What are the consequences of failing to properly execute a will?
In Pennsylvania, failing to properly execute a will can have serious consequences. Generally speaking, if a will is not properly signed, witnessed, or notarized, then it may not be accepted by the court as valid. In some cases, a court may choose to admit the will despite the improperly executed document. However, this is at the court’s discretion. If the court decides that the will is invalid, then the deceased has been considered to have died intestate, meaning without a will. This entitles their estate to be distributed according to the rules of intestate succession. These rules are designed to divide the estate evenly among the deceased’s heirs. This may be significantly different from how the deceased intended their estate to be divided. It is important to note that having an improperly executed will can also cause delays in the probate process. The court will have to take the extra steps to verify that the will is valid before it can be admitted for probate. This can delay the entire probate process. In short, failing to properly execute a will in Pennsylvania can mean that the court can decide to ignore the wishes of the deceased, as well as delaying the process of administering their estate. For these reasons, it is important that anyone preparing a will for themselves or a loved one ensure that it is properly completed and notarized.
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