Before You Download That Free PA Will Template… Read This

Why “Simple” Wills in Pennsylvania Aren’t Always So Simple

A lot of Pennsylvanians think: “My situation is basic. I just want everything to go to my spouse, then my kids. That’s it.” Sounds easy. And honestly, for many people, it can be that straightforward – if the will is drafted and signed the way Pennsylvania law expects.

Where things go sideways is in the details:

• Someone forgets to name an executor, assuming “the oldest kid will just handle it.”
• A partner they live with for 15 years is left out completely.
• They handwrite changes in the margins years later.
• They assume a will controls life insurance or retirement accounts (often it doesn’t).

Pennsylvania doesn’t require a lawyer to draft your will. The state also doesn’t require witnesses for a typed ("attested") will to be valid under 20 Pa.C.S. § 2502, though witnesses are very smart to have for probate purposes. So people get bold with DIY forms. Sometimes it works. Sometimes it’s a mess.

Let’s walk through a few realistic “simple will” patterns you see over and over in Pennsylvania, and how a clean version differs from the version that causes headaches.

A very typical Pennsylvania “everything to my spouse” will

Imagine Maria, living in Lancaster. She owns a small rowhouse, a Subaru, some savings, and a 401(k) through her employer. She’s married to David, no kids yet. She wants something “short and clear” that says, in her words: “He gets everything, and if we both go, my nieces split it.”

A workable simple will for someone like Maria usually covers:

• A clear statement that this is her last will and revokes all prior wills.
• Appointment of an executor (and a backup) – often the spouse first.
• A simple distribution plan: everything to spouse, then to backup beneficiaries.
• A clause dealing with what happens if a beneficiary dies before her.

Here’s what that might look like in plain English (not full legalese, but close enough to recognize):

Example structure

• “I, MARIA RIVERA, of Lancaster County, Pennsylvania, make this my Last Will and Testament and revoke all prior wills and codicils.”
• “I appoint my husband, DAVID RIVERA, as Executor of my estate. If he does not serve, I appoint my sister, ELENA MARTINEZ, as alternate Executor.”
• “I give all the rest, residue and remainder of my estate of whatever kind and wherever located to my husband, DAVID RIVERA, if he survives me.”
• “If my husband does not survive me, I give my residuary estate in equal shares, per stirpes, to my nieces, ANA MARTINEZ and LUCIA MARTINEZ.”

That’s it. No fancy trusts, no 12-page tax planning.

Where does this go wrong in real life? Maria might:

• Forget to name an alternate executor. Then David dies first, and now the court has to sort out who should serve.
• Use vague language like “my stuff goes to my family,” which forces a judge to guess who “family” means.
• Assume the will controls her 401(k), even though she already named David as the beneficiary on the account paperwork. In reality, that beneficiary designation usually controls, not the will.

This is why lawyers keep repeating that your will is part of an estate plan, not the whole thing. Assets with beneficiary designations (retirement accounts, life insurance, some bank accounts) may pass outside the will entirely. The will is the backup net.

For a quick orientation to how wills fit into the broader estate process, the Pennsylvania courts offer consumer-friendly basic info on estates and probate: Unified Judicial System of Pennsylvania – Orphans’ Court.

When kids enter the picture, your “simple” will changes fast

Now take Jamal and Tasha in Pittsburgh. They have two young kids, a townhouse, some credit card debt, and not much else. Jamal keeps saying, “We don’t own much, why bother?” Tasha, who has watched a cousin fight over guardianship in court, is less relaxed.

For Pennsylvania parents with minors, a “simple” will usually needs two extra building blocks:

• Guardianship nominations for minor children.
• Property management for minors – either through a trust, a custodial account, or a named guardian of the estate.

In practice, it can look something like this:

Guardianship flavor

• “If my spouse does not survive me, I nominate my sister, KIMBERLY WATERS, as Guardian of the person of my minor children.”
• “I nominate my brother, DARIUS WATERS, as alternate Guardian.”

Money management flavor

• “Any share passing to a child of mine under the age of twenty-five (25) shall be held in trust by my Executor as Trustee, to be used for such child’s health, education, maintenance, and support. The Trustee may distribute principal and income as needed. Any remaining share shall be distributed outright to such child upon attaining age twenty-five (25).”

