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Only if the marriage was formed on or before January 1, 2005. Under 23 Pa.C.S. § 1103, "No common-law marriage contracted after January 1, 2005, shall be valid," but a common law marriage that was otherwise lawful and contracted on or before that date is not made invalid. A Western Pennsylvania case shows that the old marriages still matter today. In In re Estate of Carter (2017), an appeal from Beaver County, the Pennsylvania Superior Court held that same-sex couples have

Usually, a court case. Without a durable power of attorney, a family generally has to petition the Orphans' Court to have the parent found incapacitated and a guardian appointed under Chapter 55 of Title 20, and 20 Pa.C.S. § 5511 requires a hearing and clear and convincing evidence of incapacity before the court can act. That process changed in 2024. Act 61 of 2023, signed December 14, 2023, and effective June 11, 2024, requires the court to appoint a lawyer for the parent

You apply to the Westmoreland County Register of Wills, which probates the will and grants letters to the executor it names. The office is at 2 N. Main Street, Suite 301, on the third floor of the Courthouse Annex in Greensburg, open Monday through Friday from 8:30 a.m. to 4:00 p.m., and its phone number for estate matters is (724) 830-3177. Under 20 Pa.C.S. § 3132, the will must be proved by two competent witnesses unless it was made self-proved under § 3132.1. Westmorelan

The personal representative files form REV-1500, the Inheritance Tax Return for a resident decedent, in duplicate with the Register of Wills of the county where the decedent lived, within nine months after death. The Pennsylvania Department of Revenue's general information sheet, REV-720, sets the rates at 0 percent for a surviving spouse, 4.5 percent for lineal heirs, 12 percent for siblings and 15 percent for other heirs, and allows a 5 percent discount on tax paid within t

Start by assuming Pennsylvania's default rules will not match what you want. If you die without a will and have a child who is not your spouse's child, 20 Pa.C.S. § 2102(4) gives your surviving spouse one-half of the intestate estate, and the intestacy statute, § 2103, does not list stepchildren as heirs at all. A will, current beneficiary designations and often a trust are how blended families replace those defaults with their own plan. The tax rules treat stepchildren bet

It can make a claim against it. Pennsylvania's Estate Recovery Program seeks repayment of Medical Assistance paid for nursing facility care, home and community-based services and related hospital and prescription drug services for people who were 55 or older when they received that care. Under 55 Pa. Code § 258.1, and 62 P.S. § 1412(a) directs the Department of Human Services to recover from the probate estate, which includes a home held in the person's name alone. The exec

Yes, it can happen. Pennsylvania's filial support statute, 23 Pa.C.S. § 4603, makes the spouse, child and parent of an indigent person responsible for that person's care, and in Health Care & Retirement Corporation of America v. Pittas (2012), the Pennsylvania Superior Court held a son liable for roughly $93,000 of his mother's unpaid nursing home bill. The law is still in force in September 2026, even though lawmakers have tried to change it twice in two sessions. House Bi

No. Under 20 Pa.C.S. § 2502, a Pennsylvania will must be in writing and signed by the person making it at the end, and when you sign your own name the statute requires neither a notary nor witnesses for the will to be valid. The notary matters later, at probate. Section 3132 of the same title says all wills shall be proved by the oaths or affirmations of two competent witnesses, so an unwitnessed will leaves the family searching for two people who can swear to the signature

Not in the way many states have one. Pennsylvania handles small estates with two separate tools: 20 Pa.C.S. § 3101 lets banks, employers and insurers pay limited amounts directly to close family members, and 20 Pa.C.S. § 3102 lets the Orphans' Court approve distribution of an estate worth $50,000 or less, not counting real estate, on a petition. The bank limit just doubled. Act 50 of 2025 raised the amount a bank or credit union may pay to family under § 3101(b) from $10,00

