Pennsylvania estate planning, done right.

What documents make up a Pennsylvania estate plan?

Most Pennsylvania estate plans contain a will, a durable financial power of attorney, a healthcare power of attorney and living will, and up-to-date beneficiary designations; a revocable living trust is added when the goal is to keep the estate out of probate.

Each document does one job. The will (20 Pa.C.S. § 2502) names an executor, distributes probate assets, and nominates guardians for minor children. The durable financial power of attorney (20 Pa.C.S. § 5601 et seq.) lets someone you choose pay bills, manage accounts, and deal with the Department of Human Services if you become incapacitated. The healthcare power of attorney and living will (20 Pa.C.S. Chapter 54) name a medical decision-maker and state your wishes for end-stage care. Beneficiary designations on retirement accounts and life insurance override the will, so they are reviewed at the same time. A revocable living trust holds titled assets so they pass to your named trustee without a Register of Wills filing.

Do I need a will or a trust in Pennsylvania?

Most Pennsylvania families need a will at minimum; a revocable living trust is worth adding when you own real estate, want privacy, have a blended family, or want your family to avoid the nine-to-eighteen-month probate process.

The common misconception is that a will keeps your family out of court. It does the opposite: the will is filed with the county Register of Wills and administered under Orphans’ Court supervision. A revocable trust avoids that filing for every asset titled in the trust’s name, which is why funding the trust matters as much as signing it. In our practice, clients with a paid-off home plus retirement accounts usually do well with a will-based plan and careful beneficiary designations; clients with rental property, a second home, or children from a prior marriage are usually better served by a trust.

How much does an estate planning attorney cost in Pennsylvania?

Quinlan Law Group charges flat fees, quoted in writing after a free consultation. A will-based plan starts at $1,200 for an individual and $1,800 for a married couple; a trust-based plan starts at $3,500 for an individual and $4,500 for a couple.

Pennsylvania does not cap what an estate planning attorney can charge; the Rules of Professional Conduct require only that fees be reasonable and that the basis of the fee be communicated in writing. The fee covers drafting, a signing meeting with witnesses and notary, and instructions for retitling assets. Trust-based plans cost more because deed preparation and account retitling take real attorney time. Medicaid asset protection trusts, business succession, and farm succession planning are quoted separately after the consultation.

How does the planning process work, and what should I bring?

Most Quinlan Law Group plans take two meetings: a free consultation where the attorney reviews your questionnaire and recommends documents, then a signing meeting two to three weeks later.

Before the first meeting, complete the four-minute online questionnaire. Bring, or be ready to describe, the following:

1. A list of what you own and roughly what it is worth (home, accounts, retirement plans, life insurance, business interests).
2. How each asset is titled and who is currently named as beneficiary.
3. Names of the people you would trust as executor, agent under power of attorney, healthcare agent, and guardian for minor children.
4. Any existing will, trust, or power of attorney, especially anything signed before 2015.
5. Family details that change the plan: prior marriages, children from other relationships, a child with a disability, a family business or farm.

How do you avoid probate in Pennsylvania?

Assets avoid Pennsylvania probate when they pass by contract or title rather than by will: a funded revocable trust, beneficiary designations, joint ownership with right of survivorship, and payable-on-death or transfer-on-death accounts.

Pennsylvania does not allow transfer-on-death deeds for real estate, which is why a revocable trust is the standard tool for a home. Small estates with under $50,000 in personal property can use the small-estate petition under 20 Pa.C.S. § 3102, but that procedure does not cover real estate. Avoiding probate does not avoid inheritance tax; the return (REV-1500) and the tax are still due nine months after death, with a 5% discount for tax paid within three months (72 P.S. § 9142).

What happens if you die without a will in Pennsylvania?

If you die without a will, Pennsylvania’s intestacy statute decides who inherits and who administers the estate.

Under 20 Pa.C.S. § 2102, a surviving spouse with children who are also the decedent’s children receives the first $30,000 plus half the balance; the children take the rest. If the decedent has children from another relationship, the spouse receives only half, with no $30,000 allowance. If there is no spouse or children, the estate goes to parents, then siblings, and outward. The court appoints an administrator, usually a family member who must post a bond. Unmarried partners and stepchildren inherit nothing. See how the intestacy statute works in detail.

Why is my pre-2015 Pennsylvania power of attorney a problem?

Pennsylvania rewrote its power of attorney law in Act 95 of 2014, effective January 1, 2015, and documents signed before then often lack the required notice, agent acknowledgment, two witnesses, and notarization that institutions now expect.

The 2015 changes also require “hot powers” (gifting, changing beneficiaries, creating or amending trusts) to be granted expressly. A POA without those words cannot be used for Medicaid planning when a parent enters care, which forces families into a public guardianship proceeding under 20 Pa.C.S. Chapter 55. Under 20 Pa.C.S. § 5608, a bank that refuses a compliant Pennsylvania POA without cause can be liable for the family’s attorney fees.

How do I choose an estate planning attorney in Pennsylvania?

Choose an attorney who practices estate planning as a core area, quotes a flat fee in writing, explains Pennsylvania inheritance tax before you ask, and can show verified client reviews.

Ask three questions in the consultation: How will you help me actually fund the trust? What happens to my plan if I move or my spouse dies? What does your fee include after signing? Quinlan Law Group has practiced in Pennsylvania since 2001, has 55 Google and 29 Avvo client reviews, and serves all 67 counties by video and phone as well as in person at Camp Hill.

What changed in 2026?

For 2026 the federal estate tax exemption is $15 million per person under the One Big Beautiful Bill Act, so almost no Pennsylvania family has a federal estate tax problem, while Pennsylvania inheritance tax still applies from the first dollar.

The practical result is that “estate tax planning” for most Pennsylvania clients means inheritance tax planning: spousal and charitable exemptions, the age-59½ retirement account exemption, the family-business and agricultural exemptions, and the 5% early-payment discount. If your existing plan includes a credit-shelter trust drafted for a $1 million or $5 million exemption, it may now be unnecessary and should be reviewed.