The Hidden Costs of Delaying Your Estate Plan in Pennsylvania
- Ashley Sharek
- 2 hours ago
- 5 min read
Many people agree that estate planning is important, yet few feel a sense of urgency to create a plan. Life gets busy, and planning for the end of life is often uncomfortable. The unfortunate truth is that delaying your estate plan can leave your family with serious financial and emotional consequences.
When you pass away without a clear estate plan in place, your loved ones are left to navigate a public, complicated, and often costly court process known as probate. In
Pennsylvania, probate expenses can reduce an estate by five to seven percent. That is money your family loses to court costs, taxes, legal fees, and unnecessary delays.
This article will help you understand the real costs of not having an estate plan and how you can protect your family from stress, conflict, and financial loss.
What Is Probate and Why Should You Avoid It?
Probate is the legal process of validating a will and distributing the assets of a deceased individual. If there is no will, the estate is still subject to probate and the court decides how assets are divided based on Pennsylvania intestacy laws.
In theory, probate is designed to ensure fairness and protect creditors. In reality, it often creates delays, drains financial resources, and exposes your family’s private matters to the public.
Here are some of the reasons to avoid probate:
It is expensive. Between court filing fees, executor commissions, appraisal costs, and attorney fees, probate can cost five to seven percent of your estate’s total value.
It is time-consuming. The process often takes nine to twenty-four months to complete, sometimes longer in complex cases.
It is public. Probate records are open to the public, which means anyone can see what assets you owned and how they were distributed.
It is emotionally taxing. Families are often left in limbo during a time when they are grieving and emotionally vulnerable.
With proper estate planning, much of this can be avoided.
Costs of Delaying Your Estate Plan
When you do not have an estate plan, several costly consequences may follow. Here are the most common ones:
1. Probate Court Fees
Pennsylvania probate courts require filing fees, which vary based on the size of the estate. Larger estates incur higher fees.
2. Legal Fees
Without a plan, your family may need to hire a probate attorney to guide them through the process. These services are often charged hourly or as a percentage of the estate, adding up quickly.
3. Executor Commissions
The person responsible for managing the estate, called the executor or personal representative, is entitled to receive a commission. This is typically calculated based on the value of the estate and can be thousands of dollars.
4. Appraisal and Valuation Fees
The court may require assets such as real estate, personal property, or business interests to be appraised. These services come at a cost.
5. Delays in Access to Funds
When probate drags on, family members may not have timely access to funds needed to cover final expenses, mortgage payments, or basic living costs. This creates financial strain during an already difficult time.
6. Taxes and Penalties
Without a plan in place, important tax-saving opportunities may be missed. This can result in unnecessary taxes being paid by the estate or heirs.
These are only some of the tangible financial costs. The emotional toll on your family cannot be overstated.
Emotional Consequences for Your Family
Beyond dollars and cents, dying without a plan places a heavy emotional burden on your loved ones. The lack of clarity creates confusion, uncertainty, and potential conflicts between family members.
Common emotional impacts include:
Family disputes over property or inheritance
Frustration from delays and legal complications
Stress over making medical or financial decisions without knowing your wishes
Guilt or regret if mistakes are made during the process
When no plan exists, families are often left feeling unprepared and overwhelmed. These situations can fracture relationships and lead to lasting resentment.
By contrast, a clear estate plan provides direction, honors your wishes, and relieves your family from difficult decisions during an emotional time.
How an Estate Plan Solves These Problems
A thoughtfully prepared estate plan allows you to:
Avoid Probate
With tools like revocable living trusts and beneficiary designations, you can ensure that assets transfer directly to your chosen heirs without court involvement.
Minimize Costs
Estate planning helps reduce or eliminate legal fees, court expenses, and tax liabilities, preserving more of your assets for your loved ones.
Maintain Privacy
Unlike probate, which is public, a private estate plan keeps your family’s business out of public records.
Prevent Conflict
When your wishes are clearly documented, there is less room for disagreements among heirs.
Support Special Circumstances
You can include provisions for minor children, children with special needs, charitable giving, or specific family dynamics.
Provide Peace of Mind
Knowing your affairs are in order allows you and your loved ones to rest easier. You have the comfort of knowing that your legacy will be preserved according to your values.
Why Early Planning Matters
Many people delay estate planning because they feel they do not own enough, are not old enough, or believe they have time. Unfortunately, none of us can predict the future.
Creating a plan before a health crisis or sudden death gives you the greatest level of control. It also allows time for thoughtful discussion with your attorney and family members.
Waiting until a crisis limits your options and adds pressure to an already stressful time.
At Entrusted Legacy Law, we often hear clients say they wish they had started sooner. The reality is, early planning is a gift to your family. It means fewer surprises, fewer costs, and fewer conflicts.
What Should Be Included in a Pennsylvania Estate Plan?
A complete estate plan typically includes:
A revocable living trust or will
A durable financial power of attorney
A healthcare power of attorney
A living will or advanced healthcare directive
Guardianship designations for minor children
A plan for long-term care or Medicaid asset protection
Clear instructions for distribution of assets
Each person’s needs are unique. Your plan should reflect your values, goals, and family structure.
You Do Not Have to Do This Alone
Estate planning is about more than documents. It is about creating clarity, reducing stress, and protecting those you love. It is also about preserving your legacy and ensuring your values are carried forward.
At Entrusted Legacy Law, we make this process friendly, transparent, and educational. We do not wear suits. We do not bill by the hour. We offer flat-fee planning, so you always know exactly what to expect.
Whether you are a young parent, a snowbird with properties in multiple states, or someone planning for long-term care, we are here to help.
Schedule a Consultation
If you are ready to make things easier for your loved ones, we invite you to start the conversation today. Your family deserves clarity and peace of mind.
Schedule a free consultation with one of our estate planning attorneys. Together, we will help you build a plan that reflects your values and protects what matters most.
Visit the link below to book your call: