A Beginner's Guide to Understanding Probate in Pennsylvania

Understanding probate is essential for anyone involved in the administration of an estate. Whether you're a beneficiary, an executor, or someone planning your own estate, knowing how probate works in Pennsylvania can help you prepare.

What Is Probate?

Probate is the legal process by which a deceased person's assets are collected, debts are paid, and the remaining assets are distributed to beneficiaries according to the terms of the will — or according to state law if there is no will. In Pennsylvania, probate is overseen by the Orphans' Court.

When Is Probate Required?

Not all estates need full probate. Generally, probate is required if the deceased owned real estate solely in their name, titled assets (bank accounts, vehicles, investments) solely in their name, or personal property of significant value.

However, some assets bypass probate entirely, including jointly owned property with rights of survivorship, assets with designated beneficiaries (life insurance, retirement accounts), and assets held in a trust.

The Probate Process in Pennsylvania

Filing the Will

The process begins with filing the will and a petition for probate with the Register of Wills in the county where the deceased lived. If there is no will, a petition for administration is filed instead.

Appointing an Executor

If the will names an executor, the court confirms their appointment. If there is no will, the court appoints an administrator to handle the estate.

Inventorying Assets

The executor identifies, gathers, and values all assets owned by the deceased, including real estate, bank accounts, investments, and personal property.

Notifying Creditors

Creditors must be notified of the death and given the opportunity to make claims against the estate. A notice is typically published in a local newspaper.

Paying Debts and Taxes

The executor pays valid debts, files final income tax returns, and files the Pennsylvania Inheritance Tax return (REV-1500 or REV-1510).

Distributing Assets

After all debts and taxes are settled, the remaining assets are distributed to beneficiaries according to the will or Pennsylvania intestacy law.

Tips for a Smoother Probate Process

Planning ahead is the best way to simplify probate for your loved ones. Consider creating a comprehensive estate plan, using beneficiary designations where possible, titling assets to avoid probate (joint ownership, trusts), and keeping important documents organized and accessible.

If you're facing probate in Pennsylvania, contact the attorneys at Ament Law Group at (724) 733-3500 for experienced guidance through every step of the process.