The Short Answer

In Pennsylvania, a will is the document that directs who receives your probate assets at death, but it generally requires a probate filing and becomes part of the public record. A trust (most commonly a revocable living trust) can hold and distribute assets under a written trust instrument and may reduce the amount of property that must pass through probate, which can improve privacy and continuity of management.

What Pennsylvania Law Says

Pennsylvania recognizes trusts created during life and trusts created at death, and it also allows a will to “pour over” assets into an existing trust. In practical terms, that means a trust can be the main vehicle for holding and distributing property, while a will can still serve as a backstop to capture assets that were not transferred into the trust during life.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 2515.

This statute establishes that a will may validly leave (devise/bequeath) property to the trustee of a written trust (including an unfunded trust), and the gift is administered under the trust’s terms (including later amendments), subject to limits such as revocation of the trust before death.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Even when a trust is used, a will may still need to be probated in the proper county, and probate filings are handled through the Register of Wills based on where the decedent lived and where property is located. See, for example, the venue rule in 20 Pa.C.S. § 3131.
• Burden of Proof: Disputes often turn on whether assets were actually titled into the trust, whether beneficiary designations control, and whether the trust and will were properly executed and consistent with each other.
• Exceptions: A “pour-over” gift can fail if the trust was entirely revoked before death (unless the will says otherwise), and trust amendments, creditor issues, and family disputes can change what happens in real life.

Trying to handle this alone can lead to avoidable probate, unintended distributions, tax problems, or a plan that looks valid on paper but doesn’t work with your actual asset titles and beneficiary designations.

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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.