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Wills
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Revocable Trusts
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Who may make?
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Anyone 18 or more years of age who is "of sound mind."
(§2501)
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Same as for will. (§7751)
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Formalities
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Written and signed at the end. (§2502)
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Written and signed. (§§7731 and 7732)
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Execution in another jurisdiction
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Valid if valid under law were testator was domiciled, or in
which testator died. (§2504.1)
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Valid if valid under law where executed or under law where (1)
settlor was domiciliary, resident, or national, (2) a trustee was
a domiciled or had a place of business, or (3) any trust property
was located. (§7733)
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Filing
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Filed for probate with Register of Wills after death and upon
testimony of two witnesses (§3132) if not self-proved
(§3132.1).
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Not probated; filed with Orphans' Court if there is a contest
or accounting.
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Notices
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After probate, notice to spouse, children, and beneficiaries.
(Pa.O.C. Rule 5.6)
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After death, notice to personal representative, spouse,
children, and each current beneficiary. (§7780.3(c))
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Grounds for contest
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Forgery, mistake, lack of capacity, fraud, and undue
influence. (Case law)
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Same as for contesting a will. (§7754(c))
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Time for contest
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One year from probate. (§908)
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One year after notice under §7708.3(c). (§7754(b))
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How to contest
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Before probate, by caveat filed with Register; after
probate, by appeal to Orphans' Court. (§908)
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By petition in the Orphans' Court. (§7754(a)
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Rules of construction
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Case law and statute (§2514).
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Same as for testamentary trusts. (§7710.2)
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Claims of decedent's creditors
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Property of estate is subject to claims of decedent's
creditors.
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Creditors have same rights as against estate, except that
estate shall be applied first to claims. (§7755(a))
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How claims are made
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By notice to personal representative (i.e., executor or
administrator). (§3384)
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By notice to personal representative (who is required to give
notice to trustee within 20 days) or, if none is appointed, to
trustee in manner provided by §3384. (§7755(b))
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Time for claims
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A personal representative may make distributions one year
after first advertisement of grant of letters. (§3532)
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Same as for
personal representative or, if none appointed within 90 days
after death, trustee may advertise to begin one year period for
claims. (§7755(c))
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