PA Executor Guide
Pennsylvania Probate Process: How to Probate a Will, Step by Step
What probate is in Pennsylvania and how it works in plain English, from the Register of Wills to closing the estate.
- advertises the grant of letters once a week for three successive weeks;
- sends notice to beneficiaries within 3 months;
- files the inheritance tax return (REV-1500) 9 months after death, with a 5% discount for paying within 3 months;
- generally distributes after the one-year creditor mark.
What is probate in Pennsylvania?
Probate is the step that proves the will and gives the personal representative legal authority to act. In Pennsylvania it is handled by the county Register of Wills. Disputes go to the Orphans’ Court Division of the Court of Common Pleas. The larger job that follows — gathering assets, paying debts and the inheritance tax, and distributing — is administering the estate. The law is in Title 20 of the Pennsylvania Consolidated Statutes (the Probate, Estates and Fiduciaries Code). If there is no will, the Register grants letters of administration: first to the surviving spouse, then to the heirs (20 Pa.C.S. § 3155). The shares follow Pennsylvania’s intestacy law. Small estates of $50,000 or less in personal property can use a simpler petition.
1 File with the Register of Wills
File in the county of the decedent’s last family or principal residence (20 Pa.C.S. § 3151). The filing includes the original will, a certified death certificate and the statewide Petition for Grant of Letters (Form RW-02). Supporting documents vary by county. If everything is in order, the Register admits the will and grants Letters Testamentary (or Letters of Administration if there is no will), often the same day. An executor named in the will who lives in Pennsylvania generally needs no bond unless the will or the court requires one. Fees are set by each county; there is no statewide schedule. Details: letters testamentary in PA.
2 Advertise the grant of letters
Immediately after letters are granted, the grant is advertised once a week for three successive weeks in a newspaper of general circulation and in the county legal journal (20 Pa.C.S. § 3162). The first complete advertisement starts Pennsylvania’s one-year creditor clock, so prompt advertising shortens the estate.
3 Notify the beneficiaries within 3 months
Within 3 months after letters, written notice goes to every beneficiary under the will, and to the surviving spouse and children even if they are not named (Orphans’ Court Rule 10.5, Form RW-07). A certification that notice was given is filed with the Register within 10 days after that (Form RW-08).
4 Get an EIN and open an estate account
Apply for a federal tax ID (EIN) for the estate, then open an estate bank account. All estate money flows through this account, never a personal one. Keep a record of everything in and out.
5 Inventory and value the assets
Identify and value everything the decedent owned as of the date of death: real estate, bank and investment accounts, vehicles, personal property and business interests. These date-of-death values also feed the inheritance tax return. Confirm the inventory filing with your Register of Wills.
6 Pay debts and the inheritance tax
Pay valid debts and expenses from the estate account in their order of priority. The Pennsylvania inheritance tax return (Form REV-1500) is due 9 months after death, with a 5% discount on tax paid within 3 months (full PA inheritance-tax breakdown). A decedent’s old debts also have their own limitation period: see the PA statute of limitations on debt.
7 Account, distribute and close
One year after the first complete advertisement, the personal representative may distribute without liability to claimants they did not know about (20 Pa.C.S. § 3532). A claim they do know about still counts. After that, an accounting is prepared: formally, filed with the Orphans’ Court, or informally by agreement among the beneficiaries. What remains is distributed under the will, with receipts and releases, and the estate is closed. How long all of this takes →
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Frequently asked questions
How much does probate cost in Pennsylvania?
Register of Wills fees are set by each county, and there is no statewide schedule, so the cost of letters and short certificates varies with the county and often with the size of the estate. Attorney and accountant fees, where used, are separate and paid by the estate. See what probate attorneys typically charge.
What is probate in PA?
Probate is the step that proves a will and gives the personal representative authority to act. In Pennsylvania it happens at the county Register of Wills, which grants letters; disputes go to the Orphans’ Court Division of the Court of Common Pleas. The rules are in Title 20 of the Pennsylvania Consolidated Statutes.
How do you settle an estate in Pennsylvania?
In Pennsylvania you file with the county Register of Wills to be granted Letters, advertise the grant of letters, get an estate EIN and bank account, inventory and value the assets, notify heirs and creditors, pay valid debts and the inheritance tax, then account and distribute what remains before closing the estate.
Do you have to go through probate in Pennsylvania?
Assets that pass by will or to no named beneficiary generally go through probate via the Register of Wills. Assets with a beneficiary designation or joint ownership — like life insurance, retirement accounts, or jointly held property — usually pass outside probate.
Do you need a lawyer to settle an estate in PA?
Pennsylvania does not require an executor to hire an attorney, but many do for larger or contested estates, real estate sales, or formal Orphans' Court accountings. Simple estates are often handled by the executor with help confirming deadlines and forms. (See what probate attorneys typically charge and who pays.)