A Step-by-Step Guide to Probate in Pennsylvania

Probate is the legal process for establishing a personal representative’s authority and administering a deceased person’s probate estate. The process can include opening the estate, identifying assets, notifying interested parties, paying debts and taxes, and distributing the remaining property. McMorrow Law’s probate attorneys guide Pennsylvania families through each stage.

Start by Determining Whether a Small-Estate Procedure Applies

Pennsylvania allows an Orphans’ Court to use a small-estate procedure when qualifying personal property does not exceed $50,000, excluding real estate and certain other payments. The court can direct distribution without a full administration. The current rule appears in 20 Pa.C.S. § 3102.

Real estate is not counted toward the $50,000 personal-property limit, but the small-estate procedure itself does not transfer real estate.

Open the Estate With the Register of Wills

A probate estate is generally opened with the Register of Wills in the county where the decedent was domiciled. If a valid will names an executor, that person can petition for Letters Testamentary. If there is no will or no named executor can serve, the Register can issue Letters of Administration to an eligible administrator.

Typical opening documents include the original will, if one exists; a certified death certificate; the petition for probate or administration; and any required county forms.

Publish the Required Estate Notice

After letters are granted, Pennsylvania law requires the personal representative to advertise the grant once a week for three successive weeks in a newspaper of general circulation and in the designated legal publication. The notice asks creditors to present claims. See 20 Pa.C.S. § 3162.

Inventory and Value the Probate Assets

The personal representative identifies probate assets and determines date-of-death values. Depending on the estate, that can include real estate, vehicles, personal property, bank accounts, investments, and business interests. Non-probate assets, such as some jointly owned property or accounts with valid beneficiary designations, follow different transfer rules.

Pay Valid Debts, Expenses, and Taxes

Before final distributions, the estate should address valid claims, administration expenses, Pennsylvania inheritance tax, and any other applicable taxes. Pennsylvania inheritance tax becomes delinquent nine months after death, while payment within three months can qualify for a 5% discount.

Distribute the Remaining Estate and Close the Administration

After the estate’s obligations are resolved, the remaining probate assets can be distributed under the will or Pennsylvania intestacy law. Estates are commonly concluded through a formal accounting and court process or an informal family settlement supported by receipts and releases, depending on the circumstances.

Talk With a Pennsylvania Probate Attorney

Probate is easier to manage when the personal representative knows what must happen next and what to document along the way. McMorrow Law helps with probate, estate administration, inheritance tax, creditor issues, and distributions. Call 412-407-2816 or contact the firm online to discuss the estate.