Question 1

What makes a will valid in Pennsylvania?

Accepted Answer

Any person 18 or older who is of sound mind may make a will. The will must be in writing and signed by the testator at the end; writing that appears after the signature does not invalidate what comes before it. If the testator signs by mark, or another person signs the testator's name at the testator's express direction, two witnesses must sign in the testator's presence (and, for a signature by another person, the testator must declare the document to be his or her will in front of them). A will is also valid in Pennsylvania if it was signed in compliance with the law of the place where the testator lived when it was signed or at death.

Question 2

Is a handwritten will valid in Pennsylvania?

Accepted Answer

Pennsylvania has no separate category for handwritten wills, but its general rule only requires that a will be in writing and signed by the testator at the end. A handwritten will signed at the end can therefore be valid without attesting witnesses. To probate it, the will must be proved before the Register of Wills by the oaths or affirmations of two competent witnesses, which for an unwitnessed will typically means people who can identify the testator's signature. Oral (nuncupative) wills are not recognized; that provision was repealed in 1974.

Question 3

Does a will need to be notarized in Pennsylvania?

Accepted Answer

Yes. An attested will may be made self-proved, at signing or any later date, by the testator's acknowledgment and the witnesses' affidavits made before an officer authorized to administer oaths (such as a notary public), or before a Pennsylvania attorney and certified to such an officer, evidenced by the officer's certificate under seal attached to the will. The statute sets out an acknowledgment and affidavit form (a Uniform Probate Code form may also be used). Unless the will is contested or was signed by mark or by another person, the Register accepts the affidavits as proof without further testimony.

Question 4

Who inherits if someone dies without a will in Pennsylvania?

Accepted Answer

Surviving spouse: the entire estate if the decedent left no descendants and no parent; the first $30,000 plus one-half of the rest if there are no descendants but a parent survives, or if all of the decedent's descendants are also descendants of the surviving spouse; one-half of the estate if any of the decedent's descendants are not the surviving spouse's descendants. Anything the spouse does not take (or everything, if there is no spouse) passes to descendants; if none, to parents; if none, to brothers and sisters and their descendants; if none, to grandparents (half to each side) and their children and grandchildren; if none, to aunts and uncles and their children and grandchildren. If there are no such relatives, the estate passes to an endowed community fund held by a qualifying community foundation in the decedent's municipality, then school district, then county, and only if none exists to the Commonwealth.

Question 5

What is a surviving spouse entitled to in Pennsylvania?

Accepted Answer

A surviving spouse of a person who died domiciled in Pennsylvania may elect to take one-third of certain property instead of what the will provides. The property counted includes property passing by will or intestacy, property the decedent could revoke or use at death, certain joint property with survivorship, certain annuities, and gifts made during the marriage within one year of death to the extent they exceed $3,000 per recipient; life insurance and employer retirement plans are generally excluded. The election must be a signed writing filed with the clerk of the orphans' court division in the county of domicile within six months after death or six months after probate, whichever is later (the court may extend this on a timely application). Pennsylvania is not a community property state.

Question 6

What is the small estate limit in Pennsylvania?

Accepted Answer

Pennsylvania has no general small estate affidavit. Instead, certain assets may be paid directly to family without letters: an employer may pay up to $10,000 in wages or employee benefits; a bank or credit union must pay deposits of up to $20,000 per institution to the spouse, a child, a parent or a sibling (in that order of preference) when a receipted funeral bill or a funeral director's affidavit is presented; a facility may pay up to $10,000 from a medical-assistance patient's care account; an insurer may pay up to $11,000 owed to the estate after 60 days; and the State Treasurer may release unclaimed property of $20,000 or less to the spouse or close relatives on a sworn affidavit if no personal representative has been appointed (or five years have passed since appointment). Real estate cannot pass this way.

Question 7

Is there a simplified probate process in Pennsylvania?