Is that still a “simple” will? Pretty much, yes. It’s still just one document. But it’s doing much more work.

Without those clauses, something else happens: the court may have to appoint a guardian of the estate for the kids and supervise how money is used. That’s slower, more expensive, and more public. A little planning in the will can keep more control with the people you actually trust.

If you want to see how Pennsylvania law treats minors and guardianship, the general rules live in Title 20 of the Pennsylvania Consolidated Statutes, which you can browse through the state’s code access: Pennsylvania General Assembly – Consolidated Statutes.

Unmarried partners and blended families: where “simple” gets political

Now think about Alex in Philadelphia. He’s been living with his partner, Chris, for 12 years. They never married. Alex has one adult daughter from a prior marriage, Maya. His gut feeling is: “I want Chris to be able to stay in the house, and I want Maya to get something too.”

If Alex dies without a will in Pennsylvania, the intestacy rules kick in. For unmarried partners, that usually means: they get nothing from the estate by default. The law focuses on legal spouses and blood/adopted relatives.

So for someone like Alex, a “simple will” might:

• Give Chris the right to live in the house for life (or for a set number of years).
• Leave the rest, or what’s left of the house later, to Maya.

In practice, a short clause might say:

“I give my residence located at 1234 Walnut Street, Philadelphia, Pennsylvania, to my partner, CHRIS TAYLOR, for so long as Chris shall live, so long as Chris continues to use it as a primary residence. Upon Chris’s death or earlier permanent move from the property, the property shall pass to my daughter, MAYA HERNANDEZ, if she survives me.”

Is that still “simple”? It’s not a 40-page trust, but it does involve:

• Thinking about timing (who uses the asset when).
• Balancing the interests of a partner and a child from a prior relationship.

Where people like Alex often trip up is either:

• Leaving everything to the partner, assuming the child will “understand,” or
• Leaving everything to the child, assuming the partner can just “work it out” with them.

Both approaches can easily breed resentment, especially when there’s a house involved. A short, clear clause in a will can make expectations very explicit and reduce the emotional landmine.

For blended families (second marriages with kids from previous relationships), the same tension shows up. A basic Pennsylvania will can still handle it, but the wording needs to be careful about who gets what, and when.

The handwritten Pennsylvania will: when is a “simple note” enough?

Every Pennsylvania probate lawyer has at least one story about a handwritten will found in a drawer, a glove compartment, or, yes, the freezer.

Pennsylvania does recognize handwritten wills (often called “holographic” wills) as long as they meet the basic requirements: the person had capacity, intended the document to be their will, and signed it. There’s no special statute requiring witnesses for a handwritten will.

Still, the real-world problems are predictable:

• No date, so no one knows whether this is the last will.
• No clear revocation of earlier wills.
• Vague gifts like “give my money to my kids” when there are stepchildren and estranged kids.
• No executor named, leaving the family to fight over who steps up.

Take Sam in Erie, who writes on notebook paper:

“I want my sister to get my house and my brother to get my truck. The rest goes to my kids. – Sam”

If Sam has two kids, one stepchild he helped raise, a house with a mortgage, and a leased truck, this note might trigger more questions than answers. A Pennsylvania court might still accept it as a will, but the family could spend time and money proving it was really meant as his final testament.

A more deliberate handwritten will from Sam, still short but better structured, might say:

“This is my Last Will and Testament. I, SAMUEL JONES, of Erie County, Pennsylvania, revoke all prior wills and codicils. I appoint my sister, LINDA JONES, as Executor of my estate. I give my residence at 789 Maple Street, Erie, Pennsylvania, to my sister, LINDA JONES, if she survives me. I give my 2020 Ford F-150 to my brother, MICHAEL JONES, if he survives me. I give the rest of my estate to my children, EMMA JONES and LUKE JONES, in equal shares, per stirpes. Signed this 5th day of March, 2025. /s/ Samuel Jones.”

Still just one page. Still handwritten. But far easier for the court – and the family – to work with.

If you’re curious about the formalities Pennsylvania courts look for when a will is probated, the Register of Wills in your county is usually the first stop. Many counties have online information; the statewide courts site is a good jumping-off point: Unified Judicial System of Pennsylvania – Probate and Estates.

