Pennsylvania Wills
Posted by Priscilla
Wills should be updated every few years because things change and it is best to have the most accurate will on record. In the State of Pennsylvania wills must be filed by a person that is at least 18 years old. This person is called the testator. Most of all, the person must be of sound mind or have the capability of making decisions concerning their estate.
When you create a will in Pennsylvania you have a choice of typing or handwriting the will. A handwritten will is called a “holographic” will. The entire will is handwritten. There can be problems with a handwritten will because Pennsylvania laws are very particular concerning handwritten wills and the way they are designed.
Once a will is created it must be signed by the testator or signed in the testator’s name by another individual in the presence of the testator. Pennsylvania law requires the testator to tell the representative how to sign the will. There must be two witnesses that sign the will at the same time the testator signs to validate the will. No witnesses. No will.
If the testator changes his/her mind about the existing will it can be revoked or changed. Partial changes to a will can be made using a codicil. A codicil is a document that states what changes or additions have been made. Otherwise the testator can revoke their will by creating a replacement will or destroying the existing will by burning, tearing up or cancelling the document.
When the testator dies, the will must be presented to probate court. All debts and taxes shall be paid before any distribution of the estate is made.
Those that do not file a will in Pennsylvania will have their estate distributed according to Pennsylvania state law. When you die without a will the person is said to have died “intestate”. In Pennsylvania if the loved one was married then the surviving spouse takes the entire estate if there are no children, parents, or direct descendants alive when the testator dies. If the loved one is unmarried, then the estate is distributed evenly to the children. Finally if there was no spouse, nor children, the parents of the deceased receive the estate.
It is very important to create a will to ensure that all property is distributed according to your wishes in Pennsylvania, otherwise the state will distribute your estate for you with possible undesirable outcomes.
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