Pennsylvania Probate Guide
If you've just lost someone and are facing the Pennsylvania probate process — this guide walks you through what it costs, how long it takes, the exact filings Pennsylvania requires, and whether you can avoid formal probate entirely.
Typical Timeline
12–24 months
Uncontested formal probate
Small Estate Threshold
$50,000
Settlement of Small Estates on Petition (20 Pa.C.S. § 3102)
Court
Register of Wills (probate); Orphans' Court Division (disputes)
Filing fee: $200–$500
Executor Commission
Reasonable fee
~$34,000 on a $1M estate
Probate is required when the decedent owned real estate or significant personal property in their sole name. Pennsylvania does not authorize TOD deeds for real estate, so real property typically goes through probate unless held in joint tenancy or a trust. TOD/POD financial accounts and beneficiary designations bypass probate.
Pennsylvania probate typically takes 12 to 24 months because the creditor claim period runs one year from the date of death. Inheritance tax due 9 months after death also drives the timeline.
Pennsylvania's Settlement of Small Estates on Petition (20 Pa.C.S. § 3102) allows qualifying estates to skip formal probate.
| If the death occurred… | Small estate threshold |
|---|---|
| Petition for settlement of small estate (20 Pa.C.S. § 3102) | $50,000 |
| Simplified deposit-account transfer per institution (raised from $10,000 in January 2026) | $20,000 |
When the gross personal estate (excluding real estate and the family exemption) does not exceed $50,000, interested parties can petition the Orphans' Court division for a simplified distribution. As of January 2026, the simplified deposit-account transfer threshold increased from $10,000 to $20,000 per institution.
Pennsylvania law requires 'reasonable and just' executor compensation under 20 Pa.C.S. § 3537. There is no statutory schedule, but Orphans' Court judges commonly apply the Johnson Estate (1983) schedule as a benchmark.
Example: An estate valued at $1,000,000 would yield an executor commission of approximately $34,000.
Attorney fees:
Attorney fees must also be reasonable; many practitioners use the Johnson schedule as a guide for both executor and attorney compensation, but judges can adjust either based on actual work.
Multiple co-executors:
Co-executors are not each entitled to a full fee — they share a single reasonable commission allocated by the court if they cannot agree.
Statute: 20 Pa.C.S. § 3537
Enter the estate's gross value to estimate statutory probate costs in Pennsylvania.
Executor commission
Statutory (20 Pa.C.S. § 3537)
$19,000
Attorney fees
Not statutory in Pennsylvania — negotiated separately (hourly, flat, or % of estate, typically 2–4%).
varies
Court filing fee
Sliding scale $200–$500
$200+
Estimated statutory total
$19,200 + attorney fees
Estimate only. Excludes extraordinary executor fees, bond premiums, appraisal fees, publication costs, accounting fees, and Pennsylvania-specific surcharges. Does not constitute legal or financial advice.
Bond is generally not required for an executor named in a will (unless the will requires it). Administrators (no will) usually must post bond unless the Register waives it for cause.
Statute: 20 Pa.C.S. § 3174
Pennsylvania has no state estate tax but imposes an inheritance tax with rates that depend on the heir's relationship to the decedent: 0% for spouses and charities, 4.5% for lineal descendants (children, grandchildren) and parents, 12% for siblings, and 15% for all other beneficiaries. PA's 15% non-relative rate is the highest among states with inheritance tax. Federal estate tax separately applies only above $15M per individual / $30M per couple (2026 OBBBA). Example: $500,000 left to a sibling triggers $60,000 in Pennsylvania inheritance tax (12%); the same amount left to a non-relative friend triggers $75,000 (15%).
Filing deadline:
Inheritance tax return (REV-1500) is due 9 months after death; a 5% discount applies if the tax is paid within 3 months.
Statute: 72 P.S. §§ 9101–9196
A surviving spouse has a right to elect against the will under 20 Pa.C.S. § 2203 for one-third of property passing by will, intestacy, or certain lifetime transfers retained by the decedent. The election must be filed within 6 months of the decedent's death or letters issuance, whichever is later.
Pennsylvania's Medical Assistance Estate Recovery Program recovers nursing facility, home and community-based, and related medical service costs from probate estates of Medicaid recipients aged 55+. Recovery is deferred during a surviving spouse's lifetime and while a minor or disabled child survives. The program is generally limited to probate assets, so non-probate planning is highly effective.
The full Pennsylvania executor checklist has 25 milestones: 1 specific to Pennsylvania law (shown below — filings, forms, and court interactions tied to Pennsylvania statutes) and 24 universal duties that apply in every state (expandable at the end of the list). The same item never appears in both groups.
Distribute specific bequests
Distribute specific bequests and devises as directed by the will. Obtain signed receipts and releases from each beneficiary. Be aware of the Pennsylvania elective share: the surviving spouse has the right to elect against the will and claim one-third of the augmented estate under 20 Pa.C.S. Section 2203.
