Pennsylvania Wills, Trust, and Probate

Contemplating your own death or incapacity in order to create an estate plan that will control in the event of such an occurrence, can be a painful process. However, it is imperative that you do construct a coherent estate plan, usually made up of several different documents (will, trust, healthcare surrogate designation, durable power of attorney, etc.) to ensure that your loved ones are taken care of, and your desires carried out.

Once you have an estate plan, be sure to bring your plan up to date to reflect your current familial situation. In other words, any time there is a significant change in your life, you should update your estate plan, regardless of how much money or how many family members you have. It is advisable to speak with a Pennsylvania estate planning attorney with any concerns.

Pennsylvania Will

If you do not write your will properly, according to Pennsylvania law, the probate court may declare your will is invalid. For a proper Pennsylvania will, you must meet the necessary legal formalities involved in will execution, which include:

1. Witnesses: Two witnesses must sign the will and be present when the testator signs the will, for the testator’s will to be valid in Pennsylvania.
2. Notarization: You do not have to have your will notarized for the will to be legal in Pennsylvania. But, if you attach an affidavit to the will that both witnesses and the testator have signed, and that has been notarized, your will is considered “self-proving.” If your will is self-proving, when it comes time to submit the will for probate, you will not have to find the original witnesses to the will to attest to the will in court. As such, a self-proving will can save you a lot of time and energy in the long run.

Contact a Pennsylvania attorney who focuses his practice on estates and trusts if you want to be sure that your will is appropriately drafted and has been properly executed.

Changing a Will in Pennsylvania

To change your will in Pennsylvania:

1. Draft a new will that incorporates the changes you desire to make to the old will. To the extent that the new will is inconsistent with the old will, the new will controls.
2. Attach a codicil (amendment) to the old will.

To revoke your will in Pennsylvania:

1. Physically destroy your old will be burning, obliterating, tearing or canceling the will.
2. Put your desire to revoke your prior will in writing
3. Craft a new will to replace the old one

Make sure that when you make changes to your will, you execute your changes with the appropriate will formalities (i.e., you have the correct number of witnesses). In addition, you should notify your Pennsylvania estate lawyer whenever you make changes to your will.

Pennsylvania Trust

If you are wary of the complex Pennsylvania probate process and the estate taxes that accompany it, consider using a trust to leave property to your friends and family after your death in lieu of a will. Trusts provide a confidential, flexible way of distributing your assets after your death. However, trusts can also be complicated to set-up, so it is highly recommended that you contact a Pennsylvania trust attorney or a Pennsylvania estate planning attorney, to help you set up the kind of trust that works best for you.

Pennsylvania Probate

If a deceased does not specify individuals to whom part or all of his property should be distributed, the property will pass according to the laws of Pennsylvania (by intestate succession). Assets that pass by intestate succession are distributed to various individuals based on their blood relationship to the deceased.

Pennsylvania wills that have ambiguous terms (i.e., are unclear about which people obtain what property and how much property they should receive), may be challenged in court by interested parties. Similarly, when it is unclear under intestate succession where the deceased’s property should go, or what amount of property each person or entity should acquire, any interested party may petition the court in order to get a definitive answer. You should consult with a Pennsylvania probate attorney with any questions.

In Pennsylvania, if your estate is worth $25,000 or less, your estate qualifies for Summary Administration. But, it is worth noting that the formal probate procedure in Pennsylvania is quite simple, so, often it makes more sense to just go through the formal procedure than to try to go through the Summary Administration process.

The categories of people listed below may, based on their blood relationships to the deceased, receive property from the deceased’s estate according to Pennsylvania intestate succession (non-exhaustive list):

1. Spouses
2. Children (whether born in or out of wedlock or adopted)
3. Grandchildren
4. Parents
5. Brothers and Sisters
6. Maternal and Paternal grandparents
7. Half-bloods
8. Adopted Persons

• The assets listed below may circumvent the probate process:
  • jointly held property- Assets held by the deceased and by other people. Upon the deceased’s death, his share of the property goes automatically to the other parties. Property in this category may include money in bank accounts, automobiles, or shared houses.
  • non-probate assets – property that is passed directly to a certain person because the deceased has so designated .
  • contract assets – property or money that a deceased reserves for a particular beneficiary during his life. This kind of set aside includes life insurance policies, inter vivos trusts, or IRAs, among others.

Interested parties may question a will after it is in existence. Because your will can always be challenged, you should seek advice from a Pennsylvania estates and trusts lawyer about any uneasiness you experience regarding your will.

Pennsylvania Statutes

Pennsylvania Consolidated Statutes, Title 20 – Estates and Fiduciaries Code

1. Probate Code: Wills
   • Pennsylvania Consolidated Statutes, Tit.20, Chp. 25.
2. Probate Code: Intestate Succession
   • Pennsylvania Consolidated Statutes, Tit. 20, Chp. 21.
3. Probate Code: Administration of Estates
   • Pennsylvania Consolidated Statutes, Tit. 20, Chp. 33.
4. Pennsylvania Trust Code
   • Pennsylvania Consolidated Statutes, Tit. 20, Chp. 71.