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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Pennsylvania for guidance on your specific situation.

Detailed Answer

In Pennsylvania, notarization is optional for wills. However, a valid formal will generally requires two witnesses. If you have a will that was neither witnessed nor notarized, you must determine whether it qualifies as a holographic will or if alternative proof can establish its validity.

1. Understand Pennsylvania’s execution requirements

• A formal will must be in writing, signed by the testator, and attested by two witnesses who sign in the testator’s presence (20 Pa.C.S. § 2502). View § 2502
• Pennsylvania recognizes holographic wills—wills entirely handwritten, dated, and signed by the testator—with no witness requirement (20 Pa.C.S. § 2502(b)). View § 2502
• Notarization is only necessary if you wish to make the will “self-proved,” which speeds up probate by avoiding live witness testimony (20 Pa.C.S. § 2508). View § 2508

2. Determine if your will is holographic

If the entire document is in the testator’s handwriting and includes their signature and date, it may qualify as a holographic will. To probate a holographic will, you must prove authenticity—typically through affidavits or testimony from handwriting experts or persons familiar with the testator’s handwriting.

3. File a probate petition

To open probate in Pennsylvania, file a petition with the Orphans’ Court Division in the county where the decedent lived (20 Pa.C.S. § 3102). See § 3102

1. Obtain the original will and death certificate.
2. Complete the petition for probate and appointment of personal representative.
3. Submit proof of due execution: witness affidavits, handwriting expert report, or self-proving affidavit if available.
4. Pay the required filing fees.
5. Attend the hearing and present evidence of the will’s validity.

4. What if the will cannot be proved?

If you cannot establish that the unwitnessed document meets statutory requirements, the court will treat the estate as intestate. Pennsylvania’s intestacy rules then govern asset distribution under 20 Pa.C.S. § 2101 et seq.

Helpful Hints

• Locate original will: Courts require the original document; photocopies are insufficient.
• Contact potential witnesses: If two attesting witnesses exist, have them provide sworn statements or deposition testimony.
• Consider a handwriting expert: Their affidavit can help prove a holographic will.
• Gather death certificate early: Many jurisdictions won’t process probate petitions without it.
• Use official probate forms: County Orphans’ Court websites often provide templates for petitions and notices.
• Understand deadlines: Pennsylvania generally doesn’t impose a strict time limit to probate a will, but delays can complicate matters and incur additional costs.
• Intestate alternative: If proof fails, prepare for intestate administration—identify heirs under 20 Pa.C.S. § 2102.