Living Will vs. Last Will and Testament: What's the Difference in Pennsylvania?

The names sound almost the same, so it is no surprise that people mix them up. A living will and a last will and testament are both estate planning documents, but they protect you at completely different times. Understanding the difference can help you avoid leaving a dangerous gap in your plan.

What is a last will and testament?

A last will and testament is the document most people picture when they think of estate planning. It says who should receive your property after you pass away, names an executor to manage your estate, and, for parents, can name a guardian for minor children. A will goes into effect only after death and generally goes through the probate process.

Our team helps families draft clear, durable wills. Learn more on our wills page.

What is a living will?

Despite the name, a living will has nothing to do with distributing property. A living will is a document about your health care. It records your wishes about medical treatment, such as life-sustaining care, if you become seriously ill or injured and cannot communicate for yourself. It speaks for you during your lifetime, which is exactly why it is called a living will.

A living will can take a heavy burden off your loved ones. Instead of guessing what you would have wanted during a crisis, they have your own words to rely on.

You can read more about this document on our living wills page.

Living will vs. last will at a glance

• When it works: a living will applies while you are alive but unable to speak for yourself. A last will applies only after you pass away.

• What it covers: a living will covers medical treatment wishes. A last will covers your property, your executor and, if you have minor children, who will care for them.

• Who it helps: a living will guides your doctors and family. A last will guides your executor and the court.

• Probate: a living will does not go through probate. A last will generally does.

Do you need both?

For most people, yes. They cover different situations, and neither one can do the job of the other. If you only have a will, your medical wishes may be left to guesswork. If you only have a living will, your property may pass under Pennsylvania's default rules instead of the way you would choose.

The two documents also work best alongside a power of attorney, which names someone to handle your financial and legal matters if you cannot. Together, these documents form the core of a practical estate plan.

If your goals involve avoiding probate or managing assets more flexibly, you may also want to learn about trusts, or see everything we offer on our services page.

Frequently asked questions

What is the difference between a living will and a last will and testament? A last will and testament says who receives your property and who will manage your estate after you pass away. A living will states your wishes about medical treatment if you are seriously ill and cannot speak for yourself. One works after death, the other while you are alive.

Do I need both a living will and a will in Pennsylvania? Most people benefit from having both, because they cover different situations. A will directs your estate after death, while a living will guides your health care decisions during a serious illness or injury.

Does a living will replace a power of attorney? No. A living will records your medical wishes, while a power of attorney names someone to handle financial and legal matters. Many people also name a health care agent so someone can speak for them on medical decisions.

Take the next step

Questions about your own situation? Call Nalli-Elias Law at 724-375-4005 or 724-846-9100, or reach out through our contact form. Our office is at 150 Pleasant Drive, Suite 101, Aliquippa, PA 15001, open Monday through Friday, 9am to 5pm, with other hours by appointment. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.