The Probate Process in Pennsylvania: How It Works (2026)

· Published on

When someone dies owning property in their own name, Pennsylvania usually needs a court-supervised process to transfer that property to the people who inherit it. That process is called probate. It sounds intimidating, but in Pennsylvania it is handled at the county level by an office called the Register of Wills, and for a typical estate it is more paperwork than courtroom drama. This guide walks through each stage so you know what to expect.

Probate in Pennsylvania at a glance

  • Probate opens at the Register of Wills in the county where the person lived.
  • The Register issues a grant of "letters" appointing the personal representative.
  • The personal representative gathers assets, pays debts, and distributes what remains.
  • The estate must be advertised once a week for three weeks.3
  • A Pennsylvania inheritance tax return is generally due within nine months of death.6

The Register of Wills opens the estate

Pennsylvania does not have a single statewide probate court. Instead, each of the 67 counties has a Register of Wills, and probate is opened in the county where the deceased person was domiciled at death, whether that is Philadelphia, Allegheny (Pittsburgh), Lehigh (Allentown), or Dauphin (Harrisburg). The person named as executor in the will takes the original will and a certified death certificate to that office to begin.1

If there is no will, a close relative can ask to be appointed instead. Because Pennsylvania's intestacy rules then decide who inherits, it is worth understanding that default formula; our guide on dying without a will in Pennsylvania explains it, and you can estimate the shares with our Pennsylvania intestate succession calculator.

The grant of letters

The Register's core job is to admit the will to probate and issue a document called "letters." Letters testamentary go to an executor named in a will; letters of administration go to the person appointed when there is no will. Either way, the document is the official proof that this person has authority to act for the estate. Under 20 Pa.C.S. Chapter 31, the grant of letters is what allows the personal representative to collect bank accounts, sell property, and deal with third parties.1

Before letters are granted, the will normally has to be proved. If it is self-proved with a notarized affidavit, the Register can accept it directly; if not, two witnesses generally have to confirm the signature.2 A wholly handwritten will with no witnesses is still valid in Pennsylvania, but proving it can take an extra step.

What the personal representative does

Once appointed, the executor or administrator (together called the "personal representative") carries the estate through to the end. The main duties are:

  1. Inventory the assets. Identify and value everything the deceased owned in their own name, from bank accounts to real estate to personal belongings.
  2. Notify heirs and beneficiaries. Pennsylvania requires written notice to the people entitled to inherit within three months of the grant of letters.
  3. Pay debts and expenses. Legitimate creditor claims, funeral costs, and the costs of administration are paid from the estate before anything is distributed.
  4. File tax returns. This includes the Pennsylvania inheritance tax return and any final income tax returns.
  5. Distribute what remains. After debts and taxes, the personal representative distributes the balance to the beneficiaries under the will, or to the heirs under intestacy.

Advertising the estate

One Pennsylvania-specific step surprises many families. After letters are granted, the personal representative must advertise the grant once a week for three successive weeks in a newspaper of general circulation in the county and in the county's legal journal.3 This public notice gives unknown creditors a chance to come forward. It also starts a clock: creditors generally have one year from the first advertisement to present claims against the estate.

Inheritance tax during probate

Pennsylvania is one of a handful of states with a state inheritance tax, and it is paid during administration. The rate depends on who inherits: 0% for a surviving spouse, 4.5% for children and other lineal descendants, 12% for siblings, and 15% for other heirs.4 The return and payment are generally due within nine months of the date of death, though paying within three months earns a 5% discount.6 Because this tax can be a real cost to your beneficiaries, it is worth reading our detailed guide to Pennsylvania inheritance tax before you plan your estate.

Not everything goes through probate. Assets with a beneficiary designation (life insurance, IRAs, 401(k)s) and property held in joint tenancy with right of survivorship pass outside probate directly to the survivor. They can still be subject to Pennsylvania inheritance tax, but they do not need the Register's grant of letters to transfer.

How long does probate take, and what does it cost?

A straightforward Pennsylvania estate often takes nine months to a year and a half. The nine-month inheritance tax deadline and the one-year creditor claim period set the natural pace; even a simple estate rarely closes in under a year. Contested wills, hard-to-value assets, or out-of-state property can stretch it further.

Costs typically include the Register of Wills probate fee (a modest sliding scale based on estate size), advertising costs, and, if used, attorney and personal-representative fees. For very small estates, Pennsylvania offers a simplified shortcut that skips full administration entirely; see our guide to the Pennsylvania small estate procedure.

Planning ahead

You cannot skip probate simply by writing a will, but a clear, valid will makes the process far smoother: it names your executor, states who inherits, and removes the guesswork that slows an intestate estate. To put your wishes on paper the right way, read our step-by-step guide on how to write a will in Pennsylvania, or build a Pennsylvania-specific document now with our will form.

