PA

Pennsylvania Estate Planning: Wills, Trusts & Probate

Pennsylvania is one of the few states with a state inheritance tax that applies regardless of estate size, so Pennsylvania estate planning has to account for both probate administration and tax planning for heirs.

Pennsylvania at a glance

Will witnesses

2 required

Pennsylvania requires two witnesses to a will (unless it's entirely handwritten and signed by the testator, which can be valid without witnesses, though this is riskier and harder to probate smoothly).

Self-proving affidavit

See details

Pennsylvania allows a self-proving affidavit sworn before a notary at signing, which avoids needing witnesses to testify at probate.

Remote online notarization

Permitted by state law

Pennsylvania permits remote online notarization through approved platforms and notaries commissioned for RON. LegacyShield remote notary sessions are coming soon — in-home notary visits are available now.

Typical probate

6–12 months for routine administration; Pennsylvania's inheritance tax return is due within 9 months of death, which drives much of the timeline.

Pennsylvania probate (called estate administration through the Register of Wills) involves filing fees based on estate value plus attorney fees typically billed hourly or as a percentage (often 2–5%); a mid-size estate frequently totals $5,000–$12,000 in combined costs.

Small-estate threshold

$50,000 (excluding real estate and certain exempt property)

Pennsylvania's small-estate petition process lets qualifying estates settle informally without full estate administration.

Property regime

Common law

Pennsylvania is a common-law property state. Assets are owned according to title, and a surviving spouse who is disinherited can elect against the will to receive roughly one-third of the estate.

Healthcare directives in Pennsylvania

Pennsylvania uses a combined Advance Health Care Directive covering both a health care power of attorney and living-will instructions, typically signed with two witnesses.

Powers of attorney in Pennsylvania

Pennsylvania's durable power of attorney requires two witnesses and notarization, and Pennsylvania also requires a specific statutory notice and acknowledgment to be signed by the agent before acting, which trips up many self-drafted forms.

Pennsylvania estate planning questions

Does Pennsylvania have an inheritance tax?
Yes — Pennsylvania taxes inherited assets based on the heir's relationship to the deceased (0% for spouses, 4.5% for children/grandchildren, 12% for siblings, 15% for others), separate from and in addition to federal estate tax considerations.
Why does my Pennsylvania power of attorney need an agent acknowledgment?
Pennsylvania law requires the named agent to sign a statutory acknowledgment of their duties before acting under the power of attorney — without it, banks and other institutions may refuse to honor the document.
Can I disinherit my spouse in Pennsylvania?
Not fully — a surviving spouse can elect against the will to take roughly one-third of the estate even if the will provides less or nothing.
Is a handwritten will valid in Pennsylvania?
Yes, a will entirely in the testator's handwriting and signed can be valid without witnesses, but it's harder to probate smoothly and easier to challenge than a properly witnessed and self-proved will.

Laws change and every estate is different — verify current requirements with a licensed attorney in your state before signing or relying on any document.

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