By Samantha Gehrett
As an Extension Educator working with dairy farm families across Pennsylvania, I see how thoughtful planning supports both farm viability and family well‑being. Dairy producers are accustomed to planning for herd health, cropping decisions, cash flow, and environmental stewardship. Yet one important area of farm management is often delayed or overlooked: having a current, legally valid will. For dairy operations, a will is not simply a personal or legal document. It is a critical planning tool that helps protect the farm business, clarify family intentions, and reduce risk during unexpected transition.
When a person dies without a will in Pennsylvania, their estate is distributed according to the state's intestate succession laws under Title 20 of the Pennsylvania Consolidated Statutes (Pennsylvania General Assembly, n.d.). These laws follow a fixed formula based solely on family relationships and do not take into account whether assets are essential to operating a farm or whether certain family members are actively involved in the business (Nolo, 2023). While these statutes are designed to promote fairness, they often create unintended consequences for dairy operations, where most of the estate's value is tied up in land, livestock, facilities, and equipment that cannot easily be divided. Equal division among heirs may result in pressure to sell cows, machinery, or farmland simply to meet statutory inheritance requirements (LegalClarity, 2026).
Dairy farms face additional risk because they operate year‑round and require consistent, timely decision‑making. Cows must be milked daily, employees must be paid, and relationships with lenders, processors, and suppliers cannot be paused. In Pennsylvania, probate is initiated through the county Register of Wills and overseen by the Orphans' Court. Even in straightforward cases, estate administration often takes nine to eighteen months due to mandatory creditor notification periods and tax filing requirements (SwiftProbate, 2026; LegalClarity, 2026).
Source : psu.edu