How Do I Update My Will and Revoke the Old One in Pennsylvania Without Filing Both? | Pennsylvania Probate | FastCounsel
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How Do I Update My Will and Revoke the Old One in Pennsylvania Without Filing Both?

How can I update my will to create a new document and automatically revoke the old version without filing both with the court? - Pennsylvania

The Short Answer

In Pennsylvania, you can update your estate plan by signing a new will that expressly revokes all prior wills and codicils. You generally do not file wills with the court while you are alive—wills are typically presented for probate only after death—so the focus is making sure the new will is valid and clearly revokes the old one.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

  • Strict validity requirements: If the new will is not properly executed under 20 Pa.C.S. § 2502, you can end up with a document that fails—potentially leaving the old will (or intestacy) to control.
  • Burden of proof and contests: If family members argue about capacity, undue influence, or whether a revocation was effective, your estate may face delays and litigation risk.
  • Exceptions and “partial revocation” problems: Trying to “edit” an old will, staple pages, cross things out, or rely on informal notes can create ambiguity about what was revoked versus what remains—exactly the kind of confusion that triggers disputes.

Also, your question mentions “filing both with the court.” In Pennsylvania, most people do not file a will with the court during life; the will is typically produced to the Register of Wills after death. The real risk is that multiple versions exist and someone later produces the wrong one (or claims the newer one is invalid). For more on what can happen when the wrong version is produced or the original is missing, see what happens if the original will is lost or damaged before probate in Pennsylvania and probating a copy of a will in Pennsylvania.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.