Estate Litigation Attorneys in Pennsylvania

Where Estate Litigation Happens in Pennsylvania

Pennsylvania’s Orphans’ Court Division has exclusive jurisdiction over contested estate and trust matters. Under 20 Pa.C.S. § 711, this includes disputes over the administration and distribution of decedents’ estates, challenges to the appointment or conduct of personal representatives, trust administration disputes, and guardianship proceedings. 

Most estate litigation begins with a petition filed by an interested party. The opposing party is served, given the opportunity to respond, and the court schedules the matter for argument or an evidentiary hearing. Witnesses testify under oath, documents are admitted into the record, and expert testimony is permitted on medical capacity, accounting, and valuation matters. 

Pennsylvania does not provide jury trials in estate litigation proceedings. The Orphans’ Court judge makes all findings of fact and conclusions of law.

Will Contests in Pennsylvania

A will contest is a legal challenge to the validity of a will that has been admitted to probate. In Pennsylvania, contesting a will requires more than a belief that the distribution is unfair. The challenge must be based on recognized legal grounds, and the contestant bears the initial burden of establishing those grounds by evidence sufficient to overcome the presumption that a probated will is valid.

Common grounds for contesting a will in Pennsylvania include:

• Lack of Testamentary Capacity: To execute a valid will in Pennsylvania, the testator must understand the nature of the act, the nature and extent of their property, the natural objects of their bounty (generally their family), and how these elements relate to one another. A testator with advanced dementia, a severe psychiatric condition, or another impairment may lack this capacity. Lack of capacity at the moment of execution, not at other points in time, is what matters legally.
• Undue Influence: Undue influence occurs when someone in a position of power or trust over the testator substitutes their own wishes for the testator’s, causing the will to reflect the influencer’s intentions rather than the testator’s own. Pennsylvania courts recognize a presumption of undue influence when three elements are established: the testator had weakened intellect, a person in a confidential relationship with the testator received a substantial benefit under the will, and that person had the opportunity to exert influence. When all three are shown, the burden shifts to the will’s proponent to demonstrate that the will was freely and voluntarily made.
• Fraud: Fraud in the making of a will occurs when someone intentionally misrepresents facts to the testator in a way that causes the testator to execute a will they would not otherwise have made.
• Improper Execution: Under 20 Pa.C.S. § 2502, a will must be in writing and signed by the testator at the end of the document. Failure to meet Pennsylvania’s execution requirements can invalidate the will entirely.

A will contest may be initiated before probate by filing a caveat with the Register of Wills, which suspends the probate proceeding and refers the matter to the Orphans’ Court. After a will has been probated, interested parties generally have one year to appeal under 20 Pa.C.S. § 908. Missing that deadline can eliminate the ability to challenge the will. If the Orphans’ Court finds the will invalid, the prior valid will (if one exists) is admitted to probate. If no prior will exists, the estate passes under Pennsylvania’s intestacy statute.

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Undue Influence Claims

Undue influence is the most frequently raised ground for contesting a will in Pennsylvania and one of the most fact-intensive. Claims often arise when a testator with declining health or cognitive impairment changed their estate plan in ways that benefited a caretaker, a new romantic partner, or one family member to the exclusion of others. 

Evidence commonly includes: 

• Medical records documenting cognitive decline
• Testimony from physicians and caregivers
• Financial records showing unusual transfers
• The drafting attorney’s account of the execution circumstances
• Expert testimony from medical professionals or forensic accountants

Undue influence and lack of testamentary capacity are frequently raised together. A testator with significant cognitive decline may both lack capacity and be susceptible to influence, and the medical evidence supporting each claim often overlaps. Our attorneys assess both grounds when evaluating a potential will contest and help clients understand the strength of the evidence before proceeding.

Executor Misconduct and Removal Proceedings

An executor owes a fiduciary duty to the estate and its beneficiaries, requiring honest, prudent administration in the interest of the beneficiaries rather than the executor’s own interest. When an executor breaches that duty, Pennsylvania law provides mechanisms for court intervention.

Under 20 Pa.C.S. § 3182, the Orphans’ Court has exclusive authority to remove a personal representative. Grounds for removal include:

• Wasting, embezzling, or mismanaging estate assets
• Refusing or neglecting to perform required duties
• Failing to file required accountings or inventories
• Self-dealing or conflicts of interest
• Insolvency
• Any other cause where the interests of the estate are likely to be jeopardized by the executor’s continued service

When removal is granted, the court appoints a successor personal representative. In cases involving serious misconduct, the court can also surcharge the removed executor, holding them personally liable for losses the estate suffered. A surcharge decree is enforceable as a civil judgment against the executor’s personal assets.

