Hiring a Wills, Trusts or Probate Lawyer in Pennsylvania
What Pennsylvania requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Pennsylvania: fee rules
| Rules on contingency fees | Under Pennsylvania Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in writing and state how the fee is determined, including the percentage(s) for settlement, trial or appeal, litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. At the end, the lawyer must give the client a written statement showing the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony or support, and contingent fees for defending a criminal case. Rule 1.5(b) also requires the basis or rate of the fee to be communicated in writing to clients the lawyer has not regularly represented. |
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| If you disagree with a lawyer's bill | Fee disputes are not normally handled through Pennsylvania's discipline process; the Disciplinary Board directs clients to contact the bar association in the county where the attorney practices. |
| If a lawyer takes your money | The Pennsylvania Lawyers Fund for Client Security reimburses victims of attorney dishonesty in the practice of law. The maximum award is $150,000 per claimant, with a $1,000,000 aggregate cap per attorney (effective February 24, 2014) that only the Supreme Court can exceed. Awards are discretionary. Filing is free and a lawyer is not required; mail the original signed Statement of Claim Form with supporting documents (scanned, emailed or faxed copies are accepted, though originals may be requested). |
Pennsylvania rules to know first
| 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. |
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| 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 |
| How probate works | 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. |
Find and check a lawyer
| Lawyer referral service | The Pennsylvania Bar Association's Lawyer Referral Service (LRS) connects people with a qualified attorney in the right location. Complete the online form (available 24/7) or call 800-932-0311 (select option 2) and describe your legal issue to get an immediate referral, then contact the attorney directly. The initial 30-minute consultation costs no more than $30. The PBA LRS operates in 47 of Pennsylvania's 67 counties. |
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| Check that the lawyer is licensed | The Disciplinary Board of the Supreme Court of Pennsylvania offers a public attorney search to view an attorney's contact information and disciplinary history. Search by last name, first name, attorney ID number, city, county or license status; status definitions are on a linked page. |
| Check discipline history or file a complaint | Complaints about Pennsylvania attorneys go to the Disciplinary Board of the Supreme Court of Pennsylvania and its Office of Disciplinary Counsel. File online with the electronic form, or print, sign and mail the complaint form (available in English and several other languages) to the district office where the attorney practices. You receive an acknowledgment and file number; Disciplinary Counsel investigates and may contact you, the attorney and others, and you get official notice of the outcome. Complaints are kept confidential except as the rules allow, and the process does not provide money or legal advice. The Board's attorney search shows disciplinary history; some prior discipline documents are online and others can be requested from the Executive Office ($0.50 per page). Board main line: 717.231.3380. |
Free legal help
| Free legal aid | Free civil legal aid for low-income Pennsylvanians is provided by regional legal aid programs. The Legal Services Corporation (LSC) lists seven Pennsylvania grantees: Legal Aid of Southeastern Pennsylvania, MidPenn Legal Services, Neighborhood Legal Services Association, North Penn Legal Services, Northwestern Legal Services, Philadelphia Legal Assistance Center, and Summit Legal Aid. |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.