Should You Get a Trust or a Will in Pennsylvania?

Compare probate costs, trust administration fees, and digital signing options for your state.

Frequently Asked Questions

Pennsylvania uses reasonable compensation for probate fees, typically 1.9-3% of the estate value.No statutory fee schedule; Orphans' Court reviews reasonableness (In re LaRocca's Trust Estate, 431 Pa. 542 (1968) factors; Johnson Estate guideline: 5% on first $100K, declining)Verified Jul 15, 2026 A trust avoids probate entirely and distributes assets faster than the 6-9 month probate timeline.

Probate in Pennsylvania typically costs 1.9-3% of the estate value in attorney fees alone.No statutory fee schedule; Orphans' Court reviews reasonableness (In re LaRocca's Trust Estate, 431 Pa. 542 (1968) factors; Johnson Estate guideline: 5% on first $100K, declining)Verified Jul 15, 2026 All-in costs on a $500,000 estate run about $34,977. A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Pennsylvania probate calculator.

No. A will must go through probate in Pennsylvania. However, estates with personal property under $50,000 may qualify for simplified probate, which is faster and less expensive than full probate.20 Pa.C.S. § 3101 (payments without administration: $10K wages, $20K deposits, $10K patient care, $11K life insurance), § 3102 (small estate petition — gross personal property $50K; raised from $25K by Act 35 of 2013, no CPI indexing), § 3121 (family exemption $3,500), § 3162 (advertisement once/week for 3 successive weeks in newspaper of general circulation + designated legal periodical), § 3171/§ 3174 (bond + exemptions), § 3301 (inventory deadline), § 3531 (post-administration small-estate settlement on petition $50K), § 3532 (creditor claims 1 yr from first complete advertisement), § 3537 (PR compensation "reasonable and just"; attorney fees by court review of reasonableness, In re LaRocca's Trust Estate, 431 Pa. 542 (1968)), §§ 901-908 (Register of Wills); 72 P.S. § 9116 (inheritance tax rates 0%/4.5%/12%/15%), 72 P.S. § 9136 (return due within 9 months), 72 P.S. § 9142 (5% discount if paid within 3 months), 72 P.S. § 9143 (delinquent 9 months after death); county Register of Wills fee schedules on pacourts.us and individual county Register of Wills sites — verified via legis.state.pa.us / palegis.us / pa.gov/agencies/revenue on 2026-06-11Verified Jul 15, 2026

Simple estates in Pennsylvania typically take 6-9 months through probate. Complex or contested estates can take 14-24 months or longer.20 Pa.C.S. § 3101 (payments without administration: $10K wages, $20K deposits, $10K patient care, $11K life insurance), § 3102 (small estate petition — gross personal property $50K; raised from $25K by Act 35 of 2013, no CPI indexing), § 3121 (family exemption $3,500), § 3162 (advertisement once/week for 3 successive weeks in newspaper of general circulation + designated legal periodical), § 3171/§ 3174 (bond + exemptions), § 3301 (inventory deadline), § 3531 (post-administration small-estate settlement on petition $50K), § 3532 (creditor claims 1 yr from first complete advertisement), § 3537 (PR compensation "reasonable and just"; attorney fees by court review of reasonableness, In re LaRocca's Trust Estate, 431 Pa. 542 (1968)), §§ 901-908 (Register of Wills); 72 P.S. § 9116 (inheritance tax rates 0%/4.5%/12%/15%), 72 P.S. § 9136 (return due within 9 months), 72 P.S. § 9142 (5% discount if paid within 3 months), 72 P.S. § 9143 (delinquent 9 months after death); county Register of Wills fee schedules on pacourts.us and individual county Register of Wills sites — verified via legis.state.pa.us / palegis.us / pa.gov/agencies/revenue on 2026-06-11Verified Jul 15, 2026 A revocable trust avoids probate entirely; trust administration typically runs 11-13 months.

Yes. A will becomes a public court record once it enters probate in Pennsylvania. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.

Use the Pennsylvania probate calculator to estimate attorney fees, executor fees, court costs, and the probate timeline.20 Pa.C.S. § 3101 (payments without administration: $10K wages, $20K deposits, $10K patient care, $11K life insurance), § 3102 (small estate petition — gross personal property $50K; raised from $25K by Act 35 of 2013, no CPI indexing), § 3121 (family exemption $3,500), § 3162 (advertisement once/week for 3 successive weeks in newspaper of general circulation + designated legal periodical), § 3171/§ 3174 (bond + exemptions), § 3301 (inventory deadline), § 3531 (post-administration small-estate settlement on petition $50K), § 3532 (creditor claims 1 yr from first complete advertisement), § 3537 (PR compensation "reasonable and just"; attorney fees by court review of reasonableness, In re LaRocca's Trust Estate, 431 Pa. 542 (1968)), §§ 901-908 (Register of Wills); 72 P.S. § 9116 (inheritance tax rates 0%/4.5%/12%/15%), 72 P.S. § 9136 (return due within 9 months), 72 P.S. § 9142 (5% discount if paid within 3 months), 72 P.S. § 9143 (delinquent 9 months after death); county Register of Wills fee schedules on pacourts.us and individual county Register of Wills sites — verified via legis.state.pa.us / palegis.us / pa.gov/agencies/revenue on 2026-06-11Verified Jul 15, 2026

Whether a trust is cost-effective depends on estate size, property types, and Pennsylvania's probate costs. The Pennsylvania trust need assessment evaluates these factors against your specific situation.

Pennsylvania Estate Planning Resources

In-depth guides covering Pennsylvania probate laws, trust requirements, and estate planning strategies.