The main ways to avoid probate in Pennsylvania are joint ownership with survivorship rights, beneficiary designations, payable-on-death and transfer-on-death registrations, and a funded revocable living trust. A will does not avoid probate. In fact, a will is the document that probate is designed to carry out.
Probate is the court-supervised process of proving a will, appointing someone to manage the estate, paying debts, and distributing what is left. This guide explains how to avoid probate in Pennsylvania, step by step, and where each approach falls short. It is part of our Pennsylvania estate planning resources. If a family member has already died, our page on settling an estate through the Register of Wills explains the court process.
Key takeaways
– A will does not avoid probate. Assets in your name alone at death usually go through it.
– Joint ownership, beneficiary designations, POD/TOD accounts, and revocable trusts can move assets outside probate.
– Each tool has trade-offs, especially joint ownership with adult children.
– Smaller estates may qualify for a simpler petition process instead of full administration.
– Avoiding probate does not avoid Pennsylvania inheritance tax.
Does a will avoid probate in Pennsylvania?
No. A will tells the court who should receive your property and who should manage your estate. To make the will effective, the executor (the person named in the will to handle the estate) must file it with the Register of Wills and receive letters testamentary. Letters testamentary are the court document that gives the executor legal authority to act.
That does not make a will unimportant. A will still names your executor, chooses a guardian for minor children, and controls any property that does not pass another way. Most plans that avoid probate still include a will as a backstop.
Probate assets vs non-probate assets
The key question is how each asset is titled or who is named to receive it.
| Asset | Usually goes through probate? | Why |
|---|---|---|
| House in your name alone | Yes | No one else is named on the deed |
| House owned with spouse as tenants by the entirety | No | Passes to the surviving spouse automatically |
| Bank account with a payable-on-death (POD) beneficiary | No | Bank pays the named beneficiary |
| Brokerage account with transfer-on-death (TOD) registration | No | Firm transfers to the named beneficiary |
| Life insurance or retirement account with a living beneficiary | No | Paid under the beneficiary form |
| Life insurance or retirement account naming “my estate” | Yes | The estate is the beneficiary |
| Assets titled in a funded revocable trust | No | Trustee manages and distributes |
| Mineral rights in your name alone | Yes | Titled to you personally |
How to avoid probate in Pennsylvania: four tools
1. Joint ownership with right of survivorship
When two people own property as joint tenants with right of survivorship, the survivor becomes the sole owner at the first death. Married couples in Pennsylvania can own real estate as tenants by the entirety, a form of joint ownership available only to spouses. Tenants in common, by contrast, each own a separate share that does go through probate.
Joint ownership is simple, but it carries risks when used with someone other than a spouse
- The co-owner’s creditors may be able to reach the property.
- You may need the co-owner’s signature to sell or refinance.
- Adding a child can be treated as a gift, with tax consequences.
- Only the co-owner receives the property, which can leave other children out.
2. Beneficiary designations
Life insurance, annuities, IRAs, 401(k)s, and many pension plans pass by beneficiary form, not by your will. Name both a primary and a contingent (backup) beneficiary. Review the forms after marriage, divorce, a birth, or a death. If every named beneficiary has died, or you named your estate, the asset usually goes back into probate.
3. Payable-on-death and transfer-on-death registrations
A POD designation lets a bank account pass directly to a named person. A TOD registration does the same for stocks, bonds, and brokerage accounts. Pennsylvania permits TOD registration of securities under 20 Pa.C.S. Ch. 64.
Pennsylvania has not adopted a transfer-on-death deed for real estate. For real estate, owners usually rely on joint ownership or a revocable trust instead.
4. Revocable living trust
A revocable living trust is a trust you create during life, can change at any time, and usually manage yourself as trustee. At your death, a successor trustee you chose takes over and distributes the assets without opening a probate estate. Trusts are governed by the Uniform Trust Act, 20 Pa.C.S. Ch. 77.
