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Only assets owned solely by the decedent at the time of death are subject to probate. Jointly owned assets, assets with designated beneficiaries like life insurance or retirement accounts, and assets held in a trust typically avoid the probate process.
A will or a living trust are two valuable tools used for estate planning. A will is important to avoid having your estate distributed in ance with Pennsylvania's laws. A living trust can essentially operate as a vault to hold several types of assets that you transfer into it.
Living Trusts The grantor of the trust can act as both trustee and beneficiary, allowing for more control over the estate. In the event of death, assets held in a living trust can bypass probate. The beneficiary takes over the trust and does not need oversight by the court.
If you still wish to keep control of it through a single trustee, you may set up an irrevocable trust that will pass it tax-free. That type of trust should be distinguished from a revocable trust, which is still subject to inheritance tax.
To make a living trust in Pennsylvania, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trust's beneficiaries?that is, who will get the trust property. Create the trust document.