Upper Darby Revocable Living Trust Agreement
Pennsylvania Has a State Inheritance Tax (Up to 15%) — Avoid Probate & Plan Your Estate
Upper Darby Revocable Living Trust Services
⚖️ Important: We Are Not Attorneys
Noble Notary & Legal Document Preparers provides legal document preparation services in Pennsylvania. We are NOT attorneys and do not provide legal advice. We prepare documents based on information you provide. For complex estates, inheritance tax planning, or legal advice, please consult a licensed Pennsylvania attorney.
A Revocable Living Trust in Upper Darby, Pennsylvania is one of the most essential estate planning tools for Pennsylvania residents — because Pennsylvania is one of only 6 states that impose a state inheritance tax, with rates up to 15% depending on the beneficiary’s relationship. A Revocable Living Trust helps you avoid Orphans’ Court probate, maintain privacy, and build a framework for inheritance tax planning.
Upper Darby is Delaware County’s largest township and one of Pennsylvania’s most populated communities — with excellent SEPTA access to Philadelphia and diverse neighborhoods. Families building home equity ($250K–$450K+), professionals commuting to Philadelphia, and longtime homeowners benefit from trust-based estate planning.
Our professional document preparation services help Upper Darby residents create comprehensive, legally valid Revocable Living Trusts without the $2,500–$5,000+ attorney fees typical of Delaware County estate planning attorneys.
🚨 CRITICAL: Pennsylvania’s Inheritance Tax — One of Only 6 States With This Tax
Pennsylvania imposes an inheritance tax based on the relationship between the deceased and the beneficiary — not the size of the estate. This means every dollar transferred to non-spouse beneficiaries is taxed:
| Beneficiary Relationship | PA Inheritance Tax Rate | Example: $500K Inheritance |
|---|---|---|
| Surviving Spouse | 0% ✅ | $0 tax |
| Children & Lineal Descendants | 4.5% | $22,500 tax |
| Siblings | 12% | $60,000 tax |
| All Others (nieces, nephews, friends, unmarried partners) | 15% | $75,000 tax |
Important: A Revocable Living Trust does NOT eliminate Pennsylvania’s inheritance tax — trust assets are still subject to the tax. However, a trust provides the framework for inheritance tax planning strategies (including life insurance trusts, charitable trusts, and gifting strategies) and eliminates the cost and delay of Orphans’ Court probate. For specific tax minimization strategies, we recommend consulting a licensed Pennsylvania estate planning attorney.
🏛️ Pennsylvania’s Unique Probate System — Orphans’ Court
Pennsylvania uses a unique probate system called Orphans’ Court — a specialized division of the Court of Common Pleas. Key facts:
• Probate begins with the Delaware County Register of Wills
• Orphans’ Court supervises contested estates and complex matters
• Probate typically takes 6–18 months in Pennsylvania
• Pennsylvania requires a 1-year waiting period before final estate distribution
• Attorney fees + executor fees can total 5–7% of the estate
• A Revocable Living Trust bypasses Orphans’ Court entirely — no probate, no Register of Wills filing, no public record
• For Upper Darby residents, probate (if needed) would be handled by the Delaware County Orphans’ Court Division
📋 Pennsylvania Uniform Trust Act (20 Pa.C.S. Chapter 77) — Your Legal Framework
Pennsylvania trusts are governed by the Uniform Trust Act (20 Pa.C.S. Chapter 77) enacted in 2006. Key provisions:
• Revocable trusts can be created by any competent adult (age 18+)
• No court approval required to create, amend, or revoke
• Pennsylvania is NOT a community property state — equitable distribution applies
• Elective share for surviving spouse — 1/3 of augmented estate
• Small estate affidavit available for estates under $50,000
• Trust certification (20 Pa.C.S. § 7783) — Certificate of Trust for third-party reliance
• Directed trusts and trust protector provisions available
✅ Pennsylvania’s Low Income Tax — 3.07% Flat Rate
While Pennsylvania has an inheritance tax, it offers one of the lowest flat income tax rates in America at just 3.07%. Pennsylvania also has NO state estate tax (the estate tax was repealed). This means your planning priority should focus on inheritance tax planning and probate avoidance — exactly what a Revocable Living Trust helps accomplish.
