in pa ennsylvania is it a law that the attorney who writes a will must keep an original copy?

Does a will have to be in writing in Pennsylvania?

Pennsylvania state code section 2502 states that a will should be “in writing” and that the creator of the will (the “testator”) should sign their will at the end of the document. If the testator writes any additional words after their signature, it will not affect portions of the will written above their signature.

Are there any FAQs about estate laws and procedures in Pennsylvania?

The following FAQs are specific to Pennsylvania estate laws and procedures. What are the Legal Requirements for a valid will in Pennsylvania? In Pennsylvania, you must be at least 18 years of age and sound mind to make a will. Your will must be in writing and signed at the end by the testator.

Can a notary public witness a power of attorney in Pennsylvania?

The notary public may not be the agent. The witness requirements for a power of attorney in Pennsylvania are that a witness must be at least 18 years of age, but may not be the agent or a person who signed the POA on behalf of the principal. How Do yYou Obtain a Pennsylvania Financial POA?

What are the new rules for financial powers of attorney in Pennsylvania?

Pennsylvania has made dramatic changes to the laws governing financial powers of attorney (POAs). The new rules apply mainly to POAs that you create in order to allow someone else to manage your financial and property matters such as in the event of your future disability or incapacity.

Who is entitled to a copy of a will in Pennsylvania?

A will is a private and revocable document until the death of the person who made it. Upon the death of the will maker, someone typically must file the will with the probate court and once that happens, then usually any member of the public can view it.

What are the requirements for a will to be valid in Pennsylvania?

In Pennsylvania, the law requires that the testator be at least 18 years old and of sound mind (mentally competent). In addition, the testator must declare that the will is his or hers in front of two witnesses -- and these witnesses must then sign the will in front of the testator.

What are the legal requirements of a valid will?

Requirements of a Valid WillA person must be over the age of 16 (sixteen) years.The Will must be in writing. This means that a Will can by typed or handwritten. ... Each page of the Will, including the last page, must be signed by the testator. The Will must also be signed by two competent witnesses.

What makes a will invalid in PA?

To be valid, Pennsylvania wills must be signed by the testator at the end of the will. The presence of any writing after the signature shall not invalidate the writing that precedes the signature. The testator is permitted to sign the will by mark, or have someone else sign the testator's name.

Do wills have to be recorded in PA?

Does the Register of Wills have my will on file? In Pennsylvania, living persons do NOT have wills 'registered' and stored by the county Register of Wills.

Does a will need to be filed in PA?

In Pennsylvania, probate begins with the filing of a petition for letters testamentary or of administration at the county register of wills where the decedent was domiciled. Once debts and taxes of the estate are paid, the property as designated in the will may be distributed.

What makes a will invalid?

A Will may also be declared invalid following a successful legal challenge. This typically happens when a beneficiary (or would-be beneficiary) contests the Will. They may argue that the testator did not have sufficient mental capacity when making the Will, and/or was placed under undue influence.

Does a will need to be notarized in PA?

No, in Pennsylvania, you do not need to notarize your will to make it legal. However, you must go to a notary to make your will self-proving, see above.

Do wills have to be registered?

No, there is no legal requirement to register a will. It doesn't even have to be on a stamp paper or notarised.

Is a hand written will valid in PA?

According to the Pennsylvania code, all wills within the state must be in writing. However, there is no mention that a will must be typed, meaning that a handwritten will may be accepted by the probate courts. Pennsylvania law also states that wills must be signed by the testator, or the person the will pertains to.

What are the inheritance laws in Pennsylvania?

Pennsylvania is one of six U.S. states that still impose an inheritance tax, though the rest of Pennsylvania inheritance laws are fairly standard....Does Pennsylvania Have an Inheritance Tax or Estate Tax?Pennsylvania Inheritance TaxTax RateApplies to12%– Inheritances for siblings3 more rows•Sep 11, 2019

Can I make a will without a lawyer?

The answer to this question is affirmative. Most people think that making a will is a complex procedure that requires the help of an attorney or a lawyer. However, this is not true, if you have a simple estate plan, then you can successfully write your own will without any lawyer.

What are the Legal Requirements for a valid will in Pennsylvania?

In Pennsylvania, you must be at least 18 years of age and sound mind to make a will. Your will must be in writing and signed at the end by the test...

What is a Pennsylvania Codicil?

