By Jeremy A. Wechsler, Esq.
Investment Advisor Representative
[email protected]
“How can I avoid probate?” is probably the most searched question online, at least when it comes to estate planning. Probate has been deemed an evil word, a major inconvenience, something to avoid at all costs, and way too expensive. But what’s the truth, and what exactly is probate?
At its core, probate is the legal process of settling someone’s estate after they die—validating the will (if there is one), appointing an Executor, paying debts and taxes, and distributing assets to beneficiaries. In Pennsylvania, probate is far less scary than its reputation. It’s an administrative process, not a full-blown courtroom drama as it is in other states. You file paperwork with the Register of Wills, and as long as there are no disputes, things move along relatively smoothly.
Another (pleasant) surprise for many people: Probate fees in Pennsylvania are not especially high. There are filing fees and professional fees if you hire help, but it’s not the financial black hole people imagine. And while trusts are often marketed as a way to “avoid probate,” the reality is much more hazy–a trust still incurs taxes and administration costs.
To be clear, you cannot avoid Pennsylvania inheritance tax by using a trust instead of a will. The tax is based on who receives the asset—not how it passes. Whether assets go through probate or a trust, the same inheritance tax rules apply.
You also can’t dodge creditor claims by using a trust. Creditors generally have up to a year to come forward with valid claims against the estate or trust. A trust may streamline administration, but it doesn’t make legitimate debts disappear. This means that if a Trustee is managing the trust properly, distributions would not occur until the debt claim period has passed.
So what actually helps?
First, organization matters more than legal gimmicks. Keep a clear, updated list of accounts, assets, insurance policies, digital assets, and key documents. A well-organized estate is dramatically easier—and cheaper—to settle.
Second, choose the right Executor. This is not just a ceremonial role. Your Executor will deal with paperwork, beneficiaries, tax filings, and potential disputes. Pick someone trustworthy, competent, and level-headed. A bad Executor choice can create more chaos than probate ever would.
Third, you can partially avoid probate by naming beneficiaries properly. Assets like IRAs, 401(k)s, life insurance, and many brokerage and bank accounts can pass directly to named beneficiaries without going through probate. This is often the simplest and cleanest planning move people overlook.
Finally, be mindful of multi-state probate. If you own real estate in another state—especially a state like Florida—you may trigger a second probate proceeding there. That can mean extra cost, delays, and headaches. In those situations, planning techniques like titling, beneficiary designations, or a trust may make more sense.
The bottom line: Probate in Pennsylvania is not the monster it’s made out to be. You can’t avoid taxes or creditors just by using a trust, and you shouldn’t contort your entire estate plan around “avoiding probate” at all costs. The smarter goal is a plan that’s organized, clear, and designed to minimize friction for the people you leave behind.
Have questions? I am always here as a resource for estate-related matters. I have a wonderful network of professionals who can assist as needed with estate planning, probate, and more! Please don’t hesitate to get in touch.