The “I’ll fix it later” trap: updating your will in Pennsylvania

A pattern that shows up constantly: someone signs a perfectly fine simple will in their 30s, then life happens. New baby. Divorce. Second marriage. New house. And the will just… sits there.

That’s how you get:

• Ex-spouses still named as executors or primary beneficiaries.
• New children who are never mentioned, raising questions about whether they were intentionally left out.
• Charities or friends who are long out of the picture still written into the document.

In Pennsylvania, you can update a will by either:

• Signing a new will that clearly revokes the old one, or
• Adding a codicil (a separate amendment), signed with the same formalities as a will.

What you should not do is scribble notes in the margins and assume they’ll be honored. That’s the legal equivalent of saying, “Eh, future me will figure it out.” Future you is not there. Your family is. And they’re stuck with your edits.

A clean strategy many lawyers like is: when there’s a major life change (marriage, divorce, new child, big move to another state, major change in assets), treat that as your cue to revisit the will. Sometimes the fix is tiny. Sometimes you rewrite the whole thing. But at least it matches your actual life.

For general background on why updating estate documents matters, the American Bar Association has a public resource section that’s worth a look: American Bar Association – Estate Planning FAQs.

How “simple” can you safely go without a lawyer?

Let’s be honest: plenty of Pennsylvanians use online forms or do-it-yourself templates and never see a lawyer. Sometimes those wills work fine. Sometimes they don’t.

If your situation looks like this:

• You live in Pennsylvania.
• You have a modest amount of assets.
• You want everything to go to one person (spouse, partner, or a single child), with a clear backup.
• You’re not trying to do tax planning, business succession, or complex trusts.

Then a carefully chosen, Pennsylvania-specific simple will template might be enough – if you:

• Read the instructions slowly instead of just filling in names.
• Make sure it references Pennsylvania law or is designed for Pennsylvania.
• Sign it correctly, ideally with witnesses and a notary, even if not legally required.

Once you add any of these:

• Kids from different relationships.
• A partner you are not married to.
• A small business.
• A family member with special needs who receives public benefits.

…you’re in territory where a “simple” will can accidentally do real harm. At that point, it’s usually worth at least a short consultation with a Pennsylvania estate attorney, even if you still want to keep the document itself short.

If cost is your main concern, it’s worth checking whether your local bar association or legal aid organization offers low-cost or limited-scope estate planning help. The Pennsylvania Bar Association’s public resources page is a decent starting point: Pennsylvania Bar Association – For the Public.

Quick FAQ about Pennsylvania simple wills

Do I need witnesses for a simple will in Pennsylvania?

Pennsylvania does not require witnesses for a typed will to be valid under the statute. However, witnesses are very helpful when the will is probated, especially if someone later questions the signature or your capacity. Many lawyers also include a self-proving affidavit signed before a notary, which can make the probate process smoother.

Can I just use any online will form if I live in Pennsylvania?

You can, but you’re rolling the dice if the form isn’t tailored to Pennsylvania law. Each state has its own quirks about execution, spousal rights, and what happens if a beneficiary dies before you. If you do use an online form, make sure it’s clearly labeled for Pennsylvania and that you follow the signing instructions exactly.

Does my Pennsylvania will control my 401(k) and life insurance?

Usually not. Retirement accounts and life insurance policies typically pass according to the beneficiary designations you filed with the company or plan administrator. Your will is more like a backup plan for everything that doesn’t have its own beneficiary form. It’s smart to review those designations at the same time you review your will.

What happens if I die in Pennsylvania without a will?

Pennsylvania’s intestacy laws decide who gets what. The rules favor a surviving spouse and children first, then more distant relatives. Unmarried partners, friends, and charities are generally not in the default order. If you care about providing for someone outside that statutory list, you need a will or other planning.

Is a handwritten Pennsylvania will on plain paper valid?

It can be, as long as you had capacity, intended it to be your will, and signed it. There’s no special requirement that it be typed or notarized. That said, handwritten wills tend to cause more disputes and proof problems. If you’re going to write one by hand, make it clear, date it, revoke prior wills, name an executor, and spell out who gets what.

Pennsylvania lets you keep your will short if your life is relatively straightforward. The trick is to make sure “short” doesn’t slide into “vague” or “half-finished.” Whether you’re leaving everything to one person or juggling a partner, kids, and a house, the goal is the same: a document that actually does what you think it does when you’re no longer around to explain it.