A codicil is an amendment or addition to a will that you have already executed. A codicil may be as simple as changing or adding a name or a number...

Can I Revive my Old Pennsylvania Will by Destroying my Current Will?

In Pennsylvania, you can revive an old will by revoking your new will in writing and stating in writing that you intend to revive your old will. Yo...

Can I make a Handwritten Will?

Yes, in Pennsylvania a handwritten will, otherwise known as a holographic will is recognized as a valid will. However, such a will should still be...

Do I have to file my will with a Court or in Public Records?

In Pennsylvania, until your death, there is no system where you can file your will.

Can I Disinherit Someone in Pennsylvania?

Depending on who it is you wish to disinherit, the answer will vary. In Pennsylvania, as in other states, there is no requirement that you have to...

Where Can I Get My Will Notarized?

Your bank is an excellent place to locate not only a notary but also witnesses for your documents.

Do I need a Lawyer to Make a Will?

As long as a Will has satisfied all the requirements set forth by the state in which your live or the state in which you sign the Will, the Will is...

How Often Should I Review My Will?

Will reviews are situational, but as a general rule, you should review your Will’s terms annually. At our firm, we send you a summary of your Will’...

What If I Die Without a Will in Pennsylvania?

If you die without a Will, you are Intestate and your assets pass by rules set up by the Commonwealth. A common misunderstanding is that if you die...

Cheryl K. David

From your question, it appears that the will is lost and the attorney can't find the original. There is an exception in North Carolina in certain circumstances where a will has been lost and destroyed. It is called an Application for Probate of Lost or Destroyed Will.

Pamela A Wilson

Was the copy executed and witnessed or a photocopy of the executed and witnessed will? If so you may be ok.

What is probate in Pennsylvania?

Probatein Pennsylvania refers to the process where the Commonwealth of Pennsylvania recognizes the executor or administrator as the estate’s official representative. When someone dies, ownership of all assets in that person’s name will now pass to someone else.

Who signs a will?

Your will must be in writing and signed at the end by the testator. If the testator is unable to sign his or her will, someone else may sign the will for the testator so long as this is done in the testator ’s presence and at his or her direction.

What is the job of a probate attorney?

When an executor hires a Probate Attorney, it is that Lawyer’s primary job is to advise and protect the executor. Probate Lawyers are well versed in preparing all estate related tax returns and can help make sure all returns are filed correctly and timely.

What is a codicil in a will?

A codicil to your will becomes part of your will and will be read together with your will to figure out what you want to be done with your assets after your death. A codicil must be executed in the same manner as required by your states as for a will.

How long can an estate be probated?

There is no set time limit for an estate’s probate. As explained below, I often tell executors to tell the heirs that the estate will be open for at least a year, but we can often close the estate earlier (making the executor look good). The actual time the estate will be open will depend upon the estate’s assets and the taxes that need be paid.

What are the duties of an executor?

What are an Executor’s Duties and Responsibilities? Once a probate petition is accepted, the executor’s or administrator’s job is to gather all the assets, pay creditors, satisfy all income/inheritance/estate taxes, and then distribute the remaining assets as the Will directs.

What happens if you die without a will?

A common misunderstanding is that if you die without a Will, your assets may end up passing to the Commonwealth. This is possible, but only if you have no living relatives.

What happens if you don't have a POA in Pennsylvania?

If you do not have a POA and become unable to manage your financial affairs, it may become necessary for a court to appoint someone to handle your finances. In Pennsylvania this person is referred to as your “guardian.”. Your court-appointed guardian may not be the person you would have chosen.

What is the new law on power of attorney?

The new law, Act 95 of 2014, is designed to better protect you from potential financial abuse. It is also intended to protect financial institutions and other third parties from liability for accepting a power of attorney that later is determined to have been invalid. These well-intentioned changes come at a cost to consumers.

What is notice and acknowledgment?

Notice and Acknowledgement. The most obvious changes are to the notice and acknowledgment forms that are signed by the principal and the agent. The principal signs a notice form that contains state mandated information about the significance of the POA. Act 95 revises the language that is to be used in the notice.

What is an acknowledgment form for an agent?

The agent signs an acknowledgment form accepting the duties that go with acting as an agent, and agreeing to act in conformity with the principal’s expectations, in good faith and only within the scope of the authority granted in the document.

Why do we need POA?

