What Devon, PA Residents Should Know About Estate Planning
If you are searching for a Devon estate planning attorney, here is a direct answer. Estate planning is the legal process of deciding what happens to your assets, your healthcare decisions, and your dependents if you become incapacitated or pass away. In Pennsylvania, a complete estate plan typically includes a will, a durable power of attorney, a healthcare directive, and, in some cases, a trust.
Without these documents in place, Pennsylvania law determines what happens to your estate, and the outcome may not reflect your wishes. Sager & Sager Associates has helped individuals and families throughout Chester County and southeastern Pennsylvania create estate plans that protect what they have built. We have been doing this work since 1955.
Sager & Sager Associates: Experienced Estate Planning Counsel in Devon, PA
Sager & Sager Associates is a full-service Pennsylvania law firm with deep roots in this region. Our firm was founded in 1955, and we have spent more than seven decades representing individuals and families across Chester, Montgomery, and Berks Counties.
Attorney Daniel Sager focuses his practice on estate planning, probate, and family law matters. He attended Clark University and earned his law degree from Villanova University Charles Widger School of Law. He is a member of the Pennsylvania Bar Association and the Montgomery County Bar Association, and has served as legal counsel to the Douglass Township Planning Agency in Montgomery County.
Our attorneys work across multiple levels of the Pennsylvania court system and bring firsthand knowledge of local procedures to every matter we handle. When clients come to us with estate planning questions, they receive honest guidance grounded in decades of legal experience.
Clients have described our firm as responsive, practical, and genuinely invested in their outcomes. That is the standard we hold ourselves to for every client we serve in Devon and the surrounding communities.
Why Estate Planning Matters for Devon, Pennsylvania Residents
Devon is a community within Easttown Township in Chester County. Many residents here have worked hard to build financial security, own real property, and support their families. Estate planning is how you protect all of that and make sure your wishes are legally enforceable when it matters most.
Pennsylvania does not have a state estate tax, but federal estate tax rules still apply to larger estates. Beyond taxes, estate planning addresses who will make medical decisions on your behalf, who will manage your finances if you cannot, and how your assets will transfer to the people or organizations you choose.
Without a valid will or trust in place, Pennsylvania’s intestate succession laws control the distribution of your estate. Those rules follow a fixed legal formula and do not account for your specific relationships or intentions.
What Happens Without an Estate Plan in Pennsylvania
When someone dies without a will in Pennsylvania, the estate passes according to the state’s intestate succession statute. The distribution depends on who survives the deceased and follows a set legal order. For example:
- A surviving spouse with no children receives the entire estate
- A surviving spouse with children from outside the marriage receives the first $30,000 plus half of the remaining estate
- Children receive the balance of the estate not allocated to the spouse
- If there is no spouse or children, the estate passes to parents, siblings, and more distant relatives in order of preference
This formula may produce results that do not reflect what you wanted. Estate planning is about taking control of the process rather than leaving it to state law.
The Core Components of a Pennsylvania Estate Plan
A well-structured estate plan is not a single document. It is a coordinated set of legal instruments that work together to address different situations and needs.
Last Will and Testament
A will is the foundational document in most estate plans. It names your beneficiaries, designates an executor to manage the administration of your estate, and can appoint a guardian for minor children. In Pennsylvania, a will must be signed and witnessed in accordance with specific statutory requirements to be valid.
A will goes through probate in Pennsylvania, which is the legal process of validating the document and overseeing asset distribution under court supervision. Pennsylvania’s probate process is generally less burdensome than in many other states, but it is still a formal proceeding that requires attention to procedure.
Durable Power of Attorney
A durable power of attorney authorizes someone you trust to manage your financial and legal affairs if you become unable to do so yourself. In Pennsylvania, a power of attorney executed after January 1, 2015 must comply with the requirements of the Pennsylvania Power of Attorney Act, including specific signing and acknowledgment formalities.
Choosing the right agent and clearly defining their powers is critical. An improperly drafted document can create confusion or leave gaps in authority at a time when clear decision-making is essential.
Healthcare Directive and Living Will
A healthcare power of attorney designates someone to make medical decisions on your behalf if you are incapacitated. A living will sets out your specific wishes regarding end-of-life treatment, including whether you want life-sustaining measures continued under certain circumstances.
Pennsylvania law recognizes both documents under the Health Care Agents and Representatives Act. Having both in place removes ambiguity and relieves family members from having to make those decisions without guidance.
Trusts in Pennsylvania Estate Planning
Not every estate plan requires a trust, but trusts serve important purposes in certain situations. A revocable living trust can help your estate avoid probate, provide continuity in asset management during incapacity, and offer greater privacy than a will. Irrevocable trusts may be appropriate for asset protection, Medicaid planning, or managing large estates with tax considerations.
Our attorneys evaluate whether a trust makes sense based on the size and nature of your assets, your family situation, and your long-term goals.
