How does probate work in Pennsylvania?
1. Governing Code. Pennsylvania Probate, Estates and Fiduciaries Code (PEF Code), 20 Pa.C.S. §§ 101-8815. Pennsylvania has not adopted the UPC, although the PEF Code borrows from it.
2. Court. Orphans' Court Division of the Court of Common Pleas in the county of the decedent's domicile (20 Pa.C.S. § 711).
3. Petition to Open. Petition for Grant of Letters filed with the Register of Wills (not the court directly) in the county of domicile under 20 Pa.C.S. § 3151.
4. Letters Testamentary / Letters of Administration. Issued by the Register of Wills under 20 Pa.C.S. § 3155 after the will is probated or, if intestate, after appointment of the administrator.
5. Notice to Creditors. Publication once a week for 3 successive weeks in a newspaper of general circulation and a legal journal under 20 Pa.C.S. § 3162. Creditor claims must be presented within 1 year of first publication before the personal representative may safely distribute.
6. Inventory. Filed with the Register of Wills within 9 months of death (in time for the Inheritance Tax return) under 20 Pa.C.S. § 3301.
7. Informal Administration. Pennsylvania uses an unsupervised administration model - once Letters issue, the personal representative acts with broad statutory powers under 20 Pa.C.S. § 3311, and court involvement is limited to disputed matters or final accountings.
8. Small-Estate Settlement. 20 Pa.C.S. § 3102 allows summary settlement when personal property does not exceed $50,000, excluding real property, family exemption, and funeral expenses. Real estate is transferred separately.
9. Closing. Family Settlement Agreement is common; formal First and Final Account filed with the Orphans' Court under 20 Pa.C.S. § 3501.1 when contested.
10. Probate Avoidance. Revocable living trust, joint tenancy with right of survivorship, tenancy by the entireties for married couples, POD/TOD accounts, beneficiary designations. Pennsylvania does not have a statutory TOD deed for real property.
This is legal information, not legal advice.
- Pennsylvania Inheritance Tax return preparation (rates 0%-15%)
- Will contest or claims of undue influence or lack of capacity
- Disputes among beneficiaries over distribution or accounting
- 20 Pa.C.S. § 3151
- 20 Pa.C.S. § 3102
- 20 Pa.C.S. § 3162
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.