When someone passes away in Pennsylvania, their estate often goes through a legal process known as probate. For many families, probate can be time-consuming, public, and emotionally stressful. If you’re planning your estate—or helping a loved one through the process—you might be wondering whether probate is necessary and how it can be avoided.
Let’s take a closer look at how probate works in Pennsylvania—and the steps you can take to avoid it.
Understanding Probate in Pennsylvania
Probate is the legal process used to settle a deceased person’s estate. It involves verifying the validity of the will (if there is one), identifying and valuing assets, paying off debts and taxes, and distributing what’s left to the rightful heirs or beneficiaries.
The process is handled through the Orphans’ Court in the county where the person lived—so for Wyomissing residents, that typically means the Berks County Orphans’ Court. Probate can last several months or longer, depending on the size and complexity of the estate.
What Goes Through Probate?
Generally, probate covers:
- Assets solely in the deceased person’s name
- Property without a named beneficiary
- Items not held in trust or joint ownership
However, not everything passes through probate. Some assets—like jointly owned property or accounts with designated beneficiaries—can bypass the process altogether.
Why Avoid Probate?
Probate is a standard legal procedure, but there are several reasons people try to avoid it:
- Time: Probate can drag on for months, delaying access to essential assets.
- Cost: Court fees, legal fees, and administrative costs can add up quickly.
- Privacy: Probate is a public process. Anyone can view the will and related filings.
- Complexity: Paperwork, deadlines, and legal rules can make the process overwhelming for grieving families.
By planning, you can help your loved ones avoid many of these challenges.
How to Avoid Probate in Pennsylvania
The good news is that Pennsylvania law offers several legal tools that can help you keep all—or most—of your estate out of probate. Here are the most effective options:
1. Create a Revocable Living Trust
A revocable living trust is one of the most powerful ways to avoid probate. You transfer ownership of your assets into the trust during your lifetime and name someone to manage them after your death.
- You retain complete control of your assets while you’re alive.
- Upon your death, the assets in the trust pass directly to your beneficiaries without going through probate.
A Wyomissing estate planning attorney can help you set up and fund a trust to ensure your intentions are carried out smoothly.
2. Add Joint Owners with Right of Survivorship
For assets like real estate or bank accounts, joint ownership allows the property to transfer automatically to the surviving owner.
- This avoids probate entirely for that asset.
- Married couples commonly use it, but it can apply to other relationships too.
Just be cautious—adding someone as a co-owner gives them legal rights during your lifetime as well.
3. Use Beneficiary Designations
Many assets allow you to name a beneficiary and receive them upon your death. These include:
- Life insurance policies
- Retirement accounts (like IRAs and 401(k)s)
- Bank or investment accounts with “payable on death” (POD) or “transfer on death” (TOD) designations
These designations override your will, so it’s essential to keep them up to date.
4. Take Advantage of the Small Estate Rule
Pennsylvania allows a simplified process for estates with minimal assets—generally under $50,000, excluding real estate.
- This process still involves the court but is faster and less expensive.
- It’s a good option for families managing modest estates.
Planning With Our Wyomissing Estate Planning Attorneys
Avoiding probate isn’t about hiding from the law—it’s about making things easier for the people you care about. With a well-structured estate plan, you can:
- Ensure your assets are transferred smoothly
- Reduce stress and legal hurdles for your loved ones
- Maintain privacy and control over your legacy
At Kozloff Stoudt, we work with individuals and families in Wyomissing and throughout Berks County to develop estate plans that align with their wishes and minimize complications down the Contact us today to schedule a consultation with one of our estate planning attorneys.