Estate plan

Pennsylvania

Everything to plan your estate in Pennsylvania: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

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Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Pennsylvania, all for $29/year.

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Pennsylvania content last reviewed May 18, 2026.

Will

Trust

POA

2W + N

HC Directive

2W

E-will

Not adopted

RON

Limited

Since 2020, not all documents

ROW

Not allowed

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses = no formal requirements
1

Will

20 Pa. Cons. Stat. §2501 et seq.

Witnesses: None required

Pennsylvania does not require witnesses at the time of signing for a will signed with the testator's handwritten signature (20 Pa.C.S. §2502). Two witnesses must verify the testator's signature at probate, so having witnesses sign at execution is strongly recommended. Statutory exceptions: a will signed by mark requires two attesting witnesses present at the time of signing (§2502(2)), and a will signed at the testator's direction by another requires two attesting witnesses (§2502(3)). If you sign by mark or have someone sign on your behalf, two witnesses must be present and sign at execution.

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Valid

Handwritten wills without witnesses are recognized in Pennsylvania

Self-proving affidavit: Available

20 Pa.C.S. §3132.1(b) provides a single self-proving affidavit form with two attestation pathways: (i) the testator and witnesses appear before an officer authorized to administer oaths (typically a notary), or (ii) they appear before a Pennsylvania-licensed attorney who certifies the acknowledgment and affidavits to such an officer as provided in §3132.1(c). The notary's certificate under official seal is required in either case.

2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

3

Durable Power of Attorney

20 Pa.C.S. §5601 et seq.

Witnesses: 2 required

Pennsylvania requires 2 witnesses for power of attorney execution

Notarization: Required

Notarization is required for a valid durable power of attorney

Key features of Pennsylvania POA

9 'hot powers' requiring express grant under §5601.4: trust creation/amendment/revocation, gifts, survivorship rights, beneficiary changes, delegation, joint-and-survivor annuity waiver, fiduciary powers, disclaimers, access to electronic-communications content
Required statutory NOTICE to principal under §5601(c) and agent acknowledgment under §5601(d)
Requires BOTH 2 witnesses AND notary (§5601(b))