Beneficiaries who suspect misconduct but are uncertain whether removal is warranted can petition the Orphans’ Court to compel an accounting under 20 Pa.C.S. § 3501.1. This is often a productive first step that either confirms the misconduct or resolves the concern without removal proceedings.

Trust Disputes and Trustee Misconduct

Trusts create ongoing fiduciary relationships that can give rise to disputes long after a will contest or estate administration has concluded. A trustee owes duties of loyalty, prudence, and impartiality to the trust beneficiaries. Common trust disputes our attorneys handle include:

• Trustee self-dealing and conflicts of interest: A trustee who uses trust assets for personal benefit or engages in transactions with the trust on their own behalf has breached the duty of loyalty. These claims can result in disgorgement of profits and surcharge for losses.
• Imprudent investment: Trustees in Pennsylvania are held to the prudent investor standard. A trustee who concentrates trust assets in high-risk investments or fails to diversify can be held liable for resulting losses.
• Failure to account: Trustees must provide beneficiaries with regular accountings of trust assets, income, and disbursements. Failure to do so is a breach of fiduciary duty and grounds for court intervention.
• Disputes over trust interpretation: Ambiguous trust provisions, disagreements about the trustee’s discretionary authority, or questions about the proper beneficiaries can require Orphans’ Court resolution.
• Trustee removal: The Orphans’ Court may remove a trustee for the same categories of misconduct that support removal of a personal representative, with a successor trustee appointed to continue administration.

Our trust litigation attorneys represent both beneficiaries seeking to enforce their rights and trustees responding to claims of misconduct.

“We recently worked with Jeff Rehmeyer [at CGA Law] to update our wills and estate planning. Jeff was very thorough and insightful. He kept us on track during the entire process. Jeff was very easy to work with, and we would recommend him without hesitation.”

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Inheritance Fraud and Financial Exploitation

Some estate disputes involve deliberate fraud rather than negligence or family disagreement. Financial exploitation of a vulnerable adult, including manipulation of estate planning documents, unauthorized asset transfers before death, and theft during administration, can give rise to civil liability. Our attorneys assist families in challenging fraudulent transactions, recovering improperly transferred assets, and holding responsible parties accountable through surcharge proceedings and civil litigation.

Frequently Asked Questions About Estate Litigation in Pennsylvania

Who can contest a will in Pennsylvania?

Any interested party may contest a will. An interested party is generally someone who would benefit financially if the will were invalidated, such as an heir who would inherit under a prior will or under Pennsylvania’s intestacy statute. Creditors and other parties with a financial stake in the estate may also have standing in certain proceedings.

How long do I have to contest a will in Pennsylvania?

A caveat filed before probate must be filed before the Register of Wills issues letters. After a will has been admitted to probate, interested parties generally have one year to appeal to the Orphans’ Court under 20 Pa.C.S. § 908. This deadline is strictly enforced. If you believe a will contest may be warranted, consulting an estate litigation attorney promptly is essential.

Can an executor be removed if they are also a beneficiary?

Being a beneficiary does not disqualify someone from serving as executor and does not by itself warrant removal. However, an executor who takes actions that favor their own interests over other beneficiaries, or who engages in self-dealing, can be removed and surcharged. The Orphans’ Court evaluates actual conduct, not status.

What remedies are available if a trustee breaches their fiduciary duty?

Available remedies include compelling an accounting, removing the trustee and appointing a successor, surcharging the trustee personally for losses, voiding improper transactions, and ordering disgorgement of profits obtained through self-dealing. The appropriate remedy depends on the nature of the breach and the condition of the trust assets.

Pennsylvania Estate Litigation Attorneys Serving Clients Statewide

CGA Law Firm’s estate litigation practice draws on the firm’s deep experience in estate planning and estate administration to provide effective representation in contested proceedings. We represent clients across York, Harrisburg, Hanover, Lancaster, and communities throughout Central Pennsylvania in Orphans’ Court proceedings, trust disputes, and related civil litigation. Whether you are a beneficiary whose rights have been disregarded, an executor facing a removal petition, or a family member who believes a loved one’s estate plan was manipulated, our team is prepared to advise you.

To speak with a Pennsylvania estate litigation attorney, contact CGA Law Firm online or at (717) 848-4900.