Writing a Will in Pennsylvania
Estate Planning
While no one wants to contemplate how their estate will be divided, it’s one of the most important things you can do to protect your family and heirs. You don’t want your loved ones to be placed under extra stress by not having a will in place.
Unfortunately, creating a will, choosing an executor, and designating beneficiaries can be challenging tasks if you’ve never dealt with them before. To make this process easier, you need a skilled Pennsylvania will lawyer on your side. Learn more about how the Clause Law Group can help with your last will and testament in PA by reaching out to our team today.
Why You Need To Write a Will in Pennsylvania
If you die without a will in Pennsylvania, Pennsylvania’s intestacy laws decide who inherits your assets. This means the law will determine which family members and beneficiaries will receive your estate instead of you. Typically, your spouse and children will be given shares of the estate first. If there aren’t spouses or children, the estate is given to your parents. Then, the next beneficiaries would be your siblings and grandparents. If none of these individuals are still alive, the estate would go to your aunts, uncles, their children, and their grandchildren.
Obviously, you want to avoid leaving your loved ones without financial security. By learning how to make a will in PA, you can be confident that your estate will be distributed properly. This legally binding document gives you control over what happens to your estate after death.
Besides protecting your loved ones financially, a will offers a number of important benefits.
- It allows you to appoint an executor who will manage your estate.
- You can determine who will inherit money, personal items, and property.
- Wills prevent family conflicts by clarifying your wishes.
- You can name a specific guardian for your minor children.
- It is a key component in your estate planning and probate process.
What Are the Legal Requirements for Making a Valid Will in Pennsylvania?
Your Pennsylvania will lawyer will ensure your will is valid and fully enforceable. Although you aren’t legally required to have a lawyer, working with an attorney will decrease the likelihood that your will be contested or declared invalid.
To be legally valid, your will must meet the following requirements, which are also covered under 20 Pa.C.S. §§ 2501–2521.
Written Documents
Your will is legally required to be in writing. Besides making a will on a computer, the law also allows you to create a handwritten will.
Age and Capacity
You must be at least 18 years old and of sound mind when you make your will. This means you understand the nature of your assets, the people who would typically inherit from you, and the effect of signing a will.
Witnesses
Your last will and testament in PA should generally be witnessed by two people. If the will isn’t witnessed, it will make probate much more complicated. This is especially true in cases where the will is contested.
Signatures
The person who is writing the will, also known as the testator, must sign the will. If they are unable to, they can direct someone else to sign the will in their presence on their behalf.
Notarization
Wills don’t have to be notarized in Pennsylvania. However, a self-proving affidavit will ensure an easier probate process and is harder to contest.
Steps for How To Make a Will in PA
Your Pennsylvania will lawyer will walk you through all of the steps involved in making your will. Each person and estate is different, so how these steps are carried out in the real world will vary.
1. Inventory Your Assets
The first step in learning how to make a will in PA is inventorying all of your assets. If you don’t know the extent of the property and investments that you have, you won’t be able to divide them up properly. You should list all your real estate, bank accounts, retirement savings, personal property, and valuable items.
2. Decide on an Executor
Next, you’ll need to decide on an executor. This person should be someone who is responsible and trustworthy because they’ll be in charge of carrying out the terms of your will. Additionally, the individual should not be convicted of a vehicular homicide, but Pennsylvania doesn’t prevent executors from having a felony.
3. Designate Beneficiaries
You’ll also need to determine your estate’s beneficiaries. The beneficiaries are the people who will inherit the estate. While the beneficiaries can be your friends and family, they could also be charities or anyone else that you want to receive your assets. Additionally, you should consider designating residuary beneficiaries so that the court knows where to send any residual assets.
4. Name Guardians for Minor Children
If you have children under 18, your will should specify who will care for them if both parents pass away. For the safety and happiness of your children, this step is incredibly important.
5. Draft the Will
Once you’ve decided on what to put in your will, the next step is actually drafting it. While you can technically use an app to make your will, you should be cautious about taking this approach. If the will is poorly drafted or confusing, it can lead to disputes among your family members. You need to work with a Pennsylvania wills attorney who understands the local laws and regulations.
6. Sign and Store the Will Safely
When the will is completely finished, the last step is to sign it in front of witnesses. Add a self-proving affidavit as needed. Then, you can store the will in a safe spot, like your safe deposit box or with your attorney.
How a Skilled Will Lawyer Can Help
By partnering with a top-rated attorney, you can ensure a compliant, enforceable will. The lawyers at Clause Law Group can help with your last will and testament in PA in a variety of different ways.
Our team of dedicated attorneys help in a few important ways.
- Ensure your will complies with state law.
- Draft clear, enforceable language.
- Address complex estates, such as blended families and extensive real estate holdings.
- Provide guidance on tax planning and asset protection.
- Assist in creating related documents, like powers of attorney and living wills.
Frequently Asked Questions About Wills in PA
Over the decades, we’ve fielded a few common questions about wills in Pennsylvania.
Do I need a lawyer to make a will in Pennsylvania?
While you are under no legal obligation to use a lawyer, a skilled attorney can ensure your will is valid.
Can I change my will?
You can absolutely update your will if the situation changes. Afterward, you should make sure to destroy the old copies so that they don’t confuse anyone in the future.
What happens if I die without a will in PA?
Your estate will be distributed under Pennsylvania’s intestacy laws if you die without a will. As a result, your wishes may not be reflected in how the estate is actually distributed.
Learn More About Pennsylvania Wills
A will is an important way to demonstrate how much you care about your loved ones. When you make a valid last will and testament in PA, it helps to safeguard your assets, protect your loved ones, and ensure your wishes are followed. Through the help of an experienced Pennsylvania will lawyer, you can prevent expensive mistakes and create an enforceable will.
Find out more information by reaching out to the Clause Law Group’s experienced attorneys today.
