Are Beneficiary Designations Protected in Pennsylvania?
Pennsylvania automatically revokes an ex-spouse as beneficiary at divorce20 Pa.C.S. § 6111.2; 20 Pa.C.S. § 6111.1Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
A beneficiary designation on life insurance, a retirement account, a payable-on-death bank account or a transfer-on-death brokerage account decides who receives that asset at death, in Pennsylvania as everywhere. The designation controls over the will or trust, and an outdated one stays in force whatever the other documents say.
Yes. Pennsylvania automatically revokes an ex-spouse as beneficiary on divorce for these asset types: life insurance, retirement accounts, annuities, pod accounts, tod accounts20 Pa.C.S. § 6111.2; 20 Pa.C.S. § 6111.1Verified Sep 15, 2026View source. An ERISA-governed employer plan (a 401(k), a pension) follows federal law instead and must be updated by hand whatever the state rule says.
Yes. The federal Employee Retirement Income Security Act (ERISA) preempts state law for an employer-sponsored plan such as a 401(k), a pension or group life insurance: the plan pays the designation on file with the plan administrator, and a qualified plan requires the spouse's consent to name anyone else (Egelhoff v. Egelhoff, 2001; Kennedy v. Plan Administrator, 2009). Pennsylvania sets no spousal-consent requirement of its own23 Pa.C.S. § 3502; 20 Pa.C.S. § 2203Verified Sep 15, 2026View source for an individual account.
Pennsylvania provides no specific creditor protection for inherited IRAs42 Pa.C.S. § 8124(b)(1)(ix); Jones v. McGreevy, 270 A.3d 1 (Pa. Super. 2022)Verified Sep 15, 2026View source. After Clark v. Rameker (2014) held that federal bankruptcy law does not protect an inherited IRA, a state without its own statute leaves it exposed in bankruptcy.
No. Pennsylvania does not default to per stirpes for beneficiary designations20 Pa.C.S. § 6114 (no substitution-of-issue rule for conveyances); 20 Pa.C.S. § 6108; 20 Pa.C.S. § 6306; 20 Pa.C.S. § 6304(b); 20 Pa.C.S. § 6407; 20 Pa.C.S. § 6410(a) (LDPS is an opt-in election); contrast 20 Pa.C.S. § 2514(9) (wills only)Verified Sep 15, 2026View source: when a named beneficiary dies before the account holder, the share lapses unless the designation says per stirpes or names a contingent beneficiary.
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Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
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Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
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Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
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Serious Diagnosis
A serious diagnosis changes priorities. Healthcare proxies, financial powers of attorney, and the documents that ensure your wishes are honored.
Learn moreForms for Planning Your Estate in Pennsylvania
Free forms for planning your estate in Pennsylvania: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Last Will and Testament
In Pennsylvania, a will needs no witnesses to be valid20 Pa.C.S. § 2502Verified Oct 19, 2026View source, and a self-proving affidavit signed with it lets the court admit it without witness testimony20 Pa.C.S. § 2502Verified Oct 19, 2026View source.
Healthcare Power of Attorney
Pennsylvania requires 220 Pa.C.S. § 5471 (combined example); § 5465 (HC agent form); § 5447 (living will form)Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not required20 Pa.C.S. § 5471 (combined example); § 5465 (HC agent form); § 5447 (living will form)Verified Oct 15, 2026View source.
Financial Power of Attorney
Pennsylvania treats a power of attorney as durable by default20 Pa.C.S. § 5601Verified Sep 20, 2026View source, and it is signed before 220 Pa.C.S. § 5601Verified Sep 20, 2026View source witnesses and a notary.
Living Will
In Pennsylvania, the living will is the Living Will20 Pa.C.S. Chapter 54, Subchapter B (Living Will Act), §§ 5441-5447; definitions and general provisions §§ 5421-5434Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.
