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In Lancaster County, Pennsylvania, a will names who should receive property that passes through the estate and who should administer it. It can also nominate a guardian for minor children, although a court makes the final appointment.
A will generally does not change ownership of jointly held property or override beneficiary designations on accounts and insurance. The Lancaster County Register of Wills handles probate filings, while contested estate matters may go before the Orphans’ Court Division of the Court of Common Pleas.
Whether you need a lawyer depends on your family, property, and plans. A straightforward will may be manageable without one, but legal advice can help prevent errors when the estate or family situation is more complex.
You own a farm, business, or real estate in more than one state and need to coordinate ownership, succession, and the will.
You have children from different relationships, want to provide for a spouse and children, or need to nominate a guardian for minor children.
You want to disinherit a relative, make unequal gifts, or reduce the risk of a dispute among beneficiaries.
You have a beneficiary with a disability or other circumstances that make an outright inheritance unsuitable.
Your assets have changed through marriage, divorce, a death, a property sale, or a new beneficiary designation, and your existing documents may no longer fit.
You are named as an executor and need advice about probate filings with the Lancaster County Register of Wills or a disagreement over the will.
The Pennsylvania Probate, Estates and Fiduciaries Code, 20 Pa.C.S., governs wills, estate administration, and intestate succession. Its will provisions include Section 2502, which generally requires a will to be in writing and signed by the person making it; the Code took effect July 1, 1972.
The Inheritance and Estate Tax Act of 1991, 72 P.S. §§ 9101-9196, governs Pennsylvania inheritance tax, which may apply to property transferred after death. It took effect January 1, 1992, and a lawyer can explain how a proposed gift or beneficiary plan may affect the estate.
No, Pennsylvania does not generally require a lawyer to prepare a will. Legal advice may be useful if you have a blended family, substantial or complicated property, or concerns about future disputes.
Generally, a person must be at least 18 and of sound mind to make a will under Pennsylvania law. A lawyer can discuss whether a particular person meets those requirements.
Pennsylvania generally requires a will to be in writing and signed by the person making it, but witnesses are not required for a basic will to be valid. Witnesses and a self-proving affidavit can help establish the will’s authenticity during probate.
The executor or another interested person generally presents the will to the Lancaster County Register of Wills as part of the probate process. The Register can provide filing information, while legal advice may be needed if the will is disputed or administration is complicated.
The timing depends on the estate’s assets, debts, tax filings, and whether anyone contests the will. A simple estate may be administered more quickly than one involving disputes, property sales, or complex tax matters.
Fees vary with the lawyer, the work involved, and whether you need one document or broader estate planning. Ask for the fee structure, what it includes, and whether revisions or follow-up advice cost extra.
Generally, you can change or revoke a will while you have the required legal capacity. A lawyer can prepare a replacement or amendment and explain how to avoid uncertainty about which document controls.
No. Jointly owned property and assets with beneficiary designations may pass outside the will, depending on how they are titled and the governing terms. Review those designations alongside the will so the overall plan is consistent.
Pennsylvania intestacy law determines who inherits property that passes through the estate. The result may differ from your wishes, and the court process still requires someone to administer the estate.
A will made elsewhere may be recognized in Pennsylvania if it satisfies applicable legal requirements. If you have moved to Lancaster County or own property in multiple states, ask a lawyer to review it before relying on it.
An online form may be suitable for a simple situation, but it may not address Pennsylvania signing rules or your particular family and property circumstances. Have a lawyer review the document if its instructions are unclear or your estate is not straightforward.
Lancaster County Register of Wills: Provides information about probate filings and estate records in Lancaster County.
Lancaster County Court of Common Pleas, Orphans’ Court Division: Handles court proceedings involving estate disputes and other matters assigned to the division.
Pennsylvania Department of Revenue: Provides official information and forms concerning Pennsylvania inheritance tax.
List your goals, family circumstances, property, business interests, and any existing will or beneficiary designations. Allow a few days to gather the information.
Identify lawyers who handle Pennsylvania wills and estate planning, and confirm that they serve Lancaster County. Check their licensing status through the Pennsylvania Disciplinary Board’s lawyer search.
Arrange an initial consultation, usually within one or two weeks depending on availability. Ask whether the lawyer regularly prepares wills and handles the issues relevant to your situation.
Compare the proposed fee, scope of work, expected completion time, and charges for revisions. Ask whether the engagement includes signing guidance and secure storage or copies.
Choose a lawyer whose explanation is clear and whose proposed plan reflects your instructions. Provide accurate details about property ownership, prior marriages, children, and named beneficiaries.
Review the draft carefully, request corrections, and follow the lawyer’s signing instructions. Store the signed original securely and tell your executor where it can be found.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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