How can I update my will to create a new document and automatically revoke the old version without filing both with the court? - Pennsylvania
The Short Answer
In Pennsylvania, you can update your estate plan by signing a new will that expressly revokes all prior wills and codicils. You generally do not file wills with the court while you are alive—wills are typically presented for probate only after death—so the focus is making sure the new will is valid and clearly revokes the old one.
What Pennsylvania Law Says
Under Pennsylvania law, a prior will is not revoked just because you “intend” a new one to replace it—you need a legally recognized revocation. The cleanest approach is usually a properly executed new will that states it revokes all earlier wills/codicils, so there is no confusion about which document controls.
The Statute
The primary law governing this issue is 20 Pa.C.S. § 2505.
This statute establishes that a written will can only be revoked or altered in specific ways—most commonly by a later will/codicil in writing (or another properly executed writing declaring revocation), or by a physical act to the document done with intent to revoke.
Separately, Pennsylvania sets baseline execution rules for a valid will, including that it must be in writing and signed at the end by the testator (with specific alternatives if the testator signs by mark or another person signs at the testator’s direction). See 20 Pa.C.S. § 2502.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict validity requirements: If the new will is not properly executed under 20 Pa.C.S. § 2502, you can end up with a document that fails—potentially leaving the old will (or intestacy) to control.
- Burden of proof and contests: If family members argue about capacity, undue influence, or whether a revocation was effective, your estate may face delays and litigation risk.
- Exceptions and “partial revocation” problems: Trying to “edit” an old will, staple pages, cross things out, or rely on informal notes can create ambiguity about what was revoked versus what remains—exactly the kind of confusion that triggers disputes.
Also, your question mentions “filing both with the court.” In Pennsylvania, most people do not file a will with the court during life; the will is typically produced to the Register of Wills after death. The real risk is that multiple versions exist and someone later produces the wrong one (or claims the newer one is invalid). For more on what can happen when the wrong version is produced or the original is missing, see what happens if the original will is lost or damaged before probate in Pennsylvania and probating a copy of a will in Pennsylvania.
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.