A will is the simplest way to make sure your wishes are carried out and to spare your family confusion and expense. Kevin Burke Law prepares wills, powers of attorney and living wills for people across Northwestern Pennsylvania, and administers estates after a loved one has passed away: probating the will, paying the inheritance tax, and distributing the estate to the people entitled to it.<\/p>\n\n\n\n
A will.<\/strong> Your will names the person who will settle your affairs (the executor) and says who receives your property. In Pennsylvania a will must be in writing and signed at the end by the person making it. Witnesses are not required for the will itself, but a will that is “self-proved,” signed in front of two witnesses and a notary with the proper affidavits, can be admitted to probate without tracking down the witnesses later. We prepare every will that way.<\/p>\n\n\n\n A financial power of attorney.<\/strong> This document names an agent to handle your finances and property. Pennsylvania has strict requirements: it must be dated, signed before a notary, witnessed by two adults who are not the agent or the notary, carry a statutory notice in capital letters that you sign, and include an acknowledgment signed by the agent before the agent can act. A power of attorney signed without these formalities may be refused by a bank. A power of attorney ends at your death; it does not replace a will.<\/p>\n\n\n\n A health care power of attorney and living will.<\/strong> A living will states your wishes about life-sustaining treatment if you are at the end of life or permanently unconscious. A health care power of attorney names someone to make medical decisions when you cannot. Both must be signed by you and witnessed by two adults; no notary is required. Most people sign them together as one advance health care directive.<\/p>\n\n\n\n Beneficiary designations and joint ownership.<\/strong> Life insurance, retirement accounts, and accounts with a named beneficiary pass outside the will, and so does property owned jointly with a right of survivorship. A good plan checks that these line up with the will.<\/p>\n\n\n\n Pennsylvania’s intestacy law decides who inherits, and the result surprises most families:<\/p>\n\n\n\n A stepchild, an unmarried partner, a friend, or a charity receives nothing without a will.<\/p>\n\n\n\n When someone dies, their estate has to be administered, with or without a will. The steps in Pennsylvania are:<\/p>\n\n\n\n Small estates.<\/strong> When the personal property in an estate is worth $50,000 or less, not counting real estate, the estate can be settled by a petition to the court without a full administration.<\/p>\n\n\n\n A straightforward estate usually takes about a year, mostly because of the creditor period and the inheritance tax deadline. Estates with real estate to sell, a business, disputes, or missing heirs take longer.<\/p>\n\n\n\n Pennsylvania has no estate tax, but it does tax most inheritances, and the rate depends on who receives the property:<\/p>\n\n\n\n Property owned jointly by spouses is exempt, and so is life insurance. The tax is due nine months after the death, and the estate receives a 5 percent discount on whatever it pays within three months. The inheritance tax return is prepared and filed by the executor, and we handle it as part of administering the estate.<\/p>\n\n\n\n The federal estate tax applies only to estates over $15,000,000 for deaths in 2026, so it does not affect most families.<\/p>\n\n\n\n A will can be challenged, usually on the grounds that the person lacked the mental capacity to make it, was unduly influenced by someone, or did not sign it properly. Beneficiaries can also challenge an executor who delays, mismanages the estate, or fails to account. We represent executors and beneficiaries on both sides of these disputes in the Orphans’ Court.<\/p>\n\n\n\n When an adult can no longer manage their affairs and has no power of attorney, a family member can petition the Orphans’ Court to be appointed guardian of the person, the estate, or both. A guardianship requires a hearing with medical evidence and ongoing reports to the court. A power of attorney signed while you are still able is far simpler and cheaper, which is why we recommend one to every client.<\/p>\n\n\n\n We serve Crawford, Elk, Erie, Forest, Lawrence, McKean, Mercer, Potter, Venango and Warren counties.<\/p>\n\n\n\n Do I need a will if everything goes to my spouse anyway?<\/strong> What makes a will valid in Pennsylvania?<\/strong> What is the difference between a will and a living will?<\/strong> What does a power of attorney do?<\/strong> How much is Pennsylvania inheritance tax?<\/strong> Does every estate go through probate?<\/strong> How long does it take to settle an estate?<\/strong> Can I leave my spouse or my children out of my will?<\/strong> I got divorced. Is my old will still good?