Estate Law
Estate Planning and Probate Attorney in Pittsburgh
Estate planning is not principally about death. It is about control — who manages your affairs if you cannot, who receives what you have built, and whether your family encounters a court proceeding or a prepared set of documents. Lebovitz & Lebovitz, P.A. has prepared wills, trusts, powers of attorney, and estate administration documents for Western Pennsylvania families since 1933. Stephen H. Lebovitz handles each matter personally.
The firm’s estate planning practice addresses the full range of planning and administration needs: foundational documents for adults at every stage, trust planning for families with more complex objectives, estate administration and probate when a death has occurred, and the intersection of business ownership with estate transfer. Each engagement is handled with precision and without unnecessary complexity.
Estate planning determines how assets will pass at death, but those plans are carried out through the probate process. For an explanation of how estates are actually administered after death, see our guide to estate administration and probate in Pennsylvania. For families considering how to structure asset transfers to simplify administration, see our article on how to avoid probate in Pennsylvania. When no planning is in place, Pennsylvania’s intestate succession statute controls who inherits.
Estate Planning and Probate Practice Areas
Wills and Trusts
What a Pennsylvania will controls and what it does not, when a revocable trust adds value over a will alone, the witness and formality requirements for a valid will, and how to coordinate title and beneficiary designations with the estate plan.
Wills and Estate Planning Documents
A complete estate plan coordinates the will, durable power of attorney, health care power of attorney, and living will into a coherent set of instructions. Each document addresses a different failure point. Together they determine what happens to your assets and your affairs when you cannot speak for yourself.
Power of Attorney
Pennsylvania law requires a notary, two witnesses, and a signed agent acknowledgment before a power of attorney is valid. A document that fails any requirement will be rejected by banks and title companies at exactly the moment it is needed. We prepare durable powers of attorney that satisfy the statutory requirements and grant the authority the principal actually needs.
Estate Administration and Probate
When a Pennsylvania estate must pass through probate, the executor is personally responsible for inventory, notice, tax filings, creditor resolution, and distribution. The process has a defined sequence and firm deadlines. We guide executors through each stage and handle the legal work so the administration proceeds correctly.
Pennsylvania Inheritance Tax
Pennsylvania imposes an inheritance tax on most transfers at death, with rates that vary by the relationship between the decedent and the beneficiary. Real estate, retirement accounts, jointly held property, and life insurance each raise distinct questions under the tax. Planning before death and proper reporting after it both affect what the family ultimately pays.
Inherited Property and Family Real Estate
Inherited property held by multiple family members creates ownership questions that planning documents alone do not resolve. Partition rights, title transfer, capital gains exposure on inherited basis, and sibling disagreements over sale or retention each require legal analysis specific to the property and the family’s situation.
Business Succession and Estate Planning
A closely held business interest is often the largest asset in an owner’s estate. Without coordinated planning between the governance documents and the estate plan, forced sales, valuation disputes, and operational disruption follow. We address business succession as an integrated component of estate planning, not a separate engagement.
Estate Planning and Probate FAQs
Common questions about wills, powers of attorney, probate timelines, executor duties, inheritance tax, and the documents Pennsylvania adults need at every stage of life.
Intestate Succession in Pennsylvania
When someone dies without a will, Pennsylvania law determines who inherits, and the result may not be what the family expected. Learn how the intestacy statute works and who has priority.
Executor Duties in Pennsylvania
Being named executor carries real obligations and real personal liability. Learn what Pennsylvania law requires of executors, how they are compensated, and when they can be held personally liable.
Beneficiary Rights in Pennsylvania
Beneficiaries do not control estate administration, but Pennsylvania law gives them powerful rights to information, proper management, and timely distribution. Learn what those rights are and how to enforce them.
How to Avoid Probate in Pennsylvania
Pennsylvania offers several legal tools for transferring assets outside of probate, including joint ownership, beneficiary designations, and revocable living trusts. Learn which methods work and when probate avoidance makes sense.
Medicaid Planning in Pennsylvania
Pennsylvania’s five-year look-back period means Medicaid planning must happen before the crisis arrives. Learn how to protect assets, what limits apply, and how estate recovery works.
Inheritance Tax: Common Questions
Pennsylvania inheritance tax applies to nearly every transfer at death regardless of estate size. Three questions arise in almost every administration: who is responsible for paying the tax, whether a beneficiary designation overrides the will, and how TOD and POD accounts interact with the estate plan and the tax. Each is addressed in full on its own page.
Frequently Asked Questions About Estate Planning and Probate in Pennsylvania
These are the starting questions we hear most often from Western Pennsylvania families. Each links to the page that covers it in full.
What documents does a Pennsylvania estate plan require?
A complete Pennsylvania estate plan typically includes four documents: a will, a durable financial power of attorney, a health care power of attorney, and a living will. Each addresses a different failure point — death, financial incapacity, medical decision-making, and end-of-life care. A will alone addresses only one of the four. See our Wills and Trusts page and our article on estate planning documents in Pennsylvania.
Does a Pennsylvania power of attorney need to be notarized?
Yes — and it also requires two witnesses and a signed agent acknowledgment before any authority can be exercised. A document missing any of those elements will be rejected by banks and financial institutions. See our Power of Attorney in Pennsylvania page for the full statutory requirements.
How long does probate take in Pennsylvania?
A straightforward estate typically moves through probate in six to twelve months. Complex estates with real estate, business interests, or disputes take longer. Pennsylvania’s one-year creditor notice period sets a practical floor on final distribution regardless of other timelines. See our article on how long probate takes in Pennsylvania and our Estate Administration and Probate page.
What is the Pennsylvania inheritance tax rate?
Pennsylvania inheritance tax rates vary by relationship: zero percent for a surviving spouse, 4.5 percent for lineal descendants and ancestors, 12 percent for siblings, and 15 percent for all others. Planning before death and timely filing of the REV-1500 both affect the outcome. See our Pennsylvania Inheritance Tax page for rates, valuation rules, and planning options.
What does an executor do in Pennsylvania?
A Pennsylvania executor probates the will, inventories assets, notifies creditors, files the inheritance tax return, resolves claims, and distributes the estate. The executor is a fiduciary with personal liability for errors. See our executor duties in Pennsylvania article and our Estate Planning and Probate FAQs for executor duties in detail.
Does a beneficiary designation override a will in Pennsylvania?
Yes. A valid beneficiary designation on an account or insurance policy controls that transfer regardless of what the will says. TOD accounts, POD designations, and jointly held property all pass outside the will. See Does a Beneficiary Designation Override a Will in Pennsylvania and TOD, POD, and Joint Accounts in Pennsylvania.
How does a business interest affect estate planning?
A closely held business is often the largest asset in an owner’s estate. Without coordinated planning, the governance documents and the estate plan can conflict — triggering forced sales, valuation disputes, or operational disruption at the wrong moment. See our Business Succession and Estate Planning page.