📍 Upper Darby Areas We Serve
We provide Revocable Living Trust services throughout Upper Darby and Delaware County, including:
Plus all surrounding Delaware County communities including Haverford, Lansdowne, Springfield, and Ridley Park.
Why Choose a Revocable Living Trust in Pennsylvania?
✅ Avoid Orphans’ Court Probate
Assets in a living trust bypass Pennsylvania’s Orphans’ Court and Register of Wills entirely. No court supervision, no 6–18 month delays, no public record.
✅ Inheritance Tax Planning Framework
While a trust alone doesn’t eliminate PA’s inheritance tax, it provides the framework for advanced tax planning strategies and ensures efficient administration.
✅ Maintain Complete Privacy
Wills become public record through the Register of Wills. Trusts remain private — no one knows what you own or who inherits except your chosen trustees.
✅ Incapacity Protection
If you become incapacitated, your successor trustee manages the trust without court-appointed guardianship — avoiding the Orphans’ Court process entirely.
✅ Eliminate the 1-Year Wait
Pennsylvania probate requires a 1-year waiting period. With a trust, beneficiaries can receive distributions immediately without waiting a full year.
✅ Multi-State Property Management
Own property in multiple states? A Pennsylvania living trust can hold property nationwide, avoiding ancillary probate in each state — saving thousands in legal fees.
📋 Complete Your Pennsylvania Estate Plan
- Pennsylvania Last Will and Testament – Essential backup for unfunded trust assets
- Pennsylvania Power of Attorney – Designate someone to handle financial matters
- Pennsylvania Quitclaim Deed – Transfer real estate into your trust
Also serving nearby PA cities: Philadelphia · Pittsburgh · Allentown · Reading · Erie · Lower Merion · Bensalem · Lancaster
What Our Clients Say
Pennsylvania Revocable Living Trust Service Options
Avoid Orphans’ Court probate and plan for Pennsylvania’s inheritance tax
Trust Forms Download
- Pennsylvania Revocable Living Trust template
- Editable Word & PDF formats
- Detailed instructions included
- PA Uniform Trust Act compliant
- Instant download
- Certificate of Trust included
- You arrange notary (if needed)
Professional Trust Preparation
- Custom Pennsylvania trust prepared for you
- Personal consultation (phone or video)
- Full 20 Pa.C.S. Chapter 77 compliance
- Trustees, beneficiaries, assets specified
- Certificate of Trust included
- Trust funding guidance provided
- Revisions included if needed
- You arrange notary (if needed)
Estate Planning Bundle
- Everything in Professional Preparation PLUS:
- ✅ Pour-Over Will
- ✅ Last Will and Testament
- ✅ Advance Directive (Living Will)
- ✅ Durable Power of Attorney
- ✅ Healthcare Power of Attorney
- ✅ HIPAA Waiver
- Complete estate plan in one package
- $1,170 value for just $995
Full Package + Mobile Service
- Everything in Estate Bundle PLUS:
- ✅ Mobile notary sent to YOUR location
- ✅ TWO witnesses provided
- ✅ Proper execution supervision
- ✅ Signing at home, office, or facility
- We come to you anywhere in Pennsylvania
- Guaranteed properly executed documents
- No need to find notary or witnesses
- Complete white-glove service
Don’t Let Pennsylvania’s Inheritance Tax Catch Your Family Off Guard
With inheritance tax rates of 4.5% to 15% on every dollar to non-spouse beneficiaries, plus Orphans’ Court probate delays, estate planning is essential for every Pennsylvania family.
Pennsylvania Probate vs. Living Trust
❌ Pennsylvania Probate (Orphans’ Court)
- 6–18 months court process
- 1-year mandatory waiting period
- Public record at Register of Wills
- Attorney + executor fees (5–7% of estate)
- Orphans’ Court supervision required
- Delays in asset distribution
- Inheritance tax STILL applies
- Notice to beneficiaries required
✅ Living Trust (Avoid Probate Entirely)
- Immediate asset distribution
- No 1-year waiting period
- Completely private (no public record)
- No court fees or probate costs
- No Orphans’ Court involvement
- Assets distributed right away
- Inheritance tax planning framework
- Minimizes family conflicts
Our Professional Trust Preparation Process
Step 1: Free Initial Consultation
Call us at 1-877-540-6104 for a free consultation. We’ll discuss your estate planning goals, family situation, assets, and help you understand how Pennsylvania’s inheritance tax affects your estate.
