Estate plan requirements

Pennsylvania

Everything you need to create a valid estate plan in Pennsylvania: wills, trusts, powers of attorney, and healthcare directives.

Will

Trust

POA

2W + N

Healthcare Dir.

2W

E-will

Not adopted

Online notary (RON)

Authorized

Since 2020

Remote witnessing (ROW)

Not authorized

Community property

No

Minimum age

18

2W + N = 2 witnesses + notarization2W = 2 witnesses, no notarization
N = notarization, no witnesses = no formal requirements
1

Will

Witnesses: None required

Pennsylvania does not require witnesses at signing. Two witnesses will need to verify your signature during probate, so having witnesses sign at the time of signing is still recommended.

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

Pennsylvania does not recognize handwritten wills without witnesses

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

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

Witnesses: 2 required

Pennsylvania requires 2 witnesses for power of attorney execution

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

Requires both two witnesses AND a notary — 20 Pa. C.S. §5601
Witnesses cannot be the agent or the notary
4

Healthcare Directive

Witnesses: 2 required

Pennsylvania requires 2 witnesses for healthcare directive execution

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

Two witnesses required — 20 Pa. C.S. §5442
Witnesses cannot be the person signing on the principal's behalf

Electronic will status

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

Remote online notarization

Pennsylvania authorized remote online notarization (RON) in 2020. You can have your estate planning documents notarized via live video call with an approved notary, without an in-person appointment.

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.