Pennsylvania Codicil Requirements with Notary: A Comprehensive Guide In Pennsylvania, a codicil is a legal document that allows individuals to modify or make additions to their existing will without completely revoking it. If you are considering making changes to your will, it is essential to understand the specific requirements for a codicil in Pennsylvania, especially when it comes to the involvement of a notary public. This article aims to provide a detailed description of the Pennsylvania codicil requirements, highlighting the importance of notarization and discussing different types of codicils recognized in the state. 1. Pennsylvania Codicil Requirements: a. Legal Capacity: To create a valid codicil, the testator (the person making the changes) must possess the legal capacity to do so. This means being of sound mind, over the age of 18, and free from undue influence or coercion. b. Intent: The testator must demonstrate a clear intention to modify their existing will by incorporating a codicil. This intention should be evident through the language used within the document. c. Writing: A codicil must be in writing to make it legally binding. Verbal codicils are not recognized in Pennsylvania. d. Signature: The testator's signature is crucial to validate the codicil. It must be handwritten or, if a physical limitation exists, signed with a mark. e. Witnesses: While Pennsylvania does not require witnesses for a codicil to be valid, having two competent witnesses can strengthen the document's credibility. Witnesses should not be beneficiaries or spouses of beneficiaries named in the codicil. f. Notarization: To enhance the enforceability and authenticity of the codicil, it is strongly recommended having it notarized. The presence of a notary public can help deter any potential challenges to the document's validity in the future. 2. Types of Pennsylvania Codicil Requirements with Notary: a. Self-Proving Codicil: If a codicil is notarized and incorporates a self-proving affidavit, it can streamline the probate process. A self-proving codicil simplifies the acceptance of they will buy probate courts as it ensures that the signatures of the testator and witnesses were made under oath. b. Non-Self-Proving Codicil: A non-self-proving codicil does not include a notarized self-proving affidavit. Although it is still legally valid, proving the authenticity and validity of the codicil during probate may require additional witnesses or testimony. In conclusion, Pennsylvania codicil requirements with notary involve several important elements, including legal capacity, clear intent, written format, testator's signature, and witnesses. Although notarization is not mandatory, opting for a notary public's presence when executing a codicil can strengthen its credibility. The two main types of codicils recognized in Pennsylvania are self-proving and non-self-proving, with the former being more widely accepted and simplifying the probate process. Always consult with an attorney experienced in Pennsylvania estate law to ensure compliance and to guarantee the validity of your codicil.