The Short Answer

In Pennsylvania, a revocable living trust is a trust you create during your lifetime that you can usually change or cancel, and it can help keep certain assets out of the probate estate if those assets are actually titled in (or payable to) the trust. A simple will generally still requires probate to transfer assets that are in your individual name at death, while properly trust-owned assets can often be administered by the successor trustee outside the court-supervised probate process.

What Pennsylvania Law Says

A key difference between a will and a revocable living trust is when the legal “container” exists. A will is primarily a set of instructions that becomes effective at death and typically requires probate administration to move assets out of the decedent’s sole name. A revocable living trust exists during life; after death, the successor trustee can generally manage and distribute trust-owned assets under the trust terms—often without opening a full probate estate for those particular assets.

The Statute

The primary law governing revocable trusts in Pennsylvania is 20 Pa.C.S. § 7752.

This statute establishes that a trust is revocable unless it expressly says it is irrevocable, and it sets rules for how a settlor may revoke or amend a revocable trust.

It also matters that Pennsylvania law specifically contemplates wills “pouring over” assets into a trust at death, including an unfunded trust—meaning a will can direct assets into a trust, but that does not necessarily avoid probate for assets that must pass through the estate first. See 20 Pa.C.S. § 2515.

Why You Should Speak with an Attorney

While the general concept is straightforward (trust-owned assets may avoid probate; will-only plans often do not), applying it correctly is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Pennsylvania estate and trust administration can involve formal notices and timing rules that affect creditor claims and liability. For example, after a settlor’s death, creditor-claim timelines and advertising requirements can come into play for revocable trusts. See 20 Pa.C.S. § 7755.
• Burden of Proof: Whether an asset is truly “in the trust” can turn on deeds, account registrations, beneficiary designations, and whether the transfer was completed correctly—issues that can trigger disputes among beneficiaries.
• Exceptions: A trust does not automatically eliminate all court involvement. Disputes, unclear terms, creditor issues, and assets left outside the trust can still require probate (or Orphans’ Court proceedings) and can undermine the goal of avoiding delays and expense.

Trying to handle trust planning or post-death administration without counsel can lead to assets unintentionally staying in the probate estate, tax and creditor complications, or family conflict that becomes expensive to resolve.

If you want more background reading, you may find these helpful: trust vs. will benefits in Pennsylvania and whether probate is required even if there’s a will in Pennsylvania.

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.