Everything you need to know about Pennsylvania probate, including helpful tips, deadlines, what forms to fill out, and where to submit them.
Chances are you’ve got a lot going on at the moment.
When someone you love dies, it can feel like getting a new job. You have to organize all your loved one’s belongings, read so many forms and sign so many documents you feel like a lawyer, and make sure the pets have a place to stay — it’s a lot, to say the least.
So, just to be clear that this is what you need and you aren’t wasting your time, this article is about navigating the probate process in Pennsylvania, specifically.
If probate still confuses the heck out of you (which is completely understandable), then you should read our article about what probate is and whether or not you even need it.
It explains if you need a lawyer, how to know if you’re the personal representative or not, and demystifies the process so you can feel confident in your choices.
Because the last thing you want is to go through all of this trouble if you don’t even have to. Believe us.
The link to that blog is right here 👇
On a broader note, probate is just part of the “estate settlement” process people spend an average of over 500 hours and $15,000 on during the first 18 months after someone dies.
That’s an enormous amount of time and responsibility, and having a step-by-step list you can just check off as you go along is a godsend.
That way you know exactly where to begin and when you can call it quits.
You can get that checklist along with an exact idea of everything you need to do when someone passes away right here.
Now that we have that settled, let’s get specific about probate in Pennsylvania.
Pennsylvania probate is the formal, court-supervised process of carrying out one's last wishes by validating their last will & testament (if any), resolving any outstanding debts or taxes, and distributing any remaining assets to rightful heirs.
Probate can be complicated, but it’s just the legal collecting of everything someone owns and officially giving it to the right people (and giving the government their cut, of course).
It begins with contacting the court and ends with all estate taxes paid, death certificates filed, and assets officially distributed to rightful heirs and surviving family members.
Probate exists to prevent families from jumping in like a bunch of sharks to claim whatever cars, bank accounts, and other assets a family member had, and to make sure things like a death certificate, funeral arrangements, and estate taxes are handled correctly.
And because probate is a legal process— the rules and procedures vary regionally based on local laws, applicable forms & other established practices.
Which is why we’ve put together this helpful resource as a comprehensive guide for anyone navigating probate in Pennsylvania.
Pennsylvania probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
And as the executor or personal representative of an estate, you are also responsible for:
✔️ Filing a petition for probate to the probate court in the country of the deceased ✔️ Deciding if there are any probate assets ✔️ Managing and locating these assets ✔️ Valuing and appraising the estate’s assets ✔️ Receiving payments and paying taxes on behalf of the estate ✔️ Setting up an estate checking account and EIN ✔️ Interpreting the will ✔️ Communicating and working with heirs/beneficiaries ✔️ If there is no will, then distributing assets according to local law ✔️ Valuing and appraising the estate’s assets ✔️ Officially notifying creditors ✔️ Following all legal deadlines ✔️ Paying funeral bills ✔️ Filing estate tax returns ✔️ Submitting death certificate ✔️ Submitting distribution receipts and officially closing the estate
There are even more tiny steps in between, but that’s the gist.
Yes, probate can feel like a lot, but remember that the process is often spread out over a year and you're even entitled to be paid executor fees as a portion of the estate (the collective value of all qualifying assets).
And having to manage all of these little details is exactly why having tools that walk you through every single step and ensure you don’t miss anything are so helpful.
So if skipping the headaches by having a step-by-step guide of what to do when someone passes in your particular jurisdiction sounds good to you, then click here.
Every single State has its own special rules, even individual counties can change how they talk about probate!
The terms used can change in name, deadlines and timelines can be different, the way assets are distributed can vary — that’s why understanding probate in general is good, but after that you need to stick to resources that address your particular jurisdiction.
Here are some of Pennsylvania’s unique distinctions:
Don’t feel like you need to memorize these or read the entire probate code, but keep this list handy in case something trips you up in the future.
The short answer is usually, but not always. The larger your estate, the more likely you are to have to go through probate — particularly if you own real estate in Pennsylvania.
Probate usually happens when:
When someone dies without a Will in Pennsylvania, state law directs who gets the decedent’s property.
This is known as dying intestate, and when this happens the property is governed by intestate succession laws.
Generally, only spouses, registered domestic partners, and blood relatives inherit under intestate succession, while unmarried partners and friends do not.
And it’s important to remember that many types of assets may be inherited outside of the probate process, regardless of whether there is a will or not.
For those items, intestate succession laws do not apply.
Some of those examples include:
There are different versions of probate in most states. They offer varying degrees of speed and complexity depending on the size and scope of the estate, and while most states and jurisdictions follow a similar flow, there’s no exact standard.
Generally speaking, it’s best to pick the shortest route you qualify for, since that speeds up the whole process and gets the property in your or your family’s hands faster than full probate will.
Part of effectively dealing with Pennsylvania probate is understanding your time constraints — you generally have to get moving quickly. It’s not ideal, but the state likes to keep things moving along to prevent backups in the courts.
People often miss deadlines during probate, which really changes and complicates the process! You don’t want to be that person!
Here are the deadlines for Pennsylvania probate that you need to know:
🚨 Heads up: Failing to properly file a notice creditors may be THE most common mistake people make during probate. If you don’t do a thorough job, you may be personally liable for the estate’s debts— which is NOT fun.
Probate is mostly filling out forms. Here is a comprehensive list you can refer back to when going through probate in Pennsylvania:
Probate and settling an estate generally costs an average of $15,000 unless you use tools that make it easier, but remember that the money you will be spending will be the estate’s money, not your own.
Yes. Being an executor or personal representative takes a lot of time, so they are usually compensated by the estate in return. If you’re doing all of the work for an estate in Pennsylvania and have been appointed the representative or administrator, then that person is you!
Pennsylvania probate is all about organizing important documents, signing forms, and fair distribution. You end up doing a ton of little things along the way like taking pictures of anything valuable, transferring titles, finding deeds, contacting relevant beneficiaries… the list goes on.
It can be a lot to keep track of, so here are some of our favorite ways to make this process feel less overwhelming:
Atticus takes this whole Pennsylvania probate process and boils it down into a simple checklist that feels manageable and makes sure you don’t forget a single thing.
With atticus, you can check off each step, see useful tips that are specific to your state, take and upload photos of any valuables, give summaries and reports to heirs, sync up your financial accounts so you don’t have to constantly update your reports, and just generally make this after-death process take as little time, money, and energy as possible.
