the trust is not expressly made exclusive, by a later writing, other than a will or codicil, that is signed by the settlor and expressly refers to the trust or specifically conveys property that would otherwise have passed according to the terms of the trust." (20 Pa.C.S. 7752(c))

A will or codicil does not qualify as the later writing under 7752(c)(2).

Creditors

Under 20 Pa.C.S. 7745(1), "During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors."

Certification of trust

A trustee does not have to hand over the whole trust instrument to a bank or title company. Under section 7790.3(a), "Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust," which lists items beginning with the trust's existence and the date the trust instrument was executed. Under 7790.3(f), a person who relies on the certification "without knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting."

After the settlor dies: notice and the contest deadline

The trustee has notice duties. Under section 7780.3(c), "No later than 30 days after the date on which the trustee of a revocable trust learns that the settlor has died," the trustee must send the notice described in 7780.3(i) to the settlor's personal representative, the settlor's spouse, each of the settlor's children who is sui juris, and the trust's current beneficiaries. Separately, under section 3384.1, the trustee must send notice to the personal representative no later than 30 days after learning that one has been appointed for the settlor's estate.

That notice starts the contest clock. Section 7754 provides that a petition contesting the validity of a revocable trust "must be filed no later than one year after the date on which the trustee gave the notice required by section 7780.3(c)." On a party's petition, the court "may limit the time by which a petition under this section must be filed to six months after the date on which the trustee gave the notice."

Pour-over wills

A pour-over will leaves property to the trustee of a trust. Section 2515 permits it broadly:

"A devise or bequest in a will may be made to the trustee of a trust, including any unfunded trust, established in writing by the testator or any other person before, concurrently with or after the execution of the will. Such devise or bequest shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after execution of the will." (20 Pa.C.S. 2515)

The same section adds a limit: "An entire revocation of the trust prior to the testator's death shall invalidate the devise or bequest unless the will directs otherwise."

Pennsylvania wills and trusts at a glance

Recent and pending changes

• Act 64 of 2024. Enacted July 15, 2024 (P.L.786) and effective in 90 days, it amended several trust code sections, including 7752 (revocation and amendment), 7745 (creditors' claims), 7780.3 (notice duties) and 7790.3 (certification of trust). The rules quoted above are the current text.
• Act 40 of 2024. Approved July 1, 2024 (P.L.444) and effective in 180 days, it amended the slayer rule in 2507(5) and added the elder-abuse rule in 2507(6).
• Senate Bill 1138 (2025-26). This bill would provide for electronic wills and revise the execution, revocation and self-proving sections. It was referred to the Senate Judiciary Committee on January 9, 2026 and is not law.

Making a will in practice

The site's free Pennsylvania will-maker tool can help draft a basic will. Whatever produces the document, signing must follow section 2502, and because section 3132 requires proof by two competent witnesses at probate, the self-proving procedure in section 3132.1 is part of the picture. Complex estates, blended families, business interests or tax questions are reasons to consult a lawyer licensed in Pennsylvania. The tool is not legal advice.

Members of the armed forces have one federal option as well: under 10 U.S.C. 1044d, a military testamentary instrument is exempt from state formalities and has the same legal effect as a will executed under the law of the state where it is presented for probate (see the wills and trusts hub for the federal layer).

Related pages

• Wills and trusts laws by state
• Pennsylvania probate
• Pennsylvania small estate affidavit
• Pennsylvania power of attorney laws

This article provides general legal information about Pennsylvania law on wills and revocable trusts as of 2026-10-19. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Pennsylvania or the register of wills in your county.

Last updated: 2026-10-19.

Frequently Asked Questions

Does a will need witnesses in Pennsylvania?

Not for validity if the testator signs it at the end with his or her own signature (20 Pa.C.S. 2502). Two witnesses are required when the testator signs by mark or someone signs for the testator, and two competent witnesses must prove any will at probate under section 3132 unless it is self-proved under section 3132.1 (self-proof does not apply when the will is contested or was signed by mark or by another).

Is a handwritten will valid in Pennsylvania?

A handwritten will is valid if it is in writing and signed by the testator at the end, the same rule section 2502 applies to every will. At probate it still has to be proved by two competent witnesses under section 3132.

Does a will have to be notarized in Pennsylvania?

No. Section 2502 does not require a notary. A notary or other officer authorized to administer oaths is used to make an attested will self-proved under section 3132.1(b), which lets the register accept the witness affidavits as proof unless the will is contested or was signed by mark or by another.

Are oral wills valid in Pennsylvania?

No. Section 2503, which covered nuncupative (oral) wills, was repealed on December 10, 1974, and section 2502 requires every will to be in writing.

Can I make an electronic will in Pennsylvania?

Chapter 25 of Title 20 has no electronic-will provision, and section 2502 requires a will in writing signed at the end. Senate Bill 1138 (2025-26) would add electronic wills, but it was referred to the Senate Judiciary Committee on January 9, 2026 and is not law.

Does divorce revoke a will in Pennsylvania?

Divorce does not revoke the whole will. Under 20 Pa.C.S. 2507(2), any provision in favor of or relating to the former spouse becomes ineffective unless the will shows it was meant to survive divorce; the same applies if the testator dies domiciled in Pennsylvania during divorce proceedings after grounds have been established. Similar rules make revocable-trust provisions for the spouse (20 Pa.C.S. 6111.1) and revocable beneficiary designations of the spouse (6111.2) ineffective, subject to the exceptions in those sections; for employer plans governed by ERISA, federal law pre-empts the beneficiary-designation rule (Egelhoff v. Egelhoff, 532 U.S. 141 (2001)).

How do I revoke a will in Pennsylvania?

Section 2505 allows revocation by a later will or codicil, by another writing executed and proved like a will, or by burning, tearing, canceling, obliterating or destroying it with intent to revoke. If someone else performs the act, it must be in the testator's presence and at the testator's express direction, proved by two competent witnesses.

Is a living trust revocable in Pennsylvania?

Yes, by default for a trust created after Chapter 77 took effect in 2006. Under 20 Pa.C.S. 7752(a) the settlor may revoke or amend a trust unless its terms expressly provide that it is irrevocable. The act that added Chapter 77 says 7752(a) does not apply to trusts created before then.

How long do you have to contest a revocable trust in Pennsylvania?

Under section 7754, a contest petition must be filed no later than one year after the trustee sends the notice required by section 7780.3(c); on petition, the court may shorten that to six months after the notice.

Can a spouse be left out of a will in Pennsylvania?

A surviving spouse of a person domiciled in Pennsylvania has a right to elect one-third of property defined in 20 Pa.C.S. 2203, including property passing by will and revocable lifetime conveyances. Section 2203(b) excludes items such as life insurance proceeds and broad-based employer plans unless they pass through the estate, and 2203(c) removes the right if the decedent dies during divorce proceedings after grounds have been established. The election must be filed within six months after death or six months after probate, whichever is later (2210(b)).