How to Probate an Estate in Pennsylvania: Step-by-Step Guide

Losing a loved one is already difficult enough without the added stress of the legal process that follows – probate. Administering a deceased person’s estate can feel tedious, time consuming and complicated; especially for someone who is unfamiliar with court procedures, deadlines, and financial obligations. At Bloom Peters, Attorney Madeline Felix guides families through the probate process with clarity, efficiency and compassion.

The probate process identifies a deceased person’s assets, debts, and distributes such to beneficiaries or heirs. Whether there is a valid will, or competing wills, probate ensures that everything is handled according to the law.

While each county and estate is unique, probate matters follow a similar path:

1.      Filing the Petition

The process beings by filing a Petition for Grant of Letters Testamentary with the Register of Wills in the county where the decedent lived. If there is a will, it is submitted for probate, and the Register of Wills appoints the executor named in the will. If the decedent died “intestate,” meaning that they did not have a will, the Register appoints an administrator.

2.      Appointment of Executor, Personal Representative or Administrator

Once appointed, the executor, personal representative or administrator is legally authorized to act on behalf of the estate and to administer the estate. This includes communicating with heirs and beneficiaries, creditors, and managing the estate property while the estate is being administered.

3.      Identifying and Valuing Assets and Debts

The personal representative must locate all assets owned and debts owed by the decedent. This includes bank accounts, real estate, investments, personal property, vehicles, tax debts, medical bills. Assets are appraised or valued as of the date of death. Creditors must be formally notified of the estate and debts must be paid before any distributions are made to heirs or beneficiaries. All information regarding assets and debts must be formally documented and filed. This document is called an inventory.

4.      Filing Required Tax Returns

Depending on the size and nature of the estate, the personal representative may need to file a final income tax return and an inheritance tax return. If required, these returns must be filed with the IRS and with the appropriate Register of Wills Office.

5.      Distributing Assets

After assets are identified, debts are paid, and taxes are filed, the remaining assets are distributed according to the will, or, if there is no will, according to Pennsylvania intestacy laws.

6.      Closing the Estate

After the estate is distributed, the personal representative files the final paperwork to formally close the estate.

While it is technically possible to handle probate without an attorney, doing so is time consuming, and can lead to costly mistakes, unnecessary delays, and personal liability. Probate is a lengthy process that involves strict deadlines, detailed paperwork. And, unfortunately, unexpected family disagreements, creditor claims, and will contests can occur at any time. From tax considerations to asset distribution strategies, a probate attorney can provide advice and reduce the risk of personal liability for the personal representative.

At Bloom Peters, we understand that probate is more than a legal process, it’s someone’s legacy. Attorney Madeline Felix brings both legal skills and thoughtful guidance to each case. Whether you are a personal representative or a concerned family member, our office is here to help you every step of the way.