Probate FAQs

Probate is the legal process of administering a deceased person’s estate, ensuring that debts are paid and assets are distributed according to the will (or state law if there is no will).

In Pennsylvania, probate is required if the decedent owned assets solely in their name with no designated beneficiary (such as real estate, bank accounts, or personal property). Probate may be unnecessary if all assets pass automatically via joint ownership or beneficiary designations.

The probate process in Pennsylvania typically takes 9 to 18 months, but complex cases can take longer. Factors that impact the timeline include:

• Whether there is a valid will
• The size and complexity of the estate
• Any disputes or legal challenges
• Tax and creditor claims

To avoid probate, you can:

• Establish a revocable living trust
• Designate beneficiaries on life insurance and retirement accounts
• Hold assets in joint ownership with rights of survivorship
• Use payable-on-death (POD) or transfer-on-death (TOD) designations for bank accounts and securities

Avoiding probate can expedite the transfer of assets and reduce legal costs.

The probate process in Pennsylvania generally follows these steps:

• Filing the Petition
• Appointment of an Executor or Administrator
• Notice to Heirs & Creditors
• Inventory of Assets Payment of Debts & Taxes Distribution of Assets Closing the Estate

Probate petitions are filed in the Register of Wills office in the county where the decedent lived at the time of death. The petition must include:

• The original will (if one exists)
• A certified death certificate
• A petition for probate and grant of letters (to appoint an executor or administrator)
• An estimated value of the estate

If someone dies without a will (intestate), Pennsylvania’s intestacy laws determine how their assets are distributed. The Register of Wills will appoint an administrator who must:

• Identify and notify heirs.
• Pay outstanding debts and taxes.
• Distribute assets according to Pennsylvania intestacy laws (typically to the spouse, children, or next of kin).

The lack of a will may lead to family disputes, delays, and court intervention.

"Intestate" means dying without a legally valid will. In this case, the estate is distributed based on state laws rather than the decedent’s wishes. In Pennsylvania, the order of inheritance generally follows:

• Spouse and children
• Parents (if no spouse or children)
• Siblings (if no parents, spouse, or children)
• Distant relatives
• the estate may escheat to the state if no relatives are found.

If no executor is named in a will, the Register of Wills appoints an administrator. Typically, priority is given to:

• Surviving spouse
• Children
• Parents
• Siblings
• Other next of kin

The administrator has the same duties as an executor: paying debts, managing assets, and distributing the estate per intestacy laws.

To probate a will in Pennsylvania, you typically need:

• The original will
• A certified death certificate
• A probate petition (requesting the appointment of an executor)
• List of heirs and beneficiaries
• Estate inventory and estimated value

Additional documents may be required for disputes, debts, or unusual assets.

If a will cannot be found, the estate will proceed as intestate unless a copy is proven valid in court. If you believe a will existed but was lost or destroyed:

• Check with the decedent’s attorney, bank, or personal safe.
• Ask family members if they have a copy or know its location.
• Petition the court if you believe someone is withholding the will.

If no will is located, the estate follows Pennsylvania intestacy laws.

If an estate has more debts than assets, it is considered insolvent. The administrator must:

• Prioritize payments
• Settle debts in order
• Distribute remaining assets
• File for estate closure

Family members are not personally responsible for unpaid debts unless they co-signed or guaranteed them.

Pennsylvania does not have a strict deadline for filing probate, but it is typically filed within a few months of death to avoid complications. However:

• Inheritance tax is due within 9 months of death to avoid penalties.
• Creditors can file claims for debts within 1 year of death.
• Delays in filing may lead to complications, missed tax deadlines, and difficulties distributing assets.

Filing probate early ensures a smoother administration process.

Probate may not be required if:

• The deceased’s assets were held in joint tenancy (e.g., jointly owned real estate or bank accounts).
• The deceased had designated beneficiaries on life insurance policies, retirement accounts, or transfer-on-death (TOD) assets.
• The estate qualifies as a small estate (valued under $50,000, excluding real estate), which may be eligible for a simplified probate process.

Proper estate planning, including trusts, beneficiary designations, and joint ownership, can often avoid or minimize probate.