It allows you to decide, while you are competent, not only who that person will be, but what powers they will have. It protects both you and your family.

What is a POA?

What is a Power of Attorney? A Power of Attorney (POA) is a written document in which you (the “principal”) give another person (your “agent”) the authority to act on your behalf for the purposes you spell out in the document.

Does Act 95 require a POA?

So, while Act 95 does not require that you get a new POA, it makes sense to have your current document reviewed by a lawyer who is familiar with the new law. Legally, existing POAs remain valid. Practically, your old POA may not be the best document for you or your agent.

What is a power of attorney in Pennsylvania?

A power of attorney (or POA) is a legal document that gives one person (the "agent") the authority to act for another person (the "principal"). A POA is useful if you can't be present to take care of a financial matter or want someone to take care of your finances or medical treatment in the event you become incapacitated—what Pennsylvania law ...

How many witnesses are needed for a power of attorney in Pennsylvania?

If this is done, there must be two adult witnesses to the signature. The notary public may not be the agent. The witness requirements for a power of attorney in Pennsylvania are that a witness must be at least 18 years of age, but may not be the agent or a person who signed the POA on behalf of the principal.

What are the requirements for a POA in Pennsylvania?

What Are the Signing and Witness Requirements? A POA in Pennsylvania must be dated, signed by the principal, witnessed by two adults, and notarized. If the principal is not able to write, he or she may sign by making a mark (such as an "X") or by directing another person to sign on his or her behalf.

What is a power of attorney?

Granting Power of Attorney helps ensure that you and your property are protected if you are incapacitated or otherwise unavailable. These are the specific requirements for filing in the Keystone State.

Is a POA durable in Pennsylvania?

A POA that only becomes effective if the principal becomes incapacitated is called a "springing" POA (which by its nature is also durable). Under Pennsylvania law, a POA is durable unless it specifically states otherwise.

Should I consult an attorney for a complex case?

You should consult with an attorney as you have a complex case. LEGAL DISCLAIMER: The answer (s) given are only to be deemed general in nature as all of the facts of your case were not provided and thoroughly reviewed.

Do attorneys keep records of estates?

Yes, attorneys keep records of the estate plans they create. However, ethics prohibit them from discussing those plans with anyone other than the client or persons who have permission from the client to speak with the attorney. Will contests (litigation) are always uncertain and usually expensive, but will probably be necessary to unravel this mess. In Colorado, where I practice, a trustee must provide an...

Who must be present before the notary public when the notarial act is executed?

In other words, the customer must be physically present before the notary public when the notarial act is executed. The notary public must be able to observe and interact with the individual making the statement or executing the signature.

What does a notary public do when verifying a statement?

A notary public who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, all of the following: The individual appearing before the notary public and making the verification has the identity claimed. The s ignature on the statement verified is ...

What are the powers of a notary public?

POWERS OF A NOTARY PUBLIC. Under the Revised Uniform Law on Notarial Acts (RULONA), notaries public are authorized to perform six notarial acts: take an acknowledgement. administer oaths and affirmations. take a verification on oath or affirmation (includes an affidavit) witness or attest a signature.

What is the limitation of a notary public?

Limitation on notary public powers – conflict of interest. A notary public may not perform a notarial act with respect to a record in which the notary or the notary's spouse has a direct or pecuniary interest. A direct or pecuniary interest includes an interest in the transaction or record which results in actual or potential gain or advantage, ...

What devices do notaries use?

The notary public and the individual for whom a notarial act is being performed must be able to see, hear, communicate with and give identification documents to each other without the use of electronic devices such as telephones, computers, video cameras or facsimile machines.

What is an acknowledgment of a record?

A notary public who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual , all of the following: The individual appearing before the notary public and making the acknowledgment has the identity claimed. The signature on the record is the signature of ...

What does it mean to be a copy of a record?

A notary public who certifies or attests a copy of a record or an item which was copied shall determine that the copy is a complete and accurate transcription or reproduction of the record or item.

What assets are not handled by probate court in Pennsylvania?

There are certain assets and accounts of the decedent that the Pennsylvania probate court will not handle, as there has already been a beneficiary named for the following: Living trust assets. Insurance policies. Pay-on-death bank accounts.

What is the Pennsylvania inheritance law?

Pennsylvania inheritance laws protect widows and widowers that were disinherited or heavily underrepresented by their spouse’s will by implementing an “elective share” policy. This allows spouses to claim ownership to a third of the decedent’s estate.

