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Repons kout la · 11 min lekti

After a settlor's death, a Pennsylvania successor trustee's first dated duty is a written notice, sent no later than 30 days after the trustee learns of the death, to the personal representative, the spouse, the children who are sui juris and the current beneficiaries (20 Pa.C.S. §7780.3(c)). The trust's property then answers for the settlor's creditors after the estate's own assets (§7755).

Dènye revizyon ak Pennsylvania Statutes yo ak mizajou: 2026-10-09.

The first week: decide, secure, and find the documents

Before anything else, find the trust instrument and every amendment, read who is named and how a successor takes over, and decide whether you will serve. A named trustee may act to preserve the trust property before deciding, so long as a written rejection follows within a reasonable time if the answer is no (20 Pa.C.S. §7761(c)). Once you accept, the duty to take reasonable steps to take control of and protect the trust property applies (20 Pa.C.S. §7779).

Record two dates from the start: the date of death, and the date you learned of it. Pennsylvania counts the trustee's notice from the second (20 Pa.C.S. §7780.3(c)); where the knowledge date is not recorded, the file counts from the date of death and says so.

The notice within 30 days of learning of the death

No later than 30 days after the trustee of a revocable trust learns that the settlor has died, the trustee sends a written notice to the settlor's personal representative, the settlor's spouse (or the spouse's guardian), each of the settlor's children who is sui juris (and the guardian of any who is not), and the trust's current beneficiaries (20 Pa.C.S. §7780.3(c)). The notice states the trust's existence, the settlor's identity, the trustee's name, address and telephone number, the recipient's right to a copy of the trust instrument on request, each current beneficiary's right to periodic written financial reports at least annually on request, and each trust director's name, address and telephone number (20 Pa.C.S. §7780.3(i)).

The notice matters beyond information: a contest of a trust that was revocable must be filed no later than one year after the trustee gave it, and on petition the court may shorten the period to six months (20 Pa.C.S. §7754). If a personal representative is appointed after you sent your notice, the trustee sends the representative the same notice no later than 30 days after learning of the appointment (20 Pa.C.S. §3384.1). A beneficiary may waive the notice in writing and later rescind the waiver (20 Pa.C.S. §7780.3(j)).

Dat limit administratè Pennsylvania: sa lwa yo prevwa

Verifye ak Pennsylvania Statutes yo nan dat 2026-10-09. Enfòmasyon jeneral, pa konsèy legal; tèks ofisyèl la ki kòmande.