Pennsylvania does not set a fixed executor fee. The law, 20 Pa.C.S. § 3537, says the court shall allow the personal representative compensation that is "reasonable and just" and may calculate it on a graduated percentage, and the Pennsylvania Superior Court held in In re Estate of Preston (1989) that a fiduciary's pay should be based on the actual services rendered, not an arbitrary formula. What most families miss is the tax trade. IRS Publication 559 says all personal rep

No. As of September 2026, Pennsylvania has no law that lets a homeowner record a transfer on death deed for real estate. House Bill 2124, which would adopt the Uniform Real Property Transfer on Death Act, was introduced on January 9, 2026, and according to the bill trackers LegiScan and BillTrack50, it has not passed the House or the Senate. The bill has moved further than many people realize. LegiScan's action history shows the House Judiciary Committee reported HB 2124 on

Key Takeaway A postnuptial agreement is a legal contract signed after marriage that outlines how assets and debts will be divided if the marriage ends. Pennsylvania courts will enforce a postnuptial agreement only if it meets specific legal requirements, including full financial disclosure and voluntary consent. A postnuptial agreement can protect both spouses and actually strengthen a marriage by creating financial clarity and reducing uncertainty. Working with an experience

Key Takeaway Pennsylvania courts can remove an executor who mismanages estate assets, fails to fulfill duties, or acts against the interests of beneficiaries. Beneficiaries and other interested parties have the legal right to petition the Orphans' Court Division to remove an executor from an estate in Pennsylvania. Removal is not automatic and requires presenting credible evidence of misconduct, incapacity, or serious neglect to the court. Working with a probate attorney can

Key Takeaway A small estate affidavit in Pennsylvania allows eligible heirs to collect a decedent's assets without going through full probate court proceedings. Pennsylvania sets a specific asset threshold that determines whether an estate qualifies for this simplified process. Westmoreland County's Orphans' Court follows local procedural rules that can affect how estate filings are handled and resolved. Working with an experienced local attorney helps families avoid costly m

Key Takeaway Contesting a will in Pennsylvania requires a legal basis such as lack of testamentary capacity, undue influence, fraud, or improper execution. Pennsylvania's strict time limits for filing a will contest mean that waiting too long can permanently eliminate your right to challenge. Westmoreland County Orphans' Court follows its own local procedures, making it important to work with an attorney familiar with county-specific rules. Not everyone has the legal standing

Key Takeaway Beneficiary designations on financial accounts and insurance policies override what your will says, regardless of your written wishes. Outdated beneficiary forms are one of the most common and costly estate planning mistakes families make. Pennsylvania law does not automatically update beneficiary designations after major life events like divorce or remarriage. A coordinated estate plan ensures your beneficiary designations and your will work together, not agains

Key Takeaway A special needs trust allows a person with disabilities to receive inherited assets without losing eligibility for government benefit programs like Medicaid or SSI. Pennsylvania law recognizes specific trust structures designed to supplement, not replace, public benefits a beneficiary already receives. Westmoreland County families should work with an experienced estate planning attorney to draft a trust that meets both state and federal requirements. Without prop

Key Takeaway A living will directs your medical care while you are alive but incapacitated, while a regular will distributes your assets after you die. In Pennsylvania, both documents serve critical but completely separate legal purposes and should work together as part of a complete estate plan. Without a living will, your family may be forced to make painful medical decisions without any guidance from you during a crisis. An experienced estate planning attorney in Greensbur

Key Takeaway A healthcare directive in Pennsylvania lets you document your medical wishes before a crisis forces others to decide for you. Without one, your family may face painful disagreements and legal complications during an already difficult time. Pennsylvania law recognizes several types of advance directives, including a living will and a healthcare power of attorney. An experienced estate planning attorney can help you create documents that are legally sound and refle

Key Takeaway When a parent in Pennsylvania stops paying child support, the court has powerful enforcement tools available, including wage garnishment, license suspension, and even incarceration. Unpaid child support does not simply disappear; arrears accumulate with interest and can follow a non-paying parent for years. Pennsylvania families do not have to wait and hope; a family law attorney can move quickly to enforce a support order through the courts. Acting promptly when