How long do you have to live in Pennsylvania to be an heir?

Other Situations in Pennsylvania Inheritance Law. In order to be a valid heir to an intestate estate, you must survive for at least five days following the death of the testator, the creator of the will.

How long does it take for a person to inherit if they die in Pennsylvania?

So if a relative or anyone else listed as a possible heir dies within five days of the testator, they will not hold a right to inheritance. The law in Pennsylvania treats half-blood and full-blood relatives the same in intestate succession.

Can a spouse inherit a spouse's estate in Pennsylvania?

Spouses in Pennsylvania Inheritance Laws. While spouses will typically inherit most or all of their spouse’s intestate estate, children and parents can complicate that scenario. But if none of those relatives survive the decedent, the spouse is given the entire estate.

Can you die without a will in Pennsylvania?

Dying Without a Will in Pennsylvania. While less than ideal, some individuals are bound to pass away without having created a testate will. If your estate falls under this category, the state will label it intestate and enact laws governing the inheritance of such estates.

Can children inherit in Pennsylvania?

Children in Pennsylvania Inheritance Laws. Aside from spouses, children have some of the strongest rights to intestate inheritances in Pennsylvania law. In fact, if their parent was unmarried when he or she died, they’re afforded control of the entire estate, split evenly among them.

Who is responsible for sending notice to creditors in Pennsylvania?

Additionally, Personal Representatives are responsible for sending notice to estate creditors and other interested parties under Pennsylvania law. The notice to creditor requirement provides certain parties with an opportunity to state a claim to estate assets in satisfaction of a debt that is owed.

What is the name of the person who settles an estate in Pennsylvania?

Also known as the Executor or Executrix. The person named in the Will to settle an estate. Probate. The official proving of a Will by the Register of Wills. Register of Wills. An elected official in each Pennsylvania county who has jurisdiction of the probate of Wills and granting of Letters Testamentary. Testate.

How does a personal representative of a deceased person work?

The first step is to probate the Will. To do this, the Personal Representative takes the original Will, death certificate and a petition for Letters Testamentary to the Register of Wills office in the county in which the decedent last resided. At the Register of Wills office, the documents are reviewed, information is entered into the Register’s filing system, and Letters Testamentary are issued.

What are the legal consequences of a personal representative in Pennsylvania?

Since the Personal Representative must strictly comply with the terms and provisions of the Will and must comply with Pennsylvania law , there may be serious legal consequences for Personal Representatives. Some of the applicable laws can be found in the Pennsylvania Probate, Estates and Fiduciaries Code. Personal Representatives are considered fiduciaries in Pennsylvania. A fiduciary is held to the highest standard of loyalty and care that the law provides, so he or she must act solely for the benefit of the Estate and the Estate’s beneficiaries. Breach of fiduciary is a cause of action that can result in the Personal Representative’s personal liability. For these reasons, it is strongly advised for the Personal Representative to hire an estate attorney for guidance and help throughout the probate and estate administration process.

What is the term for a person who passed away?

Decedent. A person who passed away. Estate Administration. The process to settle an estate. Executor or Executrix. Also known as a Personal Representative. The person named in the Will to settle an estate. Last Will and Testament. A written document directing the distribution of property at death.

What is breach of fiduciary?

Breach of fiduciary is a cause of action that can result in the Personal Representative’s personal liability. For these reasons, it is strongly advised for the Personal Representative to hire an estate attorney for guidance and help throughout the probate and estate administration process.

How many witnesses are needed to sign a will?

Two witnesses must validate the decedent’s signature. This can be done at the time the Will was created by having two witnesses sign with the testator in front of a notary (self-proved Will) or witnesses can attest after the decedent’s death. Call (215) 646-3980 To Talk To Our Estate Law Attorney.

Can you lose a will in your attorney's safe?

If your wills are in your attorney’s safe, you do not have to worry about losing them. You may even be concerned that certain family members may go so far as to destroy your will to get a larger inheritance. If the will is in your attorney’s safe, that will not happen. In your case, this backfired.

Do attorneys keep wills?

A lot of attorneys offer to keep the original wills they prepare for their clients, at no charge. They do this so they can probate the estates of their clients. When a client dies, their children read the copy of the will and call the attorney whose name is stamped in big bold letters on the first page.