When a family member dies, someone has to open the estate, pay the bills and taxes, and pass the property to the right people. If you searched for a probate attorney near me from Canonsburg, Bethel Park or Pittsburgh, Kostrub Law Firm, PLLC has guided local families. Heather N. Kostrub handles probate and estate administration as part of the firm’s estate planning and administration practice.
What happens after you call: we ask a few questions about the person who died, explain the first steps, and set a meeting to review the will and assets.
What probate and estate administration are
Probate is the court-supervised process of proving a will is valid and appointing a personal representative, the person with legal authority to settle the estate. If the will names that person, they are the executor. If there is no will, or the named executor cannot serve, the court appoints an administrator.
Estate administration is the work that follows: finding assets, notifying heirs and creditors, paying debts and taxes, keeping records, and distributing what remains. Assets that pass by beneficiary designation or joint ownership usually skip probate but may still be subject to inheritance tax.
Pennsylvania law that matters
In Pennsylvania, probate and administration are governed by 20 Pa.C.S. Ch. 31–33. The Pennsylvania probate process generally moves through these stages
- Where to file. You probate the will with the Register of Wills in the county where the person lived. In Washington County, that is at the Washington County Courthouse, 1 South Main Street, Washington, PA 15301. In Allegheny County, it is the Register of Wills in the City-County Building, 414 Grant Street, Pittsburgh, PA 15219.
- Proving the will. The original will is filed. If it has a self-proving affidavit, witnesses usually do not need to appear (20 Pa.C.S. §§ 3132, 3132.1).
- Letters. The Register issues letters testamentary to an executor, or letters of administration to an administrator. Letters are the official grant of authority.
- Short certificates. These one-page certificates from the Register prove your authority to banks and other institutions.
- Advertising. The grant of letters must be advertised once a week for three successive weeks in a local newspaper and the county legal journal (20 Pa.C.S. § 3162).
- Beneficiary notice. Within three months after letters are granted, the personal representative must send written notice to beneficiaries and certain heirs, then file a certification with the Register (Pa. O.C. Rule 10.5).
- Inventory. The personal representative lists the probate assets and their values (20 Pa.C.S. § 3301).
- Inheritance tax. The Pennsylvania inheritance tax return, Form REV-1500, is due nine months after death. Paying within three months earns a 5% discount (72 P.S. § 9101 et seq.). Rates run from 0% for a surviving spouse to 4.5% for children and grandchildren, 12% for siblings and 15% for most others. See our guide to Pennsylvania inheritance tax.
- Creditor year. A personal representative who distributes after one year from the first advertisement is generally protected from late creditor claims (20 Pa.C.S. § 3532).
- Accounting and distribution. The estate closes with either a formal account confirmed by the Orphans’ Court or an informal family settlement with receipts and releases signed by the beneficiaries.
Some small estates may qualify for a simpler procedure (20 Pa.C.S. § 3102). For timelines, read how long probate takes in Pennsylvania.
Common situations in Washington and Allegheny counties
- An adult child in Canonsburg is named executor and does not know where to start.
- A parent died without a will, and the family needs letters of administration. See the intestacy rules that apply.
- A Pittsburgh estate includes a house that must be sold before distribution.
- An estate in Cecil Township owns oil and gas rights, and royalties stopped until the operator receives new ownership papers. Our mineral rights attorneys coordinate that step.
What happens if you don’t act
Without letters, no one can legally access accounts in the decedent’s name, sell the house or sign tax returns. Inheritance tax not paid within nine months accrues interest. An executor who pays heirs before debts and taxes can become personally responsible for the shortfall. Missed notices can leave the estate open to later challenges.
Named as executor, or settling a parent’s estate? Call (304) 982-1586 or talk with us about the estate. After you call, we explain the first steps and set a meeting to review the will and assets.
How we handle it, step by step
- First call. We confirm whether probate is needed and which county to file in.
- Opening the estate. We prepare the petition, file the will with the Register of Wills, and obtain letters and short certificates.
- Notices. We arrange advertising and send beneficiary notices on time.
- Gathering assets. We help you open an estate account, collect assets and prepare the inventory.
- Debts and taxes. We review creditor claims and prepare the REV-1500 and final income tax filings, coordinating with your accountant.
- Selling or transferring property. We handle deeds, vehicle titles and, where needed, mineral-rights transfers.
- Accounting and distribution. We prepare a family settlement agreement or a formal account and distribute the estate.
What to bring to your first meeting
- The original will and any codicils (amendments), or a copy if the original is lost
- Several official copies of the death certificate
- Names and addresses of beneficiaries and close family members
- Recent bank, investment and retirement statements
- Deeds, vehicle titles and any oil and gas leases or royalty statements
- Recent bills, debts and the last two years of tax returns
Fees
We discuss fees at the first meeting and put the arrangement in writing. Reasonable legal fees are usually paid from the estate, not by the executor personally. We explain how we charge, and what to expect, at your first consultation.
Finding a probate attorney near me: who handles this
Heather N. Kostrub guides executors and administrators through probate in Washington and Allegheny counties. Her practice focuses on estates, wills, trusts and family succession. She is a graduate of Washington & Jefferson College. Read Heather Kostrub’s background. For Allegheny County estates, see our Pittsburgh service area.
Frequently asked questions
Do I need a probate lawyer near me to settle an estate in Pennsylvania?
Pennsylvania does not require an executor to hire a lawyer. However, the executor is personally responsible for meeting deadlines, paying debts and taxes in the right order, and treating beneficiaries fairly. A lawyer helps avoid costly mistakes, such as missed notices or early distributions. Many executors hire counsel for the filings and handle simpler tasks themselves.
What is the difference between letters testamentary and letters of administration?
Both give a personal representative legal authority over the estate. Letters testamentary go to an executor named in a will. Letters of administration go to an administrator when there is no will or the named executor cannot serve. Pennsylvania law sets an order of priority for who may serve as administrator, usually starting with the surviving spouse.
What is a short certificate in Pennsylvania?
A short certificate is a one-page document from the Register of Wills showing that you were appointed personal representative and that your letters are still in effect. Banks, brokerage firms and title companies usually ask for an original short certificate before releasing funds or retitling property. Most executors order several at the start.
When is Pennsylvania inheritance tax due?
The inheritance tax return, Form REV-1500, and the tax are due nine months after the date of death. If the tax is paid within three months of death, the estate receives a 5% discount on the amount paid. Late payment accrues interest. The return is filed with the Register of Wills in the county where the decedent lived.
Do you handle probate in Pittsburgh?
Yes. We handle estates opened at the Allegheny County Register of Wills in Pittsburgh as well as the Washington County Register of Wills. We work with executors who live nearby and those who live out of state. Every county follows the same state statutes, but local forms and procedures can differ.
Get help settling the estate
Call (304) 982-1586 or contact our office online. After you call, we explain what to do first, set a meeting, and send a short list of documents to bring. For future planning, see how a trust can simplify things for your heirs and why a durable power of attorney matters.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.