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Start the free role checkPennsylvania will vs. revocable living Trust, at a glance
| What matters | Pennsylvania will | Revocable living Trust |
|---|---|---|
| When it takes effect | Only at death | During life and at death |
| Pennsylvania probate | Generally required to take effect | Generally avoided for assets the Trust owns |
| Privacy | Becomes a public court record | Stays private |
| If you become incapacitated | Doesn't help — a will operates only at death | A successor Trustee can manage assets for you |
| Protection from your creditors | No | No — a revocable Trust is not asset protection |
Many Pennsylvania plans use both
A revocable living Trust often holds the major assets to avoid probate and plan for incapacity, while a “pour-over” will catches anything left out and names guardians for minor children. Used together, they cover gaps neither closes alone.
Which is right for you in Pennsylvania?
There is no single right answer — it depends on your assets, your family, whether incapacity planning matters to you, and your goals. This page is general information, not legal advice. A free role check can show you where you stand, and a Pennsylvania attorney can recommend what fits your situation.
General information about Pennsylvania law, not legal advice.
Frequently asked questions
- Is a will or a living trust better in Pennsylvania?
- Neither is better for everyone. A will is probated by the county's register of wills after death (20 Pa.C.S. §3155); a funded revocable trust passes the property it holds without probate, and its trustee sends a written notice within 30 days of learning of the death (§7780.3(c)).
- Does a living trust avoid probate in Pennsylvania?
- For the property it holds, yes. Property left in your own name still goes through probate unless it passes by beneficiary designation or joint ownership with survivorship; Pennsylvania has no transfer-on-death deed for real estate.
- Does a revocable trust protect assets from a spouse's elective share in Pennsylvania?
- No. The elective share reaches property the decedent conveyed during life while keeping a power to revoke (20 Pa.C.S. §2203), so a revocable trust does not by itself put property beyond it.
General information about Pennsylvania law, not legal advice.