Estate Planning & Administration
How to Avoid Probate in Pennsylvania
Last updated June 2026
✓ Verified Jun. 2026Most people want to avoid probate. The real question is not whether probate is bad; it is whether the cost and time justify the expense of avoiding it in your case. Pennsylvania probate is not the nightmare you will hear about from financial advisors or trust salespeople.
Probate is the legal process of proving a will is valid, paying debts and taxes, and distributing assets under court supervision. It is public, it takes time (4 to 8 months in Bucks County for a simple estate), and it costs money, but not as much as you might think. Here is the step-by-step breakdown of how Pennsylvania probate actually works.
Pennsylvania is relatively probate-friendly. Court fees are modest (typically $300 to $500). Executor fees are not fixed by statute; the law (20 Pa.C.S. § 3537) requires only compensation that is "reasonable and just," and Pennsylvania courts commonly use the Johnson Estate fee schedule (5% on the first $100,000, with declining percentages on larger amounts) as a benchmark. Attorney fees for an uncontested estate usually run $1,500 to $3,000. Compare that to California or New York, where attorney fees alone can eat up 3 to 5% of the estate, and Pennsylvania starts looking reasonable.
Time is the real issue, not money. Probate takes months. If you need cash quickly, it is frustrating. If the estate is contentious, probate can drag on longer. And yes, it is public, anyone can look at your will and see what you owned and who got it. That bothers some people; others do not care.
Cost-wise, Pennsylvania probate is cheap enough that "avoiding it at all costs" often means spending more to avoid it than you would spend going through it. This is the core financial reality that estate planning industry glosses over.
This is the main tool. You create a trust during your lifetime, transfer property into it (your house, brokerage accounts, business interests), and name yourself as trustee. When you die, your successor trustee distributes assets without probate.
Advantages: no probate, privacy, faster distribution, easier if you own property in multiple states. Disadvantages: upfront cost ($2,500 to $5,000+ to draft and fund), ongoing maintenance (you have to actually retitle property into the trust), and no tax savings. Read our full guide on trusts in Pennsylvania to understand what a trust actually does and does not do.
Cheap and simple: add your spouse or child as a co-owner on your house, bank accounts, or investment accounts. When you die, it automatically passes to them by operation of law, no probate.
The catch is real. Joint ownership exposes the asset to the co-owner's creditors, divorces, and lawsuits. If your adult child has a judgment against them, a creditor can potentially reach the joint account you created to avoid probate. You also lose the stepped-up basis in tax terms if property passes through your estate (though joint property gets a stepped-up basis for the deceased's share, which is helpful). For a simple estate with a surviving spouse, joint ownership works fine. For anything more complex, it is usually a mistake.
Bank accounts and brokerage accounts can have POD beneficiaries. Life insurance and retirement accounts (IRAs, 401(k)s) have beneficiary designations built in. When you die, those assets go straight to the named beneficiary without probate.
This is the easiest probate avoidance tool for most people. There is no cost, it is simple to set up, and it works. The catch: beneficiary designations override your will. If your will says your estate goes equally to three children, but your IRA names only your oldest child, that is what happens. Beneficiary designations need to be reviewed and coordinated with the rest of your plan.
Pennsylvania does not currently allow Transfer-on-Death (TOD) deeds for real property, though House Bill 2124 (the Uniform Real Property Transfer on Death Act) would change that; it cleared the House Judiciary Committee 26-0 in February 2026. Check our legal updates for the status of TOD deed legislation in PA.
This is the biggest misconception. Avoiding probate does NOT avoid Pennsylvania inheritance tax. In Pennsylvania, inheritance tax (0% for a surviving spouse, 4.5% for lineal descendants and lineal ancestors such as children and parents, 12% for siblings, and 15% for all other heirs) is due on property you owned when you died, whether it goes through probate or not. A revocable trust avoids probate but not inheritance tax. Joint property avoids probate but not inheritance tax. An IRA with a named beneficiary avoids probate but not inheritance tax on the distribution.
Probate avoidance and tax avoidance are completely different things. Here is the full breakdown on Pennsylvania inheritance tax.
If you own property in multiple states, a revocable trust is worth it. You avoid probate in every state, which saves significant time and expense. If you have privacy concerns or a complicated family situation, a trust makes sense. If you want your affairs private and want faster distribution, a trust probably makes financial sense even at $3,000 to $4,000.
For a simple Pennsylvania estate (house, bank accounts, maybe some investments) with a straightforward family structure and a surviving spouse, probate avoidance often costs more than it saves. You can minimize probate exposure by using beneficiary designations on accounts and insurance, and name a strong executor in your will. You will probably spend $1,000 to $2,000 on probate fees. Setting up a trust to avoid that probably is not worth $4,000 upfront plus ongoing maintenance.
Do not set up a trust just because an advisor told you to. Do not accept the argument that "everyone needs a trust." Trust salesmanship is a real thing, and it does not always align with your financial interest.
The answer depends on your specific situation: what you own, where it is located, who you are leaving it to, and how much privacy and control you actually need. A $500 will plus smart beneficiary designations might be exactly the right answer for you.
Call us at 215-949-0888 or stop by our office at 1200 Veterans Highway, Suite B-3, Bristol, PA. We will walk through your assets, your goals, and what probate avoidance would actually cost versus benefit. No pressure, no sales pitch. Just honest analysis of whether avoidance makes sense in your case.
Statutory content on this page was last verified against Pennsylvania statutes (20 Pa.C.S.; 72 P.S. Art. XXI): Jun. 2026. If you are reading this significantly after that date, confirm key provisions with current statute text or contact our office.
Free consultations available for most practice areas.
Book a Free Consultation Or call 215-949-0888