Best Will & Testament Lawyers in Philadelphia

About Will & Testament Law in Philadelphia, United States

A will - often called a last will and testament - is a legal document that states how a person wants their property distributed after death and who should carry out their wishes. In Philadelphia, which is part of the Commonwealth of Pennsylvania, wills are governed by Pennsylvania statutory and case law and are administered through local courts and offices such as the Philadelphia Register of Wills and the Orphans' Court Division of the Court of Common Pleas. A properly executed will can name an executor, provide for minor children, create testamentary trusts, and direct distribution of probate assets. Some assets pass outside of probate because they have designated beneficiaries or are jointly owned.

Why You May Need a Lawyer

While simple wills can sometimes be created without an attorney, there are many situations where legal help is beneficial or essential:

- Estate complexity - If you own real estate, business interests, retirement accounts, or assets in multiple states, a lawyer can help coordinate distribution and reduce unintended consequences.

- Significant net worth or tax concerns - High-value estates may face federal estate tax or state inheritance tax issues. An attorney working with a tax advisor can plan strategies to minimize tax exposure.

- Blended families and disinheriting relatives - If you want to provide for children from a prior marriage, exclude legal heirs, or limit a spouse's inheritance, a lawyer can draft provisions that are more likely to hold up in court.

- Minor children or special-needs beneficiaries - Naming guardians and creating special-needs trusts requires careful drafting to protect the interests and benefits of minors or disabled persons.

- Incapacity planning - A wills attorney often coordinates related documents such as durable powers of attorney and advance health care directives to address incapacity.

- Contests and disputes - If you anticipate a will contest, undue influence claims, or family disputes, an experienced lawyer can design protective measures and represent you if litigation is needed.

- Probate administration - Executors may need legal guidance to navigate probate, creditor claims, tax filings, and court procedures in Philadelphia County.

Local Laws Overview

Key local and Pennsylvania-specific aspects to know if you are planning a will in Philadelphia:

- Formalities for validity - Pennsylvania requires a written will signed by the testator (the person making the will) and witnessed by at least two competent witnesses who sign in the testator's presence. Certain additional formalities, such as a self-proving affidavit notarized at execution, can make probate easier.

- Age and capacity - The typical minimum age to make a valid will is 18, and the testator must have testamentary capacity - meaning an understanding of the nature of their property and the natural beneficiaries of their estate when signing.

- Probate and administration - After death, a will is usually submitted to the Register of Wills in Philadelphia for probate. The court process may include appointing the executor, inventorying assets, resolving creditor claims, and distributing assets subject to court supervision where required.

- Orphans' Court - Disputes about wills, estate accounting, and fiduciary matters are handled by the Orphans' Court Division of the Philadelphia Court of Common Pleas.

- Nonprobate assets - Assets with named beneficiaries, joint tenancy property, and some contractual designations pass outside of probate and are governed by contract or account rules rather than the will.

- Intestacy rules - If someone dies without a valid will, Pennsylvania's intestacy laws determine who inherits. Intestacy can produce distributions that differ from what many people expect, which is why a will is important to control results.

- Inheritance tax and federal considerations - Pennsylvania imposes an inheritance tax on transfers at death, with treatment that varies by the relationship between decedent and transferee. Very large estates may also be subject to federal estate tax. Tax rules change over time, so consult a tax professional and an attorney for current impacts.

- Revocation and modification - Wills can be revoked by executing a later valid will, physical destruction with intent to revoke, or other actions recognized under Pennsylvania law. Codicils can amend a will, but redrafting a complete will is often clearer.

Frequently Asked Questions

What makes a will valid in Philadelphia and Pennsylvania?

To be valid in Philadelphia, a will generally must be in writing, signed by a testator who is at least 18 and of sound mind, and witnessed by two competent people who sign in the testator's presence. Adding a notarized self-proving affidavit at execution can simplify later probate but is not strictly required for validity.

Can I write my own will or use an online form?

Yes, you can draft your own will or use online forms for simple situations. However, DIY documents may not address complex family structures, tax issues, or Pennsylvania-specific formalities, increasing the risk of mistakes or contests. For anything beyond a straightforward estate, consider consulting an attorney.

Do beneficiary designations override my will?

Yes. Life insurance proceeds, retirement accounts, and payable-on-death accounts are distributed according to beneficiary designations and contract terms, not the will. It is important to coordinate beneficiary forms with your will to make sure your overall plan achieves your goals.