Sources

  1. 1Title 20 Pa.C.S. Chapter 31 (Grant of letters; probate of wills), Pennsylvania General Assembly (legis.state.pa.us)
  2. 2The Two Witness Rule, Marshall, Parker & Weber (paelderlaw.com)
  3. 320 Pa.C.S. Section 3162, Advertisement of grant of letters (Justia) (law.justia.com)
  4. 4Inheritance Tax, Pennsylvania Department of Revenue (pa.gov)
  5. 5Intestate Descent in Pennsylvania, Philadelphia Register of Wills (phila.gov)
  6. 6Inheritance Tax filing deadlines and discount, Pennsylvania Department of Revenue (pa.gov)

Frequently Asked Questions

Is probate always required in Pennsylvania? No. Assets with a named beneficiary and property held in joint tenancy with right of survivorship pass outside probate, and very small estates can use a simplified petition instead of full administration.

Where do you file for probate in Pennsylvania? At the Register of Wills in the county where the person lived, such as Philadelphia, Allegheny, Lehigh, or Dauphin county.

How long does probate take in Pennsylvania? A straightforward estate typically takes nine months to about a year and a half, driven by the nine-month inheritance tax deadline and the one-year creditor claim period.

Does Pennsylvania probate collect inheritance tax? Yes. The Pennsylvania inheritance tax return is filed and paid during administration, generally within nine months of death, with a 5% discount for paying within three months.

Max Kuch

About the author

Max Kuch

Max Kuch writes about estate planning, wills and inheritance for Pennsylvania Will Template. He gathers the rules from the Pennsylvania statutes and the leading public data, then explains them in plain, accessible language so anyone can put their wishes in writing.

Your personal draft will in 15 minutes

Answer a few simple questions and get a draft tailored to your situation, instantly as PDF, Word and OpenOffice.

Create your will now

Personalized · Legally sound · Download instantly

Frequently asked questions

The draft itself is a template, not yet a valid will. Under 20 Pa.C.S. Sec. 2502, Pennsylvania recognizes a wholly handwritten (holographic) will. To make it valid you must copy the finished text out entirely in your own handwriting and sign it at the end. Once you do that in your own hand and sign at the end, it meets Pennsylvania's requirements. A printout that you only sign is weaker, so the safe path is to write the whole thing by hand yourself.

Pennsylvania gives full effect to a holographic will, meaning a will written and signed entirely in the testator's own hand. No witnesses are required for the will to be valid. Copying it out by hand is what turns our template into a will the law recognizes. Your own handwriting is also strong evidence that the document is genuinely yours, which helps when it is presented to the Register of Wills. Take your time, write clearly, and sign at the end.

Pennsylvania has no forced heirship, so you are free to leave children out and direct your property as you choose. A spouse is treated differently. Under 20 Pa.C.S. Sec. 2203, a surviving spouse who is disinherited can file an elective share and claim one third of certain estate property, and that right stands even if your will says otherwise. So you can write a spouse out on paper, but the law still lets that spouse elect to take one third. If your family situation is delicate, state your intentions clearly and consider legal advice.

Keep the signed original somewhere safe and dry, such as a home fireproof box or a bank safe deposit box, and make sure your executor knows exactly where it is. Pennsylvania has no statewide lifetime registry where you file a will while you are alive. After your death, the original is taken to the Register of Wills in the county where you lived so it can be probated. Because the original is what gets filed, protecting it and telling your executor is the most important step.

We recommend against a single shared document. A holographic will in Pennsylvania must be entirely in one person's handwriting and signed at the end by that person, so two people cannot both handwrite and sign the same will. The clean approach is two separate mirror wills, one written and signed by each spouse, that reflect the same plan. Each of you copies out and signs your own, and each stays valid and changeable on its own.

Yes. A will only takes effect at death, so you can revise it at any time while you are alive and of sound mind. The simplest way is to handwrite a fresh will, sign it at the end, and physically destroy the old one so there is no confusion about which is current. Avoid squeezing changes in below your signature, because anything written after the end signature in Pennsylvania is generally not given effect. Review your will after major life events like a marriage, divorce, birth, or a large purchase.

No. This service helps you produce a clear, well structured draft to copy out by hand, but it is not legal advice and does not replace an attorney. If your estate is large, you own a business, you have blended family issues, property in more than one state, or you expect disputes, have a Pennsylvania attorney review your plan. For a straightforward estate, a carefully handwritten will signed at the end can serve you well.

Made for Pennsylvania

Built around 20 Pa.C.S. Sec. 2502

Private and secure

SSL encrypted, your data stays private

Support when you need it

Real help by email at every step

Up to date

Current Pennsylvania law