Accepted Answer

Two simplified options exist. (1) Petition for settlement of a small estate: if the decedent died domiciled in Pennsylvania owning personal property (not counting real estate or the direct payments allowed under § 3101, but including property claimed as the family exemption) worth no more than $50,000 gross, any interested party may petition the orphans' court division of the county of domicile, which may order distribution without full administration, whether or not letters were issued; owning real estate does not prevent use of this procedure for the personal property. A decree may be revoked within one year for improper distribution. (2) Where letters have been granted and the gross real and personal estate is $50,000 or less, the personal representative may, one year after the first complete advertisement of letters, petition with an annexed account for approval of distribution and discharge without a formal accounting. A family exemption of $3,500 in real or personal property may also be claimed by the surviving spouse (or, if none, children or then parents living in the decedent's household).

Question 8

How does probate work in Pennsylvania?

Accepted Answer

1) Probate the will and apply for letters before the Register of Wills of the county where the decedent last lived (letters testamentary for a named executor; letters of administration otherwise). 2) The personal representative takes an oath and, unless excused, files a bond. 3) Immediately after letters are granted, advertise the grant once a week for three successive weeks in a newspaper of general circulation and in the county's designated legal periodical, asking creditors to present claims. 4) Give notice of the estate administration to beneficiaries and heirs (statewide form RW-07). 5) File a verified inventory with the Register by the earlier of the date the account is filed or the inheritance tax return due date (or sooner if a party in interest requests it in writing). 6) Pay debts and inheritance tax, then distribute either at the representative's own risk or after filing an account with the orphans' court division for audit or confirmation.

Question 9

How long do creditors have to file claims against an estate in Pennsylvania?

Accepted Answer

Pennsylvania does not set a single claim-filing deadline. Creditors present claims by written notice to the personal representative or the representative's attorney. A representative who distributes at his or her own risk is protected from claims not known within one year after the first complete advertisement of the grant of letters (or before the distribution). The representative may also send a written demand requiring a potential claimant to give notice within 60 days or within that one-year period, whichever is later. For real estate distributed at the representative's risk, a claimant must file written notice of the claim with the clerk within one year after death.

Question 10

Who can be an executor in Pennsylvania?

Accepted Answer

The Register grants letters testamentary to the executor named in the will. Without a named executor, letters of administration go, in order, to residuary beneficiaries, the surviving spouse, heirs, principal creditors and other fit persons. A personal representative must be at least 18; a person charged with voluntary manslaughter or homicide (other than homicide by vehicle) in connection with the death cannot serve, and the Register may find others (other than a named executor) unfit. The Register has discretion to refuse letters of administration to a nonresident of Pennsylvania. A bond is generally required, but not for a named representative who is a Pennsylvania resident, or who is excused from bond by the will, or a nonresident serving with a resident co-representative who keeps custody of the assets; a resident sole heir or the nominee of all adult heirs may also be excused. A court may still order a bond.

Question 11

Does Pennsylvania allow transfer-on-death deeds?

Accepted Answer

No. Pennsylvania has not adopted a transfer on death deed for real estate. Its transfer on death law covers securities and security accounts registered in beneficiary form.

Question 12

What does a quitclaim deed need to be valid in Pennsylvania?

Accepted Answer

Deeds are recorded with the county Recorder of Deeds. Pennsylvania imposes a state realty transfer tax of 1% of the value of the real estate, collected by the Recorder of Deeds, often together with an additional local realty transfer tax; the grantor and grantee are jointly and severally liable for it. Certain transfers are exempt, including certain transfers among family members and property passing by will or intestacy.

Question 13

What are the requirements for a power of attorney in Pennsylvania?

Accepted Answer

A power of attorney must be dated and signed by the principal (or by mark, or by another person at the principal's direction). For powers of attorney signed on or after January 1, 2015, the signature must be acknowledged before a notary public (who may not be the agent) and witnessed by two adults; the agent, the notary and anyone signing for the principal may not serve as witnesses. A financial power of attorney must begin with a statutory notice in capital letters, signed by the principal, and the agent must sign a statutory acknowledgment before acting. Powers of attorney are durable unless they say otherwise. There is no complete statutory fill-in form; the law lists short phrases that grant specific powers.

