Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

How Do You Avoid Probate in Pennsylvania?

Posted on Fri Nov 20, 2020, on Probate and Estate Administration

From Our “Ask a Question,” Mailbag: “My estate isn’t that large, but I want to make giving it to my son as easy as possible.  How do you avoid probate in Pennsylvania?”

How do you avoid probate in Pennsylvania

Estate Planning Lawyer, Peter Klenk

How Do You Avoid Probate in Pennsylvania?

First, let’s make sure you know what you are trying to avoid.  Each state has a probate process. In some states, such as New York and Florida, probate is a slow, expensive process.  In other states, such as Pennsylvania and New Jersey, the process is much easier. 

What is probate? When a person dies, they don’t get to take “it” with them. Probate is the process where the state oversees that the deceased person’s assets end up in the right hands. That could be a creditor. It could also be a spouse or child. Probate, in its most simple form, is the process where interested people get to make sure the right person(s) receive the estate funds.

Pennsylvania Probate.

The Pennsylvania probate process starts with the Register of Wills. Each county has a Register. When a person dies, the executor takes the Will and death certificate to the Register. The Register’s job is to review these documents and then give the Executor paperwork recognizing him or her as the estate’s executor.

How do you avoid probate in Pennsylvania?

If you wish to avoid the process of registering the will and avoid probate, you have several options.

  1. Holding assets Jointly. During your lifetime, you could put another person as a co-owner on your real estate or bank accounts. Then, at your death, the co-owner can claim your share. This avoids probate. But, during your lifetime, someone else is a co-owner of your asset. Many people don’t care to “share” their property during their lifetime.
  2. Naming Someone a Beneficiary. Another method is to name a person as the beneficiary of your asset. This is a typical method for Life Insurance and IRAs. Some assets, such as land, don’t have a beneficiary option. Further, by naming a person directly as a beneficiary, you don’t provide them any protection from divorce or creditors. 
  3. Using a Revocable Living Trust. This option gives you control over your assets during your lifetime and allows you to set up protective trusts for your loved ones after your death. Most people like the idea that their heirs can access assets when needed but can’t lose them in a divorce or a creditor. A Revocable Trust is also a useful tool when you are older and need help managing your assets. Your child or trusted friend can help you, but you still keep ultimate control.

Would you like more detail? Follow this link to my article, Revocable Living Trusts: Everything You Need to Know.

In Conclusion: How Do You Avoid Probate in Pennsylvania?

I hope you found helpful this short article responding to How do you avoid probate in Pennsylvania.  I have also included some links for more detailed information. If you would like to know more, or have an estate that needs our help, contact us.  Let our Probate and Estate Planning lawyers help walk you through what can be a confusing process. In fact, feel free to contact our office for a free consultation. 

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

It’s What We Do!

Tags:

Avoiding Probate, Revocable Trust

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Bernadette Cucinotti

It's our first time doing business with Klenk Law and it was absolutely very positive. All interactions were timely and very professional. Peter and all of his staff put us at ease when making our estate plans and answered any questions thoroughly. We would highly recommend.

Klenk Law Logo
Stars

Dave Wong

Very easy to deal with. Like the fact they are focused on estate planning and their expertise in this area shows. Peter and staff were helpful and easy to communicate with.

Klenk Law Logo
Stars

Matthew Wentz

My experience with Klenk Law was nothing shy of amazing. I had done some quick research when searching for an estate attorney and was immediately drawn to Klenk Law being a veteran owned business and due to their support for veterans, first responders, and teachers . Every member of their staff was knowledgeable and patient through every step of the process and with all of my questions. They were honest and transparent with pricing and expectations. They were very timely with communications and kept me in the loop throughout the process. I will definitely recommend Klenk Law to friends and family.

Klenk Law Logo
Stars

James Palmer

Recently hired this firm to help me write a will (something I had been procrastinating on doing for too long). The process was quick, easy, painless and I'm glad that thanks to the great team at this firm I was able to cross this off my "to do" list!!

Klenk Law Logo
Stars

Monika Patryn

I highly recommend this firm. Jackie was a pleasure to work with. I left there’s well educated and had all my questions answered.

Let us put our expertise to work for you.

Free consultation within 24 hours.