What Constitutes a Legal Will in Pennsylvania?
A will is a legal document that details who is to receive the deceased's assets or estate. It is drafted in accordance with Pennsylvania state law and becomes irrevocable at the time of death. The Register of Wills in each county in Pennsylvania is responsible for the probate of wills and the grant of letters testamentary or letters of administration to the executor entitled to administer the estate of the decedent.
Other People Are Reading
-
Probate
-
The Philadelphia Bar Association has produced a guide called the Philadelphia Estate Practitioner Handbook. This is available for download, free of charge from www.peph.com, and gives valuable information as to statutes, rules and guidelines for practice and procedure before the Register of Wills in Pennsylvania. The current statutory provisions for Pennsylvania are contained in the state Probate, Estates and Fiduciaries Code.
Wills
-
According to Pennsylvania Probates, estates and Fiduciaries Code, there are different types of wills that are allowable in Pennsylvania, and they generally fall into three categories: holographic, statutory and lawyer-prepared. A holographic will is one that has been completed entirely in the handwriting of the decedent. The handwriting must be legible and clear in its intent as to who will receive what assets. A holographic will must have been signed by the decedent, but it does not have to have been notarized or witnessed. However, it is always good practice to have two people witness a holographic will, so they can vouch for its authenticity. The witnesses should not be beneficiaries of the will.
-
Statutory
-
Pennsylvania law provides for the admissibility of form-type, fill in the blanks wills. These are readily available through stationers or online. These forms should only be used by people with relatively small estates that can be divided clearly and easily between the beneficiaries. This type of will needs to be witnessed by two people that are not beneficiaries of the will.
Lawyer-Prepared
-
For anyone that has a substantial estate, property and other valuable assets, they will benefit from consulting with an estate planning lawyer to ensure that the will is prepared in accordance with all Pennsylvania statutes. Particularly, where parents may pre-decease their minor children, it is essential to consult an attorney who can include guardianship matters within the will. This type of lawyer can also advise on the tax implications of any bequests.
Changes
-
Once a will is made, it may be changed, through the addition of codicils (amendments). Wills should be reviewed regularly to ensure that they still reflect the wishes of the person. If the person moves to another state, the will should be checked for validity in that state. The Pennsylvania Police Historical, Educational and Memorial Center website gives a useful example of a codicil.
-
References
Resources
- Photo Credit legal pad and mechanical pencil image by alpy7 from Fotolia.com