A trust only controls what is titled in its name. A deed, account, or mineral interest must be retitled to the trust, a step called funding. An unfunded trust does not avoid probate. Our page on how living trusts are set up and funded goes into more detail.
A trust can be especially useful for families with real estate in more than one state. Many Washington County owners also own land or mineral rights in West Virginia or Ohio. Property in another state may require a second probate there, called ancillary probate. Holding that property in a trust can often avoid that second proceeding.
Free download: Estate Planning Document Checklist → /estate-planning-checklist/
List every deed, account, and beneficiary form in one place so you can see which assets would still go through probate.
The small estate option
Some estates qualify for a simpler process. Under 20 Pa.C.S. § 3102, the Orphans’ Court may allow distribution by petition, without full administration, when the decedent’s personal property is not more than $50,000. Real estate is not counted toward that limit, but the petition process does not transfer real estate either.
The petition is filed in the county where the decedent lived, such as the Washington County Orphans’ Court at 1 South Main Street, Washington, PA 15301, or the Allegheny County court for residents of Pittsburgh and Allegheny County. Local forms and fees vary by county.
Avoiding probate does not avoid inheritance tax
This is the most common misunderstanding. Pennsylvania inheritance tax, 72 P.S. § 9101 et seq., applies to most property whether it passes through probate or not. Joint accounts with someone other than a spouse, POD accounts, and trust assets are generally all taxable. Life insurance is a notable exception. Our guide to inheritance tax rates and deadlines explains how the tax works.
Is avoiding probate in PA worth it?
It depends on your family and your property. Probate in Pennsylvania involves filing with the Register of Wills, advertising the estate, notifying beneficiaries, and waiting through a creditor period before final distribution. Notice to beneficiaries is generally due within three months under Pa. O.C. Rule 10.5, and creditor claims are addressed under 20 Pa.C.S. § 3532.
Planning to avoid probate in PA tends to help most when
- You own real estate in more than one state.
- You want privacy, since probate filings are public records.
- You have a blended family and want clear control over who receives what.
- You own mineral rights that you want kept together for the next generation.
- You want someone ready to manage your affairs if you become unable to.
For other families, a simple will with up-to-date beneficiary forms may be enough. The right answer comes from looking at every asset you own.
Frequently asked questions
What assets do not go through probate in Pennsylvania?
Assets that pass by title or contract usually skip probate. These include property owned jointly with survivorship rights, accounts with POD or TOD designations, life insurance and retirement accounts with a living named beneficiary, and assets held in a funded revocable trust.
Is a living trust better than a will in Pennsylvania?
Neither is better in every case. A funded living trust can avoid probate and help with out-of-state property, while a will is simpler and less expensive to set up. Many people use both: a trust to hold assets and a short will to catch anything left out.
Can I add my child to my deed to avoid probate?
You can, but it has risks. Your child’s creditors may reach the property, you may need your child’s consent to sell, and the transfer can have gift and capital gains tax effects. It also does not avoid Pennsylvania inheritance tax on your share.
Does Pennsylvania allow transfer-on-death deeds?
As of this writing, Pennsylvania has not adopted a transfer-on-death deed for real estate. Owners who want a house to skip probate typically use joint ownership or a revocable living trust. Check with a lawyer before relying on any form found online.
What is the small estate limit in Pennsylvania?
Under 20 Pa.C.S. § 3102, an estate may qualify for a simpler petition process when the decedent’s personal property is not more than $50,000. Real estate is not counted toward the limit. Confirm the current figure before filing, since increases have been proposed.
Talk with us about your plan
If you want to know which of your assets would go through probate, we can review your deeds, accounts, and beneficiary forms with you. Call (304) 982-1586 or request a consultation. After you call, we will ask a few questions about your family and property, then schedule a meeting and send a short list of documents to bring.
About the author: Heather N. Kostrub is an attorney at Kostrub Law Firm, PLLC, where she focuses on estate planning, wills, trusts, powers of attorney, and family and business succession. Read Heather’s bio.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.