Learn · Living Trusts

Revocable Living Trusts in Pennsylvania

By Sean Quinlan, Esq. · Updated January 15, 2025

Pennsylvania revocable living trust binder open on a Camp Hill attorney's walnut desk with a fountain pen
Pennsylvania revocable living trust binder open on a Camp Hill attorney's walnut desk with a fountain pen

A revocable living trust is the most flexible estate planning tool available to Pennsylvania residents — and the one most appropriate for clients who own real estate, a business, or expect any complexity in administering their estate.

What is a revocable living trust?

A trust is a legal arrangement where one person (the trustee) holds title to property for the benefit of another (the beneficiary). A revocable living trust is created during your lifetime, with you as your own trustee and your own beneficiary. You retain complete control, can amend or revoke at any time, and the IRS treats the trust assets as yours for income-tax purposes.

The structure pays off at incapacity and death.

Why use a living trust in Pennsylvania

1. Probate avoidance

Assets titled in the trust do not pass through the Register of Wills. Your successor trustee distributes them directly to beneficiaries — privately, without court supervision, often within weeks rather than months.

2. Incapacity planning

If you become incapacitated, your successor trustee steps in immediately. No court guardianship, no waiting for a judge, no gap in bill-paying or investment management.

3. Privacy

A probated will and inventory are public records. A trust is not filed with any court.

4. Out-of-state real estate

If you own a vacation property in Florida or Delaware, that property would otherwise require a separate ancillary probate in that state. A trust avoids it.

5. Continuity for business owners

A trust can hold business interests with seamless management transitions, avoiding the months of paralysis that probate can impose on a closely held business.

Living trust vs. will in Pennsylvania

WillRevocable Trust
Takes effectAt deathDuring life
Court involvementProbateNone
Public recordYesNo
Incapacity coverageNoYes
Out-of-state real estateSeparate probateAvoided
Cost to createLowerHigher
Cost to administerHigherLower

Most modern Pennsylvania plans use both — the trust holds major assets, and a "pour-over will" catches anything left outside it. (For a fuller comparison of will-only planning, see our Pennsylvania wills guide.)

Does Pennsylvania recognize living trusts?

Yes. Pennsylvania adopted a version of the Uniform Trust Act, codified at 20 Pa.C.S. Chapter 77. Revocable living trusts are routinely recognized and enforced.

How much does a living trust cost in Pennsylvania?

A complete revocable trust-based estate plan (trust, pour-over will, durable POA, healthcare directive, and full funding) typically runs $3,000–$6,000 for an individual and $4,000–$8,000 for a couple, depending on complexity. A simple will-based plan runs about a third of that — but does not avoid probate or cover incapacity. Either path still has to account for Pennsylvania inheritance tax, which applies whether assets pass under a will or a trust.

The most important step: funding

A trust that isn't funded does nothing. Funding means retitling the relevant assets into the trust's name:

  • Real estate — by recorded deed
  • Bank and brokerage accounts — by retitling
  • Business interests — by assignment
  • Beneficiary designations — typically named to the trust only where appropriate

We handle funding as part of every trust engagement. It is the step that DIY trusts almost always skip and the reason they almost always fail at the moment of truth.

Disclaimer

This article is general information about Pennsylvania law as of the update date above. It is not legal advice for your situation and does not create an attorney-client relationship. For advice on your specific facts, please schedule a consultation.

Talk with a Pennsylvania estate planning attorney.

Most plans take two meetings. The first is a consultation — clear, honest, and free of pressure.

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