Does a Will Need to Be Notarized in Pennsylvania (2026)

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Does a Will Need to Be Notarized in Pennsylvania?

Summary

  • Pennsylvania does not require notarization for a will to be legally valid.
  • Notarization creates a self-proving will, which simplifies probate court proceedings.
  • Two witnesses are required when a testator signs by mark or through another person.

You finally sat down to write your will, but now you're wondering whether a quick trip to the notary is part of the process. Pennsylvania's rules might surprise you – and understanding them could save your loved ones time, money and stress later.

Notarization Rules for Wills in Pennsylvania

Pennsylvania stands apart from many states because it does not require notarization to create a legally binding will. Under 20 Pa.C.S. § 2502, a will simply needs to be in writing and signed by the testator at the end of the document.

So, does a will need to be notarized in PA? Not for validity. But notarization plays an important role if you want your will to qualify as "self-proving," which makes life easier for your executor and beneficiaries during probate.

To create a valid will in Pennsylvania, the testator must meet specific signing requirements. The statute outlines three main scenarios:

  • Standard signature: The testator signs their name at the end of the document. Anything written after the signature does not invalidate what comes before it.
  • Signature by mark: If the testator cannot sign their name, they may make a mark, provided their name is also written out in their presence – either before or after the mark is made. The testator must make this mark in the presence of two witnesses, who then sign the will in the testator's presence.
  • Signature by another: If the testator cannot sign or make a mark, another person may sign the testator's name on their behalf, but it must be done in the testator's presence and at their express direction. The testator must then declare the document to be their will in the presence of two witnesses, who must sign the will in the testator's presence.

Pennsylvania also recognizes wills executed under 20 Pa.C.S. § 2504.1 if they comply with the laws of the state where the testator lived when signing or at the time of death. This flexibility helps people who move between states.

How a Pennsylvania Will Is Proven in Probate Court

After someone passes away, their will must be proven in probate court before it takes effect. According to 20 Pa.C.S. § 3132, all wills must be proved by the oaths or affirmations of two competent witnesses.

If the testator signed the will personally, proof from the subscribing witnesses is preferred whenever they are reasonably available. The court generally prefers verification of the testator's signature over a witness's signature.

For wills signed by mark or by another person, proof must come from the subscribing witnesses unless the register determines this cannot reasonably be obtained. In those cases, other evidence – including proof of the witnesses' signatures – may be accepted.

Benefits of Creating a Self-Proving Will in Pennsylvania

A self-proving will skips one of probate's most time-consuming steps: tracking down witnesses to verify the signing. Under 20 Pa.C.S. § 3132.1, knowing what an affidavit is becomes crucial, as this sworn statement signed by witnesses before an authorized officer is accepted as proof of the facts stated – just as if testimony had been given under oath at probate.

To make a will self-proving, the testator acknowledges the document and the witnesses sign affidavits before a notary or another officer authorized to administer oaths. This can happen at the time of signing or later. Separate affidavits may be used for each witness.

Benefits include:

  • Faster probate proceedings without locating witnesses years later
  • Reduced administrative burden on your executor
  • Lower likelihood of complications if a witness has died or moved away.

Keep in mind that self-proving status does apply to wills signed by mark or by another person, provided the acknowledgment and affidavits are made in the presence of the testator and all of the subscribing witnesses

Role of Witnesses When Signing a Will in Pennsylvania

Witnesses serve as the backbone of a valid Pennsylvania will. While a typed will signed by the testator does not require witnesses to be technically valid, witnesses are essential for proving the will later in probate court.

Two witnesses must be present whenever a testator signs by mark or has someone else sign for them. For a signature by mark, the witnesses must observe the mark being made. For a signature by another, the witnesses must be present when the testator declares the document to be their will. In both situations, the two witnesses must then sign the will in the testator's presence. Choosing reliable, younger witnesses can pay off when the will eventually need verification.

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Creating a valid estate plan, which might include drafting a will or figuring out what a power of attorney is, does not have to be complicated, but the small details matter. ConsumerShield helps connect people like you with the resources they need to plan ahead with confidence. Explore our forms and guides to take the next step in protecting your family.

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Frequently Asked Questions

When exploring the different types of wills available, people often ask if a handwritten will is acceptable. Yes. Pennsylvania law requires only that a will be in writing and signed by the testator at the end. A handwritten (holographic) will can be valid if it meets these basic requirements.

Witnesses must sign in the testator's presence when the will is signed by mark or by another person. For self-proving affidavits, witnesses may sign separately from the testator's acknowledgment.

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