Understanding the Estate Process in Pennsylvania: A Guide for Families and Executors
When a loved one passes away, families are often left not only with grief but also with the task of settling the estate. In Pennsylvania, this process—known as estate administration—follows specific legal steps that can seem overwhelming at first. Whether you’ve been named as an executor or you’re just trying to understand what comes next, this blog breaks down the key elements of the estate process in the Keystone State. At Girl Buys Houses we work with homeowners selling estate properties all over Pennsylvania.
1. Is Probate Required in Pennsylvania?
Probate is the legal process used to administer a person’s estate after death. In Pennsylvania, not all assets need to go through probate. Assets held jointly with rights of survivorship, payable-on-death accounts, life insurance with a named beneficiary, and trust property typically bypass the probate process.
However, if the deceased owned assets solely in their name—like a home, car, or bank accounts—probate is likely required.
2. First Steps After Death
The estate process usually begins with these steps:
- Locate the Will: If there is a will, it names an executor who is responsible for managing the estate. If no will exists, the estate is considered intestate, and the court appoints an administrator (usually a close relative).
- Order the Death Certificate: You’ll need multiple certified copies to handle everything from banking to government notifications.
3. Opening the Estate
To officially start the estate process:
- File a Petition for Probate: This is done at the Register of Wills in the county where the deceased resided.
- Receive Letters Testamentary or Letters of Administration: These documents give the executor (or administrator) legal authority to act on behalf of the estate.
4. Notifying Beneficiaries and Creditors
Pennsylvania law requires executors to:
- Notify Heirs and Beneficiaries: Within three months of appointment, the executor must send notice to all individuals named in the will (or who would inherit under intestate laws).
- Advertise the Estate: A legal notice must be published in two newspapers (one legal publication and one general circulation) to alert creditors. Creditors then have one year to file claims.
5. Inventory and Appraisal
The executor must identify, collect, and value all assets of the estate. This includes:
- Bank accounts
- Real estate
- Vehicles
- Investments
- Personal property
An official inventory must be filed with the court.
6. Paying Debts and Taxes
Before distributing assets, the executor must:
- Pay any outstanding debts and valid claims
- File and pay the Pennsylvania Inheritance Tax, which ranges from 0% to 15% depending on the relationship to the deceased
- File final federal and state income tax returns
- Possibly file an estate tax return, although this typically applies only to large estates
7. Distributing Assets
Once debts and taxes are paid, the executor can distribute the remaining assets to heirs and beneficiaries according to the will or Pennsylvania intestacy laws.
If there are disputes among heirs, or if the estate is complex, the process can take longer and may require court intervention.
8. Closing the Estate
Finally, the executor may:
- File a status report or formal accounting with the court (if required)
- Have beneficiaries sign a Receipt and Release form
- Petition the court to close the estate officially
Final Thoughts
The estate process in Pennsylvania can take anywhere from a few months to over a year, depending on the size and complexity of the estate. Working with a probate attorney can help simplify the process and ensure compliance with all legal obligations.
While no one likes to think about probate during an emotional time, understanding what to expect can provide clarity and peace of mind during a difficult period.
Need Help?
If you’re navigating the Pennsylvania estate process and need professional guidance, consider speaking with an experienced estate attorney who can help you every step of the way. At Girl Buys Houses we have regular attorneys we work with all the time to help families through the estate process. Fill out our contact form and we are happy to connect you!