How Probate Works in Pennsylvania: A Step-by-Step Guide

Probate is the legal process of settling a deceased person's estate—an unfamiliar term to many, but a reality that most families eventually face. In Pennsylvania, the process follows state-specific rules that govern how assets are distributed, debts are paid, and disputes are resolved. This guide outlines what to expect, how to prepare, and what steps you can take to make the probate experience as smooth as possible.

1. Initiating Probate with the Register of Wills

Probate in Pennsylvania begins with filing a petition at the Register of Wills in the county where the decedent resided. The person named as executor in the will—or an administrator if there’s no will—must present:

The original will (if one exists)
A certified copy of the death certificate
A completed probate petition and supporting forms

Once the Register of Wills approves the petition, they issue Letters Testamentary or Letters of Administration. This gives the personal representative legal authority to handle the estate.

2. Understanding Small Estate Options

If the estate is valued at $50,000 or less (excluding real estate and certain other exemptions), Pennsylvania allows a simplified procedure called a small estate affidavit. This option avoids the full probate process and can significantly reduce time and legal expenses.

3. Publishing Estate Notices

Pennsylvania law requires public notice of the estate opening to be published in two places:

A legal newspaper designated by the court
A newspaper of general circulation in the county

This alerts potential creditors that they have one year to file any claims.

4. Marshaling and Inventorying Assets

The executor or administrator must identify and secure all estate assets, including:

Bank accounts and investments
Personal property and real estate
Retirement accounts and life insurance (unless beneficiaries are designated)

An official inventory is then filed with the court. This becomes the roadmap for distributing the estate.

5. Paying Debts and Taxes

Before heirs receive any distribution, the estate must resolve outstanding obligations, such as:

Funeral expenses
Credit card balances and medical bills
Pennsylvania inheritance tax (filed within nine months of death)

Inheritance tax rates vary based on relationship to the deceased: 0% for spouses, 4.5% for children and grandchildren, 12% for siblings, and 15% for others.

6. Dealing with Real Estate

Unlike some states, Pennsylvania does not automatically include real estate in the probate estate unless it is solely titled in the decedent’s name. Joint ownership, transfer-on-death deeds, and certain trusts can all affect whether probate is needed for property transfers.

7. Resolving Disputes

Challenges to a will or executor's actions can trigger formal litigation. Common disputes involve claims of undue influence, improper execution, or disagreements between beneficiaries. Mediation or formal court hearings may be required to resolve these issues.

8. Distributing the Estate

Once all debts and taxes are paid, and any legal objections resolved, the executor can distribute the remaining assets in accordance with the will or intestacy laws (if no will exists). A formal accounting may be filed with the court to close out the estate.

9. Managing the Timeline

A typical Pennsylvania probate case takes 9 to 18 months to resolve. However, delays can occur if:

The estate is complex
Real estate is involved
There are contested claims

Staying organized and responsive helps reduce these delays.

10. Hiring a Probate Attorney

While not required by law, hiring a probate attorney is highly recommended—especially for larger estates or those with tax complexities, business interests, or intra-family tension. An attorney ensures legal compliance and protects the executor from personal liability.

Need Probate Help in Pennsylvania?

Falvello Law has guided families across Luzerne County and beyond through every phase of estate administration. Whether you’re named as executor, facing estate questions, or unsure where to start, we’re here to provide clarity and legal support every step of the way.

Schedule a consultation today to get the guidance you need.