Below are the questions we hear most often about probate in our Murrysville office, answered in plain language by attorneys who handle these matters every day in Western Pennsylvania.
Frequently Asked Questions
My parent just died, what do I do first?
Secure the original will and death certificate. Within the first few days, locate important documents, notify the bank, and contact the decedent's attorney if they had one. Within about 30 days, the will should be filed with the Register of Wills in the county where the person lived. Pennsylvania doesn't impose a strict deadline for filing, but delays can create problems with creditors, beneficiaries, and asset preservation. Our free guide 'First 30 Days After a Death in PA' walks you through the complete timeline.
How long does probate take in Pennsylvania?
A straightforward estate typically takes 9 to 12 months from opening to final distribution. The minimum timeline is driven by the 1-year creditor claim period (Pennsylvania gives creditors one year from the date of the first newspaper advertisement to file claims) and the 9-month inheritance tax deadline. More complex estates involving real estate sales, business interests, tax disputes, or beneficiary conflicts can take 18 to 24 months or longer.
Can I be the executor if I live out of state?
Yes. Pennsylvania does not require executors to be state residents. However, serving as an out-of-state executor creates practical challenges — you may need to travel for court appearances, property inspections, and meetings with financial institutions. Having a local attorney handle the filings and day-to-day administration while you serve as executor is a common and effective arrangement.
Do I need to probate a small estate in Pennsylvania?
Pennsylvania offers simplified procedures for small estates. If the estate is valued at $50,000 or less and contains no real estate, you may qualify for Voluntary Administration under 20 Pa.C.S. § 3102, which avoids formal probate entirely. The Family Exemption allows a surviving spouse or children to claim up to $3,500 in personal property with priority over creditors. Many banks and financial institutions will release accounts under $10,000 with a death certificate and affidavit. Our Small Estate Checker tool can help you determine which options apply to your situation.
What does an executor actually do?
An executor (or personal representative) is responsible for managing the entire estate administration process: filing the will with the Register of Wills, obtaining Short Certificates, inventorying and appraising assets, opening an estate bank account, paying debts and expenses, filing the Pennsylvania inheritance tax return, publishing notice to creditors, and ultimately distributing assets to beneficiaries. Executors have a fiduciary duty to act in the best interests of all beneficiaries and can be held personally liable for mistakes.
How much does an executor get paid in Pennsylvania?
Pennsylvania law does not set a fixed executor fee schedule. Executors are entitled to 'reasonable compensation' based on the size and complexity of the estate. In practice, fees typically range from 2% to 5% of the estate's value, though the actual amount depends on the work involved. Executors who are also beneficiaries sometimes waive compensation to avoid income tax on the fee. The fee must be approved by the beneficiaries or the court if anyone objects.
What is a Short Certificate and why do I need one?
A Short Certificate (formally called 'Letters Testamentary' or 'Letters of Administration') is an official court document proving your authority to act on behalf of the estate. Banks, title companies, insurance companies, and other institutions will require an original Short Certificate before releasing assets or providing information. You obtain them from the Register of Wills after the will is probated or after you are appointed administrator. Most executors order 8 to 12 original copies because many institutions require an original — not a photocopy.
Is Pennsylvania inheritance tax the same as estate tax?
No. Pennsylvania inheritance tax is paid by the person receiving the inheritance, not the estate itself (though the estate often pays it on behalf of beneficiaries). The rate depends on the relationship between the deceased and the beneficiary: 0% for surviving spouses, 4.5% for children and lineal descendants, 12% for siblings, and 15% for all others. There is a 5% discount if the tax is paid within 3 months of the date of death. Federal estate tax is separate and only applies to estates exceeding $13.99 million (2025 threshold).