State-specific notes

Requires both two witnesses AND a notary (20 Pa.C.S. §5601(b)(3))
Witnesses cannot be the agent, the notary, or any individual who signed the POA on the principal's behalf (20 Pa.C.S. §5601(b)(3)(ii); see also §5601(b)(2) for the by-mark/by-another disqualification)
ViewStatutory warning notice
NOTICE THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT, WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST ACT IN ACCORDANCE WITH YOUR REASONABLE EXPECTATIONS TO THE EXTENT ACTUALLY KNOWN BY YOUR AGENT AND, OTHERWISE, IN YOUR BEST INTEREST, ACT IN GOOD FAITH AND ACT ONLY WITHIN THE SCOPE OF AUTHORITY GRANTED BY YOU IN THE POWER OF ATTORNEY. THE LAW PERMITS YOU, IF YOU CHOOSE, TO GRANT BROAD AUTHORITY TO AN AGENT UNDER POWER OF ATTORNEY, INCLUDING THE ABILITY TO GIVE AWAY ALL OF YOUR PROPERTY WHILE YOU ARE ALIVE OR TO SUBSTANTIALLY CHANGE HOW YOUR PROPERTY IS DISTRIBUTED AT YOUR DEATH. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD SEEK THE ADVICE OF AN ATTORNEY AT LAW TO MAKE SURE YOU UNDERSTAND IT. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA.C.S. CH. 56. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS.
ViewStatutory categories (23)
General categories: A. Real property transactions B. Tangible personal property transactions C. Stocks, bonds, and securities transactions D. Banking and financial institution transactions E. Business operating transactions F. Insurance and annuity transactions G. Estate, trust, and other beneficiary transactions H. Claims and litigation I. Personal and family maintenance J. Benefits from governmental programs or civil or military service K. Retirement plan transactions L. Tax matters M. Digital assets and electronic records N. All other matters Hot powers (require separate authorization): 1. Create, amend, revoke, or terminate an inter vivos trust (20 Pa.C.S. §5601.4) 2. Make a gift, subject to limitations of 20 Pa.C.S. §5601.4(b)(2) (gift-power exclusion replaced former §5604 by Act 95 of 2014) (20 Pa.C.S. §5601.4(b)(2)) 3. Create or change rights of survivorship 4. Create or change a beneficiary designation 5. Delegate authority granted under this power of attorney 6. Waive the principal's right to be a beneficiary of a joint and survivor annuity 7. Exercise fiduciary powers that the principal has authority to delegate 8. Access the content of electronic communications, as that term is defined in 18 Pa.C.S. §7102 (20 Pa.C.S. §5601.4(a)(9)) 9. Disclaim property, including a power of appointment (20 Pa.C.S. §5601.4(b))
ViewAgent acknowledgment wording
I, {agentName}, HAVE READ THE ATTACHED POWER OF ATTORNEY AND AM THE PERSON IDENTIFIED AS THE AGENT FOR THE PRINCIPAL. I HEREBY ACKNOWLEDGE THAT WHEN I ACT AS AGENT: I SHALL ACT IN ACCORDANCE WITH THE PRINCIPAL'S REASONABLE EXPECTATIONS TO THE EXTENT ACTUALLY KNOWN BY ME AND, OTHERWISE, IN THE PRINCIPAL'S BEST INTEREST, ACT IN GOOD FAITH AND ACT ONLY WITHIN THE SCOPE OF AUTHORITY GRANTED TO ME BY THE PRINCIPAL IN THE POWER OF ATTORNEY.
ViewWitness disqualification recital
I am not the agent designated in this power of attorney, not the notary public or other officer before whom the principal acknowledged this power of attorney, and not the individual (if any) who signed the power of attorney on behalf of and at the direction of the principal (20 Pa.C.S. §5601(b)(3)(ii); see also §5601(b)(2) for the by-mark/by-another disqualification).
4

Living Will / Advance Directive

20 Pa.C.S. §5421 et seq.

Witnesses: 2 required

Pennsylvania requires 2 witnesses

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

Living Will: two adult (18+) witnesses required (20 Pa.C.S. §5442). Health Care Power of Attorney: two adult witnesses required (20 Pa.C.S. §5452)
Witnesses cannot be the person who signed the document on the principal's behalf; a health care provider for the principal cannot sign on the principal's behalf or serve as a witness (§§5442, 5452)
Capacity: principal must be 18+ or have graduated high school, married, or be an emancipated minor (§§5442, 5452)
Pregnancy override: §5429 directs that life-sustaining treatment, nutrition, and hydration must be provided to a pregnant principal with an end-stage condition or permanent unconsciousness unless two physicians certify that the treatment will not permit fetal development to live birth, is physically harmful, or causes unrelievable pain
20 Pa.C.S. §5471 sets out the statutory combined-form example (Durable Health Care Power of Attorney and Health Care Treatment Instructions / Living Will)
ViewForm section list (4)
1. Designation of Health Care Agent 2. Alternate Agent 3. Treatment Preferences 4. Execution
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Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Designation of Guardian of the Person and Estate

Pre-designates the person you want a court to appoint as Guardian of the Person and Guardian of the Estate under 20 Pa.C.S. §5604(c)(2) if a guardianship is ever needed. Pennsylvania uses 'guardian' (not 'conservator') for adult protective proceedings.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

Free
Paid
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
Secure online storage
Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime
Annual review reminder
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Electronic will status

Pennsylvania has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

Pennsylvania has adopted RUFADAA (2020). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Pennsylvania authorized RON in 2020. Pennsylvania's RULONA at 57 Pa.C.S. §306.1 (Act 97 of 2020) generally authorizes remote online notarization. The Pennsylvania Department of State's Notary Public Reference Manual does not currently list a categorical exclusion for self-proved wills, but RON support for wills is unsettled in practice. Plan to notarize the will's self-proving affidavit in physical presence.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Pennsylvania does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Pennsylvania for guidance specific to your situation.

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