Step 2: Information Gathering
We’ll collect essential information about your trustees, successor trustees, beneficiaries, assets, distribution wishes, and special instructions via phone, video call, or secure questionnaire.
Step 3: Custom Trust Drafting
Our professional document preparers create your custom Pennsylvania Revocable Living Trust tailored to your specific wishes with full Uniform Trust Act (20 Pa.C.S. Chapter 77) compliance.
Step 4: Document Review
We deliver your draft trust for review (typically 3–5 business days). You review the document and we make any necessary revisions.
Step 5: Execution (Signing)
For DIY and Professional packages, you sign the trust yourself. For our Full Package ($1,295), we send a mobile notary and witnesses to your Upper Darby location.
Step 6: Trust Funding Guidance
Creating the trust is only the first step — you must also fund the trust by transferring assets into it. We provide detailed guidance on retitling real estate, bank accounts, investments, and other assets into your trust name.
What Assets Should Go in Your Pennsylvania Living Trust?
- Real Estate: Your Upper Darby home, vacation properties, rental properties, land
- Bank Accounts: Checking, savings, CDs, money market accounts
- Investment Accounts: Brokerage accounts, stocks, bonds, mutual funds
- Business Interests: LLCs, partnerships, corporations
- Vehicles: Cars, boats, RVs
- Personal Property: Jewelry, art, collections (via assignment)
Note: Retirement accounts (401k, IRA) and life insurance typically use beneficiary designations rather than trust ownership, though the trust can be named as beneficiary. Life insurance proceeds paid to a named beneficiary are exempt from PA inheritance tax.
Frequently Asked Questions: Upper Darby Living Trusts
How much does a Revocable Living Trust cost in Pennsylvania?
Our Upper Darby Living Trust services range from $14.95 for DIY forms to $495 for professional trust preparation to $1,295 for our complete package with mobile notary and witnesses. Delaware County attorneys typically charge $2,500–$5,000+.
Does Pennsylvania have an inheritance tax?
Yes. Pennsylvania is one of only 6 states with an inheritance tax: 0% for surviving spouses, 4.5% for children and lineal descendants, 12% for siblings, and 15% for all others. This applies to virtually every asset transferred at death.
Does a Revocable Living Trust avoid Pennsylvania inheritance tax?
No. A Revocable Living Trust does NOT eliminate Pennsylvania’s inheritance tax. Trust assets are still subject to the tax. However, a trust avoids probate (Orphans’ Court), provides privacy, eliminates the 1-year waiting period, and creates the framework for tax planning. For specific tax reduction strategies, consult a licensed PA estate planning attorney.
Does Pennsylvania have an estate tax?
No. Pennsylvania does NOT have a state estate tax — only the inheritance tax. The federal estate tax applies to estates exceeding approximately $13.61 million.
What’s included in the $995 Estate Planning Bundle?
Revocable Living Trust + Certificate of Trust + Pour-Over Will + Last Will and Testament + Advance Directive + Durable Power of Attorney + Healthcare Power of Attorney + HIPAA Waiver. $1,170 value for just $995.
What is the Orphans’ Court?
Pennsylvania’s Orphans’ Court is a specialized court division that handles probate, trust disputes, guardianships, and estate administration. A Revocable Living Trust bypasses Orphans’ Court entirely.
What is Pennsylvania’s elective share?
Under Pennsylvania law, a surviving spouse can claim 1/3 of the augmented estate as an “elective share,” regardless of what the trust or will says.
Is life insurance subject to PA inheritance tax?
Life insurance proceeds paid to a named beneficiary are generally exempt from Pennsylvania inheritance tax. This makes life insurance an important tool in PA estate planning.
What is Pennsylvania’s small estate threshold?
Pennsylvania allows simplified estate procedures for estates valued at $50,000 or less. Given Pennsylvania property values, most families exceed this threshold.
Where is probate filed in Delaware County?
For Upper Darby residents, probate is filed with the Delaware County Register of Wills and overseen by the Delaware County Orphans’ Court Division. A Revocable Living Trust avoids this process entirely.
Protect Your Upper Darby Family Today
With Pennsylvania’s inheritance tax affecting every non-spouse beneficiary and Orphans’ Court delays of up to 18 months, there’s no time to wait.
