Estate Planning Frequently Asked Questions in Pennsylvania

Do I need a will in Pennsylvania?

Strictly speaking, no one is required to have a will in Pennsylvania but having one gives you control over the most important decisions after your passing. A will allows you to appoint an executor to handle your estate, name guardians for minor children, and designate trustees to manage assets left in trust. If you do not make these choices yourself, the Pennsylvania Orphans’ Court or the local Register of Wills will appoint someone for you. That process can be costly, time-consuming, and may place responsibility in the hands of people you would not have chosen. Drafting a will ensures your wishes, not the court’s defaults, govern how your estate is managed.

What happens if I die without a will in Pennsylvania?

Many people wonder, “What happens if I die without a will in Pennsylvania?” The answer is that the Commonwealth already has one for you. Under Pennsylvania’s intestate succession laws, your estate is distributed by consanguinity (degree of blood relation). Assets typically pass to a spouse and children first, then parents, siblings, and more distant relatives. While this system provides a basic framework, it ignores personal relationships (including stepchildren or unmarried partners) and can create unintended tax or administrative burdens. In short, the state’s “one-size-fits-all” plan rarely reflects what families truly want. A properly drafted will ensures your choices, not statutory defaults, determine the outcome.Do I need a will in Pennsylvania?

What's the difference between a will and a living trust?

A will and a living trust both transfer assets, but they work in very different ways. A will only takes effect after death and must go through the probate process, which involves court oversight and can take months. A living trust, by contrast, is effective immediately and allows assets placed into it to pass directly to beneficiaries outside of probate. Trusts can also provide added protections such as shielding assets for children or planning for special needs. However, most families still need a will alongside a trust to cover guardianship appointments and any assets not placed into the trust. At Chadwick Estate Law, we explain the advantages of each and help you decide what combination is best for your family.

Who can serve as my power of attorney in Pennsylvania?

In Pennsylvania, any competent adult can serve as your agent under a power of attorney (POA). Most people choose a spouse, adult child, relative, or trusted friend. Because your agent may control your finances or make healthcare decisions if you cannot, it is crucial to select someone responsible and trustworthy. POAs can be broad or limited in scope, nd it can be durable (continuing even if you become incapacitated) or springing (beginning after some predetermined event, such as incapacity). If you do not have a valid POA, your loved ones may need to petition the Orphans’ Court for guardianship — a process that is more expensive, stressful, and time-consuming. Properly drafted POAs ensure continuity and peace of mind.

When should I update my will and estate plan?

Estate plans should be reviewed every 2–3 years and updated after major life changes, such as marriage, divorce, the birth of a child, the death of a beneficiary, or a significant shift in assets. Changes in tax law can also make updates necessary. Outdated documents can lead to confusion, disputes, or even court challenges. For example, an old will that names a deceased executor or guardian can delay administration. At Chadwick Estate Law, we help families keep their estate plans current so they continue to provide the intended protection and efficiency.