Validity of Online Wills in Pennsylvania Estate Law Requirements 2025 Explained

Validity of Online Wills under Pennsylvania Estate Law

Estate planning is a critical component of financial and personal security for individuals of all ages. A well-drafted will ensures that a person's wishes regarding the distribution of their assets after death are honored and legally enforceable. With the growing popularity of digital solutions, many people now consider using online platforms to create their wills. However, understanding the legal validity of online wills in Pennsylvania is essential before relying on such tools.

In Pennsylvania, the statutory requirements for a valid will are explicit. Under the Pennsylvania Probate, Estates and Fiduciaries Code, specifically 20 Pa.C.S.A. § 2502, a will must be a written document, signed by the testator or by another person in the testator’s presence and by their direction. Additionally, the will must be witnessed by at least two competent adults who are present at the same time and who understand that the document is the testator’s will.

This statutory framework means that while technology allows for convenience and accessibility in creating wills, certain procedural requirements cannot be circumvented. Notarization of a will alone, although an important element in some legal documents’ authentication, does not satisfy the witnessing requirement in Pennsylvania. In short, notarizing a will without two witnesses is insufficient for the will’s legal validity.

Online Will Platforms and Pennsylvania Law

Online platforms like Freewill.com and other digital estate planning services have gained traction due to their ease of use, lower costs, and speed. These services typically provide legal forms and guided drafting processes that help individuals create wills and other estate planning documents without visiting an attorney.

However, despite these advantages, the use of online wills must still conform to Pennsylvania’s legal requirements to be valid. This means that even if an online platform generates a will document, the testator must ensure:

• The will is in writing, either physically printed or in a tangible medium;
• The testator’s signature is affixed in the presence of two witnesses;
• Those two witnesses observe the testator signing or acknowledge the signature;
• The witnesses then sign the will during the same session, confirming the testator’s act and intent;
• The witnesses understand that the document is the testator’s last will and testament;

Without compliance with these formalities, the court may find an online will invalid, potentially leading to intestacy, where state laws determine asset distribution contrary to the testator’s wishes.

Risks Associated with Online Wills

There are several risks when relying solely on online will platforms without legal consultation, including:

• Non-compliance with statutory witnessing requirements;
• Unintentional errors in the will’s language or provisions;
• Failure to address complex estate planning needs like trusts, guardianships, or tax provisions;
• Overlooking updates or changes in the law that affect estate planning validity;
• Lack of individualized advice tailored to specific family or asset situations;

Moreover, online wills may not include provisions for contingencies such as alternate beneficiaries, executors, or guardians for minor children, which an experienced estate planning attorney would typically address to reduce future legal disputes.

The Importance of Legal Review and Updates

Given these risks, it is highly advisable to review any will generated through an online platform with a licensed estate planning attorney. Legal professionals can ensure that the will complies with Pennsylvania law and accurately reflects your intentions. They can also advise on supplementary estate planning documents such as powers of attorney, advance healthcare directives, and trusts that may be necessary for comprehensive planning.

Estate plans should not be static. Life changes such as marriage, divorce, birth of children, acquisition of new assets, or changes in tax law necessitate periodic review and possible revision of your will and other documents. Attorneys help ensure that your estate plan remains current and effective.

Steps to Valid Online Will Execution in Pennsylvania

To create a valid will utilizing an online platform and comply with Pennsylvania law, consider following these steps:

1. Complete the will document online using a reputable service that allows you to physically print the document;
2. Print the completed will to have a tangible written copy;
3. Arrange for two individuals who are competent and disinterested witnesses to be present at the same time;
4. Sign the will in the presence of those witnesses;
5. Have the two witnesses sign the will to attest to the testator’s signing and the document’s authenticity;
6. Store the will in a safe and accessible place; inform trusted individuals where to find it;
7. Periodically review and update the will with legal assistance to reflect life changes and legal developments;

Common Questions About Online Wills in Pennsylvania

Is a will created entirely online valid in Pennsylvania? The will can be valid if it is printed and signed by the testator in the presence of two witnesses who also sign it. Merely generating a will online without meeting these execution requirements will likely render it invalid.

Can I notarize my will in place of witnesses? No. Notarization does not replace the need for two witnesses under Pennsylvania law. A notary’s signature alone is insufficient.

What if my will does not comply with these formal requirements? A court may declare the will invalid, and your estate would be distributed according to intestate succession laws.

Should I use online platforms for creating my will? Online platforms provide useful drafts and cost-effective tools; however, professional legal advice is strongly recommended to ensure validity and completeness.

Role of Legal Professionals in Online Will Validity

Estate planning attorneys play a crucial role in validating and customizing wills created online. Their expertise enables them to identify potential issues, ensure compliance with statutory requirements, and tailor provisions to unique family dynamics, wealth structures, and future planning goals.

By consulting with an attorney, individuals gain:

• Assurance that all legal formalities are properly executed;
• Clarification on up-to-date legal standards and tax implications;
• Strategic guidance on incorporating other estate planning instruments;
• Support in filing, storing, and safeguarding estate documents;

Ultimately, legal guidance mitigates the risk of disputes, probate delays, and unintended consequences, safeguarding your legacy.

Technology and Future Considerations in Estate Planning

As technology evolves, the nature of wills and their execution may also transform. Some jurisdictions have begun exploring electronic wills, remote witnessing, and video notarizations. However, as of 2025, Pennsylvania has not authorized electronic wills, and physical signatures and witnesses remain mandatory.

Staying informed about legislative developments and emerging technologies will help Pennsylvanians adapt their estate plans accordingly. Continuing to work with legal professionals ensures compliance with current laws and readiness for future changes.

How to Seek Professional Assistance

If you are considering creating or updating your will, especially if you have used or plan to use an online platform, it is prudent to reach out for legal advice. Qualified estate planning attorneys can review your documents, provide counsel tailored to your circumstances, and guide you through proper execution procedures.

You can contact our firm, Legal Marketplace CONSULTANT, through the communications details provided in our bio or send a private message for a confidential consultation. We are committed to helping you secure peace of mind regarding your estate’s future.

Legal Marketplace CONSULTANT specializes in comprehensive estate planning services, ensuring that your online wills and estate documents are valid, tailored, and enforceable under Pennsylvania law.