KilèDelèSa lwa a prevwaBay kiyèsLwa
You learn you are named successor trusteeNo fixed day-count. A designated trustee who does not accept within a reasonable time after knowing of the designation is deemed to have rejected the trusteeship.Accept by substantially complying with the method the trust provides or — where it provides none, or its method is not expressly exclusive — by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance. Without accepting, a named trustee may act to preserve the property if a written rejection follows within a reasonable time, and may inspect it.—20 Pa.C.S. §7761 ↗
You acceptAt once and throughout; no day-count.Administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with applicable law.—20 Pa.C.S. §7771 ↗
You acceptAt once and throughout; no day-count.Take reasonable steps to take control of and protect the trust property.—20 Pa.C.S. §7779 ↗
You acceptThroughout; no day-count.Keep adequate records of the administration, keep trust property separate from your own, and have it designated as the trust's in records kept by others where feasible.—20 Pa.C.S. §7780 ↗
You learn that the settlor of a revocable trust has diedNo later than 30 days after you learn of the death.Send the written notice of subsection (i): the trust's existence, the settlor's identity, your name, address and telephone number, the recipient's right to a copy of the trust instrument on request, each current beneficiary's right to periodic written financial reports at least annually on request, and each trust director's name, address and telephone number.The settlor's personal representative; the spouse (or the spouse's guardian); each child who is sui juris (or the guardian of one who is not); the current beneficiaries20 Pa.C.S. §7780.3(c) ↗
You learn that the settlor of a revocable trust has been adjudicated incapacitatedNo later than 30 days after you learn of the adjudication.Send the subsection (i) notice to the settlor's guardian.The settlor's guardian20 Pa.C.S. §7780.3(b) ↗
You learn that the settlor of an irrevocable trust has been adjudicated incapacitated, or has diedNo later than 30 days after you learn of it — after a death, unless the incapacity notice was already sent.Send the subsection (i) notice to the trust's current beneficiaries. A revocable trust is not irrevocable for this purpose merely because its settlor has been adjudicated incapacitated.The current beneficiaries20 Pa.C.S. §7780.3(d), (e) ↗
You learn that someone who has not received the notice is a current beneficiary of an irrevocable trust whose settlor has died or been adjudicated incapacitatedNo later than 30 days after you learn of it; for a testamentary trust, the time runs from the trust's first funding.Send that current beneficiary the subsection (i) notice.—20 Pa.C.S. §7780.3(f) ↗
The trusteeship changesEach time; the statute states no period.Notify in writing of the change, with the trustee's name, address and telephone number.The settlor; and, where the settlor has died — or the trust is irrevocable and its settlor has been adjudicated incapacitated — the current beneficiaries20 Pa.C.S. §7780.3(g) ↗
You learn that a personal representative has been appointed for the deceased settlor's estateNo later than 30 days after you learn of the appointment.The trustee of a revocable trust sends the personal representative the notice §7780.3(i) describes.The personal representative20 Pa.C.S. §3384.1 ↗
The settlor, or a beneficiary of an irrevocable trust, makes a reasonable request for informationPromptly; no day-count.Respond promptly to a reasonable request for information related to the trust's administration — and to the Department of Human Services' certified request in the cases the statute states.—20 Pa.C.S. §7780.3(a) ↗
A current beneficiary asks for financial reportsAt least annually, on request.Each current beneficiary has the right to receive, at least annually, upon request, periodic written financial reports concerning the trust.—20 Pa.C.S. §7780.3(i)(5) ↗
A current beneficiary nominates someone to receive the notices, and you notify the nomineeThe nominee may decline in writing no later than 60 days after receiving your notice; a settlor's appointee, within 30 days.Notices given to an appointee the trust's terms provide for, or to a current beneficiary's nominee, satisfy the duty to that beneficiary on the conditions the statute states.—20 Pa.C.S. §7780.3(k), (k.1) ↗
The settlor of a revocable trust has died, and the personal representative's first advertisement of letters has not occurredThe duty arises when 90 days pass after the death without it; the advertisement runs once a week for three successive weeks.Advertise the trust's existence and your name and address, in the jurisdiction of the settlor's domicile, in the manner of §3162: a newspaper of general circulation and the legal periodical the court designates. A trustee may also advertise at any time after the death.—20 Pa.C.S. §7755(c) ↗
The first complete advertisement of the grant of letters — or your own advertisement, where no personal representative was appointed13 months after the representative's advertisement; one year after yours. A separate rule governs real property.The section provides that a trustee who gave the required notice and distributes at its own risk does so without liability to a creditor whose claim was not known to the trustee within that period.—20 Pa.C.S. §7755(e), (f) ↗
You give the notice after the settlor's death (§7780.3(c))One year after the notice; on petition the court may limit it to six months after the notice.A person with standing may contest the validity of a revocable trust by petition within that period, on the grounds for contesting a will.—20 Pa.C.S. §7754(b) ↗
