Your Will, Your Way: Navigating Pennsylvania's Last Will and Testament Laws

Making a Will is an important step in ensuring the well-being of your loved ones after your death. Without a Will, all of your assets will be distributed by Pennsylvania law, giving you little control over the process.

A Will is a legal document that ensures you have control over how your personal property is distributed after you die. A Will also allows you to select a guardian for your children, giving you peace of mind in the event of your untimely death.

This article will go over the process of writing a Will, including what should be included and how Pennsylvania state laws come into play. You can take control of your assets and confirm that your loved ones are cared for even after you're gone by understanding the importance of a Will and the steps to create one.

Legal Conditions for a Valid Will in Pennsylvania

In Pennsylvania, anyone over the age of 18 and of sound mind has the legal right to create a last Will and testament. A person must not have previously been declared incompetent by a court of law in order to be considered mentally capable.

Remembering that a Will must be written and signed by the testator and at least two witnesses is critical.

If the testator is unable to sign their name, they may authorize another person to do so on their behalf. This person, however, cannot be considered one of the required witnesses.

Both witnesses must either witness the testator's signature or be informed by the testator that their signature appears on the Will. In either case, they must sign the Will in the presence of the other witness and testator.

A Pennsylvania resident can ensure that his or her final wishes are properly documented and carried out after death by following these guidelines.

Contents of a Will

Beneficiaries

The distribution of assets is an important part of any Will. It entails deliberating who should inherit one's personal property, belongings, high-value assets, and even real estate. Beneficiaries can include family members, friends, charities, corporations, and trusts.

It is strongly advised to include a contingent beneficiary, who would be entitled to the assets if the primary beneficiary died or could not claim them.

Furthermore, if you are in a domestic partnership or civil union, you should name your partner as a beneficiary to protect their inheritance rights, which may not be recognized by state law.

Legal Guardians

If you have minor children or other dependents who need care, it is critical that you consider naming a legal guardian for them in the event of your death. This ensures that they are looked after by someone you can rely on.

It should be noted that the appointment of a guardian is not restricted to minor children. You can also appoint a guardian for a disabled adult child or an aged parent who requires care.

If you do not name a guardian in your Will, the court will appoint one on your behalf, which may not follow your wishes.

As a result, you must take the necessary steps in your Will to name a guardian for your dependents. By doing so, you can be confident that your loved ones will be cared for by someone you have faith in the event of an emergency.

An Executor or Personal Representative

When writing it, selecting an executor or personal representative to carry out the instructions outlined in your Will is critical.

• Identifying and valuing your assets is one of the executor's responsibilities.
• Paying off any outstanding debts or taxes.
• Giving your remaining assets to your chosen beneficiaries.

Choosing the right executor is critical to ensuring that your final wishes are carried out as intended. You should select a trustworthy, mentally competent individual with the necessary skills and expertise to handle the responsibilities that have been assigned to them.

While it may be tempting to appoint a family member or friend as your executor, it is critical to consider whether they have the qualifications and knowledge to carry out the duties involved. In some cases, appointing a professional executor, such as an attorney or financial advisor, may be more appropriate.

Signatures of Testators and Witnesses

In most states, you must sign a Will in the presence of two witnesses who also sign to confirm your identity and mental capacity to create a Will.

Handwritten Wills, also known as holographic Wills, do not require witness signatures as long as the testator's handwriting is used for the signature and material portions of the handwritten Will.

What to Leave Out of a Will

Knowing which assets can and cannot be included in your Will is critical. Assets that have already been designated for transfer to someone should not be included in your Will. Financial assets such as retirement accounts or bank accounts with a designated beneficiary and life insurance policies fall into this category.

It is important to note that some assets may be exempt from your Will if you own them jointly with someone else or in a trust.

Rather than through the Will, these assets will be distributed to the designated beneficiaries or co-owners by their individual agreements or trust documents. Exclude them from your Will to avoid confusion and potential conflicts.

Even if your beneficiaries are designated outside of your Will, it is still critical to ensure that all of your assets are accounted for and that your beneficiaries are clearly identified.

Notarizing your Pennsylvania Will

If you live in Pennsylvania and want to make a legally binding Will, you should know that notarization is not required. You can, however, make your Will "self-proving," which can expedite the probate process.

You'll need to go to a notary public to do this. The notary Will requires you and your witnesses to sign an affidavit confirming your identities and acknowledging that you were all aware you were signing the Will.

This procedure allows the court to accept the Will without reaching the witnesses who signed it, saving significant time during the probate process.

Reasons to Update or Change a Will

Here are six reasons why you should review your Will:

Relationship Changes: Relationships with family members, friends, and romantic partners can evolve over time. You may want to change your Will to reflect these changes, such as naming new executors or beneficiaries.

Changes in Family Situation: If your family situation has changed, such as the birth of a child or the death of a family member, it is critical to update your Will to ensure that your property is distributed according to your current wishes.

Tax or Estate Law Changes: Tax and estate laws are subject to change, and these changes may impact your current estate plans. Understanding the laws and updating your Will and overall estate plan is critical to properly transferring assets.

Moving or Purchasing Out-of-State Assets: Estate planning laws vary depending on where you live or own property. If you've recently relocated or acquired out-of-state assets, consult an attorney to ensure your Will remains valid.

Change of Heart: It is common for people to make changes to their Will in response to changes in their personal circumstances, such as a change of heart about how assets should be distributed or a new perspective on relationships and family dynamics. Whatever the reason, careful thought and consideration can result in changes to your Will that correspond to your current wishes.

Changes in Asset Value: If the value of your assets has significantly increased or decreased, you may need to rethink the distribution of your assets in your Will. Consider establishing a trust to avoid probate or revising your distribution plans for beneficiaries.

How to Update or Revoke Your Pennsylvania Will

Pennsylvania's Will laws provide some leeway when it comes to changing or revoking a Will. As a Pennsylvania resident, you can change or revoke your Will anytime.

In Pennsylvania, there are two ways to revoke your Will. One method is to commit a "revocatory act," such as tearing, burning, or destroying the Will in part or whole to revoke it. This act may be performed by you or by someone with your permission.

Alternatively, you can write a new Will that expressly states that the original Will is being revoked. Even if it is not explicitly stated, the previous Will is automatically revoked if the new Will contains conflicting terms.

The Bottom Line

Making a Will is essential for everyone, and it isn't as difficult as you might think. Keeping a Will can protect your loved ones from a lengthy probate court process in which state rules distribute property rather than your final wishes.

Reviewing your Will every three to five years or after major life events such as marriage or divorce, having a child, or the death of a loved one.