Question 14

What are the requirements for a health care directive in Pennsylvania?

Accepted Answer

Pennsylvania recognizes a living will and a health care power of attorney (which may be combined). Either may be made by a person of sound mind who is 18 or older, has graduated from high school, is married, or is an emancipated minor. It must be dated and signed by the principal (or by another person at the principal's direction) and witnessed by two individuals who are each 18 or older; a person who signs for the principal may not be a witness, and a health care provider (or its agent) who provides care to the principal may not sign on the principal's behalf. No notarization is required. The statute includes an example combined form, but any written form containing the required information may be used.

Question 15

Does Pennsylvania have an estate or inheritance tax?

Accepted Answer

Pennsylvania has an inheritance tax, with rates based on the beneficiary's relationship to the decedent: 0% for transfers to a surviving spouse or to a parent from a child aged 21 or younger; 4.5% to direct descendants and lineal heirs; 12% to siblings; and 15% to other heirs (charities, exempt institutions and government bodies are exempt). Property owned jointly by spouses, certain qualifying farmland, and certain property of service members who die from active-duty injuries or illness are exempt. Tax is due at death and becomes delinquent nine months after death; a 5% discount applies if paid within three months of death.

Question 16

How do I make a living will in Pennsylvania?

Accepted Answer

Pennsylvania recognizes a living will, which may be combined with a health care power of attorney. It may be made by a person of sound mind who is 18 or older, has graduated from high school, is married, or is an emancipated minor. It must be dated and signed by the person (or by another at the person's direction) and witnessed by two individuals who are each 18 or older; a person who signs on the principal's behalf may not also be a witness. No notarization is required. The statute includes an example combined form, but any written form containing the required information may be used.

Question 17

How do I make a medical power of attorney in Pennsylvania?

Accepted Answer

Pennsylvania calls it a health care power of attorney, naming a health care agent. The same eligibility and signing rules apply as for a living will: dated, signed by the principal (or another at the principal's direction), and witnessed by two adults; a health care provider (or its agent) who provides care to the principal may not sign on the principal's behalf. No notarization is required. An example combined living will and health care power of attorney form is printed in the statute.

Question 18

How do living trusts work in Pennsylvania?

Accepted Answer

Pennsylvania has adopted a version of the Uniform Trust Code, called the Uniform Trust Act (20 Pa.C.S. Chapter 77). Unlike many states, Pennsylvania requires a writing: a trust is created only if the settlor has capacity and signs a writing that indicates an intention to create the trust and contains its provisions, the trust has a definite beneficiary (or is a charitable, animal-care or permitted noncharitable trust), the trustee has duties, and the same person is not the sole trustee and sole beneficiary. Oral trusts are unenforceable in Pennsylvania. The settlor may revoke or amend a trust unless its terms expressly make it irrevocable. Assets retitled to the trustee pass under the trust terms without probate; assets left in the decedent's own name may still require letters from the Register of Wills. Trust assets may still be subject to Pennsylvania inheritance tax.

Question 19

What does an executor have to do in Pennsylvania?

Accepted Answer

Main duties of a Pennsylvania personal representative: take the oath and file any required bond; immediately after letters are granted, advertise the grant once a week for three successive weeks in a newspaper of general circulation and in the county's designated legal periodical, with the representative's name and address, asking creditors to present claims; give notice of the estate administration to beneficiaries and heirs (statewide form RW-07, under Orphans' Court Rule 10.5); file a verified inventory of the decedent's real and personal estate with the Register of Wills (by the earlier of the date the account is filed or the inheritance tax return due date, or sooner if a party in interest asks in writing); pay debts and Pennsylvania inheritance tax; and distribute the estate either at the representative's own risk or after filing an account with the orphans' court division for audit or confirmation.

Question 20

How do I get letters testamentary in Pennsylvania?

