Short answer: Probate in Pennsylvania is the legal process of proving a will, appointing someone to settle the estate, paying debts and taxes, and passing what is left to the people entitled to it. It starts with the Register of Wills in the county where the person lived. Compared with many states, Pennsylvania probate is fairly simple, and most estates are handled without hearings in front of a judge.
This guide explains what probate is in PA, when it is needed, and the Pennsylvania probate process step by step, with the deadlines executors in Washington County and across the state need to know.
What is probate in PA?
When someone dies, their property does not automatically move into their family’s names. Probate gives a person, called the personal representative, legal authority to collect the property, deal with banks and other institutions, pay valid bills and taxes, and transfer what remains.
- If there is a will, the person named in it is the executor, and the Register of Wills issues letters testamentary.
- If there is no will, a family member usually applies to be administrator, and receives letters of administration. Pennsylvania’s intestate succession rules then decide who inherits.
Is probate required in Pennsylvania?
Probate is usually needed when the person owned property in their name alone with no surviving co-owner or named beneficiary, such as a house, a car or a bank account. It is usually not needed for:
- Property owned jointly with a right of survivorship, including a home owned by a married couple
- Life insurance, retirement accounts and payable-on-death accounts with a living beneficiary
- Property held in a living trust
- Small estates that qualify for the $20,000 bank rule or the $50,000 small estate petition
Pennsylvania inheritance tax applies whether or not probate is needed.
The Pennsylvania probate process, step by step
Step 1: Find the original will and gather documents
You will need the original will, a certified death certificate, and basic information about the person’s family and property.
Step 2: File with the Register of Wills
The executor or administrator files a petition with the Register of Wills in the county where the person lived, such as the Washington County Register of Wills. The will is “probated” when the Register accepts it as valid. If the will was not signed with a self-proving affidavit, witnesses may need to confirm the signature. Filing fees vary by county and by the size of the estate.
Step 3: Receive letters
The Register issues letters testamentary or letters of administration. Banks, the Department of Revenue and others will ask for short certificates, which are certified copies of these letters.
Step 4: Advertise the estate and notify heirs
Notice of the estate is published once a week for three weeks in a local newspaper and the county legal journal. Within three months of the grant of letters, the personal representative sends notice to beneficiaries and heirs under Orphans’ Court Rule 10.5 and files a certification with the Register.
Step 5: Collect and value the assets
Open an estate bank account, collect money owed to the estate, and value everything as of the date of death. Real estate and mineral rights often need a professional appraisal. The inventory is filed within nine months of the date of death.
Step 6: Pay debts, expenses and taxes
Pay valid debts, funeral costs and estate expenses. File the Pennsylvania inheritance tax return (REV-1500), which is due nine months after death, with a 5% discount for tax paid within three months. Estimate it with our PA inheritance tax calculator. Final income tax returns are also required.
Step 7: Account and distribute
Prepare an accounting for the beneficiaries. Most families settle the estate informally, with receipts and releases signed by each beneficiary. If there is a dispute, the account can be filed with the Orphans’ Court for approval. Many executors wait until a year after the first advertisement before making final distributions, because creditors can still make claims.
Step 8: Close the estate
Transfer titles and deeds to the beneficiaries, including any oil and gas interests, and notify royalty payers of the new owners. If the estate is still open two years after the date of death, a status report must be filed with the Register of Wills.
Our free executor checklist and deadline calculator turns these steps into a checklist with your own dates.
How long does probate take in Pennsylvania?
A simple estate often takes about a year. Estates with real estate to sell, mineral interests, disputes or tax issues can take longer. See our guide to how long probate takes in Pennsylvania.
How much does probate cost?
Costs include the Register of Wills filing fees, advertising, appraisals, and any attorney and executor fees. Attorney fees depend on the size and complexity of the estate. Ask for a fee estimate up front.
Frequently asked questions
Do you have to go to court for probate in PA?
Usually not. Most Pennsylvania estates are handled through the Register of Wills without a court hearing. The Orphans’ Court becomes involved when there is a dispute or a formal accounting.
How soon after death must a will be probated in Pennsylvania?
There is no short fixed deadline to probate a will, but the inheritance tax deadlines run from the date of death, and assets cannot be transferred until someone has authority. It is best to start within a few weeks.
Can I avoid probate in Pennsylvania?
Often, with planning. Trusts, joint ownership and beneficiary designations can keep property out of probate. Read our guide to avoiding probate in Pennsylvania.
Settling an estate in Washington County or the Pittsburgh area? Heather N. Kostrub handles probate and estate administration. Call (304) 982-1586.