What to Expect During Probate in Pennsylvania

Death is often a subject that no one wants to think about. But we all know that it’s an inevitable part of the circle of life. We also know that families who are reeling from the emotional loss of a loved one still face legal responsibilities and financial obligations they might not understand. Probate is one of the most common (and misunderstood) parts of the estate administration process.

If you’ve been named as an executor or are trying to probate a loved one’s estate in Pennsylvania, here’s what you can expect during the process. When you know what to expect, you can reduce stress, avoid costly mistakes, and keep things moving along.

Probate in Pennsylvania: What to Expect

Probate is the legal process of administering the estate of someone who has died. Probate formally identifies estate assets, pays any debts and taxes, and makes sure everything else is distributed according to the decedent’s wishes.

In Pennsylvania, probate is initiated in the Register of Wills in the county where the deceased person resided. Although probate cases are overseen by the court, most of the work is done by the executor named in the will (or the administrator if there is no will).

Assuming there is a valid will, probate ensures that a deceased person’s assets are distributed according to his or her wishes. If there is no will, Pennsylvania’s intestacy laws determine who gets what.

Step 1: Opening the Estate

Probate officially begins when the executor of the estate files the original will (if one exists), a certified copy of the death certificate, and a petition to open the estate with the Register of Wills.

Once approved by the court, the executor will receive “Letters Testamentary,” which grants legal authority to act on behalf of the estate.

If there is no will, the court will appoint an estate administrator and issue “Letters of Administration.” Although the tasks are similar, probating an estate without a will is often more complicated.

Keep in mind that no activity can take place until the estate is opened.

Step 2: Executor Responsibilities

Naming someone as an executor is a matter of great trust. Essentially, that individual is legally responsible for handling the estate in the best interests of the deceased person and his or her beneficiaries.

At a high level, an executor’s duties will include:

Finding and protecting assets
Notifying beneficiaries
Paying debts and taxes
Filing paperwork with the court
Distributing assets according to the terms of the will

It is important to note that, as an executor, you can be held personally liable if you make mistakes. That said, it is not uncommon for executors to hire a probate lawyer to assist with navigating the process.

Step 3: Notifying Beneficiaries and Creditors

Beneficiaries should be notified as soon as possible. In Pennsylvania, formal written notice is typically required.

Notice to creditors is a bit different. In addition to notifying beneficiaries named in the will, the executor must run a notice ad in the local newspaper and legal journal. The ad informs creditors that they have a limited time to make claims against the estate.

Limiting creditor claims is one reason why this step is required. If you don’t follow the proper procedure, disgruntled creditors could come forward months (or even years) later.

Step 4: Inventorying the Estate

Locating and valuing estate assets can be one of the executor’s most challenging duties. Possible assets include:

Real estate
Bank accounts
Investment accounts
Business ownership interests
Vehicles
Jewelry and collectibles
Antiques

Known assets should be compiled into an inventory listing and filed with the court within nine months of death. Remember that certain assets, such as life insurance proceeds or property held in joint names, might not go through probate. But you’ll still want to know about them for tax purposes.

Step 5: Paying Debts and Expenses

The executor is responsible for ensuring all of the decedent’s final bills are paid, including:

Funeral expenses
Burial expenses
Medical bills
Credit cards
Loans

Pennsylvania follows priority rules when paying debts. For example, you must pay funeral expenses before you pay credit card bills. If you don’t follow the order of priority, you could be held personally liable.

Even if there aren’t enough assets in the estate to pay all debts, don’t panic. Simply follow Pennsylvania law for handling insufficient assets. If you have questions or concerns about this step or any other steps in the probate process, let a skilled Bethlehem probate attorney help.

Step 6: Pennsylvania Inheritance Tax

Pennsylvania imposes an inheritance tax on probate assets. Inheritance tax rates vary depending on the beneficiary. For instance:

Tax rates are 0% for transfers to a surviving spouse.
Children inherit at a 4.5% tax rate.
More distant relatives pay higher tax rates.
Non-relatives also pay higher rates.

The inheritance tax return is normally due nine months from the date of death. Discounts may be available for early payment. Keep in mind that failing to file the inheritance tax return on time can result in delays and penalties.

Step 7: Accounting and Distributing Assets

Once all debts and taxes have been paid, the executor will prepare an estate accounting. The accounting summarizes all income, expenses, and distributions. Beneficiaries will have the opportunity to approve the accounting. If there are no objections, assets can be distributed.

Keep in mind that assets cannot be distributed until the estate’s taxes are paid. Once approved, distributions should be made according to the terms of the will. If there is no will, distributions are governed by Pennsylvania intestacy law.

Probate Timeline in Pennsylvania

Probate doesn’t usually take very long in Pennsylvania. Most estates can complete the process within 9-18 months. Things that can prolong the probate timeline include:

Conflict among beneficiaries
Unclear will instructions
Difficulty valuing certain assets
Slow real estate sale
Tax issues
Delays caused by creditor claims

In some situations, probate can take several years. But more often, estates are open for shorter periods of time.

Difficult Probate Situations

Probate problems usually fall into a few categories.

Family conflict is perhaps the most common issue. Whether the dispute is over the distribution of assets, perceived unfairness, or ambiguous language in the will, family feuds can slow down probate or lead to litigation.

Sometimes it can be difficult to find all of the decedent’s assets. You may need to dig through old paperwork to find old bank accounts, insurance policies, or forgotten pieces of real estate. Beneficiaries can also create challenges if they pressure you for an early distribution. Even if they are entitled to assets, distributions cannot be made until certain requirements are met.

Avoiding Probate in Pennsylvania

You may be wondering: Is probate avoidable? The short answer is yes. In fact, many assets don’t have to go through probate at all. These assets include:

Life insurance
Retirement accounts
Jointly owned property
Trust accounts

With proper planning, most people can avoid probate for the majority of their assets.

A Knowledgeable Bethlehem Probate Attorney Can Help

There’s a lot to remember when you’re probating an estate. From court procedures to tax filings, it’s easy to make mistakes if you don’t know what you’re doing. An experienced Bethlehem probate attorney can guide you every step of the way. When you work with an attorney, you can:

Meet court deadlines
Ensure proper notice is given to beneficiaries and creditors
Defend against creditor claims
Prepare and file Pennsylvania inheritance tax returns
Navigate estate disputes

Contact our office today to schedule your free consultation. We will help you understand your responsibilities during probate and answer any questions you may have.