Accepted Answer

Letters are granted by the Register of Wills of the county where the decedent had his or her last family or principal residence. With a will, the named executor petitions to probate the will and receives letters testamentary; without one (or with no available executor), letters of administration go, in order, to residuary beneficiaries, the surviving spouse, heirs, principal creditors and other fit persons. Applicants use the statewide Petition for Grant of Letters (RW-02), and subscribing witnesses may need to prove the will (RW-03). The personal representative takes an oath and files a bond unless excused (for example, a named Pennsylvania-resident executor or one excused by the will). The Register issues short certificates as evidence of appointment, which institutions such as PennDOT require.

Question 21

Does Pennsylvania have an affidavit of heirship?

Accepted Answer

Pennsylvania has no general affidavit of heirship statute, but it has a court procedure to determine title to a decedent's real estate. If a person dies owning Pennsylvania real estate and either no letters were granted and one year has passed since death, or a personal representative was appointed but has not filed an account within six years of death, an heir or devisee (or a person claiming through one, and certain community development nonprofits, municipalities or redevelopment authorities) may petition the orphans' court division to establish title, terminate the interests of other heirs or devisees after proper notice, or cancel a fraudulent conveyance.

Question 22

How can you avoid probate in Pennsylvania?

Accepted Answer

Non-probate transfers available in Pennsylvania: (1) No transfer-on-death deed for real estate; real estate can pass outside probate by joint tenancy with right of survivorship or tenancy by the entireties. (2) Joint bank accounts belong to the surviving party, and P.O.D. accounts pass to the payee, under the multiple-party accounts law (20 Pa.C.S. Chapter 63). (3) Transfer-on-death registration of securities and security accounts (20 Pa.C.S. Chapter 64). (4) Vehicles titled to joint owners with right of survivorship (including spouses) pass to the survivor on Form MV-39 (PennDOT). (5) Direct payment of limited amounts without letters, such as bank deposits up to $20,000 to family on a funeral bill and up to $10,000 in wages (20 Pa.C.S. § 3101). (6) Petition for settlement of a small estate of $50,000 or less of personal property (20 Pa.C.S. § 3102). (7) Revocable living trust (20 Pa.C.S. Chapter 77).

Question 23

Where can I get a power of attorney form in Pennsylvania?

Accepted Answer

Pennsylvania does not set out a fill-in statutory form for a financial power of attorney, but every power of attorney must begin with a statutory NOTICE in capital letters signed by the principal, and the agent must sign an acknowledgment of duties before acting (20 Pa.C.S. 5601(c), (d)). The power of attorney must be dated and signed by the principal (or by another person at the principal's direction), acknowledged before a notary public who is not the agent, and witnessed by two adults; the agent, the notary, and anyone who signed for the principal cannot be witnesses (5601(b)). For health care, the statute gives an example form, "Durable Health Care Power of Attorney and Health Care Treatment Instructions (Living Will)" (20 Pa.C.S. 5471). A health care power of attorney must be dated, signed by the principal and witnessed by two adults; a person who signs on the principal's behalf cannot be a witness (5452). Notarization is not required for a power of attorney used only for health care decisions (5601(e.2)).

Question 24

How do I search probate court records in Pennsylvania?

Accepted Answer

Wills are probated, and letters granted to personal representatives, by the Register of Wills of each county (20 Pa.C.S. 901). The Unified Judicial System publishes a county-by-county directory of Orphans' Court clerks with mailing addresses and phone numbers, and the Department of Health notes that wills are among the records held at county courthouses.

Question 25

How do I transfer a car title after someone dies in Pennsylvania?

Accepted Answer

PennDOT procedures: (1) Joint owners with right of survivorship (including spouses as tenants by the entireties): the survivor does not assign the title; submit the title with Form MV-39 and an original death certificate (or the MV-39 section completed by the physician or funeral director). (2) Executor or administrator appointed: the personal representative assigns the title to the new owner and submits a short form certificate from the Register of Wills and Form MV-4ST. (3) Will not probated: allowed only if the will leaves the vehicle to the surviving spouse, child(ren) or parent(s); submit the title assigned by that person, a copy of the will, Form MV-39, Form MV-4ST and proof of death. (4) No will and no administrator: the title is assigned by the surviving spouse and adult children (or, with no spouse or minor heirs, by all heirs), with Form MV-39, Form MV-4ST and proof of death. No title fee is charged when the vehicle is titled to the surviving spouse.

