Create a Pennsylvania Last Will and Testament with our customizable template!
A Pennsylvania Last Will and Testament is a document that allows a person (called a Testator) to legally declare in writing what is to happen to their assets, property, and belongings once they pass away. Generally, Testator’s will leave their belongings and assets to their children or their spouse, but a Will can be used to delegate assets and belonging to a church, charity, or even friends and other family members. These documents are legal and can be upheld in court should any disagreements between beneficiaries occur. In order for a Will to be legally enforced by the state of Pennsylvania, the Will must be signed by the Testator as well as by two witnesses.
Definition of Will - Title 20 §102
Laws - Title 20 (Descendants, Estates, and Fiduciaries)
Witnesses - According to Title 20 § 2502, the Will must be signed by two (2) witnesses.
Step 1 - Using the template provided by FormSwift, provide your legal name and your gender.
Step 2 - Enter your city and county of residence.
Step 3 - Select your marital status from one of the following choices:
If you are not single, enter the name of your spouse.
Step 4 - If you have children, pets, property, or life insurance policies, enter that information here.
Step 5 - List the names of your children, if they are living, and whether or not they will be named as beneficiaries in your will. Next, list the names of pets. Finally, provide information about any life insurance policies.
Step 6 - Enter the amount of money or percentage of your property you’d like to leave each child.
Step 7 - If you’d like to set up a trust for someone who is mentally ill or someone who is disabled, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.
Step 8 - Enter the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter the age they will be when the benefits end.
Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.
Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.
Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you die. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor because otherwise, the probate court will choose someone. Provide the following information:
Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.
Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. It’s also a good idea to appoint an alternate. If your assets are in a trust, provide the following information:
Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:
Step 14 - Guardian for Your Minor Children - If you have minor children, you should consider appointing a guardian as well as an alternate guardian. Depending on your circumstances, you may also wish to appoint a conservator. Provide the following information for each:
Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each:
Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:
Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:
Remember that both witnesses must sign when you do. After the Will is executed, keep it somewhere safe.
In the State of Pennsylvania, creating a legal last will and testament is an important part of the estate planning process. A will is a legal document in which you can outline any wishes you have for the disbursement of your assets, the guardianship of any minors, or make any charitable donations upon your death. Assets can include real property, digital property, real estate, vehicles, bank accounts, jewelry, or any other personal effects. Assets can be distributed to anyone: loved ones, friends, relatives, etc.
A Pennsylvania will is not legally required, but there are many advantages to having one in place.
With no will in place in the State of Pennsylvania, intestacy laws will be enacted. The probate courts will determine what happens to your estate and it may not be in line with your wishes. According to Pennsylvania’s intestacy laws, if there is a surviving spouse, they inherit the entirety of the estate if there are no children. If there are children and no spouse, the children inherit the estate. If there are both a surviving spouse and children with that spouse, the spouse will inherit the first $30,000 plus half of the remainder of the estate, the rest going to the surviving children. If there is a spouse and there are children from a different relationship, the spouse and children would inherit half of the estate. If there are surviving parents, they would also be entitled to part of the estate. With no surviving spouse, children, or parents, the courts would determine the next closest relative to inherit the estate. If no relatives can be located, the State of Pennsylvania becomes the beneficiary of the estate.
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