How Does Divorce Affect My Estate Plan in Pennsylvania? | Pennsylvania Probate | FastCounsel
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How Does Divorce Affect My Estate Plan in Pennsylvania?

How Does Divorce Affect My Estate Plan in North Carolina? - Pennsylvania

The Short Answer

In Pennsylvania, divorce (and in some situations even a pending divorce) can automatically cancel certain estate-plan benefits you left to a spouse—such as gifts in a will and many beneficiary designations—unless your documents clearly say they should survive the divorce. That said, not every asset or designation is covered, and mistakes can still result in an ex-spouse receiving money or control if your plan is not updated.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your specific estate plan is rarely simple. Legal outcomes often depend on:

  • Strict Deadlines: Pennsylvania’s rules can apply not only after a divorce decree, but also in certain cases while a divorce is pending (for example, if you die during divorce proceedings and specific legal conditions are met). See 20 Pa.C.S. § 2507 and 20 Pa.C.S. § 6111.2.
  • Burden of Proof: Whether a designation “was intended to survive the divorce” can turn on document wording, court orders, or written agreements—issues that often require careful legal interpretation. See 20 Pa.C.S. § 6111.2.
  • Exceptions: Some assets pass outside the will, and some designations may still be effective depending on the type of account/plan and whether you reaffirmed a former spouse as beneficiary after divorce. Getting this wrong can unintentionally disinherit children or other intended beneficiaries—or leave your ex-spouse in control.

If you’re separated, divorcing, or recently divorced, it’s smart to have a Pennsylvania probate/estate-planning attorney review your will, trusts, beneficiary designations, and powers of attorney as a coordinated plan.

You may also find helpful context here: Do I Still Have Inheritance Rights in Pennsylvania If We Separated but Never Divorced?

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.