Requirements for a valid will	Any person 18 or older who is of sound mind may make a will. The will must be in writing and signed by the testator at the end; writing that appears after the signature does not invalidate what comes before it. If the testator signs by mark, or another person signs the testator's name at the testator's express direction, two witnesses must sign in the testator's presence (and, for a signature by another person, the testator must declare the document to be his or her will in front of them). A will is also valid in Pennsylvania if it was signed in compliance with the law of the place where the testator lived when it was signed or at death. The statute does not require witnesses to sign a will the testator signs personally, but at probate the will must generally be proved by the oaths of two competent witnesses (20 Pa.C.S. § 3132), so many wills are witnessed or made self-proved. Source: 20 Pa.C.S. § 2501; § 2502; § 2504.1
Handwritten (holographic) wills	Pennsylvania has no separate category for handwritten wills, but its general rule only requires that a will be in writing and signed by the testator at the end. A handwritten will signed at the end can therefore be valid without attesting witnesses. To probate it, the will must be proved before the Register of Wills by the oaths or affirmations of two competent witnesses, which for an unwitnessed will typically means people who can identify the testator's signature. Oral (nuncupative) wills are not recognized; that provision was repealed in 1974. Source: 20 Pa.C.S. § 2502; § 2503 (repealed); § 3132
Self-proving affidavit	Yes. An attested will may be made self-proved, at signing or any later date, by the testator's acknowledgment and the witnesses' affidavits made before an officer authorized to administer oaths (such as a notary public), or before a Pennsylvania attorney and certified to such an officer, evidenced by the officer's certificate under seal attached to the will. The statute sets out an acknowledgment and affidavit form (a Uniform Probate Code form may also be used). Unless the will is contested or was signed by mark or by another person, the Register accepts the affidavits as proof without further testimony. Source: 20 Pa.C.S. § 3132.1

