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Estate Planning & Administration

Estate Plan Review Checklist

Last updated June 2026

Your estate plan is not a "set it and forget it" document. Life changes. Laws change. Beneficiary designations go stale. Executors move out of state. Ex-spouses do not automatically get removed. That is why we recommend a complete review every 3 to 5 years, and immediately after major life events.

When You Absolutely Need to Review

Marriage or remarriage. Divorce. Birth of a child or grandchild. Death of a spouse, child, or named executor. Significant change in your net worth (up or down). Moving to a different state. A major asset acquisition (real estate, business interest). Significant changes in tax law. If any of these has happened, your plan needs review right now.

Even without major life events, schedule a review every 3 to 5 years. Laws change. The people you named 10 years ago may not be the right choices today. Your priorities shift.

Estate Plan Review Checklist

DOCUMENTS TO LOCATE AND REVIEW

Will or Revocable Trust
Do you have the original (or certified copy for a trust)? Is it dated? Do you remember the main provisions?

Financial Power of Attorney
Who did you name as agent? Are they still able and willing? Is the document properly executed and notarized?

Healthcare Directive (Living Will) and Healthcare Power of Attorney
Have you appointed a healthcare agent? Do they know what you want end-of-life care to look like? Is the document witnessed and notarized per Pennsylvania law?

Beneficiary Designations (Life Insurance, Retirement Accounts, Investment Accounts)
List all of them. Are they current? Do they align with your will or trust, or do they override it?

If You Have a Trust: Trust Funding Documentation
What assets are actually titled in the trust's name? What assets are still in your individual name? Do you have deeds, brokerage account statements showing the trust as owner?

Critical Issues to Check

Outdated Executor or Trustee

The person you named as executor 15 years ago may have moved to Arizona, gotten too old, or become unwilling to serve. If that person is still named but unable to act, your estate could face delays or complications. During a review, confirm your executor is still willing, still capable, and preferably still in Pennsylvania (to avoid out-of-state complications).

Ex-Spouse Still Named

You do not need to be paranoid, but it happens: you name your spouse as executor, you divorce, and the will sits in a drawer for 10 years with the ex still named. Under Pennsylvania law (20 Pa.C.S. § 2507), once a divorce is final, any provision in your will in favor of or relating to your former spouse becomes ineffective unless the will says it was meant to survive the divorce; so the appointment of an ex-spouse as executor and any gift to them is generally voided by operation of law. But do not rely on that automatic rule to clean up your plan: the rule applies only after the divorce is final (or after grounds are established in a pending divorce), it does not reach beneficiary designations on life insurance or retirement accounts, and an outdated will naming an ex still invites confusion and delay. Fix this during a review.

Beneficiaries Now Adults (or Now Deceased)

If your will says your children get their inheritance in a lump sum at age 21, and they are now 40, you probably want to reconsider. If a named beneficiary has passed away, does your plan address that (does it go to their children, back to your estate, or to alternates)? Review these specific provisions.

Missing Self-Proving Affidavit

An older will may lack a self-proving affidavit. Pennsylvania law allows wills with this affidavit to be admitted to probate without requiring the witnesses to testify in court. If your will does not have one, probate becomes more difficult. This is an easy fix: you do not need to redo the whole will, just add the affidavit.

Power of Attorney That Banks Will Not Honor

Some older powers of attorney are written in language that confuses banks and financial institutions. Modern institutions often request their own form or certified copies. During a review, test whether your existing POA would be accepted by your bank and brokerage. If not, get a new one drafted in language institutions will recognize.

Beneficiary Designations That Conflict with Your Will

This is extremely common. Your will says your estate goes equally to three children, but you named only your oldest child as beneficiary on your IRA. Beneficiary designations override your will. If they conflict, you get an unintended result. Review every beneficiary designation and ensure they align with your overall plan.

Pennsylvania-Specific Issues

Act 64 Grantor Trust Changes

Pennsylvania's Act 64 of 2023 (effective for tax years beginning January 1, 2025) changed how grantor trusts are treated for state income tax purposes. If you have a trust that was drafted before Act 64, consult with your attorney about whether it is affected and whether changes are needed. This is technical stuff, but it can impact your tax situation.

Inheritance Tax Rate Awareness

Pennsylvania inheritance tax rates are 0% for a surviving spouse, 4.5% for direct lineal descendants and lineal heirs (children, grandchildren, parents, and grandparents), 12% for brothers and sisters, and 15% for all other heirs (more distant relatives and unrelated parties). If your will or trust was drafted in an older state with different tax assumptions, it might need adjustment. Understand the full scope of Pennsylvania inheritance tax here.

Elective Share Considerations

If you are married and planning to leave most of your estate to adult children (rather than your spouse), you need to understand what a surviving spouse can claim. Under Pennsylvania law, a surviving spouse can elect to take a statutory share of the estate. Your plan should address this consciously, not accidentally.

How Much Will a Review Cost?

A comprehensive review, including document examination and recommendations, typically runs $400 to $800. A simple update to your existing plan (changing one executor or updating a few beneficiary designations) might be $200 to $400. That is far cheaper than redoing your entire plan from scratch, and it is more cost-effective than having your estate deal with outdated provisions after your death.

Start Your Review

Gather your documents: will or trust, POAs, beneficiary designation forms from your bank and brokerage, and healthcare directives. Call us at 215-949-0888 or visit us at 1200 Veterans Highway, Suite B-3, Bristol, PA to schedule a review. We will walk through everything with you, flag what needs updating, and give you clear recommendations. If changes are small, we handle them efficiently. If your life has changed significantly, we will discuss whether your entire plan needs rebuilding.

Marc Lynde · 12+ years as a licensed attorney · Cardozo School of Law · Licensed in PA & NY · Full bio →

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