Losing a parent is hard enough without unexpected legal questions. If you’re sorting through your parent’s documents and come across a handwritten will, you may be wondering—does this actually count? Can you submit it to probate? And what happens if it isn’t valid?
We’ll walk you through what Pennsylvania law says about handwritten wills, when these wills are recognized, what to do if one is rejected, and how an attorney can guide you through the probate process.
Are Handwritten Wills Legal in Pennsylvania?
Yes, Pennsylvania does allow handwritten wills. In legal terms, these are often referred to as “holographic” wills, though the state doesn’t use that specific label. What matters is whether the will meets Pennsylvania’s basic requirements.
To be considered valid, the will must be:
- In writing (handwritten or typed is acceptable)
- Signed by the testator (the person making the will)
Unlike some states, Pennsylvania does not require witnesses to be present at the time the will is created. However, witness testimony may be necessary during probate to prove the will’s authenticity.
So, if your parent’s handwritten will was signed and appears to express clear intent, it may be legally valid, but it’s still subject to review.
When a Handwritten Will May Be Challenged
While handwritten wills can be valid, they’re often more vulnerable to challenges. Here are a few reasons why a court might question or reject one:
- Missing or unclear signature: If the will isn’t signed or the signature is disputed, it may not be accepted.
- No date or timeline: It can be difficult to tell whether the handwritten will reflects your parent’s most recent wishes.
- Questions about mental capacity or outside influence: If there’s reason to believe your parent wasn’t of sound mind or was pressured when writing the will, it may be contested.
- Conflicting wills: If other versions of a will are discovered, a judge will have to decide which one, if any, is valid.
In these cases, a handwritten will is not necessarily dismissed out of hand, but it will require extra scrutiny.
What If the Will Is Found Invalid?
If the court finds that your parent’s handwritten will doesn’t meet legal standards, the estate may be treated as if there were no will at all. This is called intestacy.
Under Pennsylvania’s intestate succession laws, assets are distributed to surviving family members according to a set order:
- Spouse
- Children
- Parents
- Siblings
- And so on
This process doesn’t consider your parent’s written intentions. If they wanted to leave something specific to a friend or distribute assets unequally among children, that may not happen without a valid will. In some situations, there may still be a way to argue that the handwritten document reflects your parent’s wishes, but the chances of success depend heavily on the facts.
Going Through Probate with a Handwritten Will
Probate is the court-supervised process of settling a person’s estate. Even when a will is clear and properly executed, probate takes time. When you’re dealing with a handwritten will, expect a few more steps.
In Pittsburgh, the Register of Wills in Allegheny County will review the will and may ask for:
- Witness testimony (from people who can confirm the handwriting or circumstances)
- A handwriting expert (in contested cases)
- Other documents that show your parent’s intent or mental capacity at the time
Filing the will promptly after your parent’s death is important. The longer you wait, the more questions may arise about its authenticity or relevance.
How a Probate Attorney Can Help
Working with an estate attorney can make the difference between a smooth probate process and a drawn-out legal dispute. At Jones, Gregg, Creehan & Gerace, we help families in Pittsburgh understand their options and take the next steps.
A probate lawyer can:
- Review the will and identify potential issues early on
- Collect supporting evidence to prove the will is valid
- Help file court documents accurately and on time
- Represent you if someone contests the will or objects to how the estate is handled
Without legal guidance, you may risk delays, extra court costs, or even losing control over how the estate is distributed.
Moving Forward After Finding a Handwritten Will
Finding a handwritten will after your parent’s passing can lead to a lot of uncertainty. The good news is, you don’t have to figure it out by yourself. At Jones, Gregg, Creehan & Gerace, we can answer your questions, protect your loved one’s wishes, and guide you through every step of the probate process.
Contact us today to speak with an experienced trusts and estates attorney in Pittsburgh.