Probate steps	1) Probate the will and apply for letters before the Register of Wills of the county where the decedent last lived (letters testamentary for a named executor; letters of administration otherwise). 2) The personal representative takes an oath and, unless excused, files a bond. 3) Immediately after letters are granted, advertise the grant once a week for three successive weeks in a newspaper of general circulation and in the county's designated legal periodical, asking creditors to present claims. 4) Give notice of the estate administration to beneficiaries and heirs (statewide form RW-07). 5) File a verified inventory with the Register by the earlier of the date the account is filed or the inheritance tax return due date (or sooner if a party in interest requests it in writing). 6) Pay debts and inheritance tax, then distribute either at the representative's own risk or after filing an account with the orphans' court division for audit or confirmation. Inventory timing is in Chapter 33 (§ 3301); distribution and accounting rules are in Chapter 35. Source: 20 Pa.C.S. § 3131; § 3151; § 3161; § 3162; § 3171; § 3301; § 3532
Simplified probate	Two simplified options exist. (1) Petition for settlement of a small estate: if the decedent died domiciled in Pennsylvania owning personal property (not counting real estate or the direct payments allowed under § 3101, but including property claimed as the family exemption) worth no more than $50,000 gross, any interested party may petition the orphans' court division of the county of domicile, which may order distribution without full administration, whether or not letters were issued; owning real estate does not prevent use of this procedure for the personal property. A decree may be revoked within one year for improper distribution. (2) Where letters have been granted and the gross real and personal estate is $50,000 or less, the personal representative may, one year after the first complete advertisement of letters, petition with an annexed account for approval of distribution and discharge without a formal accounting. A family exemption of $3,500 in real or personal property may also be claimed by the surviving spouse (or, if none, children or then parents living in the decedent's household). The $50,000 limits apply to estates of decedents dying on or after the 2013 amendment (Act 35 of 2013). Section 3531 is in Chapter 35. Source: 20 Pa.C.S. § 3102; § 3121; § 3531
Small estate affidavit	Pennsylvania has no general small estate affidavit. Instead, certain assets may be paid directly to family without letters: an employer may pay up to $10,000 in wages or employee benefits; a bank or credit union must pay deposits of up to $20,000 per institution to the spouse, a child, a parent or a sibling (in that order of preference) when a receipted funeral bill or a funeral director's affidavit is presented; a facility may pay up to $10,000 from a medical-assistance patient's care account; an insurer may pay up to $11,000 owed to the estate after 60 days; and the State Treasurer may release unclaimed property of $20,000 or less to the spouse or close relatives on a sworn affidavit if no personal representative has been appointed (or five years have passed since appointment). Real estate cannot pass this way. Act 50 of 2025 raised the bank deposit limit from $10,000 to $20,000 (effective 60 days after enactment on November 24, 2025) and the unclaimed property limit from $11,000 to $20,000 (effective 180 days after enactment). Source: 20 Pa.C.S. § 3101
Deadline for creditor claims	Pennsylvania does not set a single claim-filing deadline. Creditors present claims by written notice to the personal representative or the representative's attorney. A representative who distributes at his or her own risk is protected from claims not known within one year after the first complete advertisement of the grant of letters (or before the distribution). The representative may also send a written demand requiring a potential claimant to give notice within 60 days or within that one-year period, whichever is later. For real estate distributed at the representative's risk, a claimant must file written notice of the claim with the clerk within one year after death. Source: 20 Pa.C.S. § 3384; § 3532
Who can be executor	The Register grants letters testamentary to the executor named in the will. Without a named executor, letters of administration go, in order, to residuary beneficiaries, the surviving spouse, heirs, principal creditors and other fit persons. A personal representative must be at least 18; a person charged with voluntary manslaughter or homicide (other than homicide by vehicle) in connection with the death cannot serve, and the Register may find others (other than a named executor) unfit. The Register has discretion to refuse letters of administration to a nonresident of Pennsylvania. A bond is generally required, but not for a named representative who is a Pennsylvania resident, or who is excused from bond by the will, or a nonresident serving with a resident co-representative who keeps custody of the assets; a resident sole heir or the nominee of all adult heirs may also be excused. A court may still order a bond. Source: 20 Pa.C.S. § 3155; § 3156; § 3157; § 3171; § 3174
Finding probate court records	Wills are probated, and letters granted to personal representatives, by the Register of Wills of each county (20 Pa.C.S. 901). The Unified Judicial System publishes a county-by-county directory of Orphans' Court clerks with mailing addresses and phone numbers, and the Department of Health notes that wills are among the records held at county courthouses. Register's jurisdiction: https://www.palegis.us/statutes/consolidated/view-statute?txtType=PDF&ttl=20&div=0&chapter=9&section=1&subsctn=0 Source: 20 Pa.C.S. 901; Unified Judicial System of Pennsylvania, Orphans' Court Clerks