Obtain certified death certificates
Order at least 10-12 certified copies of the death certificate from the Pennsylvania Department of Health, Division of Vital Records, or from the local Register of Wills office. These are needed for the court, financial institutions, insurance companies, and government agencies.
Locate and review the will
Search the decedent's records for the original will and any codicils. Under Pennsylvania law, the will must be presented to the Register of Wills in the county where the decedent was domiciled. Pennsylvania recognizes holographic (handwritten) wills if they meet certain criteria.
Secure estate property and valuables
Immediately secure the decedent's residence by changing locks if necessary. Safeguard valuables such as jewelry, cash, important documents, firearms, and collectibles. If the home will be vacant, arrange for regular checks, maintain climate control, and notify the homeowner's insurance carrier of the vacancy. Secure vehicles, safe deposit boxes, and storage units. Document the condition of all property with photographs.
File the will and petition for grant of Letters with the Register of Wills
Present the original will and the Petition for Grant of Letters Testamentary (or Letters of Administration if intestate) to the Register of Wills in the county where the decedent resided. In Pennsylvania, the Register of Wills (not a judge) probates the will and grants Letters. Two witnesses may need to appear or provide affidavits to prove the will, unless the will is self-proving.
Receive Letters Testamentary or Letters of Administration
Once the Register of Wills approves the petition, Letters Testamentary (testate) or Letters of Administration (intestate) are issued. The personal representative (Pennsylvania's term) must sign an oath and may need to post a bond unless waived by the will. Obtain multiple certified short certificates (Pennsylvania's equivalent of certified Letters) for use with financial institutions and other parties.
Notify the Social Security Administration
Report the death to the Social Security Administration at 1-800-772-1213 if not already done by the funeral home. Any benefits received after the date of death must be returned. Surviving spouses and dependents may be eligible for survivor benefits.
Cancel services, subscriptions, and forward mail
Forward the decedent's mail through USPS to the executor's address or a secure location to capture bills, tax documents, and creditor correspondence. Cancel or transfer utilities (electric, gas, water, internet, phone), streaming services, gym memberships, magazine subscriptions, and other recurring payments. Notify the landlord if the decedent rented. Cancel the decedent's driver's license, voter registration, and passport to help prevent identity theft.
Publish notice of estate administration
Publish a notice of the grant of Letters in a newspaper of general circulation and in the county legal journal once a week for three successive weeks. This notice alerts creditors and other interested parties to the estate administration. Pennsylvania law provides creditors one year from the date of death to file claims, but the published notice begins the process of notifying potential claimants.
Notify financial institutions
Send certified short certificates and copies of the death certificate to all banks, brokerage firms, insurance companies, and retirement account custodians. Request date-of-death valuations for all accounts. Pennsylvania is an equitable distribution (common law property) state, so ownership of assets must be carefully verified.
Open an estate bank account
Obtain an EIN from the IRS using Form SS-4 and open a checking account in the name of the estate. All income, expense payments, and asset sale proceeds should flow through this account. Pennsylvania requires detailed financial accounting, so meticulous record-keeping from the start is essential.
File IRS Form 56 (Notice of Fiduciary Relationship)
File IRS Form 56 to notify the IRS that you are acting as the fiduciary (executor or administrator) for the decedent's estate. This establishes your authority to receive the decedent's tax information, file returns on their behalf, and correspond with the IRS regarding estate matters. File this form promptly after receiving Letters.
Maintain insurance and pay ongoing estate expenses
Review and maintain all insurance policies on estate property, including homeowner's insurance, auto insurance, and any umbrella liability coverage. Lapsed coverage during administration can expose the estate to significant liability. Continue paying ongoing obligations from the estate bank account: mortgage or rent, property taxes, HOA fees, storage unit fees, and essential maintenance. Keep detailed records of all payments for the final accounting.
Inventory and appraise estate assets
Prepare a complete inventory of all probate assets with date-of-death fair market values. While Pennsylvania does not require filing a formal inventory with the court, the personal representative must maintain one for tax filing and accounting purposes. Hire qualified appraisers for real estate, business interests, and personal property collections.
Handle digital assets and online accounts
Identify and secure the decedent's digital assets, including email accounts, social media profiles, cloud storage, cryptocurrency wallets, online banking, and digital subscriptions. Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs fiduciary access to digital accounts. Check the decedent's devices, password managers, and records for account credentials. Contact service providers to memorialize or close accounts as appropriate.
File claims against life insurance and benefits policies
File claims on all life insurance policies, accidental death policies, and any other insurance or death benefits payable to the estate or named beneficiaries. Provide certified death certificates and completed claim forms to each insurance carrier. Note that policies with named beneficiaries generally pass outside of probate directly to the beneficiary, but proceeds payable to the estate must be inventoried.