<\/strong> Can a will be contested?<\/strong> What does a will cost?<\/strong> Call 814-807-0972 or use the contact form. The consultation fee is $50. We offer home, hospital and nursing home visits when a client cannot travel.<\/p>\n\n\n\n This page is general information as of 2026, not legal advice about your situation. Tax figures change; the inheritance tax rates shown are those in effect in 2026.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":" A will is the simplest way to make sure your wishes are carried out and to spare your family confusion and expense. Kevin Burke Law prepares wills, powers of attorney and living wills for people across Northwestern Pennsylvania, and administers estates after a loved one has passed away: probating the will, paying the inheritance tax, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"page-with-title","meta":{"_monsterinsights_skip_tracking":false,"footnotes":""},"class_list":["post-167","page","type-page","status-publish","hentry"],"yoast_head":"\nWhat happens if you die without a will<\/h2>\n\n\n\n
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Protections built into Pennsylvania law<\/h2>\n\n\n\n
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Settling an estate<\/h2>\n\n\n\n
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Pennsylvania inheritance tax<\/h2>\n\n\n\n
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Disputes over wills and estates<\/h2>\n\n\n\n
Guardianships<\/h2>\n\n\n\n
How our office helps<\/h2>\n\n\n\n
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Common Questions<\/h2>\n\n\n\n
It does not all go to your spouse. If you have children, your spouse takes the first $30,000 and half of the rest, and your children take the other half, even if they are minors, which can tie up a house and bank accounts. If you have no children but a living parent, the parent takes a share. A will fixes this with one sentence.<\/p>\n\n\n\n
It has to be in writing and signed at the end by the person making it. Witnesses are not required for validity, so a handwritten will can be valid, but a will signed in front of two witnesses and a notary with the self-proving affidavits can be probated without finding the witnesses later, and is much harder to challenge.<\/p>\n\n\n\n
A will controls your property after your death. A living will states your wishes about medical treatment at the end of your life, while you are alive but unable to speak for yourself. Most people need both, along with a power of attorney.<\/p>\n\n\n\n
It lets the person you choose handle your finances, pay bills, deal with banks and sign documents for you if you become unable to. It takes effect when you say it does and ends at your death. Pennsylvania requires a notary, two witnesses, a signed notice and the agent’s signed acknowledgment, so a form downloaded from the internet is often rejected.<\/p>\n\n\n\n
Nothing for a spouse, 4.5 percent for children and grandchildren, 12 percent for brothers and sisters, and 15 percent for others. Life insurance and property owned jointly by spouses are exempt. The tax is due in nine months, with a 5 percent discount for paying within three months.<\/p>\n\n\n\n
No. Life insurance, retirement accounts, accounts with a named beneficiary, and jointly owned property with survivorship rights pass outside probate. An estate with $50,000 or less in personal property can be settled by a simple petition. Pennsylvania probate itself is less burdensome than in many states, which is why most people here do not need a living trust to avoid it.<\/p>\n\n\n\n
About a year for a typical estate. Creditors have time to make claims, the inheritance tax return is due in nine months, and the estate cannot be distributed until the claims and taxes are resolved. Family disagreements, real estate that must be sold, and missing heirs add time.<\/p>\n\n\n\n
You can leave out an adult child, but a spouse who is left out can claim one-third of the estate, and a child born or adopted after the will is signed takes a share unless the will makes clear the omission was intentional.<\/p>\n\n\n\n
Once grounds for the divorce are established, everything in the will in favor of your former spouse is treated as if it were not there, but the rest of the will stands. Remarrying gives your new spouse an intestate share unless the will was made with the marriage in mind. Either event is a reason to sign a new will and new powers of attorney.<\/p>\n\n\n\n
Yes, usually by claiming the person lacked capacity, was unduly influenced, or did not sign properly. Challenges are filed in the Orphans’ Court, and there are strict time limits after probate, so anyone with doubts about a will should act quickly.<\/p>\n\n\n\n
Generally, a will costs $200. We have a notary, so we can draft the will and have it witnessed and notarized all in one place at one time.<\/p>\n\n\n\nCall for a consultation<\/h2>\n\n\n\n