Is An Online Will Legally Valid in Pennsylvania?

Yes, online wills are legally valid in Pennsylvania. However, there are some rules you should know about what makes them legal. You have to take steps beyond simply creating one online. Learn more about those rules below.

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Not to worry, FeedingBird helps you every step of the way.

What Makes an Online Will Legally Valid in Pennsylvania?

Online wills are legal in Pennsylvania, and the state's execution rules are more relaxed than most. Electronic wills are not recognized, meaning wills that are signed and witnessed entirely online without ever being printed. In order for a will to meet legal requirements in Pennsylvania, it must be in writing, printed on paper, and signed by the person stating their wishes (the testator) at the end of the document.

Unlike most states, Pennsylvania does not require witnesses for a will to be valid. However, witnesses are needed to prove the will at probate unless you sign a notarized self-proving affidavit, so it's still recommended to have two witnesses sign when you execute your will.

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Pennsylvania does not have a separate holographic will statute, but a handwritten will that is signed at the end can be valid on the same terms as a typed will, since the state's baseline requirements are already minimal.

What You Need to Know about Online Wills in Pennsylvania

Estate laws can be quite complex and some vary significantly by state. It's important to ensure your online will is structured appropriately to avoid a long, complex legal process.

Pennsylvania Property Laws

Pennsylvania is a common law property state, not a community property state. This means ownership of an asset generally follows whose name is on the title, deed, or account. Pennsylvania also gives a surviving spouse an elective share, letting them claim up to 1/3 of certain assets even if a will leaves them less.

Pennsylvania Probate

All wills go through probate in the state of Pennsylvania unless the estate's personal property is valued at $50,000 or less, in which case you may qualify for Pennsylvania's small estate process through the Register of Wills. Otherwise, a trust is needed to avoid probate. Pennsylvania does not set a strict deadline for filing probate, though the inheritance tax return is due within nine months of death.

Avoiding Probate in Pennsylvania

• Put your assets in a revocable living trust. A living trust lets you have full control over your estate as the trustee. You name a successor trustee who will manage distributing your assets after your death.

• Name beneficiary designations on financial and retirement accounts. A payable-on-death (POD) designation will specify who receives payment at the time of your death. A transfer-on-death (TOD) designation names a new owner for those accounts.

• Establish joint ownership with right of survivorship. This gives your spouse or another co-owner automatic ownership of any joint property.

• Keep in mind that Pennsylvania does not allow transfer-on-death deeds for real estate, unlike many other states, so a living trust or joint ownership is typically the more reliable route for a home.

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