File Pennsylvania Inheritance Tax Return (REV-1500 or REV-1502)
File the Pennsylvania Inheritance Tax Return (Form REV-1500 for residents, REV-1502 for non-residents) within nine months of the date of death. Pennsylvania imposes an inheritance tax at rates that vary by the beneficiary's relationship to the decedent: 0% for surviving spouses, 4.5% for lineal descendants, 12% for siblings, and 15% for all other beneficiaries. A 5% discount is available if the tax is paid within three months of death.
File final personal income tax return (Form 1040 and PA-40)
File the decedent's final federal income tax return (Form 1040) and Pennsylvania personal income tax return (Form PA-40) for the period from January 1 through the date of death. Pennsylvania imposes a flat income tax rate on eight classes of income.
File estate income tax return (Form 1041 and PA-41) if applicable
If the estate earns more than $600 in gross income during the administration period, file federal Form 1041 and Pennsylvania Form PA-41 (Fiduciary Income Tax Return). Pennsylvania taxes estate income at its flat rate, and the estate may also owe local earned income tax on certain types of income.
File estate tax return (Form 706) if applicable
If the gross estate exceeds the federal estate tax exemption, file federal Form 706 within nine months of death. Pennsylvania does not impose a separate state estate tax (its inheritance tax serves a similar purpose). File Form 706 for portability of the unused exclusion amount if applicable.
Review and pay valid creditor claims
Review all creditor claims presented within the one-year claims period. Pay valid claims from estate funds in the order of priority established by Pennsylvania law (20 Pa.C.S. Section 3392): costs of administration, funeral expenses (up to a statutory limit), costs of the decedent's last illness, family exemption, and then all other claims.
Distribute residuary estate to beneficiaries
After all debts, taxes, expenses, and specific bequests have been satisfied, distribute the remaining estate assets to the residuary beneficiaries as directed by the will or by Pennsylvania intestacy law (20 Pa.C.S. Chapter 21). Obtain receipts and releases from all beneficiaries.
File formal or informal accounting
Pennsylvania allows either a formal accounting filed with the Orphans' Court or an informal accounting provided directly to beneficiaries. Formal accounting under the Orphans' Court rules requires a detailed statement of all receipts, disbursements, distributions, and assets on hand. If all beneficiaries agree, an informal family settlement agreement can substitute for court involvement.
Petition the Orphans' Court to close the estate (if formal accounting)
If a formal accounting is filed, petition the Orphans' Court to confirm the accounting and authorize final distributions. Once the court enters a decree of distribution and adjudication, the personal representative is discharged from further liability. If an informal settlement was used, the estate is closed upon execution of the family settlement agreement and receipt of all releases.
Close the estate bank account
After all distributions are complete and the estate is formally or informally settled, close the estate bank account. Confirm all checks have cleared and the balance is zero. Retain all bank statements and estate records for at least five years for tax and audit purposes.
Out-of-state decedents who owned Pennsylvania real estate need ancillary probate before the county Register of Wills, and Pennsylvania inheritance tax still applies to that real estate.
Most Pennsylvania estates take 12 to 24 months. The 1-year creditor period and 9-month inheritance tax deadline drive the timeline; small estates can close faster.
Register of Wills filing fees range from about $200 to $500 depending on county and estate size. Executor and attorney fees together commonly use the Johnson schedule (5% / 4% / 3% / 2%). Add inheritance tax, which is often the largest cost.
$50,000 gross personal estate (excluding real estate and the family exemption) qualifies for a simplified petition under 20 Pa.C.S. § 3102. A separate $20,000 limit (raised from $10,000 in 2026) applies to simplified bank account transfers.
Not legally required, but strongly recommended. Pennsylvania inheritance tax filings are mandatory for most estates and trip up DIY executors; Orphans' Court audits require careful accounting.
Yes — revocable living trusts, joint tenancy with right of survivorship, payable-on-death and TOD-account designations, and beneficiary designations all bypass probate. Note: Pennsylvania does NOT allow TOD deeds for real estate.
There is no fixed deadline, but inheritance tax is due 9 months after death and gets a 5% discount if paid within 3 months — so wills are typically presented to the Register of Wills within weeks of death.
No state estate tax, but Pennsylvania has an inheritance tax: 0% to spouses/charities, 4.5% to lineal heirs and parents, 12% to siblings, 15% to others. Federal estate tax applies separately above $15M individual / $30M per couple (2026).
No, Pennsylvania does not authorize TOD deeds for real estate. HB 2124 to adopt the Uniform Real Property Transfer on Death Act has passed the House Judiciary Committee but is not yet law as of mid-2026.
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This page is informational, not legal advice. Probate rules, thresholds, fees, and tax exemptions change. For your specific situation, consult a licensed Pennsylvania probate attorney.