Estate Planning After Divorce in Pennsylvania

Divorce changes nearly every assumption your estate plan was built on. In Pennsylvania, some updates happen automatically by statute — but most do not, and the gap between the two is where families lose hundreds of thousands of dollars.

What Pennsylvania revokes automatically

Under 20 Pa.C.S. § 2507(2), divorce automatically revokes provisions in a will in favor of the former spouse. Under § 6111.2, divorce revokes designations of a former spouse on most non-probate transfers (POD bank accounts, TOD brokerage accounts).

What Pennsylvania does NOT revoke

• Designations on ERISA-governed retirement plans (most 401(k)s, pensions). Federal law preempts state revocation. Your ex-spouse stays the beneficiary until you change the form.
• Designations on individually owned life insurance, in many cases
• Powers of attorney — these don't auto-revoke. Sign a new one immediately.
• Healthcare directives naming the former spouse as agent
• Trustee or guardian appointments naming the former spouse
• Title to jointly owned property until the property settlement is finalized

The immediate to-do list

Within 30 days of filing for divorce — not after the decree:

1. New financial power of attorney naming someone other than the spouse
2. New healthcare power of attorney and living will
3. Updated beneficiary designations on every retirement, life insurance, and annuity contract
4. New will reflecting current intent (even though the old one is partially revoked)
5. If you have a revocable living trust, amend or restate it

After the decree

• Re-deed any real estate per the property settlement
• Update beneficiary designations a second time (some changes during litigation are restricted)
• Revisit guardianship designations for minor children
• Re-examine Pennsylvania inheritance tax exposure — divorce often pushes assets out of the 0% spousal rate

See also when to update your estate plan.