Are you getting started with estate planning in Mechanicsburg or elsewhere in Central Pennsylvania? If so, you need to be ready to write a will. Your last will and testament is the foundation of a comprehensive estate plan. At Keystone Elder Law P.C., we are proud to be leaders in estate planning, including in the drafting, review, and revisions of wills. Within this article, our Mechanicsburg estate planning lawyer provides an overview of the key things that you need to know about the role of a will in Pennsylvania.
Know the Law: Authority and Requirements for a Will in Pennsylvania
In Pennsylvania, a last will and testament is a legally recognized estate planning document that can be used to direct how a person’s estate is to be distributed upon death. Under Commonwealth law (20 Pa.C.S. § 2502), any person who is at least 18 years old and of sound mind may execute a valid will. To be valid and enforceable, a will must be in writing and signed at the end by the testator, or by another person under the testator’s direction and in their presence. While Pennsylvania does not require witnesses for the validity of a will, witnesses are necessary for a self-proving affidavit.
The Probate Process and the Appointment of an Executor
A will is administered through the probate process. It is managed by the Register of Wills in the county where the decedent resided. Once admitted to probate, the will becomes a matter of public record. The named executor gains legal authority to collect assets, settle debts, pay taxes, and distribute property according to the document’s terms. The executor acts as a fiduciary (20 Pa. C.S. § 3311). They must comply with the Orphans’ Court procedural rules regarding inventory, accounting, and notice to beneficiaries. A will’s clarity in designating an executor and outlining powers reduces disputes and administrative delay.
A Will Should Be Well Integrated into a Broader Estate Plan
A will is more than a distribution device. It is a controlling instrument for multiple functions that must be addressed as part of your estate plan. Among other things, the document may be used for designating guardians for minor children, providing residuary clauses to capture omitted property, and/or coordinating with non-probate transfers such as joint ownership, payable-on-death accounts, and trusts. Our Mechanicsburg, PA estate planning attorney can help you craft a will that is best suited for your specific situation.
Speak to Our Mechanicsburg Will Planning Lawyer Today
At Keystone Elder Law P.C., our Mechanicsburg will planning attorney has the knowledge, skills, and experience that you can trust. If you have any questions or concerns about the role of a will, we can help. Call us at 717-697-3223 or contact us online for your completely confidential consultation. With an office in Mechanicsburg, we serve communities throughout Central Pennsylvania, including in Shepherdstown, Carlisle, Camp Hill, Harrisburg, Hershey, Elizabethtown, and Dillsburg.