Do I Need a Trust in Pennsylvania?
Probate in Pennsylvania takes 6 months to 9 months for a simple estate and charges attorney fees of typically 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; assets held in a revocable trust skip both.
It depends on your estate size. In Pennsylvania, estates with personal property of $50,00020 Pa.C.S. § 3102Verified Sep 8, 2026View source or less qualify for the Settlement of Small Estates on Petition20 Pa.C.S. § 3102Verified Sep 8, 2026View source, a court procedure short of full probate. Above that line, probate takes 6 months to 9 months and costs 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 on a $500,000 estate. A funded revocable trust avoids probate entirely.
Probate in Pennsylvania charges attorney fees of typically 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, plus executor fees and court costs: 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 on a $500,000 estate all in. A trust avoids probate costs entirely. See a detailed breakdown with the Pennsylvania probate calculator.
Pennsylvania allows estates with personal property of $50,00020 Pa.C.S. § 3102Verified Sep 8, 2026View source or less to use the Settlement of Small Estates on Petition20 Pa.C.S. § 3102Verified Sep 8, 2026View source, which avoids full probate administration. Pennsylvania's small estate shortcut is a court procedure: the court's own order authorizes collection. There is no affidavit to present to a bank. There is no statutory waiting period. This route is faster and less expensive than full probate, but a trust avoids it entirely.
Simple estates in Pennsylvania typically take 6 months to 9 months through probate; average estates 9 months to 14 months, and estates with disputes or multiple properties longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
A properly funded revocable trust in Pennsylvania avoids probate court proceedings, public disclosure of assets and beneficiaries, court-supervised distribution, and the 6 months to 9 months probate timeline. Assets in the trust transfer directly to beneficiaries. Compare the trade-offs with the Pennsylvania trust vs. will comparison.
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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.
Pour-Over Will
In Pennsylvania, a pour-over will needs no witnesses to be valid20 Pa.C.S. § 2502Verified Oct 19, 2026View source and moves anything left outside the trust into it through probate.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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.
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 Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
Trust or Will: Which Costs Less?
In Pennsylvania, a will-based plan pays probate attorney fees of typically 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; a funded revocable trust keeps those assets out of probate and off that fee.
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.
Are My Beneficiary Designations Protected?
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.
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Pennsylvania Estate Planning Resources
In-depth guides covering Pennsylvania probate laws, trust requirements, and estate planning strategies.