Pennsylvania does something most states do not: it lets you make a valid will entirely on your own. No witnesses at signing, no notary, nothing but your signature in the right place.
That flexibility has a cost, and it is paid years later by whoever has to probate the thing.
What Pennsylvania requires for a valid will
Very little. The will must be in writing and signed by the testator at the end of the document. That is the core of it.
The “at the end” part is not decorative — signing in the wrong place can affect what the document disposes of. But no witnesses are required at execution, and no notarization is required either.
This surprises people who have made a will elsewhere. Most states require two witnesses for a will to be valid at all. Pennsylvania does not — which means a Pennsylvania will can be perfectly valid and still be difficult to prove.
Where the difficulty arrives
Validity and provability are different things. A will is valid the moment it is properly signed. It only does anything once it has been admitted to probate — and that is where witnesses reappear.
Absent a self-proving affidavit, witnesses are required to prove the will at probate. Which produces an obvious problem in a state that did not require any witnesses when it was signed.
Even where two people did watch you sign, consider the timeline. A will made at 55 may be probated at 88. The witnesses are now in their eighties themselves, or have moved four times, or have died. Someone — usually your executor, usually while grieving — has to find them.
What the self-proving affidavit does
It front-loads the proof. At the signing, the testator acknowledges the will and two witnesses swear to what they observed, all before a notary. That sworn statement is attached to the will.
When the will reaches probate, the affidavit stands in place of live testimony. No witnesses to locate, no delay while somebody is traced, no problem if they have died.
| Self-proved will | Not self-proved | |
|---|---|---|
| Witnesses needed at probate | No | Yes |
| Executor must trace witnesses | No | Yes |
| Problem if a witness has died | No | Yes |
| Problem if no witnesses ever signed | No | Serious |
| Typical effect on timing | Straightforward | Delay, sometimes months |
| Cost to arrange | One notary appointment | — |
What happens at the appointment
- The testator signs the will at the end, in the presence of the witnesses.
- The notary identifies everyone from current government photo identification.
- The testator acknowledges the will — confirming it is theirs and was signed willingly.
- The two witnesses swear to what they observed.
- The notary completes the certificate and applies the official stamp.
The affidavit is a distinct notarial act from anything on the will itself, and it involves an oath — so it is a verification on oath or affirmation, with the perjury exposure that carries. That is precisely what gives it weight at probate.
The handwritten will problem
Pennsylvania’s permissiveness produces a particular kind of document: the will written out by hand, at a kitchen table, signed and put in a drawer. It is very often valid.
It is also the hardest kind to probate. There are no witnesses, frequently no date, sometimes no clear statement that it is intended as a will at all — and the person who could explain any of it is the one person who cannot be asked.
A self-proving affidavit does not repair a badly drafted will. What it does is remove one whole category of argument, by establishing that this document was signed by this person, on this date, in front of two people who swore to it. On a homemade will that is worth considerably more than it is on a professionally drafted one.
Better still is to have the will drafted properly and then self-proved. The affidavit is a safeguard, not a substitute for advice.
Choosing witnesses
Two disinterested adults. Pennsylvania’s rules here are less restrictive than for advance directives, but the practical advice is stricter than the law.
| Person | Advisable? |
|---|---|
| A friend or neighbour with no stake in the estate | Yes |
| A colleague not named in the will | Yes |
| A beneficiary under the will | No — invites argument about their gift |
| The named executor | Better avoided |
| Your spouse | No — almost always a beneficiary |
| Someone likely to move abroad or be hard to reach | Fine, once the affidavit exists |
That last row is the quiet advantage. Once the affidavit is in place, it stops mattering whether the witnesses can ever be found again — which is exactly the point of doing it.
What a notary cannot do here
The boundary is firm, and wills invite the questions it excludes.
- Draft or amend the will. That is practising law.
- Advise on how to divide an estate, or on tax consequences.
- Say whether the will is valid or achieves what you intend.
- Explain what a clause means.
- Confirm whether an existing will can be made self-proved — ask the attorney who prepared it.
Those belong with an estate attorney. The line is the same one described in notary public versus notario público in Pennsylvania, and it exists for the same reason.
Then put it somewhere sensible
A self-proved will still has to be found. The most carefully executed document in the Commonwealth achieves nothing sitting in a safe deposit box nobody can open.
Tell your executor it exists and where it is, and keep the original accessible. While you are arranging documents, a power of attorney and an advance directive cover the decisions that arise before a will ever operates — and both have witness rules of their own.
We notarize self-proving affidavits at our Bethlehem notary office. Bring the will unsigned, two disinterested witnesses, and photo identification for everyone. The statute is 20 Pa.C.S. § 3132.1, Self-proved wills.
Frequently asked questions
Does a will need witnesses in Pennsylvania?
Not to be valid. Pennsylvania does not require witnesses at execution — a will in writing and signed by the testator at the end is legally valid. Witnesses become necessary later, at probate, unless the will is self-proved.
What is a self-proving affidavit?
A sworn statement attached to the will, in which the testator acknowledges the will and two witnesses swear to what they observed, all before a notary. It allows the will to be admitted to probate without any witness testimony.
Does a will have to be notarized in Pennsylvania?
No. The will itself does not require notarization to be valid. What gets notarized is the self-proving affidavit attached to it, which is optional but strongly advisable.
What happens at probate without one?
Someone must produce witnesses to prove the will. Those witnesses have to be found, may have moved, may have died, and in Pennsylvania may never have existed because none were required at signing. That is exactly the delay the affidavit removes.
Who can be a witness on the affidavit?
Two disinterested adults. Anyone who benefits under the will is a poor choice, and using a beneficiary can create arguments about the gift to them. Choose people with no stake in the estate.
Can I add a self-proving affidavit to a will I already signed?
Often yes, though the details matter and it is a question for the attorney who prepared the will. Bring the original document rather than a copy if you want it looked at.
Making a will self-proved?
Bring two disinterested witnesses and photo ID for everyone, and call ahead so we can set aside the time. Hablamos Español.