Tools for Planning Your Estate in Pennsylvania
Free tools for planning your estate in Pennsylvania: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable trust in Pennsylvania runs $3,830Estimate: 10 hours at $383, Clio's Pennsylvania Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,745Estimate: 15 hours at $383, Clio's Pennsylvania Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,014Estimate: 3 hours at $338, Clio's Pennsylvania Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,028Estimate: 6 hours at $338, Clio's Pennsylvania Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Pennsylvania, four years at a public university cost about $114,932NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; an inheritance tax falls on beneficiaries72 P.S. § 9116Verified Sep 15, 2026View source by relationship.
How Much Does Probate Cost?
Probate on a $500,000 estate in Pennsylvania costs an estimated $26,087No statutory fee schedule; the Orphans' Court reviews reasonableness under In re Trust Estate of LaRocca, 431 Pa. 542, 246 A.2d 337 (1968). County percentage guidelines are not law — "[e]gregious error is committed when a court awards commissions and fees simply on a percentage basis without inquiry into the reasonableness of the compensation" (In re Estate of Preston, 560 A.2d 160, 165 (Pa. Super. 1989), quoted in Estate of Andrews, 2026 PA Super 168)Verified Sep 8, 2026View source. Attorney fees run 1.9%No statutory fee schedule; the Orphans' Court reviews reasonableness under In re Trust Estate of LaRocca, 431 Pa. 542, 246 A.2d 337 (1968). County percentage guidelines are not law — "[e]gregious error is committed when a court awards commissions and fees simply on a percentage basis without inquiry into the reasonableness of the compensation" (In re Estate of Preston, 560 A.2d 160, 165 (Pa. Super. 1989), quoted in Estate of Andrews, 2026 PA Super 168)Verified Sep 8, 2026View source to 3%No statutory fee schedule; the Orphans' Court reviews reasonableness under In re Trust Estate of LaRocca, 431 Pa. 542, 246 A.2d 337 (1968). County percentage guidelines are not law — "[e]gregious error is committed when a court awards commissions and fees simply on a percentage basis without inquiry into the reasonableness of the compensation" (In re Estate of Preston, 560 A.2d 160, 165 (Pa. Super. 1989), quoted in Estate of Andrews, 2026 PA Super 168)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Pennsylvania, a surviving spouse takes the first $30,000 plus half of the rest20 Pa.C.S. § 2102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representation20 Pa.C.S. § 2104(1)Verified Sep 10, 2026View source.
How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in Pennsylvania runs $3,830Estimate: 10 hours at $383, Clio's Pennsylvania Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,745Estimate: 15 hours at $383, Clio's Pennsylvania Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
How Much Does a Will Cost?
An attorney-prepared will in Pennsylvania runs $1,014Estimate: 3 hours at $338, Clio's Pennsylvania Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,028Estimate: 6 hours at $338, Clio's Pennsylvania Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $26,087No statutory fee schedule; the Orphans' Court reviews reasonableness under In re Trust Estate of LaRocca, 431 Pa. 542, 246 A.2d 337 (1968). County percentage guidelines are not law — "[e]gregious error is committed when a court awards commissions and fees simply on a percentage basis without inquiry into the reasonableness of the compensation" (In re Estate of Preston, 560 A.2d 160, 165 (Pa. Super. 1989), quoted in Estate of Andrews, 2026 PA Super 168)Verified Sep 8, 2026View source.
How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
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How Do I Name a Guardian for My Minor Children?
In Pennsylvania, a parent names a guardian for a minor child in a will or a separate signed writing20 Pa.C.S. § 2519 (person § 2519(a); estate § 2519(b)); 20 Pa.C.S. § 5115 (non-will estate appointment in a deed, gift instrument or beneficiary designation); appointment 20 Pa.C.S. §§ 5111–5113Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 1820 Pa.C.S. § 102 ("Minor." Means an individual under the age of 18 years)Verified Sep 16, 2026View source.
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Pennsylvania Estate Planning Resources
In-depth guides covering Pennsylvania probate laws, trust requirements, and estate planning strategies.