A written financial report disclosed a transaction — one of reports sent at least annually, each carrying the conspicuous written statement30 months after the report.The section provides that a beneficiary who does not notify the trustee in writing of a challenge and its basis within that period is barred from challenging the transaction.—20 Pa.C.S. §7785(a) ↗
The first of: the notice of a change of trustee after a removal, resignation or death; the end of the beneficiary's interest; the trust's terminationFive years.The section provides that a beneficiary's claim against a trustee not already barred is barred five years after the first of those events, with the exceptions it states.—20 Pa.C.S. §7785(b) ↗
You send the notice of a nonjudicial account settlement with its account statements60 days for a written objection after the notice was sent.On the trust's termination, the trustee's departure or for an interim period, a trustee may settle its account without the court by sending the notice and statements the section lists; a recipient may object in writing within the period.—20 Pa.C.S. §7785.1 ↗
You propose to transfer the trust's situs without the courtAt least 60 days' notice before the proposed transfer.Notify the qualified beneficiaries with the contents the section lists and obtain all of their written consents.—20 Pa.C.S. §7708 ↗
You give notice of a conversion to a unitrust60 days for a written objection.Unless the instrument expressly prohibits it, a trustee may convert to a unitrust by written notice to the eligible beneficiaries the section describes, where none objects in writing within the period.—20 Pa.C.S. §8105 ↗
You ask a designated trust director in writing to accept60 days after your written request.Unless the terms provide otherwise, a designated trust director who does not accept in writing within the period is deemed to have rejected the appointment.—20 Pa.C.S. §7780.27 ↗
You resign or are removedExpeditiously; no day-count.Until the property is delivered, keep the duties of a trustee and the powers needed to protect the property, and deliver it to the successor or other person entitled to it.—20 Pa.C.S. §7767 ↗
An event terminates the trust, in whole or in partWithin a reasonable time; no day-count.Distribute the property to the persons entitled to it, subject to the right to keep a reasonable reserve for debts, expenses and taxes.—20 Pa.C.S. §7780.7 ↗
The trust's tax year endsApril 15 for a calendar-year trust; the 15th day of the fourth month after a fiscal year ends.File the Pennsylvania fiduciary income tax return where the trust must file.—Pennsylvania Form PA-41 ↗
The decedent dies, or the will is probatedSix months after the death or six months after probate, whichever is later; the court may extend it.A surviving spouse elects by a signed writing filed with the clerk of the orphans' court division; the elective share can reach property the decedent conveyed during life while keeping a power to revoke (§2203), so the trust's file records the death and any election.—20 Pa.C.S. §2210(b) ↗Siksesyon ki gen rapò
Letters are granted to a personal representativeImmediately after the grant; once a week for three successive weeks.The personal representative advertises the grant in a newspaper of general circulation and the legal periodical the court designates, asking claimants to make their claims known; a representative who receives the trustee's notice sends the trustee proof of the advertisement.—20 Pa.C.S. §3162 ↗Siksesyon ki gen rapò
The personal representative receives a claim against the settlorWithin 20 days.The personal representative notifies the trustee of the claim; the estate's own assets answer first.—20 Pa.C.S. §7755(b) ↗Siksesyon ki gen rapò
Letters are granted, or the personal representative changesWithin three months; the certification of notice is filed within ten days after the notice is given.The personal representative notifies the persons the rule lists of the estate administration, and certifies that the notice was given.—Pa. O.C. Rule 10.5 ↗Siksesyon ki gen rapò
The personal representative is appointedBy the earlier of the account's filing or the inheritance-tax return's due date with extensions; on a written request, the later of three months after appointment or 30 days after the request.The personal representative files a verified inventory of the decedent's real and personal estate with the register.—20 Pa.C.S. §3301 ↗Siksesyon ki gen rapò
The decedent diesTax paid within three months after the death.To the extent the inheritance tax is paid within three months after the death, a five percent discount is allowed.—72 P.S. §9142 ↗Siksesyon ki gen rapò
The decedent diesNine months after the death, when the tax becomes delinquent; the Department may extend the return's time by six months.The personal representative files the return (REV-1500 for a resident decedent, with the register of wills); a transferee — including a trustee of property transferred in trust — files for property the representative's return does not include. The tax is due at the death.—72 P.S. §§9136, 9142 ↗Siksesyon ki gen rapò
The trust becomes irrevocableBefore the trust receives income or files under its own number.Obtain the trust's employer identification number; a revocable trust used the settlor's Social Security number, and that stops at death.—IRS Form SS-4 ↗Federal
The decedent diesNine months after death; a six-month extension is available.File the federal estate tax return when the gross estate exceeds the filing threshold, or to elect portability for a surviving spouse.—IRS Form 706 ↗Federal
The trust's tax year endsThe 15th day of the fourth month after year-end (April 15 for a calendar-year trust).File the trust's income tax return and issue a Schedule K-1 to each beneficiary who received distributable income.—IRS Form 1041 ↗Federal

