PENNSYLVANIA PROBATE LAWS

In Pennsylvania, probate is the legal process that happens after a person (the “decedent”) dies, regardless of whether the person died with or without a valid will.

If a decedent dies with a will, then their property is distributed according to the will. If a person dies without a will, then Pennsylvania probate laws kick in and dictate how the decedent’s assets will be distributed. Probate isn’t always required after someone dies; it depends on what assets the decedent owned.

The Probate Process

At its most basic level, the probate process in Pennsylvania involves two steps; paying your debts and transferring any assets to your beneficiaries. A probate proceeding begins when the court appoints someone to handle the administration of estate, i.e. a personal representative. Many times the decedent will already have named the personal representative in his or her will. If not, the court or clerk of the court will appoint someone (see below).

He or she must:

  1. Assemble all the decedent’s assets;
  2. Pay the bills (funeral expenses, creditors, taxes, and general administration expenses);
  3. Distribute any assets that are left over.

Types of Estate Administration

The process of administering the estate will vary depending on whether or not the decedent had a valid will and the type of probate administration the decedent’s estate will have to go through. If a decedent’s estate is small enough, the law allows it to be probated using a simplified process.

Types of Probate Administration

Probate on Small Estates (Expedited Probate Proceeding)

  • Value of the estate is less than $50,000.
  • Amount doesn’t include real estate and funeral expenses.

All Other Estates

  • Formal probate proceedings.

What Assets Go Through Probate? 

Probate assets are any assets that are owned solely by the decedent. This can include the following: real property that is titled solely in the decedent’s name or held as a tenant in common, personal property, such as jewelry, furniture, and automobiles, bank accounts that are solely in the decedent’s name, an interest in a partnership, corporation, or limited liability company, and any life insurance policy or brokerage account that lists either the decedent or the estate as the beneficiary.

What Assets Skip Probate Entirely

  • Property in a living trust.
  • Real estate owned as joint tenants with a right of survivorship or tenancy by the entirety.
  • Life insurance policies and retirement accounts with a designated beneficiary.
  • Bank accounts with payable on death (POD) or transfer on death (TOD) clause.

Who Supervises and Decides Probate Cases?

Pennsylvania Court of Common Pleas

Estate Taxes 

Pennsylvania has an inheritance tax, not an estate tax.

Reference: Find Law

Kindly visit our Estate Planning and Probate & Estate Administration websites or contact one of our Estate Attorneys or Philadelphia Probate and Estate Administration Attorneys at 215-977-8200 for more information on this topic.