How do I name a guardian for my minor children?

A will is the primary place to nominate a guardian for minor children and a trustee to hold any assets left for them. The court reviews the nomination and retains discretion, but a clear choice in a properly executed will is persuasive. Guardianship selection can be emotionally and legally important; discuss it with an attorney.

What happens if I die without a will in Philadelphia?

When there is no valid will, Pennsylvania's intestacy laws control distribution. Assets may pass to a spouse, children, parents, siblings or other relatives according to a statutory priority. Dying intestate can also result in unintended heirs receiving assets, so a will helps you control who inherits.

How does the probate process work in Philadelphia?

After death, the executor or a family member files the will with the Philadelphia Register of Wills to start probate. The court may appoint the executor, require inventory and accounting, handle creditor claims, and approve distribution of probate assets. The Orphans' Court oversees contested matters. The timeline varies by estate complexity and whether disputes arise.

Can a will be contested and on what grounds?

Common grounds for contesting a will include lack of testamentary capacity, undue influence, fraud, improper execution, or existence of a later valid will. Contests are generally filed in the Orphans' Court. Litigation can be costly and time-consuming, so preventive drafting and clear records of intent can reduce contest risk.

How do I change or revoke my will?

You can execute a new will that expressly revokes earlier wills, or you can physically destroy the existing will with the intent to revoke it. A codicil can amend a will, but it is often cleaner to prepare a new will if you have multiple or significant changes.

Do I need other documents besides a will?

Yes. Important complementary documents include a durable power of attorney for financial matters, an advance health care directive or living will for medical decisions, and beneficiary designations for nonprobate assets. Together these documents help manage incapacity as well as death-related matters.

How should I store my will and how long should I keep it updated?

Keep the original signed will in a safe but accessible place and tell your executor where it is located. Some people store wills in bank safe-deposit boxes, a lawyer's office, or check with the Register of Wills about local filing or recording options. Review and update your will after major life events such as marriage, divorce, births, deaths, changes in assets, or changes in residence - commonly every 3-5 years or as circumstances change.

Additional Resources

Organizations and offices that can help people in Philadelphia seeking information or legal assistance with wills and estates include:

- Philadelphia Register of Wills

- Orphans' Court Division, Philadelphia Court of Common Pleas

- Pennsylvania Department of Revenue - Inheritance Tax Division

- Philadelphia Bar Association - Lawyer Referral Service

- Pennsylvania Bar Association

- Community Legal Services of Philadelphia

- Pennsylvania Legal Aid Network

- Local law schools with clinical programs that handle estate planning and probate matters

- Certified public accountants, enrolled agents, and financial planners for tax and financial aspects of estate planning

Next Steps

If you need legal assistance with a will or related estate planning in Philadelphia, consider these steps:

- Gather documents - Make a list of your assets, debts, insurance policies, retirement accounts, title documents for real estate, and existing beneficiary designations. Collect any prior wills, powers of attorney, or healthcare directives if they exist.

- Identify priorities - Decide who you want as executor, who should inherit assets, whether you need guardians for minors, and whether you need trusts for children, disabilities, or tax planning.

- Consult a qualified attorney - Look for an attorney who focuses on wills, probate, and estate planning in Philadelphia County. Use the Philadelphia Bar Association Lawyer Referral Service or local recommendations to find experienced counsel. Ask about experience, fees, typical timeline, and whether they offer flat-fee estate planning packages.

- Discuss costs and engagement - Before hiring, request a clear engagement letter outlining services, fees, and what will be delivered. Understand whether follow-up document updates are included or billed separately.

- Execute documents properly - Have your attorney ensure your will and related documents meet Pennsylvania formalities, with appropriate witness and notarization steps if needed for a self-proving affidavit.

- Store and communicate - Keep the original will in a secure but accessible place and tell your executor and close family where it is located. Provide copies of powers of attorney and advance directives to trusted agents and your attorney.

- Review periodically - Revisit your will and estate plan after major life events or every few years to confirm it still reflects your wishes and current law.

If you are facing an immediate need - for example, a death, a contested estate, or urgent incapacity planning - contact an attorney promptly so deadlines and court timelines are met. Professional guidance can help you avoid common mistakes and ensure your wishes are carried out under Pennsylvania and Philadelphia procedures.