Pennsylvania Probate Court
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Table of Contents
Probate is the legal process of transferring a deceased’s assets, which includes validating the will, paying debts, and distributing the remaining assets to their heirs. In Pennsylvania, probate matters are governed by the Orphans’ Court Division of the Court of Common Pleas in each county.
How the Probate Process Works in Pennsylvania
The Pennsylvania probate process begins when an interested party files a petition with the Register of Wills in the county where the decedent lived. The local Orphans’ Court appoints a personal representative (an executor or administrator) to manage the assets. Once the court appoints the executor or administrator, they must notify all heirs and creditors, prepare an inventory of assets, and pay all outstanding debts and taxes. Afterward, they distribute the remaining assets to the beneficiaries.
In Pennsylvania, most probate matters are handled without formal court hearings. However, where disputes occur over wills or estate administration, the probate processes are transferred to the Orphans’ Court for a formal hearing. This process may last from nine months to a year, depending on the complexity of the probate matter.
What Are the Costs of Probate in Pennsylvania?
Probate costs in Pennsylvania include filing fees, executor commissions, attorney fees, and other administrative charges. The filing fees, set by the Register of Wills, vary by county, depending on the size of the estate or assets. The executors are entitled to reasonable compensation, usually calculated as a percentage of the estate. Other administrative costs include inheritance tax filings, publication of notices, appraisals, and certified copies.
Types of Probate Cases in Pennsylvania
Pennsylvania's probate law encompasses various types of proceedings, which include the following:
- Testate Probate: When the decedent left a valid will for the beneficiaries.
- Intestate Probate: The Pennsylvania intestacy law guides the probate process where there is no will.
- AncillaryProbateorAdministration: Handles the estates of decedents who are not residents of Pennsylvania.
- Grant of Letters (Full Probate): Used for estates with values of more than $50,000 with supervision by the court.
- Small Estate Petitions (Summary Administration): Applied in estates valued under $50,000 (excluding real estate).
- Temporary FiduciaryAdministration: A temporary administrative proceeding to manage a deceased’s affairs urgently when the court has not appointed an executor or administrator.
Pennsylvania Probate Court Forms and Filing Instructions
Individuals may obtain probate forms through each county’s Register of Wills office and sometimes on the county court’s website. There are different local rules in the administration of probate matters across the various counties in Pennsylvania. Therefore, applicants must contact the local Register of Wills to obtain all necessary information about filing in the court.
How Pennsylvania Probate Courts Work at the County Level
Contact the county Register of Wills and Orphans’ Court Division for the latest guidelines on probate matters. Some Orphans Courts in the ten most populous counties in Pennsylvania are listed below:
- Philadelphia County – One of the busiest probate offices, with online docket access.
- Allegheny County (Pittsburgh) – Comprehensive probate guidance and forms available online.
- Montgomery County (Norristown) – Offers small estate petition services.
- Bucks County (Doylestown) – Probate handled by the Register of Wills with Orphans’ Court oversight for disputes.
- Delaware County (Media) – Provides probate filing checklists and inheritance tax guidance.
- Lancaster County – Probate filings supported by the local Register of Wills.
- Chester County (West Chester) – Offers e-filing and in-person services for probate petitions.
- York County – Probate services and inheritance tax support at the county courthouse.
- Berks County (Reading) – Provides probate forms and instructions through the Register of Wills.
- Lehigh County (Allentown) – Probate filings available in person with guidance for executors.
How to Search Probate Records in Pennsylvania
Individuals may access Pennsylvania Probate Court records online through the Unified Judicial System of Pennsylvania Web Portal. Some counties, like Schuylkill, Philadelphia, and Allegheny, provide online docket searches where individuals may find probate records. Applicants are required to pay a fee to obtain certified copies of probate documents.