Financial power of attorney	A power of attorney must be dated and signed by the principal (or by mark, or by another person at the principal's direction). For powers of attorney signed on or after January 1, 2015, the signature must be acknowledged before a notary public (who may not be the agent) and witnessed by two adults; the agent, the notary and anyone signing for the principal may not serve as witnesses. A financial power of attorney must begin with a statutory notice in capital letters, signed by the principal, and the agent must sign a statutory acknowledgment before acting. Powers of attorney are durable unless they say otherwise. There is no complete statutory fill-in form; the law lists short phrases that grant specific powers. Source: 20 Pa.C.S. § 5601; § 5601.1; § 5602
Health care directive	Pennsylvania recognizes a living will and a health care power of attorney (which may be combined). Either may be made by a person of sound mind who is 18 or older, has graduated from high school, is married, or is an emancipated minor. It must be dated and signed by the principal (or by another person at the principal's direction) and witnessed by two individuals who are each 18 or older; a person who signs for the principal may not be a witness, and a health care provider (or its agent) who provides care to the principal may not sign on the principal's behalf. No notarization is required. The statute includes an example combined form, but any written form containing the required information may be used. Source: 20 Pa.C.S. § 5442; § 5452; § 5465; § 5471
Official power of attorney forms	Pennsylvania does not set out a fill-in statutory form for a financial power of attorney, but every power of attorney must begin with a statutory NOTICE in capital letters signed by the principal, and the agent must sign an acknowledgment of duties before acting (20 Pa.C.S. 5601(c), (d)). The power of attorney must be dated and signed by the principal (or by another person at the principal's direction), acknowledged before a notary public who is not the agent, and witnessed by two adults; the agent, the notary, and anyone who signed for the principal cannot be witnesses (5601(b)). For health care, the statute gives an example form, "Durable Health Care Power of Attorney and Health Care Treatment Instructions (Living Will)" (20 Pa.C.S. 5471). A health care power of attorney must be dated, signed by the principal and witnessed by two adults; a person who signs on the principal's behalf cannot be a witness (5452). Notarization is not required for a power of attorney used only for health care decisions (5601(e.2)). Health care execution: https://www.palegis.us/statutes/consolidated/view-statute?txtType=PDF&ttl=20&div=0&chapter=54&section=52&subsctn=0 ; example form: https://www.palegis.us/statutes/consolidated/view-statute?txtType=PDF&ttl=20&div=0&chapter=54&section=71&subsctn=0 Source: 20 Pa.C.S. 5601, 5452, 5471

Living will / advance directive	Pennsylvania recognizes a living will, which may be combined with a health care power of attorney. It may be made by a person of sound mind who is 18 or older, has graduated from high school, is married, or is an emancipated minor. It must be dated and signed by the person (or by another at the person's direction) and witnessed by two individuals who are each 18 or older; a person who signs on the principal's behalf may not also be a witness. No notarization is required. The statute includes an example combined form, but any written form containing the required information may be used. Source: 20 Pa.C.S. §§ 5442, 5465, 5471
Medical power of attorney	Pennsylvania calls it a health care power of attorney, naming a health care agent. The same eligibility and signing rules apply as for a living will: dated, signed by the principal (or another at the principal's direction), and witnessed by two adults; a health care provider (or its agent) who provides care to the principal may not sign on the principal's behalf. No notarization is required. An example combined living will and health care power of attorney form is printed in the statute. Source: 20 Pa.C.S. §§ 5452, 5465, 5471
Revocable living trust	Pennsylvania has adopted a version of the Uniform Trust Code, called the Uniform Trust Act (20 Pa.C.S. Chapter 77). Unlike many states, Pennsylvania requires a writing: a trust is created only if the settlor has capacity and signs a writing that indicates an intention to create the trust and contains its provisions, the trust has a definite beneficiary (or is a charitable, animal-care or permitted noncharitable trust), the trustee has duties, and the same person is not the sole trustee and sole beneficiary. Oral trusts are unenforceable in Pennsylvania. The settlor may revoke or amend a trust unless its terms expressly make it irrevocable. Assets retitled to the trustee pass under the trust terms without probate; assets left in the decedent's own name may still require letters from the Register of Wills. Trust assets may still be subject to Pennsylvania inheritance tax. Source: 20 Pa.C.S. §§ 7701, 7732, 7737, 7752
Ways to avoid probate	Non-probate transfers available in Pennsylvania: (1) No transfer-on-death deed for real estate; real estate can pass outside probate by joint tenancy with right of survivorship or tenancy by the entireties. (2) Joint bank accounts belong to the surviving party, and P.O.D. accounts pass to the payee, under the multiple-party accounts law (20 Pa.C.S. Chapter 63). (3) Transfer-on-death registration of securities and security accounts (20 Pa.C.S. Chapter 64). (4) Vehicles titled to joint owners with right of survivorship (including spouses) pass to the survivor on Form MV-39 (PennDOT). (5) Direct payment of limited amounts without letters, such as bank deposits up to $20,000 to family on a funeral bill and up to $10,000 in wages (20 Pa.C.S. § 3101). (6) Petition for settlement of a small estate of $50,000 or less of personal property (20 Pa.C.S. § 3102). (7) Revocable living trust (20 Pa.C.S. Chapter 77). TOD securities: https://www.palegis.us/statutes/consolidated/view-statute?iFrame=true&txtType=HTM&ttl=20&div=0&chapter=64; small amounts: https://www.palegis.us/statutes/consolidated/view-statute?iFrame=true&txtType=HTM&ttl=20&div=0&chapter=31 Source: 20 Pa.C.S. §§ 6304, 3101, 3102; Ch. 64

