One of the most important legal documents that a person can create is a Last Will and Testament. If a person dies without a Will, the state law decides how your property gets distributed. For example, if you die without a Will in Pennsylvania and you have a living spouse and children, then your spouse is entitled to the first $30,000 and to one-half of the balance of your intestate property. Your children inherit everything else.
Therefore, if you want to control how your property gets distributed when you die, you need to create a Will.
Any person who is 18 years or older and of sound mind can make a Will in Pennsylvania. “Sound mind” generally means that there is no court order or physician certification that the person has been found to be incompetent.
A Will must be in writing (typed or hand written) and it must be signed by the person making the Will (called the Testator or Testatrix). If the person making the Will cannot sign his or her name, then two disinterested witnesses must sign the Will in the presence of the person making the Will.
Although witnesses are usually not required, it is definitely better to have two witnesses sign your Will and that the Will is also notarized. In Pennsylvania, if the Will is notarized and signed by the two witnesses at the same time as the person making the Will, then the Will is “self-proving” which means that at the time of your death, the Register of Wills will accept the Will without the witnesses coming to the Courthouse to verify the Will.
The attorneys of Supinka & Supinka, PC are experienced in preparing Last Will and Testaments. For more information and a consultation, please call Supinka & Supinka PC (724) 349-6768.
