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The Keystone State
Access FREE Pennsylvania estate planning forms with state-specific requirements. Download Last Will and Testament, Financial Power of Attorney, and Healthcare Proxy forms plus explore probate cost calculators.
Like all states, Pennsylvania recognizes formally executed wills and living trusts as valid estate planning tools. Unusually, Pennsylvania does not require witnesses for a will to be valid—only a written document signed by the testator at the end, and adding a notarized self-proving affidavit can streamline the probate process later.
Financial powers of attorney here require both 2 witnesses and a notary, making Pennsylvania one of the stricter states for these documents. All requirements can be satisfied at once at a bank or attorney's office.
If you die without a will in Pennsylvania, your heirs must survive you by at least 120 hours to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident. The amount a surviving spouse inherits without a will depends on whether your parents are still alive. If they are, your spouse may have to share the estate with them—a result that surprises many people and underscores why having a will matters.
Unlike states with formal independent administration statutes (such as California and Texas), Pennsylvania doesn't offer a simplified procedure for executors to petition for reduced court oversight. However, executors typically have statutory authority to manage routine estate matters. For families looking to avoid probate court involvement entirely, a revocable living trust remains the most reliable option.
Pennsylvania imposes an inheritance tax, which is paid by beneficiaries rather than the estate. The rate depends on the beneficiary's relationship to the deceased—spouses and direct descendants typically pay lower rates or are exempt, while more distant relatives and unrelated heirs face higher rates. This can affect how families structure beneficiary designations and gift-giving.
Pennsylvania does not allow transfer-on-death deeds for real estate. Without this option, real property must pass through probate or be held in a trust to avoid court proceedings. Transferring property into a revocable trust does not trigger a property tax reassessment in Pennsylvania, so property taxes remain at their current level.
Pennsylvania does not have a constitutional homestead exemption, which means the family home has limited protection from creditors compared to states like Texas or Florida. Executors must publish a notice to creditors, who then have 12 months to file claims against the estate.
Pennsylvania automatically revokes an ex-spouse as beneficiary on life insurance, retirement accounts, and similar designations upon divorce. However, these automatic revocations can be overridden by a divorce decree or by re-designating the ex-spouse after the divorce.
Pennsylvania authorizes remote online notarization (RON), allowing trusts, healthcare directives, powers of attorney to be notarized via video call from anywhere. However, wills are excluded from RON and still require in-person notarization.
Data sourced from Pennsylvania statutes and official state code. How we research.
Each county in Pennsylvania handles probate matters through its local court system. Click on any county to view specific court contact information, judges, filing procedures, and local requirements.
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Understand Pennsylvania's unique inheritance tax system, probate procedures, and estate planning requirements through educational articles.
Track Pennsylvania estate planning updates including inheritance tax changes, probate reforms, and new state legislation affecting families.