The Truth About Trusts in Pennsylvania

If you have spoken to a financial advisor, attended a free "estate planning seminar," or read anything online about estate planning, you have probably been told you need a trust. Often this is not true. In Pennsylvania, trusts are oversold.

Why Pennsylvania is Different

Most of the trust marketing you encounter originates from states like California, Florida, and New York, where probate is expensive, time-consuming, and public. Pennsylvania's probate process is comparatively inexpensive and straightforward, particularly in counties like Bucks County where the Register of Wills office handles matters promptly.

When a Revocable Trust Actually Makes Sense

• You own real estate in multiple states. A trust avoids the need for ancillary probate in each state where you own property. This is probably the single best reason for most people.
• Privacy is genuinely important to you. Wills become public record when probated. Trusts do not. For most people, this is not a meaningful concern.
• You want smooth incapacity management. A well-funded trust with a successor trustee can provide continuous asset management if you become incapacitated: without court involvement. However, a durable power of attorney accomplishes much of the same thing.
• You have a beneficiary with special needs or substance abuse issues. A trust can provide structured distributions. But this is typically a testamentary trust or supplemental needs trust, not the "living trust" being marketed to you.
• You have minor children and significant assets. A testamentary trust in your will lets you control when and how children receive their inheritance (age 25, 30, or in stages) rather than having it distributed outright at 18 through a guardianship of the estate . This does not require a living trust; it goes in the will itself.

When a Trust is a Waste of Money

• You own property only in Pennsylvania
• Your estate is straightforward (spouse, children, typical assets)
• You have been told it will "save" on inheritance tax (it will not)
• You have been told your family "will not have to deal with probate" (they will still need to file the inheritance tax return and deal with creditors)
• The trust recommendation comes from someone who also sells insurance products or manages investments tied to the trust

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.