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March 11, 2026
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This article is based on insights shared by attorneys Cara Pinto and Alison Smith during their presentation at the Pennsylvania Bar Institute’s Estate Law Institute on November 13, 2025, in Philadelphia, Pa.

Estate planning is often viewed as a process that ends at death, with assets transferred and administration completed through probate or trust administration. For many forms of intellectual property, however, that view is inaccurate. Certain rights tied to identity and creative works often survive death, making planning for such rights essential.

Postmortem name, image, and likeness (NIL) rights under Pennsylvania law are one area in particular that demonstrates why estate planning and intellectual property strategy must work together.

Key takeaways

• Pennsylvania law recognizes postmortem NIL rights that can extend decades after death, giving heirs control over commercial use of a person’s identity.
• These rights often mature and increase in value long after probate closes, creating planning challenges that traditional estate documents may not address.
• Estate plans that fail to account for long‑term intellectual property rights risk lost value and revenue, disputes among heirs, and unauthorized use of the decedent’s NIL.
• Coordinating estate planning with intellectual property strategy is essential for preserving control over these rights.

Postmortem NIL rights in Pennsylvania

The Pennsylvania right of publicity statute recognizes a postmortem right of publicity for 30 years after the death of the natural person (42 Pa. C.S.A. § 8316(c)). During that period, the decedent’s heirs or designated successors retain control over the commercial use of the individual’s name, image, and likeness.

Rights to an individual’s name, image, and likeness are not limited to celebrities. Although public figures often provide the most well-recognized examples, NIL rights can also be meaningful for individuals whose identity is connected to their work or professional reputation, resulting in value attributable to that individual’s identity. In some cases, the commercial value of that identity may not fully emerge until years after death.

From an estate‑planning perspective, NIL rights raise essential questions about who has the authority to license or enforce them. Such rights also raise questions about how decisions are made when multiple heirs are involved. Without precise planning, postmortem NIL rights can be challenging to manage or become a source of dispute.

Why NIL rights demand forward‑looking planning

Postmortem NIL rights can remain relevant or become most valuable well after estate administration has concluded. By the time probate closes or fiduciaries step aside, key decisions about these rights may still lie ahead.

This timing gap can create uncertainty. Without forward‑looking planning, it may be unclear who has the legal authority to act and manage the rights. Estate plans that do not account for this extended timeline may undermine the protections they were meant to secure.

For individuals with intellectual property or commercial identity interests, effective estate planning must look beyond immediate transfer. It must also address long‑term governance and control.

Planning for long‑term IP rights

Effective planning for NIL rights begins with recognizing that these rights can extend well beyond estate administration. Identifying their potential longevity and understanding how existing agreements interact with statutory rules are essential in the early steps.

It is also essential to recognize that legal control of IP‑related rights may be governed by statute rather than personal intent or contract terms. Estate plans that overlook those frameworks may leave an estate unprepared to act when meaningful opportunities or obligations arise years later.

NIL rights underscore a broader reality. Post-mortem administration of intellectual property does not end with probate. These rights can be significantly impacted by control and decision‑making far into the future. By addressing them thoughtfully, individuals can help ensure that the commercialization of their identity is managed in ways that reflect both present intentions and long‑term realities. Coordinating estate planning with intellectual property strategy is essential to preserving and maximizing the value of these rights across generations.