Estate Planning & Administration Attorneys

Most people put off estate planning because it feels morbid, complicated, or like something only the wealthy need. In Pennsylvania, the opposite is true: the families hurt most by not planning are ordinary ones, because the state’s default rules — who inherits, who pays tax, who makes decisions if you can’t — rarely match what people actually want. This guide explains how Pennsylvania estate law works and what a sound plan looks like for families in Monroe County and the Poconos. If your main concern is protecting a home and savings from the cost of long-term care, see our companion page on elder law & Medicaid planning.

The four documents every Pennsylvania adult should have

• A will — directs who receives your probate assets and names the executor and any guardians for minor children.
• A financial power of attorney — lets someone you trust manage money and property if you become incapacitated.
• An advance health care directive (living will + health care power of attorney) — states your medical wishes and names a decision-maker.
• A trust, when it fits — useful for out-of-state property, privacy, blended families, or protecting assets, but not necessary for everyone.

Wills: what makes one valid in Pennsylvania

Under 20 Pa.C.S. § 2502, a Pennsylvania will is valid when it is in writing and signed by you at the end — technically, no witnesses are required for the will itself to be legal. But that is a trap for the unwary: without a self-proving affidavit, someone familiar with your handwriting may have to appear before the Register of Wills to prove the signature is genuinely yours after your death. To avoid that, wills are made “self-proving” under § 3132.1 with two witnesses and a notary. So the honest answer to “does PA require two witnesses?” is: not for validity, but yes for a will that probates smoothly.

Pennsylvania law also updates your will automatically on major life events (§ 2507): if you marry after signing, your new spouse is entitled to a share unless the will says otherwise; if you divorce, gifts to your former spouse are voided; and a child born or adopted after the will is protected. These are exactly the moments to have your plan reviewed.

What happens if you die without a will

If you die “intestate” (without a will), Pennsylvania’s succession statute decides everything — and the biggest misconception is that a surviving spouse simply inherits it all. Under 20 Pa.C.S. § 2102, the spouse’s share depends on who else survives you:

For blended families especially, intestacy can divert half an estate away from a spouse to children — or trigger conflict no one intended. A will, properly drafted, prevents it.

Pennsylvania inheritance tax — the cost people overlook

Pennsylvania is one of the few states with an inheritance tax, and it is the single biggest reason to plan. Unlike an estate tax, it is charged on the person receiving the property, so the rate depends on their relationship to you (72 P.S. § 9116):

The return and payment are due nine months after death, and the estate earns a 5% discount by prepaying the estimated tax within three months. Transfers to charity are exempt, and a $3,500 family exemption is available. Pennsylvania has no separate estate tax, and the federal estate tax only affects estates above roughly $15 million. Planning around the inheritance tax — through gifting, beneficiary structuring, and in some cases irrevocable trusts — is where real value is created.

Powers of attorney & health directives: staying out of guardianship court

If you become incapacitated without these documents, your family’s only option is to petition the Orphans’ Court to be appointed guardian — an invasive, public, and expensive process with hearings, physician testimony, and ongoing court reporting. Almost all of it is avoidable. A durable financial power of attorney (20 Pa.C.S. § 5601) and an advance health care directive (§ 5452) let people you choose step in immediately, privately, and at a fraction of the cost. Pennsylvania’s POA rules are strict — two witnesses plus a notary, mandatory notice and acknowledgment language — so these are documents to have prepared correctly, not pulled from a website.

Probate & estate administration in Monroe County

When someone dies, their estate is opened through the Monroe County Register of Wills in Stroudsburg (part of the 43rd Judicial District). The executor files a petition for grant of letters, advertises the estate to notify creditors (who then have one year to make claims), files an inventory, pays the inheritance tax, and ultimately accounts for and distributes the estate. A typical uncontested Pennsylvania estate takes 9 to 18 months. Serving as an executor carries real personal responsibility — and personal liability for getting it wrong — which is why most executors work with counsel.

Why work with our firm

For over forty years, the attorneys of Cramer, Swetz, McManus, Jordan & Saylor have helped Northeastern Pennsylvania families plan their estates and guided executors through probate in Monroe County. Estate planning is not a form — it is a set of decisions about your family, made with someone who knows both the law and the local court. We draft plans that hold up, and we are here when your family needs to use them.

Frequently asked questions