The Truth About Trusts in Pennsylvania

If you've spoken to a financial advisor, attended a free "estate planning seminar," or read anything online about estate planning, you've probably been told you need a trust. In many cases, this is simply not true — and in Pennsylvania specifically, trusts are oversold.

Why Pennsylvania is Different

Most of the trust marketing you encounter originates from states like California, Florida, and New York, where probate is expensive, time-consuming, and public. Pennsylvania's probate process is comparatively straightforward, inexpensive, and efficient — particularly in counties like Bucks County where the Register of Wills office handles matters promptly.

When a Revocable Trust Actually Makes Sense

• You own real estate in multiple states. A trust avoids the need for ancillary probate in each state where you own property. This is probably the single best reason for most people.
• Privacy is genuinely important to you. Wills become public record when probated. Trusts do not. For most people, this is not a meaningful concern.
• You want seamless incapacity management. A well-funded trust with a successor trustee can provide continuous asset management if you become incapacitated — without court involvement. However, a durable power of attorney accomplishes much of the same thing.
• You have a beneficiary with special needs or substance abuse issues. A trust can provide structured distributions. But this is typically a testamentary trust or supplemental needs trust — not the "living trust" being marketed to you.

When a Trust is a Waste of Money

• You own property only in Pennsylvania
• Your estate is straightforward (spouse, children, typical assets)
• You've been told it will "save" on inheritance tax (it won't)
• You've been told your family "won't have to deal with probate" (they'll still need to file the inheritance tax return and deal with creditors)
• A financial advisor is recommending the trust and also happens to sell insurance products or manage investments