If you passed away today without a will in Pennsylvania, do you know where your assets would go? Most folks assume everything just goes to their spouse or kids, but it's not that straightforward. A new law, Act 50 of 2025, changes the game starting January 23, 2026.
What Actually Happens When You Die Without a Will
Before this year, if you died in Pennsylvania without a will, the state decided who got your assets based on intestacy laws. These are basically rules for who inherits when there's no will. Generally, your spouse and kids got first dibs, then it moved down the family tree if you had no spouse or kids. But as of January 2026, Act 50 of 2025 changes that path.
Instead of the state taking over as the "heir of last resort" when no family is left, the new law directs your estate to local community foundations. This shift aims to keep wealth within communities and support local causes. Many families may not realize their estate could end up funding community projects instead of going to distant relatives.
Real-World Scenario: From Home to Foundation
Let's paint a picture. If you own a $400,000 home in Pittsburgh and, unfortunately, you haven't drafted a will. If you pass away, before Act 50, your property might have gone to distant cousins if no immediate family claimed it. But now, it could end up supporting a local library or community park.
While that might be appealing to some, what if you had a friend or specific charity you wanted your assets to support instead? Without a will, the choice isn't yours, but Pennsylvania's new system.
Costs of Probate in Pennsylvania
Probate is the legal process that occurs after someone dies to distribute their estate. If you don't have a will, this process can become more complicated and costly. To give you an idea, probate costs could range from 3% to 7% of your estate's total value. For that Pittsburgh home, probate could cost anywhere from $12,000 to $28,000.
In Pennsylvania, probate involves filing the estate with the Register of Wills in the county where the deceased lived. The court then appoints an executor to handle the estate—paying debts and distributing the remaining assets according to law. If no family is available, the estate finds its way to the local community under the new rule.
DIY vs. Online Platforms vs. Attorneys
Creating a will doesn't have to be complicated. You have several options: doing it yourself, using online platforms, or hiring an attorney. A DIY will might seem cheap, but if it's not executed correctly, you could end up with bigger problems, like a contested will or higher probate fees.
Online platforms like Inhira provide a middle ground by guiding you through the process at a more affordable rate, with their Foundation plan being free and the Legacy plan costs far less than hiring an attorney (see current pricing at inhira.com/pricing). On the other hand, an attorney could charge between $800 to $1,500 to draft a basic will. Choosing the right method depends on your situation. If your estate is complex, an attorney might be worth the investment.
Moving to or from Pennsylvania
If you move out of Pennsylvania, check how your new state's laws differ. Some states may not recognize a community foundation as a beneficiary in the same way. If you move into Pennsylvania, update your will to align with Act 50 to avoid future surprises.
Common Questions
Q: What happens if I have minor children and no will? A: The courts will decide who becomes the guardian of your children, which might not reflect your wishes.
Q: Can I change my will if Pennsylvania laws change again? A: Yes, you can update your will anytime to reflect your current wishes and comply with new laws.
Q: How do community foundations use the estate funds they inherit? A: Community foundations typically use the funds to support local public services, projects, and charities.
Q: Is it expensive to update my will? A: Not necessarily. Online platforms can offer affordable updates, while attorneys may charge hourly fees.
Q: What about my digital assets? A: Be sure to include digital assets like social media and online accounts in your estate plan.
Taking the Next Step
Understanding your state's intestacy laws can be key to ensuring your estate reflects your wishes. While Act 50 aims to support communities, it may not align with your personal wishes. By having a will, you take control and keep the decision in your hands.
Thinking ahead saves you money and protects your loved ones from costly legal battles. Inhira is building a platform that includes all of these documents in one guided workflow. It's your choice, but knowing your options makes a big difference.
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