Probate Attorney Westmoreland County PA — Estate Administration

What is Probate in Pennsylvania?

When someone passes away in Pennsylvania, their estate typically goes through probate, a court-supervised process that ensures the decedent's debts are paid, taxes are filed, and assets are distributed to the proper beneficiaries. The process begins by filing the original will with the Register of Wills in the county where the decedent resided and petitioning for Letters Testamentary (if there is a will) or Letters of Administration (if there is no will).

Contrary to what many estate planning seminars suggest, probate in Pennsylvania is generally straightforward and affordable. For a typical estate, a home, a car, bank accounts, and retirement accounts under $1 million, total probate costs including filing fees, the inventory fee, and a Family Settlement Agreement run approximately $1,325. Pennsylvania does not require lengthy court hearings or expensive probate attorneys the way some other states do.

How We Help Executors and Administrators

Being named as executor or administrator of an estate is a significant responsibility. You are personally liable for the proper handling of estate assets, timely payment of debts and taxes, and accurate distribution to beneficiaries. Our attorneys guide executors and administrators through every phase of the process, including:

• Probate Filing — Preparing and filing the petition for probate, obtaining Letters Testamentary or Letters of Administration, and handling all Register of Wills requirements.
• Estate Notice and Creditor Claims — Publishing the required estate notice in a newspaper of general circulation and the county legal journal, and sending direct notice to known creditors and beneficiaries.
• Asset Inventory and Valuation — Identifying, securing, and valuing all estate assets as of the date of death, and filing the inventory with the Register of Wills.
• Debt and Expense Payment — Reviewing and paying valid creditor claims, ongoing expenses such as mortgages and utilities, and funeral costs in accordance with Pennsylvania's priority of payment rules.
• Tax Filings — Preparing the Pennsylvania Inheritance Tax Return (REV-1500), the decedent's final income tax returns, and any estate income tax returns (Form 1041). We advise on the 5% discount available for inheritance tax paid within three months of death.
• Accounting and Distribution — Preparing a formal or informal accounting of all estate transactions, obtaining receipts and releases from beneficiaries, and making final distributions.

Trust Administration

If the decedent established a revocable living trust, the successor trustee has many of the same obligations as an executor — securing assets, paying debts and taxes, notifying beneficiaries, and making distributions according to the trust terms. The key difference is that trust administration occurs outside the court system. Learn more about trust administration →

Pennsylvania Inheritance Tax

Pennsylvania imposes an inheritance tax on most assets transferred at death. The rate depends on the relationship between the decedent and the beneficiary: 0% for surviving spouses, 4.5% for children and lineal descendants, 12% for siblings, and 15% for all others. Paying the tax within three months of death qualifies the estate for a 5% discount on the tax owed, a meaningful savings that we help every client take advantage of when possible.

What to Expect When You Work With Us

Common Mistakes We Help You Avoid

Executors and administrators often make costly errors without proper legal guidance. These include distributing assets before all debts and taxes are settled, failing to advertise the estate or notify creditors, missing the inheritance tax filing deadline, paying claims out of priority order, and failing to obtain proper releases from beneficiaries before distribution. Personal liability for these mistakes can fall directly on the executor.

If you have been named as executor or administrator, or if a loved one has recently passed away and you need guidance on next steps, call (724) 733-3500 or contact us online to schedule a consultation.

Situations We Handle

No two estates are alike, and our probate practice covers the full range of complexity:

• Straightforward will with cooperative beneficiaries: A parent passes with a clear will, modest assets, and beneficiaries who get along. We guide the executor through the Register of Wills filing in Westmoreland County, obtain Short Certificates, notify creditors, file the PA Inheritance Tax Return (REV-1500), and distribute assets, often completing the process within nine to twelve months.
• Intestate estate with blended family: A decedent dies without a will, leaving a surviving spouse and children from a prior marriage. Under Pennsylvania intestacy law (20 Pa.C.S. § 2102), when there are children who are not children of the surviving spouse, the spouse receives one-half of the estate with no preferential share. We navigate these sensitive family dynamics, ensure statutory requirements are met, and help all parties understand their legal rights.
• Estate with out-of-state property: When the decedent owned real estate in another state, ancillary probate may be required in that jurisdiction. We coordinate with local counsel in the other state while managing the primary Pennsylvania estate, ensuring that all property is properly administered and transferred.
• Contested will or undue influence claim: When a beneficiary challenges the validity of a will, alleging lack of capacity or undue influence, we defend the will on behalf of the executor or advise challengers on the strength of their claim under Pennsylvania's burden of proof standards, and coordinate with litigation counsel when the matter requires court proceedings.

Frequently Asked Questions