Pennsylvania: If a Will Was Not Properly Signed — FAQ and Next Steps

Short answer: Under Pennsylvania law, a will that was not executed according to the formal requirements is at risk of being held invalid. If the court rules the will invalid, the estate will either be distributed under an earlier valid will (if one exists) or under Pennsylvania’s intestacy rules. There are limited ways to rescue an otherwise defective document, but success depends on the facts and clear evidence of the decedent’s intent.

Detailed answer

This answer explains how Pennsylvania law treats wills that were not properly signed, what can happen during probate, and what family members or potential beneficiaries should expect.

1. What Pennsylvania law requires for a valid will

Pennsylvania requires formal execution of a will. The usual statutory rule is that a will must be in writing, signed by the testator (or by another person in the testator’s name at the testator’s direction), and witnessed by two competent witnesses who sign in the testator’s presence. See Title 20 of the Pennsylvania Consolidated Statutes (Decedents, Estates and Fiduciaries) for the statutory framework: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20.

2. What happens if the will was not properly signed or witnessed?

• If the probate court finds the will does not meet the statutory formalities, the will can be declared invalid (not admitted to probate).
• If there is an earlier valid will, the court will normally admit that prior will instead.
• If no valid will exists, the decedent’s estate will be handled under Pennsylvania’s intestacy statutes and distributed to heirs under the rules in Title 20, Chapter 21: https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20&div=0&chpt=21.

3. Possible alternatives or remedies

Even when a will lacks formal execution, there are a few fact-specific possibilities:

• Admission of an earlier, properly executed will if one exists.
• Evidence that the decedent intended the document as a will. Some courts may consider extrinsic evidence (such as drafts, witness testimony, communications, or the decedent’s consistent statements) to show intent, but Pennsylvania gives strong weight to statutory formalities. Any exception is fact-driven and can be difficult to win.
• Proof of a lost or destroyed will. If a will was properly executed but lost or destroyed after execution, a court may admit other evidence proving its terms if the proponent meets the required proof standard.
• Equitable or corrective relief. In rare cases (for example, clear scrivener errors or mutual mistake), a court might correct or reform documents to reflect the decedent’s intent. This typically requires clear and convincing evidence and is not a routine fix for a missing signature.

4. Burden of proof in probate litigation

If a party asks the court to admit an improperly executed document, that party bears the burden to prove either that the document was validly executed or that a statutory or equitable exception applies. The level of proof varies by issue, but courts commonly require clear and convincing evidence when admitting defective instruments or reforming documents.

5. Practical outcomes for the family and the estate

• Administration pauses while the court decides whether to admit the will. The court may appoint an administrator or temporary personal representative to protect assets during the dispute.
• If the will is denied probate and no other will exists, assets pass by intestacy rules (spouse, children, parents, siblings, etc.), which may yield a different distribution than the decedent intended.
• Creditors, taxes, and estate expenses still must be handled. An invalid will does not remove the estate’s obligations to pay debts and taxes before distribution under intestacy rules.

6. Where probate disputes are handled

Probate and will contests in Pennsylvania are handled by the Court of Common Pleas, typically through its Orphans’ Court (or the Orphans’ Court Division). For general information about the Orphans’ Court and probate procedures, see: https://www.pacourts.us/courts/common-pleas/orphans-court-division.

Example hypotheticals (how courts often decide)

These examples show common outcomes under Pennsylvania practice:

• Hypothetical A: The decedent signed a printed will but no witnesses signed. The probate court declines to admit it. If no prior will exists, the estate is distributed under intestacy.
• Hypothetical B: The decedent signed but only one witness signed. The court will usually treat the will as invalid unless strong extrinsic evidence shows the decedent intended the document as his or her will and a statutory exception applies (rare).
• Hypothetical C: A properly executed will existed but the original is lost after execution. The proponent produces credible testimony and copies showing the will’s terms; the court may admit the will after careful proof that it existed and was not revoked.

Helpful Hints

• Do not distribute assets before the court resolves the will’s validity. Improper distributions can create liability for the person who disburses funds.
• Search for earlier signed wills, signed codicils, or a signed self-proving affidavit. An earlier properly executed will can often be admitted instead.
• Collect evidence: drafts, emails, notes, witnesses’ memories, and any contemporaneous communications that show the decedent’s intent. That evidence can matter if the case turns on intent or lost-will proof.
• Preserve witnesses. Find and preserve contact information for anyone who saw the decedent sign, discussed the will, or helped prepare it.
• Contact a probate attorney early. Probate litigation involves tight deadlines and technical rules. An attorney can advise on petitions, evidence, and whether to seek temporary administration to protect estate assets.
• Check local court rules. Orphans’ Court procedures and filing requirements vary by county. The county’s clerk or local Orphans’ Court web page will have local guidance.

Important statutory references and resources (Pennsylvania):

• Title 20, Pennsylvania Consolidated Statutes (Decedents, Estates and Fiduciaries): https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=20
• Pennsylvania Orphans’ Court (information about probate procedures): https://www.pacourts.us/courts/common-pleas/orphans-court-division

Next steps if you face this situation

1. Stop any planned distributions and secure estate assets.
2. Search for other wills or signed codicils.
3. Gather documents and identify witnesses who can speak to execution and intent.
4. Speak promptly with a probate attorney experienced in Pennsylvania estate litigation. They can evaluate whether the document might still be admitted, whether to file a petition with the court, and what evidence is needed.

Disclaimer: This article explains general information about Pennsylvania probate law and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a qualified Pennsylvania probate attorney.