Pennsylvania estate planning
Pennsylvania will, trust & power-of-attorney requirements
Pennsylvania sets its own rules for how an instrument must be signed and witnessed, whether it needs a notary, and how estates are taxed. The requirements below are drawn from the same attorney crafted & attorney verified Pennsylvania rule set Estateur drafts against — every Pennsylvania will, revocable living trust, and power of attorney is generated to these formalities and validated against them before delivery.
Pennsylvania estate planning at a glance
| Will witnesses required | None required for validity (two recommended) |
|---|---|
| Will must be notarized | No (self-proving affidavit optional) |
| Self-proving affidavit | Available (recommended) |
| Handwritten (holographic) wills | Recognized |
| Electronic wills | Not permitted |
| State estate tax | None |
| State inheritance tax | Yes |
| Community property | No (separate / common-law property) |
General information, not legal advice. Figures such as tax exemptions change; confirm current requirements with the Pennsylvania courts or department of revenue.
How to make a valid will in Pennsylvania
A Pennsylvania will must be in writing and signed by the testator at the end. Pennsylvania does not require attesting witnesses for the will itself to be valid, but two witnesses are needed to prove the will at probate — so execution before two witnesses is strongly recommended. Having those two witnesses complete a self-proving affidavit before a notary lets the will be admitted to probate without them having to testify later. Pennsylvania recognizes handwritten (holographic) wills, but a properly witnessed will is far stronger and easier to probate.
Spousal protection. 1/3 elective share (20 Pa.C.S. § 2203). A will cannot fully disinherit a surviving spouse in most states — Estateur's intake flags an elective-share exposure on the draft.
Living trusts & avoiding probate in Pennsylvania
A will still has to pass through Pennsylvania probate — a public, court-supervised process — before assets reach the beneficiaries. A revocable living trust holds assets during life and transfers them at death without probate, which is usually faster and stays private. Whether a trust is warranted turns on the client’s real property, the size and complexity of the estate, and the planning objectives.
Estateur drafts either structure on your instruction, and every trust-based matter generates the pour-over will as a companion instrument, with the plan-level consistency checks run across the set.
Powers of attorney & healthcare directives in Pennsylvania
A financial power of attorney in Pennsylvania must be notarized and signed before two witnesses. (20 Pa.C.S. § 5601)
A Pennsylvania healthcare directive must be signed before two qualified witnesses. (20 Pa.C.S. §§ 5442/5452)
A complete plan also includes a HIPAA authorization so the healthcare agent can actually obtain the client's medical information. Estateur drafts each of these to Pennsylvania's signing rules and generates the matching execution instructions.
Pennsylvania estate & inheritance tax
Pennsylvania has no state estate tax, but it does levy an inheritance tax paid by certain beneficiaries depending on their relationship to the decedent. There is no Pennsylvania estate tax on top of the federal one.
Estate-tax exemption amounts are 2025 figures and change annually. Confirm current thresholds with the Pennsylvania department of revenue.
Pennsylvania statutes referenced
- 20 Pa.C.S. § 2502
- 20 Pa.C.S. § 5601
- 20 Pa.C.S. §§ 5442/5452
Pennsylvania estate planning: common questions
- How many witnesses does a will require in Pennsylvania?
- Pennsylvania requires no attesting witnesses for a will to be valid — the testator's signature at the end is sufficient (20 Pa.C.S. § 2502). Two witnesses are still needed to prove the will at probate, so execution before two witnesses remains the practical standard. A notarized self-proving affidavit is optional but recommended — it admits the will to probate without witness testimony. Pennsylvania also recognizes handwritten (holographic) wills, though a properly attested will is far stronger.
- Does Pennsylvania permit electronic wills?
- No. Pennsylvania has not adopted an electronic-wills statute, so a will must be executed on paper under the state's ordinary formalities. Estateur's Pennsylvania execution instructions reflect that.
- What are the signing requirements for a financial power of attorney in Pennsylvania?
- A financial power of attorney in Pennsylvania must be notarized and signed before two witnesses. (20 Pa.C.S. § 5601)
- Does Pennsylvania have an estate tax or inheritance tax?
- Pennsylvania has no state estate tax, but it does levy an inheritance tax paid by certain beneficiaries depending on their relationship to the decedent. There is no Pennsylvania estate tax on top of the federal one.
- How does Estateur handle Pennsylvania-specific requirements?
- Estateur drafts each instrument against Pennsylvania's attorney crafted & attorney verified rule set, including execution formalities, mandatory and prohibited clauses, and statutory citations. It then runs required checks before delivery. Every Pennsylvania document includes a matching execution checklist. Estateur is a self-help document preparation service, not a law firm.
Build your Pennsylvania estate plan
Estateur guides you through a plain-English interview and prepares Pennsylvania instruments drafted against the verified rule set above, validated before they reach you, and delivered with execution instructions for a flat one-time price.
Estateur is a self-help document preparation service, not a law firm, and does not provide legal advice. Information on this page reflects Pennsylvania law in general terms and may change.
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