Taking control and listing the assets

Take reasonable steps to take control of and protect the trust property (20 Pa.C.S. §7779): secure real estate and its insurance, change mailing addresses, collect statements, and list each asset with its value at death. Keep the trust's property separate from your own and designated as the trust's where feasible (20 Pa.C.S. §7780). A Pennsylvania trustee has, without court approval, the powers over trust property an unmarried competent owner has over individually owned property, exercised under the fiduciary duties (20 Pa.C.S. §7780.5).

The asset list also shows what passes outside the trust — accounts with a named beneficiary, property owned jointly with survivorship, and anything left in the settlor's own name, which passes through the probate estate. Pennsylvania has no transfer-on-death deed for real estate.

Creditors, the estate, and the trustee's advertisement

After the settlor's death, a revocable trust's property answers for the settlor's creditors as the estate does, the estate's own assets applied first; a creditor's claim goes to the personal representative, who notifies the trustee within 20 days (20 Pa.C.S. §7755). The personal representative advertises the grant of letters once a week for three successive weeks in a newspaper of general circulation and the court's legal periodical (20 Pa.C.S. §3162).

If the personal representative's first advertisement of letters does not occur within 90 days after the settlor's death — for example, because no estate was opened — the trustee of a revocable trust advertises the trust's existence and the trustee's name and address in the same manner, in the county of the settlor's domicile; a trustee may also advertise at any time after the death (20 Pa.C.S. §7755(c)).

Distribution is where timing matters most. A trustee who gave the notice and distributes at its own risk does so without liability to a creditor whose claim was not known to the trustee within 13 months after the first complete advertisement of letters — or, where no personal representative was appointed, within one year after the trustee's own advertisement — with a separate rule for real property (20 Pa.C.S. §7755(e), (f)).

The surviving spouse

A surviving spouse of a married settlor domiciled in Pennsylvania may elect one-third of property that includes property the decedent conveyed during life while keeping a power to revoke — which can reach a revocable trust (20 Pa.C.S. §2203). The election is a signed writing filed with the clerk of the orphans' court division within six months after the death or six months after probate, whichever is later (20 Pa.C.S. §2210). The spouse — or, without one, the children, then the parents, who lived in the household — may also claim the family exemption of $3,500 (20 Pa.C.S. §3121), and a revocable trust's property can answer for it to the extent the statute states (20 Pa.C.S. §7745).

Taxes

Pennsylvania taxes transfers at death by the transferee's relationship to the decedent: zero to a surviving spouse and between a child 21 or younger and a parent, 4.5% to lineal heirs, 12% to siblings and 15% to others (72 P.S. §9116). The personal representative files the return; a transferee — including a trustee of property transferred in trust — files for property the representative's return does not include, within nine months after the death (72 P.S. §9136). The tax is due at the death and delinquent nine months after it, and tax paid within three months after the death earns a five percent discount (72 P.S. §9142). These are calendar months; the plan states them without a computed date.

The trust needs its own taxpayer identification number once it is irrevocable, and files federal and Pennsylvania fiduciary income tax returns for its tax years. A federal estate tax return is due nine months after death where the gross estate exceeds the filing threshold or a surviving spouse's portability election is made.

Reports, distributions and the time limits

Each current beneficiary may ask for written financial reports at least annually (20 Pa.C.S. §7780.3(i)(5)); keeping the ledger current makes every report a printout rather than a project. Where a trustee sends reports at least annually, each with a conspicuous written statement, a beneficiary who does not object in writing to a disclosed transaction within 30 months after the report is barred from challenging it (20 Pa.C.S. §7785(a)).

When the time comes to distribute, the trustee distributes within a reasonable time to the persons entitled, keeping a reasonable reserve for debts, expenses and taxes (20 Pa.C.S. §7780.7). A trustee may settle its account without the court by sending the notice and statements the statute describes; a recipient may object in writing within 60 days (20 Pa.C.S. §7785.1).

When a licensed Pennsylvania attorney is the right next call

TrusteeClear organizes the record and computes the possible dates from the facts you record; it does not decide who is a current beneficiary, whether a claim is barred, or whether an asset is taxable. Many trustees bring the record to a licensed Pennsylvania attorney of their choosing before paying a creditor, distributing before the protections run, responding to a spouse's election, or settling an account — the points where the answer turns on the trust's words and the facts.

Kesyon moun poze souvan

What does a Pennsylvania successor trustee do first after a death?

Find and read the trust, decide whether to serve, take reasonable steps to take control of and protect the trust property (20 Pa.C.S. §7779), and record the date you learned of the death — the 30-day notice of 20 Pa.C.S. §7780.3(c) counts from it.

When is the Pennsylvania trustee notice due after a death?

No later than 30 days after the trustee of a revocable trust learns that the settlor has died (20 Pa.C.S. §7780.3(c)). The clock runs from the trustee's learning of the death, not from the death itself.

Can the settlor's creditors reach the trust in Pennsylvania?

After the settlor's death, a revocable trust's property answers for the settlor's creditors as the estate does, with the estate's own assets applied first; claims go through the personal representative, who notifies the trustee within 20 days (20 Pa.C.S. §7755).

When does a Pennsylvania trustee have to advertise?

If the personal representative's first advertisement of letters does not occur within 90 days after the settlor's death, the trustee of a revocable trust advertises the trust's existence and the trustee's name and address, once a week for three successive weeks (20 Pa.C.S. §§7755(c), 3162).

Does Pennsylvania tax an inheritance from a trust?

Pennsylvania's inheritance tax applies by the transferee's relationship — zero to a spouse, 4.5% to lineal heirs, 12% to siblings, 15% to others (72 P.S. §9116). It is due at the death, delinquent nine months after it, with a five percent discount on tax paid within three months (72 P.S. §9142).

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