Nonsubscribing Witnesses Saw Decedent’s Signature, Not Mark

Although the will was not self-proving because one the subscribing witnesses did not witness the execution of the will, the Orphans’ Court found that two witnesses who observed the signing of the will through the window of the decedent’s home (but did not enter the decedent’s home because of COVID) presented credible testimony that the decedent signed the will, and so the will was properly admitted to probate. The decedent’s signature was not his customary signature, and was barely legible, but it was made without assistance and was not a “mark” requiring two subscribing witnesses. The beneficiaries of a previous will were not “indispensable parties” to the will contest and so the court had jurisdiction without notice to them. In re: Estate of Patricia Ann Rocco, Deceased, ___ A.4th ___, 2025 PA Super 120 (6/11/2025).

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