Pennsylvania Estate Planning Documents: A Comparative Overview
The chart below summarizes the primary estate planning documents used in Pennsylvania and their key functions. Every situation is different, and this chart is for general informational purposes only.
| Document | Primary Purpose | Goes Through Probate | Takes Effect |
| Last Will and Testament | Directs asset distribution at death | Yes | At death |
| Revocable Living Trust | Manages and transfers assets, avoids probate | No | At signing or incapacity |
| Durable Power of Attorney | Financial decision-making during incapacity | No | At incapacity or immediately |
| Healthcare Power of Attorney | Medical decision-making during incapacity | No | At incapacity |
| Living Will | End-of-life medical wishes | No | At incapacity |
| Beneficiary Designations | Transfers retirement accounts and insurance | No | At death |
This overview highlights why estate planning involves more than a single document. Each instrument addresses a different gap that could otherwise leave your family without legal guidance or authority.
Estate Administration and Probate in Chester County
When a loved one passes away, their estate must be administered under Pennsylvania law. If there is a valid will, the named executor files it with the Register of Wills in Chester County and opens the estate. If there is no will, an administrator is appointed through the same process.
The Register of Wills for Chester County is located in West Chester and handles the initial steps of probate for estates of Chester County residents, including those in Devon and Easttown Township. The probate process includes notifying creditors, paying valid debts and taxes, filing required accountings, and distributing assets to beneficiaries.
Our attorneys assist executors and administrators through every stage of this process. We help ensure that estates are administered properly and that the people responsible for that work understand their legal obligations.
Updating Your Estate Plan: When and Why It Matters
An estate plan is not a document you sign once and put away. Life circumstances change, and your plan should reflect those changes. There are specific events that typically warrant a review of your existing documents.
Those events include marriage or divorce, the birth or adoption of a child, the death of a named beneficiary or executor, a significant change in assets or financial circumstances, and a move to a different state. Pennsylvania law may also change in ways that affect how your documents operate.
We recommend reviewing your estate plan every three to five years, and sooner if a major life event occurs. Our attorneys can evaluate your existing documents and identify anything that needs updating or replacing.
Ready to Speak With an Estate Planning Attorney in Devon, PA?
If you have questions about wills, trusts, powers of attorney, or probate in Devon or the surrounding area, we are here to help. Contacting a Devon estate planning attorney early in the process gives you time to make decisions carefully, without the pressure of a crisis situation.
Our Malvern office at 311 East Lancaster Avenue is conveniently located for clients in Devon and throughout eastern Chester County. We also serve clients from our Pottstown office at 43 East High Street. You can reach us by phone at 610.323.1328 or by email at info@sagerandsager.com.
Whether you are starting your first estate plan or need to update documents you created years ago, our estate planning law firm in Devon, PA, is ready to assist. We bring more than 70 years of legal experience to every client we serve.
Frequently Asked Questions: Estate Planning in Devon, Pennsylvania
What documents do I need for a basic estate plan in Pennsylvania?
A basic estate plan in Pennsylvania typically includes a last will and testament, a durable power of attorney, a healthcare power of attorney, and a living will. Together, these documents address what happens to your assets, who manages your affairs during incapacity, and what medical decisions should be made on your behalf. Depending on your situation, a trust may also be appropriate. An attorney can help you determine which documents you need based on your specific circumstances.
How much does estate planning cost in Pennsylvania?
Estate planning costs vary depending on the complexity of your situation and the documents required. A basic will and power of attorney package is generally less expensive than a plan that includes multiple trusts or business succession provisions. The more important question is the cost of not having a plan. Probate, legal disputes among heirs, and court-supervised guardianship proceedings can be far more expensive than a properly drafted estate plan. Contact our office for information about our consultation process.
Do I need a trust if I already have a will in Pennsylvania?
Not necessarily. A will is sufficient for many estates in Pennsylvania. Trusts become more useful when you want to avoid probate, manage assets for a beneficiary who cannot manage money independently, plan for potential long-term care costs, or address a more complex asset structure. Our attorneys evaluate each situation individually and do not recommend unnecessary documents.
What happens to my estate if I die without a will in Pennsylvania?
If you die without a valid will in Pennsylvania, your estate passes under the state’s intestate succession laws. The distribution is determined by a fixed legal formula based on your surviving relatives and does not take into account your personal relationships or wishes. Your assets cannot be directed to friends, unmarried partners, stepchildren, or charitable organizations under that formula unless they are named beneficiaries on specific accounts.
How do I choose an executor for my Pennsylvania estate?
Your executor should be someone who is trustworthy, organized, and willing to take on the responsibility of managing your estate after your death. This person will file your will with the Register of Wills, notify creditors, manage assets during administration, and distribute property to your beneficiaries. Many people choose an adult child, a sibling, or a close friend. It is also possible to name a professional fiduciary or corporate trustee in some situations. Discuss your options with an attorney before making this decision.
Can I update my will after it is signed in Pennsylvania?
Yes. You can update your will at any time while you have legal capacity. Changes can be made through a formal amendment called a codicil or by revoking the existing will and executing a new one. Handwritten changes made directly on a signed will are generally not valid in Pennsylvania and can create confusion about your actual intentions. If your circumstances have changed, the safest approach is to work with an attorney to prepare an updated document that meets all current legal requirements.
