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Last Will and Testament

A Will Is the Only Document That Names a Guardian for Your Children

Wills

Ask most people what a will does and they’ll say “it says who gets my stuff.” That’s true, but incomplete — and the incompleteness matters. A will is also the only legal document in Pennsylvania that lets you name a guardian for a minor child, name the person who will settle your affairs, and put your wishes in writing rather than leaving them to a judge applying a one-size-fits-all statute.

Without a Will

Without a will, Pennsylvania’s intestacy statute decides everything: who inherits, in what shares, and — if there’s no other parent — who a court believes should raise your children, based on a hearing where family members can and do disagree. A will replaces that default with your own decisions, on record, before anyone is grieving and arguing at the same time.

ESTATE PLANNING

What a Will Actually Controls

A will governs the assets that pass through your probate estate — generally, anything titled in your name alone with no beneficiary designation or joint owner. It does not control a life insurance policy with a named beneficiary, a retirement account with a named beneficiary, or property held in joint tenancy with survivorship rights; those pass by contract or by operation of law regardless of what the will says. This is one of the most common estate planning mistakes we see: someone updates their will after a divorce but forgets to update the beneficiary on a 401(k) opened twenty years earlier, and the ex-spouse inherits the account anyway.

The Three Decisions Every Will Makes

01

Distribution

Who receives your property, in what shares, and under what conditions — outright at your death, held in trust until a certain age, or subject to any other terms you choose.

02

Executor

The person responsible for managing assets, debts, and taxes, then distributing what remains. It’s a legal responsibility—not an honor—and deserves consideration.

03

Guardianship

If you have minor children, who raises them if both parents are gone. Courts give substantial weight to a parent's written nomination, though it is not absolute.

WILL VS TRUST

An Honest Comparison

A will alone means your estate goes through probate — the court process that validates the will, supervises the executor, and creates a public record of what you owned and who inherited it. Probate in Pennsylvania is generally less burdensome than in many other states, but it is still a public, court-supervised process with filing fees and, often, months of administration before assets are fully distributed.

A trust-based plan can avoid probate for the assets it holds, but it requires actually transferring those assets into the trust — a step called funding — and it costs more upfront to establish. For many people with modest, straightforward estates, a well-drafted will remains the right tool. For people who own real estate in more than one state, want privacy, or want to avoid a probate delay for a surviving spouse, a trust is often worth the additional cost.

A WORD ON DIY WILLS

Don’t Leave Room for Ambiguity

Online will templates can technically satisfy Pennsylvania’s execution requirements, but the failures we see most often in inherited DIY wills aren’t about signatures — they’re about ambiguity. A will that says “I leave my property to my children equally” can trigger a dispute if one child predeceased the parent and left grandchildren, or if “children” is meant to include a stepchild the parent always treated as their own but never legally adopted. These are exactly the situations litigation grows out of, and they’re avoidable with careful drafting.

Frequently Asked Questions

What happens if I die without a will in Pennsylvania?
Your estate passes under Pennsylvania’s intestacy law, which distributes assets according to a fixed formula based on which relatives survive you — spouse, children, parents, or siblings — regardless of your actual wishes. A surviving spouse does not automatically inherit everything if there are also surviving children or parents. See our full explanation on the Estate Administration page and our blog post on Pennsylvania intestacy.
Can I write my own will and have it be valid?
Pennsylvania recognizes handwritten (holographic) wills in narrow circumstances, but the risk of an ambiguous or incomplete document is high, and the cost of fixing a mistake after death — through litigation — is far higher than the cost of proper drafting up front.
Does a will avoid probate?
No. A will is a set of instructions for the probate process, not an alternative to it. Avoiding probate requires other tools, most commonly a properly funded revocable trust.
How often should I update my will?
Review it after any major life event — marriage, divorce, a birth, a death, a significant change in assets — and at minimum every few years even if nothing has changed, since tax law and your own circumstances shift more often than people expect. Our TLC™ Estate Plan Maintenance & Fee Guarantee Program builds this review into an annual process.
Who should I name as executor?
Someone organized, trustworthy, and willing to take on an administrative burden during a difficult time — not necessarily your oldest child or closest relative by default. It’s also wise to name a backup in case your first choice is unable or unwilling to serve.

A WORD ON DIY WILLS

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