Executor's duties	Main duties of a Pennsylvania personal representative: take the oath and file any required bond; immediately after letters are granted, advertise the grant once a week for three successive weeks in a newspaper of general circulation and in the county's designated legal periodical, with the representative's name and address, asking creditors to present claims; give notice of the estate administration to beneficiaries and heirs (statewide form RW-07, under Orphans' Court Rule 10.5); file a verified inventory of the decedent's real and personal estate with the Register of Wills (by the earlier of the date the account is filed or the inheritance tax return due date, or sooner if a party in interest asks in writing); pay debts and Pennsylvania inheritance tax; and distribute the estate either at the representative's own risk or after filing an account with the orphans' court division for audit or confirmation. Inventory rules are in Chapter 33: https://www.palegis.us/statutes/consolidated/view-statute?iFrame=true&txtType=HTM&ttl=20&div=0&chapter=33 Source: 20 Pa.C.S. §§ 3162, 3301, 3532
Letters testamentary	Letters are granted by the Register of Wills of the county where the decedent had his or her last family or principal residence. With a will, the named executor petitions to probate the will and receives letters testamentary; without one (or with no available executor), letters of administration go, in order, to residuary beneficiaries, the surviving spouse, heirs, principal creditors and other fit persons. Applicants use the statewide Petition for Grant of Letters (RW-02), and subscribing witnesses may need to prove the will (RW-03). The personal representative takes an oath and files a bond unless excused (for example, a named Pennsylvania-resident executor or one excused by the will). The Register issues short certificates as evidence of appointment, which institutions such as PennDOT require. Source: 20 Pa.C.S. §§ 3131, 3155, 3171, 3174
Affidavit / determination of heirship	Pennsylvania has no general affidavit of heirship statute, but it has a court procedure to determine title to a decedent's real estate. If a person dies owning Pennsylvania real estate and either no letters were granted and one year has passed since death, or a personal representative was appointed but has not filed an account within six years of death, an heir or devisee (or a person claiming through one, and certain community development nonprofits, municipalities or redevelopment authorities) may petition the orphans' court division to establish title, terminate the interests of other heirs or devisees after proper notice, or cancel a fraudulent conveyance. Source: 20 Pa.C.S. § 3546
Transferring a car after death	PennDOT procedures: (1) Joint owners with right of survivorship (including spouses as tenants by the entireties): the survivor does not assign the title; submit the title with Form MV-39 and an original death certificate (or the MV-39 section completed by the physician or funeral director). (2) Executor or administrator appointed: the personal representative assigns the title to the new owner and submits a short form certificate from the Register of Wills and Form MV-4ST. (3) Will not probated: allowed only if the will leaves the vehicle to the surviving spouse, child(ren) or parent(s); submit the title assigned by that person, a copy of the will, Form MV-39, Form MV-4ST and proof of death. (4) No will and no administrator: the title is assigned by the surviving spouse and adult children (or, with no spouse or minor heirs, by all heirs), with Form MV-39, Form MV-4ST and proof of death. No title fee is charged when the vehicle is titled to the surviving spouse. Source: PennDOT Fact Sheet, Vehicle Transfer after Death of Owner (April 2025)

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